Terms and Conditions

Posted on August 15, 2023

Ria Financial Services Australia Pty Limited

PLEASE READ CAREFULLY. 

THESE TERMS AND CONDITIONS FORM PART OF THE LEGALLY BINDING AGREEMENT BETWEEN YOU AND RIA FOR MONEY TRANSFER SERVICES.

1. Parties

This Agreement (as defined in Clause 12) is between you and Ria Financial Services Australia Pty Ltd. ("Ria"), whose ABN is 43 114 423 782 and whose registered office is at Level 1, 75 Castlereagh Street, Sydney NSW 2000.

2. Service

2.1 Ria will provide you (“Sender”) with a money transfer service ("Service") through its international network of authorized representatives (“Correspondents") which will enable you to transfer funds ("Transfer") to your chosen recipient ("Beneficiary").

2.2 In order to provide the Service, Ria requires you to place the transfer funds, including any Transfer Fee (as defined below) into Ria’s bank account ("Ria Account") in the manner notified to you by Ria after your registration with Ria for the purposes of the Service.  If this is done in one of Ria’s stores or agencies, then it may be by providing funds at the time of the transaction.  Where the transaction is conducted by telephone or electronic communication, such transactions may be subject to additional terms and conditions and Ria will advise you of the mechanism for payment to Ria

3. Our obligations

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 if we are not prohibited by law from doing so.

3.3 Ria 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 accounts.

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 US 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 availability.

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 Ria 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.

4. Consents

You agree that by placing the transfer funds into the Ria Account you irrevocably consent to the execution of the Transfer transaction.

By providing us with your personal information, such as address, telephone number, mobile number and/or email address, you consent to receiving notices and other communications from Ria via post, telephone, email and/or SMS message, subject to our Privacy Policy which is available at /global/privacy-policy/au.aspx.

You acknowledge that message and data rates may apply to SMS messages. Ria may send notices to you about your Transfer, your use of the Service or for other purposes, such as providing you with details regarding new developments, products, services and special offers. We may use any email address or other personal information you provide to us at any time for this purpose.

However, if you prefer not to be contacted for any of the above-mentioned reasons or via any of the above-mentioned means, you have the option to unsubscribe or opt-out if you so desire.  To stop receiving SMS messages, reply "STOP" to any Ria SMS message received.  To stop receiving email messages, please send an email message to [email protected] with your request. You may also call Ria at 1800 701 488 or e-mail [email protected] for assistance.

5. Transfer Information

5.1 The Transfer will be paid to the Beneficiary in cash, cheque or, where available and if so directed by you, to a bank account held by the Beneficiary ("Account").

5.2 You agree to bear all fees for the Transfer, including any local taxes or service charges that apply to the Transfer in the destination country (“Transfer Fee”).

5.3 While Ria will try to ensure the Transfer is available for collection by the Beneficiary at the selected Correspondent’s location on the date of the transaction and during the hours of operation of the Correspondent, Transfers may be subject to delay due to circumstances outside Ria’s control, such as exceeding account limitations, regulatory requirements, bank holidays or other conditions in the destination country. Accordingly, Ria makes no representation regarding the exact time when the Transfer will be available for collection by the Beneficiary.

5.4 If you have directed delivery to the Beneficiary’s Account, Ria makes no representation as to when the bank maintaining the Account will credit the Account.

5.5. The Transfer does not constitute a deposit held by Ria. Neither you nor the Beneficiary at any time hold a payment or deposit account with Ria.  Ria receives and holds your Transfer funds solely in connection with the Service and effecting the Transfer to your designated Beneficiary.

5.6. You agree to provide Ria with full and accurate information to the best of your knowledge as required for the purposes of the Service. Ria may not complete the Transfer of funds to the Beneficiary without such information. Subject to Clause 9.4, Ria will not be responsible for any delay or wrong payment due to incomplete or incorrect information being provided by you.

5.7 The Transfer may be cancelled by Ria, in its sole discretion, if the Beneficiary does not collect the Transfer from the Correspondent within fifteen (15) days of the date of the Transfer.

5.8 You acknowledge and agree that:

5.8.1 you have obtained the Beneficiary’s consent to providing their personal information to Ria for the purpose of Ria facilitating the Transfer; and

5.8.2 you have either provided the Beneficiary with a copy of the Ria Privacy Policy, or you have provided the Beneficiary with an electronic link to the Privacy Policy.

6. Foreign Exchange

6.1 A Transfer will normally be paid out in the currency of the Beneficiary’s country; however, the option to pay out a Transfer in additional currencies may be available in some destination countries and/or through certain Correspondents. Please inquire as to such options at the time you place your Transfer order with Ria. In such case, you will be asked to select the currency to be paid out to your Beneficiary. In the event that, subsequent to the payment of a Transfer to your Beneficiary in the currency you indicated, the Beneficiary requests Correspondent to convert the payout amount into a different currency, Correspondent may convert the payout amount to such currency, but such foreign exchange transaction shall be separate and apart from the Transfer, and solely between Correspondent and Beneficiary.  Ria shall not bear any responsibility in connection with any fees or obligations which arise from such subsequent and separate foreign exchange transaction.

6.2 In addition to the Transfer Fee applicable to the transaction, in cases where the Beneficiary will receive a currency other than Australian dollars (“AUD”), Ria will convert AUD into the payout currency at Ria’s retail currency exchange rate ("Ria’s Exchange Rate") at the time of the Transfer.

6.3 Any monies arising from the difference (if any) between Ria’s Exchange Rate and the wholesale exchange rate received by Ria will be kept by Ria and/or its Correspondents. 

7. Refund Information

7.1 Unless payment to the Beneficiary has already been made, and to the extent permitted by law, if you request a refund of your Transfer (or your Transfer is cancelled for any reason), Ria will refund you the principal Transfer amount (at Ria’s Exchange Rate at the time of the Transfer) on the condition that you provide Ria with a copy of a valid receipt and present valid identification. A receipt is not valid unless the corresponding transaction is processed through Ria’s computerized system and contains the computer-generated imprint of the Correspondent’s name and address and the correct order number.

7.2 To the extent permitted by law, Ria will not refund the Transfer Fee if the Transfer is stopped or otherwise cancelled at your request.

8. Anti-Money Laundering and Counter-Terrorism Financing

8.1 You must provide all information to Ria which Ria reasonably requires to comply with the Anti-money Laundering and Counter-terrorism Financing Act 2006 (Cth), or to comply with any laws or regulations in Australia or any other country.

8.2 Ria may delay, block or refuse to process any Transfer without incurring any liability or without informing you of the reasons if Ria suspects that you have breached any laws or regulations in Australia or in any other country. 

9. Receipt

Ria will make available a receipt which can, at your election, either be e-mailed to your nominated e-mail address or collected from any Ria agent or store. The receipt will set out: (i) a unique identifier number (to identify the Transfer), (ii) information relating to the Beneficiary, (iii) the amount of the Transfer, (iv) the Transfer Fee for the Service, (v) Ria’s Exchange Rate (where applicable), and (vi) the date of the transaction.

10. Liability and Indemnity

10.1 Nothing in this Agreement (including without limitation this Clause 9) operates to exclude, restrict or modify, or has the effect of excluding, restricting or modifying, any statutory condition, warranty, guarantee, right or remedy implied by law (including the A