2. Registration and User’s data
2.1. In order to use the Website, one is required to create a user account and provide personal details, including without limitation, full name, sex, citizenship, date of birth, occupation, address, ID number, telephone number, email address and a copy of ID documents. The User will also be required to select a username and a password. Upon completion of the registration process, the User should verify that the data he provided are complete and correct.
2.2. The User must safeguard the username and password, not to transfer them to any other person or entity and to use his user account by himself and for his own purposes. The User is also required to inform the Company of any unauthorized use of his user account by sending an email to email@example.com or by phone to 03-3722800 as soon as he becomes aware of it.
2.3. The User agrees that the Company may take various measures in order to verify his identity and the authenticity of the details he provided, by requesting the User to provide any data and/or in any other way, whether by itself or through third parties.
3. Use of the Website.
3.1. The User agrees and undertakes not to make the following use of the Website and/or through the Website:
3.1.1. Any use that contradicts the provisions of the law, public policy, unreasonable use of the services offered on the Website and/or a use that contradicts in any other way the provisions of the law regarding prohibition of money laundering and financing of terrorism;
3.1.2. Not to carry out actions that may cause unreasonable overload of the Website.
3.1.3. Not to activate, viruses, trojan horses, worms and/or any other software on the Website.
3.1.4. Not to use any means that monitors, duplicates and/or documents the Website, the activity carried out through the Website and/or information presented therein;
3.1.5. Not to use the Website in any way that may damage it and/or its underlying data sets;
3.1.6. Not to write any notice, data or any other content that is illegal, breaches an obligation towards any third party, harmful, threatening, harassing and/or infringes on any other right of any third party and/or might violate his privacy.
3.1.7. Not to impersonate a person and/or any other entity including not to provide false, inaccurate or incomplete data while using the Website, including during the course of registration.
3.1.8.Not to use the Website and/or carry out actions in a manner than might harm the Website, make it inaccessible or cause an overload or damage to the Website, its communication networks or its database or interrupt the use of the Website by any other User or entity.
3.1.9.Not to attempt in any way gaining unauthorized access to the Website, contents or accounts of other Users or to computer systems, databases, or networks that are connected to the Website.
3.1.10. Not to collect, download, save or copy lists of users or other information regarding users, and not to use this information or to transfer it to any third party.
3.1.11. Not to breach the provisions of any law, whether directly or indirectly.
3.3. The use of the Website is personal and private and the User must safeguard the username and password and the specific code issued for the purpose of executing a Transaction. Disclosing the username, the password and/or the code to another person, except in the case of disclosing the code to the recipient of a transfer (in case of transfer of funds), even if not used for commercial purposes, is absolutely forbidden and may expose the users to sanctions and proceedings by the Company the authorities and/or any third party. It is hereby clarified that failure to safeguard of the passwords and/or the code and/or the device that was used to access the Website might result with the theft of the User’s identity and/or execution of Transactions in his name and/or transfer of funds to various entities, and the Company shall not be liable to any damage arising therefrom.
4. Continuity of the services and making changes
4.1. The Company does not guarantee that the Website and/or the services offered through the Website will operate continuously without interruption, disruptions and/or faults.
4.2. The Company may discontinue, cancel or change some or all of the services, and discontinue the activation of some or all of the Website, at any given time, without giving advance notice and at its sole discretion.
4.3. Without derogating from the aforesaid in sections 10 and 11 above, the Company may suspend and/or cancel the registration of a User and/or refuse to allow him access to the Website and/or to any services offered therein, without giving advance notice and without being obliged to give its reasons for such suspension, cancellation and/or refusal.
4.4. The Company may make any change to the contents, information and services offered on the Website, at any time, without giving advance notice and at its sole discretion. If the service is discontinued, the Company shall not be liable to any damages caused to the User or to any third party.
5. Execution of Transactions
5.1. By using the Website and by executing a Transaction, the User agrees and warrants as follows:
5.1.1.That he is at least 18 years of age and possesses legal capacity, has a valid ID document (an ID card or a passport).
5.1.2.Where the Transaction is executed by using a credit card, the credit card was issued by an Israeli credit card company and linked to an Israeli bank account.
5.1.3. The amount of Transactions that may be executed using a credit card will be restricted.
5.1.4. He undertakes not to disavow a Transaction once it has been executed.
5.1.5. The funds that are used to execute the Transaction are his funds and he received them lawfully and they are not related to the committing of an offense against the laws of the State of Israel and/or any other country.
5.1.6. He meets the conditions that were set in law for the execution of a Transaction, including with respect to taxation and money laundering, and he understands that his approval of the same constitutes a condition for the execution of the Transaction and that a false statement may lead to sanctions against him as permitted by law.
5.1.7. The approval of the credit company is a condition for the execution of a Transaction against a credit card payment, and the User shall have no claims against the Company in case that such approval is not obtained for any reason on the date set by the Company and as a result of that a Transaction will not be executed by the Company.
