Terms And Conditions
CONTRACT FORMATION AND OVERVIEW
1.1 These Terms and Conditions govern the terms
under which you may access and use this website and the services associated with
it (together, the
By accessing, registering with and using the Service, you agree to be bound by
the terms of the Terms and Conditions. If you do not wish to be bound by
the Terms and Conditions do not access, register with or use the Service. The
language of these Terms and Conditions is English and all Services, instructions
and transactions carried out in connection with it shall be in English.
1.2 In these Terms and Conditions, the terms
"Mustaqbal", "we", "us",
"our" refer to Mustaqbal
Express Ltd, together with its employees, directors, affiliates, successors, and
assigns. Mustaqbal Ltd is a company registered number ________in
England, with its registered office at Building _________________________ Road,
London,. It is registered with the Financial Services Authority (FSA) under the
Payment Service Regulations 2009 for the provision of payment services.
Registration number: _________
1.3 The terms
"your" refer to users of
the Service, whether in their capacity as Senders, Recipients, or visitors to
1.4 These Terms and Conditions are effective from
18 November 2010. The Terms and Conditions may change from time to time, but
changes will only be effective from the date they are made and will not change
the terms on which you previously used the Service.
1.5 The Service was created to assist customers to
send money to their family and friends, and to receive money from family and
friends, around the world. For security reasons, we recommend that you
only send money through the Service to people you know personally. You must not
use the Service to send money to strangers for example sellers of goods and/or
services, private or retail.
In this Terms and Conditions:
means the country in which the Recipient receives money through the Service.
means any taxes or charges payable in the Destination Country.
"Payment Instrument" means a valid instrument of payment such as a bank account, debit
card or credit card.
means the amount paid out to the Recipient, after any foreign exchange
conversion and excluding Local Taxes.
means someone who receives money through the Service.
means someone who uses the Service to send money.
means the fee plus any additional charges applicable to each Transaction.
"Service Provider" means a local bank, money exchange house, or other third party
service providers in the Destination Country with whom Mustaqbal works
in providing the Service.
means a specific instruction to send money through the Service.
"Transaction Amount" means the amount of money that the Sender wishes to send to the
Recipient, excluding any applicable fees and prior to any foreign exchange
3.1 Subject to these Terms and Conditions, we agree
to provide the Service to you using reasonable care. The Service may not be
available in whole or in part in certain regions, countries, or jurisdictions.
3.2 We are not obliged to process any particular
Transaction. When you submit a Transaction, you are requesting that we process
the Transaction on your behalf. We may, in our sole discretion, choose
whether or not to accept the offer to process that Transaction. However, if we
decide not to process the Transaction, we will notify you promptly of that
decision and repay the money paid to us.
3.3 Mustaqbal reserves the right to modify
or discontinue the service or any part of the Service without notice, at any
time and from time to time. We may, in our absolute discretion, refuse any
Transaction or limit the amount to be transferred, either on a per transaction
basis or on an aggregate basis, and either on individual accounts or on related
3.4 We may, in our sole discretion, refuse
Transactions from certain Senders or to certain Recipients, including but not
limited to entities and individuals on restricted or prohibited lists issued
from time to time by the UK Government. In addition, not all Payment
Instruments are available to all customers at all times and we may, in our sole
discretion, refuse Transactions funded from certain Payment Instruments.
3.5 We will attempt to process Transactions
promptly, but any Transaction may be delayed or cancelled for a number of
reasons including but not limited to: our efforts to verify your identity; to
validate your Transaction instructions; to contact you; or otherwise to comply
with applicable law; or due to variations in business hours and currency
3.6 We will attempt to provide Senders and
Recipients with up to date information regarding the location and opening hours
of our Service Providers by means of information on our website. However,
you agree that Mustaqbal shall not be held responsible for any
inaccuracies that may appear in that information or any consequential loss which
may result from incorrect or incomplete information.
