This Agreement is between you and Bakaal WorldwidePty Ltd. ("Bakaal"), whose ABN is 43 114 423 782 and whose registered office is at Level 16/144-48 Nicholson St, Footscray VIC 3011.
- 2.1 Bakaal will provide you (“Sender”) with a money transfer service ("Service") through its international network of authorised representatives (“Correspondents") which will enable you to transfer funds ("Transfer") to your chosen recipient ("Beneficiary").
- 2.2 In order to provide the Service, Bakaal requires you to place the transfer funds, including any Transfer Fee (as defined below) into Bakaal’s bank account ("Bakaal Account") in the manner notified to you by Bakaal after your registration with Bakaal for the purposes of the Service. If this is done in one of Bakaal’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 Bakaal will advise you of the mechanism for payment to Bakaal.
You agree that by placing the transfer funds into the Bakaal Account you irrevocably consent to the execution of the Transfer transaction.
You acknowledge that message and data rates may apply to SMS messages. Bakaal 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 Bakaal SMS message received. To stop receiving email messages, please send an email message to firstname.lastname@example.org with your request. You may also call Bakaal at 1300 225 255 or e-mail customerservice@Bakaalmoneytransfer.com.au for assistance.
4. Transfer Information
Bakaal collects your personal information in several ways:
- 4.1. 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") or credit to mobile wallet.
- 4.2. 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”).
- 4.3. While Bakaal 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 Bakaal’s control, such as exceeding account limitations, regulatory requirements, bank holidays or other conditions in the destination country. Accordingly, Bakaal makes no representation regarding the exact time when the Transfer will be available for collection by the Beneficiary.
- 4.4. If you have directed delivery to the Beneficiary’s Account, Bakaal makes no representation as to when the bank maintaining the Account will credit the Account.
- 4.5. The Transfer does not constitute a deposit held by Bakaal. Neither you nor the Beneficiary at any time hold a payment or deposit account with Bakaal. Bakaal receives and holds your Transfer funds solely in connection with the Service and effecting the Transfer to your designated Beneficiary.
- 4.6. You agree to provide Bakaal with full and accurate information to the best of your knowledge as required for the purposes of the Service. Bakaal may not complete the Transfer of funds to the Beneficiary without such information. Subject to Clause 9.4, Bakaal will not be responsible for any delay or wrong payment due to incomplete or incorrect information being provided by you.
- 4.7 The Transfer may be cancelled by Bakaal, 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.
- 4.8 You acknowledge and agree that:
- 4.8.1 you the sender, confirm that you have met the beneficiary in person
- 4.8.2 you have obtained the Beneficiary’s consent to providing their personal information to Bakaal for the purpose of Bakaal facilitating the Transfer; and
5. Foreign Exchange
- 5.1. 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 Bakaal. 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 the Correspondent to convert the payout amount into a different currency, the 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. Bakaal shall not bear any responsibility in connection with any fees or obligations which arise from such subsequent and separate foreign exchange transaction.
- 5.2. In addition to the Transfer Fee applicable to the transaction, in cases where the Beneficiary will receive a currency other than Australian dollars (“AUD”), Bakaal will convert AUD into the payout currency at Bakaal’s retail currency exchange rate ("Bakaal’s Exchange Rate") at the time of the Transfer.
- 5.3. Any monies arising from the difference (if any) between Bakaal’s Exchange Rate and the wholesale exchange rate received by Bakaal will be kept by Bakaal and/or its Correspondents.
We endeavor to use reasonable organizational, technical and administrative safeguards that comply with applicable government laws and regulations to secure your personal information. We also endeavor to restrict information access to our employees, Agents and representatives that need to know it. Despite our efforts, and as you probably know, third parties may unlawfully intercept or access transmissions sent to us or may wrongly instruct you to disclose personal information to them while posing as Bakaal.
Please contact us immediately in accordance with the “CONTACTING US” section, if you have reason to believe your personal information held by Bakaal may be at risk.
6. Refund Information
- 6.1. 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), Bakaal will refund you the principal Transfer amount (at Bakaal’s Exchange Rate at the time of the Transfer) on the condition that you provide Bakaal with a copy of a valid receipt and present valid identification. A receipt is not valid unless the corresponding transaction is processed through Bakaal’s computerised system and contains the computer generated imprint of the Correspondent’s name and address and the correct order number.
- 6.2. To the extent permitted by law, Bakaal will not refund the Transfer Fee if the Transfer is stopped or otherwise cancelled at your request.
7. Anti-Money Laundering and Counter-Terrorism Financing
Bakaal utilizes the personal information it collects to:
- 7.1. You must provide all information reasonably required by Bakaal 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.
- 7.2. Bakaal may delay, block or refuse to process any Transfer without incurring any liability or without informing you of the reasons if Bakaal suspects that you have breached any laws or regulations in Australia or in any other country.
Bakaal will make available a receipt which can, at your election, either be e-mailed to your nominated e-mail address or printed at the time of processing your transaction.
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) Bakaal’s Exchange Rate (where applicable), and
- (vi) the date of the transaction.