5.1.8. Receipt of the payment by a representative or a franchiser of the Company or the completion of the execution of a bank transfer into the Company’s account (where payment is made in such methods) is a condition for the execution of the Transaction, and the User shall have no claim against the Company in case that the payment was not received in such a manner for any reason on the date set by the Company and as a result of that a Transaction will not be executed.
5.1.9. That he checked the details of the beneficiary, the transferred amount and all other details pertaining to the execution of the Transaction and verified that they are complete and correct, and he is aware that the Company does not undertake to repay the transferred amount in case that those details are incorrect and that where it will be possible to cancel the Transaction and repay the transfer amount the cancellation shall be subject to commission.
5.1.10.He undertakes to transfer to the Company the amount of the transfer, the commissions and any other payment in respect of the services and/or the Transactions even if the Transaction was approved and executed prior to the transfer of the amounts as aforesaid.
5.2. The User may be required to provide further data and/or fill out a “Know Your Customer” form, pursuant to the provisions of the law and/or at the discretion of the Company. The User’s refusal to provide such additional data may cause the Company to refuse or cancel that Transaction and the User will be prohibited from making any claims against the Company.
5.3. The Company may limit, at its sole discretion, the Transactions, the amount of Transactions and/or the type of Transactions that the User will carry out, including in respect of the amounts, the target countries, the identity of the recipient of the funds, the transferor, etc.
5.4. For the avoidance of doubt, it is hereby clarified that the Company is unable to check and examine that the Transaction was executed lawfully, and the responsibility for the execution thereof shall lie with the User and only with the User, and it is the User’s duty to check and examine each Transaction before it is executed, including the consequences of each Transaction pursuant to any law.
6.1. The Cost of the Transaction shall be as specified on the Website, including with respect to the exchange rate where the User wishes to execute a transfer of funds in a currency that is different than the transferred currency, and including with respect to the commission that will be paid to the Company.
6.2. The exchange rates and the amounts of the commissions shall be set at the sole discretion of the Company. The Company does not undertake that the exchange rates or the amount of the commission will be at a certain amount, a certain percentage or dependent on market prices or a certain bank, including the Bank of Israel. The User represents and warrants that he checked the market prices before the execution of the Transaction and he shall have no claims against the Company in connection therewith after the execution thereof..
6.3. Where the payment was set after the execution of the Transaction, the amount payable may change due to changes in the exchange rate. In such a case, the payment that will apply to the User shall be determined in accordance with the updated exchange rate.
6.4. The Company is a financial institution recognized for VAT purposes.
6.5. In case of an error in the exchange rate or the amount of the commission that will be revealed to the Company after the execution of the Transaction by the User, the Company may inform the User about the error and the User may cancel the Transaction without any additional cost, or alternatively, approve the execution of the Transaction according to the amended price that will be presented to him.
6.6. Except as described in section 22 above, the User will not be able to cancel a Transaction after the execution thereof. Therefore, before he executes the Transaction, the User must verify that he considered and checked all aspects thereof.
6.7. For the avoidance of doubt, it is hereby clarified that the question of whether an error has occurred or not will be determined exclusively by the Company and the User shall have no claims against the Company in connection therewith, and he waives any claim and/or demand against the Company, except with regard to the option of cancelling the Transaction at no cost.
6.8. As part of checking the Transaction, the Company will be allowed to check details about the User and the recipient of the funds or the sender of the funds, including through databases of the Company and of third parties. These details shall include both personal data and data relating to the User’s Transaction execution history, and the User agrees to such checks and shall have no claims in connection therewith.
6.9. It is hereby clarified that there is a possibility that the amount actually received by the beneficiary shall change due to conversion and/or correspondent commission and/or commission applied by the recipient of the transfer. The User declares and agrees that the amount received by the beneficiary will be lower than the amount transferred to him, and that he will have no claims against the Company in connection therewith. The Company undertakes only to execute the transfer of the amount it has undertaken to transfer and cannot guarantee the amount that will actually be received by the beneficiary. Where it will be possible to do so, the Company will give the User the transfer amount which will be an estimated amount and it is unable to note the exact amount that will be received by the beneficiary.
6.10 Cash Now service:
6.10.1 Joining the Cash Now service requires filling out a business details form and completing the “Know Your Customer” process. Also presenting various documents according to the company’s procedures.
6.10.2 Money transfers within the “Cash Now” service will be made in shekels, to an Israeli bank account only.
6.10.3 Money transfers within the “Cash Now” will be made to business accounts only, and not to any other third party account.
6.10.4 The Company reserves the right not to provide the “Cash Now” service to any business and/or to terminate the service at any time.
6.10.5 The maximum cash transfer amounts in the “Cash Now” service are at the sole discretion of the Company and may change from time to time, without notice.