You agree that:
4.1 you will not access, use or attempt to use the
Service as a Sender unless you are at least 18 years old, and that you have the
legal capacity to form a binding legal contract in the relevant jurisdiction;
4.2 for each Transaction that you submit, you will
pay us the Service Fee in addition to the Transaction Amount. Payment becomes
due at the time that you submit your Transaction. If you submit a
Transaction that results in Mustaqbal becoming liable for charges
including but not limited to chargeback or other fees, you agree to reimburse us
for all such fees;
4.3 in connection with your registration and use of
the Service, you will:
provide us with true, accurate, current and complete evidence of your identity,
and promptly update your personal information if and when it changes;
provide our merchant with details of one or more Payment Instruments; and
provide us with true, accurate, current and complete information for all
We do not accept any
liability for damages resulting from non-payment or delay in payment of a money
transfer to a Recipient or failure to perform a transaction under the Service by
reason of any of these matters.
4.4 when you pay for a Transaction in one currency
and the Recipient is paid in another currency, there will be a difference
between the exchange rate at which we buy foreign currency and the exchange rate
provided to you. Mustaqbal and its Service Providers usually make
a small profit in these circumstances. If such account is denominated in
another currency the amount to be received by the Recipient will be reduced by
the amount of extra charges incurred by reason of the incorrect information
given by you and we will have no obligation to make good such reduction;
4.5 when you are sending money under these Terms
and Conditions, it is your responsibility to make sure all the Transaction
details are accurate before submission. Once a Transaction has been submitted
for processing it is not normally possible to change any of its details. You
will be given the opportunity to confirm Transactions before submission and you
must check the details carefully.
4.6 Mustaqbal will have no responsibility
for any fees or charges you may incur by the use of a particular Payment
Instrument to fund a Transaction. These may include but are not limited to
unauthorised overdraft fees imposed by banks if there are insufficient funds in
your bank account or "cash advance" fees and additional interest which may be
imposed by credit card providers if they treat use of the Service as a cash
transaction rather than a purchase transaction;
4.7 you will only use the Service to send money to
people that you know personally and not to pay for goods or services. If,
in breach of this clause, you choose to pay third parties for goods and services
using the Service, you acknowledge that Mustaqbal has no control over,
and is not responsible for, the quality, safety, legality, or delivery of such
goods or services and that any such use of the Service is entirely at your own
risk. If Mustaqbal reasonably believes you are using the Service
to purchase goods or services, we reserve the right to cancel your
4.8 both you and the Recipients will only act on
your own behalf. You may not submit or receive a Transaction on behalf of
a third person. If you intend to submit or receive a Transaction on behalf
of a company, business or any entity other than a human individual, you must
first inform Mustaqbal of your desire to do so and provide us with any
additional information about the entity we may request in order that we may
decide whether to permit the Transaction;
4.9 in using the Service you will comply with these
Terms and Conditions as well as any applicable laws, rules or regulations. It is
a breach of these Terms and Conditions to use the Service to send money (i) to a
Recipient who has violated the Terms and Conditions, or (ii) in connection with
illegal activity including without limitation money-laundering, fraud and the
funding of terrorist organisations. If you use the Service in connection with
illegal activity, Mustaqbal may report you to the appropriate legal
4.10 when using our website or the Service or when interacting
with Mustaqbal, with another user or with a third party, you will not:
4.10.1 breach this Terms and Conditions, or any
other agreement between you and Mustaqbal;
4.10.2 open more than one account, without our
prior written permission;
4.10.3 provide false, inaccurate, or misleading
4.10.4 allow anyone else access to your
registration details, and will keep those details secure;
4.10.5 refuse to provide confirmation of any
information you provide to us, including proof of identity, or refuse to
co-operate in any investigation;
4.10.6 use an anonymising proxy (a tool that
attempts to make activity untraceable); or
4.10.7 copy or monitor our website using any robot,
spider, or other automatic device or manual process, without our prior written
4.11 Mustaqbal may, as necessary in providing the
Service, store all information required of a Recipient to prove his or her
identity or associated with their specific Transaction. Such proofs may include
a suitable form of valid, unexpired identification from a list of acceptable
papers provided by the Service Provider, and/or a Transaction tracking number, a
personal identification number (PIN), a "password", a "secret word", or other
CANCELLATION AND REFUNDS
5.1 If you have any problems using the Service you
should contact us through the channels listed at the end of this Terms and
5.2 You have the statutory right to cancel your
agreement with us after you have submitted a Transaction. This right of
cancellation continues until fourteen days after you have submitted the
transaction, or until we have completed the contract by paying the Payout Amount
to the Recipient, whichever is the earlier. If you exercise your right to cancel
under this clause, we may make a cancellation charge.