9. Liability and Indemnity
- 9.1. 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 Australian Consumer Law) and which cannot be excluded, restricted or modified.
- 9.2. If Bakaal fails to comply with a statutory guarantee which by law may not be excluded, then to the extent the law permits Bakaal to limit its liability in respect of such failure, subject to Clause Bakaal’s liability is limited to:
- 9.2.1 the re-transfer of the principal Transfer amount; or
- 9.2.2 the payment of the cost of re-transferring the principal Transfer amount.
- 9.3. The liability of Bakaal excludes, to the extent that any loss or damage suffered by you is attributable to fault or negligence on your part or on the part of any person for whom you are responsible, such loss or damage. If you provide Bakaal with incorrect information in the form regarding the Beneficiary, Bakaal will not be liable for the non-execution or the defective execution of the Transfer. However, Bakaal will make all reasonable efforts to recover the Transfer. Bakaal may charge you for the recovery of the Transfer.
- 9.4. Except as provided below, Bakaal shall not be liable for any amount in excess of the amount equal to the principal Transfer amount and the Transfer Fee paid by you. Bakaal accepts no liability for service delays or any failure to perform the transaction in accordance with your instructions if these are due to local regulations or circumstances outside Bakaal’s control. Bakaal will not be liable for any indirect or consequential loss. Bakaal will not be responsible for goods and services that may be paid for by a Transfer.
- 9.5. Nothing in this Clause 9 will limit Bakaal’s liability for:
- (i) death or personal injury from its negligence; or
- (ii) fraud committed by Bakaal.
- 9.6 You agree to indemnify and hold Bakaal harmless from and against any loss, damage, cost, claim or liability (including direct and consequential losses such as loss of profits) incurred by Bakaal:
- 9.6.1 arising from or as a result of your breach of this Agreement;
- 9.6.2 arising from or as a result of any misdescription in the Transfer form;
- 9.6.3 arising from or as a result of payment to a person whom Bakaal reasonably believes to be the Beneficiary;
- 9.6.4 in relation to the person you have nominated as the Beneficiary;
- 9.6.5 arising from or as a result of Bakaal’s cancellation of a Transfer pursuant to your instructions; or
- 9.6.6 arising from or as a result of Bakaal’s cancellation of a Transfer in accordance with Clause 7.2.
- 9.10 Once the funds are transferred to the Beneficiary, the transfer of the funds is final and irrevocable. However, if Bakaal is unable to remit the funds to the Beneficiary, as the Beneficiary cannot be located or does not otherwise present himself/herself at the Correspondent to collect the funds, and to the extent permitted by law, Bakaal will refund the Transfer funds less the Transfer Fee to you.
- 9.7 You agree to indemnify, defend and hold Bakaal harmless, its officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages and costs, including reasonable lawyer fees, resulting from any violation of this Agreement by you.
- 9.8 You also agree to indemnify us against any claims that information or material which you have submitted to us is in violation of any law or in breach of any third party rights but not limited to, claims in respect of defamation, invasion of privacy, breach of confidence, infringement of copyright or infringement of any other intellectual property right).
- 9.9 If you provide incorrect information about the Beneficiary and the funds are deposited to an account which is not the Beneficiary’s Account, Bakaal shall not be liable for any resulting loss.
10. Privacy Compliance, Identity Verification and Consents
- 10.2. You warrant to Bakaal that you have full authority and consent to providing the Beneficiary’s details to us and our Correspondents in connection with the Transfer.
- 10.3 In transacting with Bakaal, you authorise the disclosure of your personal information to and verification of your identity by Equifax in accordance with the terms set out below:
You understand that:
- The verification Portal is operated by Equifax (ABN 26 000 602 862)and that Equifax is responsible for the portal;
- Equifax is a credit reporting body that will verify your identity against personal information held by Equifax;
- Equifax will disclose your personal information to the Document Verification Service (dvs.org.au) for the purposes of verifying your identity;
- Your personal information entered into this portal and the verification results will be used by Equifax to prepare a report for Bakaal (ABN 31 118 826 985) to assist in meeting its obligation to identify and verify its customers pursuant to the AML/CTF Act 2006 (Cth);
- 10.4 In addition to the method for verifying your identity described in Clause 10.3, you may also elect to have your identity verified by the following methods:
- (i) In person verification: You may visit any one of our Bakaal retail store/agent locations in Australia and present your government photo-issued identification to a Bakaal team member/registered Agent who will undertake the verification process. In doing so you are consenting your identification document being scanned and uploaded to Bakaal system by a Bakaal team member/registered Agent for verification of your identity purposes.
- (ii) Remote verification: If you are unable to visit a Bakaal retail/Bakaal Agent location due to distance, you may provide us with a certification from a Justice of the Peace stating that your identification has been verified against the original. Such certification should be provided to Bakaal via post to the following address: Bakaal Customer Service Manager c/o Bakaal Worldwide Pty Ltd, 16/144-148 Nicholson Street, Footscray, VIC 3011.