5.3 If you wish to exercise your right to cancel
under this clause, you must submit a written request to one of the contact
points listed at the bottom of this Terms and Conditions, giving the Sender's
full name, address, and phone number, together with the Transaction tracking
number, Transaction Amount, and the reason for your refund request.
5.4 Any refunds will be credited back to the same
Payment Instrument used to fund the Transaction and in the same currency.
No adjustment will be made for any currency fluctuations which may have occurred
in the meanwhile.
COLLECTION OF INFORMATION
Customer Identification Program. UK law requires all financial
institutions to assist in the fight against money laundering activities and the
funding of terrorism by obtaining, verifying, and recording identifying
information about all customers. We may therefore require you to supply us
with personal identifying information and we may also legally consult other
sources to obtain information about you.
Verification and Checks. We will verify your residential address and personal details
in order to confirm your identity. We may also pass your personal information to
a credit reference agency, which may keep a record of that information. You can
be rest assured that this is done only to confirm your identity, that a credit
check is not performed and that your credit rating will be unaffected. All
information provided by you will be treated securely and strictly in accordance
with the Data Protection Act 1998.
6.3 By accepting these Terms and Conditions you
authorise us to make any inquiries we consider necessary to validate the
information that you provide to us. We may do this directly, for example
by asking you for additional information, requiring you to take steps to confirm
ownership of your Payment Instruments or email address; or by verifying your
information against third party databases; or through other sources.
purposes of providing the Service, including for verification purposes as set
out in this clause. You also consent to the use of such data for communicating
with you, and for statutory, accounting and archival purposes. You acknowledge
Government Disclosures. We may be required by law to provide information about you and
your Transactions to government or other competent authorities as described in
7.1 The Mustaqbal website and the Mustaqbal
Express Service, the content, and all intellectual property relating to them and
contained in them (including but not limited to copyrights, patents, database
rights, trademarks and service marks) are owned by us, our affiliates, or third
parties. All right, title and interest in and to the Mustaqbal Online
Site and the Mustaqbal Online Service shall remain our property and/or
the property of such other third parties.
7.2 The Mustaqbal website and the Mustaqbal
Express Service may be used only for the purposes permitted by these Terms and
Conditions or described on this website. You are authorized solely to view and
to retain a copy of the pages of the Mustaqbal website for your own
personal use. You may not duplicate, publish, modify, create derivative works
from, participate in the transfer or sale of, post on the internet, or in any
way distribute or exploit the Mustaqbal website, the Mustaqbal
Service or any portion thereof for any public or commercial use without our
express written permission. You may not: (a) use any robot, spider, scraper or
other automated device to access the Mustaqbal website or the Mustaqbal
Express Service; and/or (b) remove or alter any copyright, trademark or other
proprietary notice or legend displayed on the Mustaqbal website (or
printed pages of the website). The name Mustaqbal and other names and
indicia of ownership of Mustaqbal's products and/or services referred to
on the Mustaqbal website are our exclusive marks or the exclusive marks
of other third parties. Other product, service and company names appearing on
the website may be trademarks of their respective owners.
WARRANTIES AND LIABILITY
8.1 We will refund to you any benefit which we
receive as a result of any breach of our agreement with you (this means that,
for example, where a money transfer has failed in such circumstances we will
refund to you the Transaction Amount and the Service Fee).
8.2 If a money transfer is delayed or fails, you
may have a right to receive a refund or compensation under laws relating to the
provision of international money transfer services. We will provide you with the
details of your rights to a refund or compensation if you contact us using the
contact details at the end of this agreement.
8.3 Any claim for compensation made by you and/or a
Recipient (who is not registered with us) must be supported by any available
8.4 If any loss which you or a Recipient (who is
not registered with us) suffers is not covered by a right to payment under the
laws referred to in clause 8.2, we will only accept liability for that loss up
to a limit which is the greater of: (a) the amount of any service charge; and
(b) €500, unless otherwise agreed by us in writing. Our cap on our liability
only limits a claim for loss arising out of any single transaction or related
transactions, or (if a loss does not arise out of a transaction or transactions)
any single act, omission or event or related acts, omissions or events. This
means that if, for example, you suffer loss by reason of our failure to perform
our agreement with you under two unrelated transactions, you might be able to
claim up to €1000.
8.5 We do not, in any event, accept responsibility
any failure to perform your instructions as a result of circumstances which
could reasonably be considered to be outside our control;
malfunctions in communications facilities which cannot reasonably be considered
to be under our control and that may affect the accuracy or timeliness of
messages you send to us;
any losses or delays in transmission of messages arising out of the use of any
internet service provider or caused by any browser or other software which is
not under our control;
errors on the website or with the Service caused by incomplete or incorrect
information provided to us by you or a third party.
8.6 Nothing in this clause 8 shall (a) exclude or
limit liability on our part for death or personal injury resulting from our
negligence; or (b) exclude liability for our fraud.
8.7 Where you are sending a money transfer to a
Recipient who is not registered with us, you agree to accept the provisions of
this clause 11 not only for yourself, but also on behalf of the Recipient.
8.8 Your relationship is with Mustaqbal
only. You agree that no affiliate or agent of Mustaqbal owes you any
duty of care when performing a task which would otherwise have to be performed
by Mustaqbal under its agreement with you.
8.9 You agree to indemnify and hold harmless
Mustaqbal, our subsidiaries, affiliates, officers, directors, employees,
agents, independent contractors, advertisers, partners, and co-branders from all
loss, damage, claims, actions or demands, including reasonable legal fees,
arising out of your use or misuse of this website or Service, all activities
that occur under your password or account e- mail login, your violation of this
Terms and Conditions or any other violation of the rights of another person or
9.1 You acknowledge that this Terms and Conditions
shall be entered into electronically, and that the following categories of
may be provided by electronic means:
9.1.1 This Terms and Conditions
and any amendments, modifications or supplements to it.
9.1.2 Your records of
transactions through the Service.
9.1.3 Any initial, periodic or
other disclosures or notices provided in connection with the Service, including
without limitation those required by law.
9.1.4 Any customer service
communications, including without limitation communications with respect to
claims of error or unauthorised use of the Service.
9.1.5 Any other communication
related to the Service or Mustaqbal.
9.2 The Service does not allow for Communications
to be provided in paper format or through other non-electronic means. You
may withdraw your consent to receive Communications electronically, but if you
do, your use of the Service shall be terminated. In order to withdraw your
consent, you must contact us using our contact information at the end of this
Terms and Conditions.
9.3 In order to access and retain Communications,
you must have or have access to the following:
9.3.1 An Internet browser that
supports 128-bit encryption, such as Internet Explorer version 4.0 or above;
9.3.2 An e-mail account and
e-mail software capable of interfacing with Mustaqbal's e-mail servers;
9.3.3 A personal computer,
operating system and telecommunications connections to the Internet capable of
supporting the foregoing;
9.3.4 Sufficient electronic
storage capacity on your computer's hard drive or other data storage unit; and
9.3.5 A printer that is capable
of printing from your browser and e-mail software. In addition, you must
promptly update us with any change in your email address by updating your
10.1 Either party may terminate this Terms and Conditions on
one day's written notice.