- 10.5 Acknowledgment of express, informed and genuine consent as set out in section 35A (2) of the AML/CTF Act, prior to making a verification request:
(i) You actively agree to Bakaal verifying your identity against the personal information contained in the credit information files held by a CRA for an assessment.
Bakaal will only use the assessment by the reporting entity for the purpose of verifying your identity for the purposes of the AML/CTF Act and by the Document Verification Service (DVS) through Equifax.
You specifically consent to the disclosure of your personal information by Bakaal to Equifax and the use by Equifax of your personal information for the purposes of electronic verification of your identity as stated by the AML/CTF Act.
To ensure that your consent is genuine as per paragraph 35A (2) (c), Bakaal offers another option, not reliant upon Equifax information, for verifying your identity as follows:
By contacting the COMPLIANCE DEPARTMENT BAKAAL AUSTRALIA Office TELEPHONE NUMBER: (+61) 1300 225 255
(ii) As set out in section 35C of the AML/CTF Act Bakaal agrees to notify the Applicant in writing.
In the event of failure to verify your identity through Equifax the result must be recorded in writing.
The record must contain:
1. The name of the CRA to which the request was made
2. The personal information provided to the CRA
3. The assessment received
- 11.1. If you need to make a complaint relating to the Service, please contact Bakaal’s Customer Services by telephone, post or email as set out in Clause 16.
- 11.2. If Bakaal is unable to resolve your complaint, you may also complain to the Financial Ombudsman Service by post addressing your complaint to the Financial Ombudsman Service, GPO Box 3, Melbourne, VictoBakaal 3001 or lodging online at the Financial Ombudsman Service’s website http://www.fos.org.au/.
- 11.4 Non-authorized third parties using Customers profiles: Bakaal will not be liable for any complaint arising from customers sharing their credentials with non-authorized third parties as this constitutes a breach of Bakaal Financial Services Terms and Conditions
12. Entire AgreementS
You agree that our agreement includes only these terms and conditions and the transfer form (collectively the "Agreement") and this is the entire agreement and understanding between you and Bakaal and supersedes and terminates any prior agreement between you and Bakaal.
13. Rights of Third Parties
A person who is not a party to the Agreement will not have any rights to enforce any provision of the Agreement other than at law.
In the event any provision (or part provision) of the Agreement is held by any court or authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed not to form part of the Agreement and the validity and enforceability of the other provisions of the Agreement will not be affected.
15. Language, Governing Law & Jurisdiction
- 15.1. Where Bakaal at its discretion provides you with a translation of the English version of any part of the Agreement, you agree that the translation is only for your convenience and does not form part of the Agreement. The English version of the Agreement will govern the provision of the Service by Bakaal to you.
- 15.2. The Agreement is to be construed in accordance with the law of Australia and any dispute with respect to the Agreement is to be subject to the exclusive jurisdiction of the Australian courts.
16. Contact Us
- 16.1. Bakaal’s Customer Services may be contacted by telephone on 1300 225 255 or via email at email@example.com. If you wish to contact us via post, you may write to us at 16/144-148 Nicholson Street, Footscray, VIC, 3011.
- 16.2. You may contact Bakaal’s Customer Services for the addresses and hours of operation of the Correspondents’ locations in the Beneficiary’s area.
- 17.1 Any notice given or made under this Agreement may be sent by email if:
- 17.1.1 the notice is sent to the email address last notified by the intended recipient to the sender; and
- 17.2.1 the sender keeps an electronic or printed copy of the notice sent.
- 17.2 A notice sent by email will be deemed to have been given on the first to occur of:
- 17.2.1 receipt by the sender of an email acknowledgement from the recipient’s information system showing that the notice has been delivered to the email address stated above;
- 17.2.2 the time that the notice enters an information system which is under the control of the recipient; or
- 17.2.3 the time that the notice is first opened or read by an employee or officer of the recipient.
- 18.1 This Agreement may be terminated immediately by you or Bakaal by notice to the other. However, termination by either party shall not affect any Transfer or other transaction previously entered into and shall not relieve either party of any outstanding obligations arising out of this Agreement, nor shall it relieve you of any obligations arising out of any Transfer entered into prior to such termination.
- 18.2 In the event that Bakaal is made aware of or has reason to believe any of the following:
- 18.2.1 that you have provided false or misleading information to Bakaal; or
- 18.2.2 that you have participated or are participating or have assisted or are assisting in money laundering or terrorist financing; or
- 18.2.3 that you are being officially investigated by law enforcement and/or regulatory agencies; or
- 18.2.4 that you have contravened any laws, then Bakaal, at its sole discretion, may terminate this Agreement immediately by notice to you, to the extent notice is permitted under applicable laws, and Bakaal shall be relieved of any obligations set out in this Agreement or arising out of the transactions contemplated by the Agreement between the parties.
- 19.1 Bakaal may make modifications, alterations, changes or variations to any term of this Agreement, by update the agreement on our website www.bakaal.com.au/tc. Any modification or change to this Agreement will take effect immediately after we publish it. You may not make any changes or modifications to this Agreement.