10.2 We may terminate this Terms and Conditions with immediate
effect if you:
10.2.1 become, or are likely to become,
insolvent or are declared bankrupt;
10.2.2 are in breach of any provision of this
Terms and Conditions;
10.2.3 your use of the Service or the website
is disruptive to our other customers, or you do anything which in our opinion is
likely to bring us into disrepute;
10.2.4 breaches or attempts to breach the
security of the website (including but not limited to: modifying or attempting
to modify any information; unauthorised log-ins, unauthorised data access or
deletion; interfering with the service, system, host or network; reverse
engineering of any kind; spamming; hacking; falsifying data; introducing
viruses, Trojan horses, worms or other destructive or damaging programs or
engines; or testing security in any way);
11.1 If you wish to make a complaint about any aspect of the
Mustaqbal service, please send your complaint in writing to the address
shown on the Contact Us page or by email to [customerservice@Mustaqbal
11.2 We will acknowledge receipt of your complaint within 2 business
days. We will investigate your complaint and come back to you with the
results of our investigation no later than 7 business days of receipt of your
complaint. If you are not satisfied with the manner in which we have dealt
with your complaint, or the outcome, then you may refer the matter to the
Financial Ombudsman Service, South Quay Plaza, 183 Marsh Wall, London E14 9SR,
Tel No 0800 0234 567, Email:
12.1 Governing law: this Agreement will be governed by English
law and the parties submit to the exclusive jurisdiction of the English Courts.
12.2 No Waiver: The failure of Mustaqbal
Express to exercise or enforce any right or provision of the Terms and
Conditions shall not constitute a waiver of such right or provision.
12.3 Modification: We may modify this Terms and Conditions from
time to time without notice to you, except as may be required by law. You can
review the most current version of the Terms and Conditions at any time by
reviewing this website. You may terminate your use of the Service if you do not
agree with any modification or amendment. If you use the Service after the
effective date of an amendment or modification, you shall be deemed to have
accepted that amendment or modification. You agree that you shall not modify
this Terms and Conditions and acknowledge that any attempts by you to modify
this Terms and Conditions shall be void.
12.4 Entire Agreement: This agreement constitutes the entire
agreement between the parties and supersedes all prior understandings or
agreements relating to the subject matter of this agreement.
12.5 Severability: If any provision of the Terms and Conditions
is found by an arbitrator or court of competent jurisdiction to be invalid, the
parties nevertheless agree that the arbitrator or court should endeavour to give
appropriately valid effect to the intention of the Terms and Conditions as
reflected in the provision, and the other provisions of the Terms and Conditions
shall remain in full force and effect.
12.6 Any external links to third-party websites on the website are
provided as a convenience to you. These sites are not controlled by us in any
way and we are not responsible for the accuracy, completeness, legality or any
other aspect of these other sites including any content provided on them. You
access such websites at your own risk.
We take security very seriously at Mustaqbal, and we work
hard, using state-of-the-art security measures, to make sure that your
information remains secure. The Mustaqbal Service is a safe and
convenient way to send money to friends and family and to other people that you
trust. However, we do advise you to consider very carefully before sending
money to anyone that you do not know well. In particular, you should be very
cautious of deals or offers that seem too good to be true - they may be scams.
If you are aware of anyone or any entity that is using the Service
inappropriately, please email us using our
contact form. Similarly, if
you receive any emails, purporting to be from Mustaqbal, which you
suspect may be "phishing" (fake) emails, please forward them to us using our
Questions, notices, and requests for refunds or further information
should be sent to Mustaqbal, as follows:
by telephone at
by fax at
or by mail at: Mustaqbal, attn: Customer Service, Mustaqbal
EXPRESS Ltd, Building __________________________________________________London,