6.10.6 The business account will be credited within 2 business days from the date of execution of the transaction.
7. Preventing fraud and embezzlements
7.1. The Company and its activity are subject, among other things, to a duty to prevent fraud and embezzlements pursuant to the provisions of Israeli law and the provisions of foreign laws to which it is subject by virtue of agreements with third parties and their manner of operation.
7.2. The User is therefore warned about fraud before the execution of a Transaction on the Website, including when using the username, the password and the code to the Website and including when transferring the transfer code to the recipient of the transfer. The User should act to prevent the possibility that he will be a victim of a fraud. Among other things, before the execution of the Transaction, the User is required to check and verify all the details related thereto, and if the answer to any of the following questions is ‘yes’ then he should not execute the Transaction:
7.2.1. Is the transfer made to someone that the User does not know or to someone whose identity cannot be verified?
7.2.2. Is the transfer of funds being executed in order to prove to any entity that the User has the economic resources to purchase a vehicle or other goods, or alternatively in order to rent an asset?
7.2.3. Has the User been asked by a third party to provide some or full details regarding the transfer of funds, by phone, email fax or a website?
7.2.4. Is the transfer of funds executed in order to purchase goods, services or a pet through the internet or in any other way in return for an offer that is much lower than the market prices or that sounds “too good to be true”?
7.2.5. Is the transfer of funds executed in order to claim a lottery or award winnings, in order to receive inheritance funds or in order to receive a prepaid credit card, or in order to receive a loan offer, refund of bank fees or attractive investments.
7.2.6. Is the transfer of funds carried out in response to an offer made via the internet, a letter or a phone call, in which the User has been asked to transfer funds for a “job offer” working as a “mystery shopper” or for “charitable” purposes?
7.2.7. Is the transfer of funds executed for someone in the User’s country or abroad, who claims that he is a relative of the User who needs cash due to an “emergency” and the User cannot verify independently the identity of that person and the sincerity of his claims?
7.2.8. Is the transfer of funds carried out for a someone whom the User contacted through an online chat or a dating website, for the purpose of providing financial support, such as: buying a flight ticket, medical bills, assisting a relative, check payment, investment in a business opportunity, etc.?
7.2.9. Is the transfer of funds carried out in order to purchase goods and services from someone who has specifically recommended using the Website as the preferred means of payment?
7.3. If the User’s reply to any of the above questions is ‘yes’, he should consider and even avoid from transferring the funds, since someone may be trying to steal the User’s money.
7.4. The Company and third parties who are involved in the Transaction shall bear no liability whatsoever if the User chooses to ignore the above warnings against fraud and nevertheless transfers funds for any of the purposes listed above.
8. Non-withholding of tax
8.1. The User asks that tax will not be withheld from the transfer amount and represents and warrants as follows:
8.1.1. The User declares and warrants that the transfer amount is not subject to tax withholding pursuant to exemptions prescribed by law.
8.1.2. The purpose of the payment is a gift and/or support to an immediate relative (as defined in Section 88 to the Income Tax Ordinance [New Version] and it does not constitute an income earned by the recipient.
9. Changes to the Website
9.1. The list of target countries into which funds can be transferred changes from time to time, at the sole discretion of the Company and subject to the provisions of the law.
9.2. The User shall have no claim, demand and/or lawsuit in connection with the changes listed in sections 31 and 32 above or in connection with disruptions, difficulties and/or malfunctions that will occur during and/or as a result of the implementation of such changes.
9.3. The Company does not undertake to maintain backups to the Website and/or information published on the Website, if any, and it may delete data from the Website without giving advance notice or obtaining the User’s consent.
11. Intellectual property
11.1. All intellectual property rights, including copyrights, designs, trademarks, regardless of whether they are registered or not, the Website, the software, the designs, photos, illustrations, sounds and all other content, including the manner of their presentation (hereafter – “the Website Content”) are owned solely by the Company and no use will be made thereof except for a regular and reasonable use on the Website.
11.2. Copying, redistributing, broadcasting, publishing, presenting in public, delivering to third parties, creating derivative work, storing part or all of the Website Content in any way whatsoever (temporarily or permanently), or making any commercial or non-commercial use of the Website Contents is prohibited and no changes should be made thereto.
11.3. A User’s delivery of information for publication on the Website, through the Website or in any other way that is related to the Website, constitutes a declaration and approval of the User that he is the owner of all the proprietary rights required for the publication of the information and that no legal and/or any other restrictions apply to the publication thereof and/or to the granting of permission for the use thereof by the Company and/or anyone acting on its behalf and/or a third party.
12. Liability and indemnification
12.1. The use of the Website is offered to the User “AS IS” and the Website will be used at the User’s sole risk.
12.2. Since the execution of a Transaction is dependent on third parties and computer systems and is subject to the provisions of Israeli and International law, a Transaction may not be executed or there may be a delay in the execution of the Transaction. The Company shall not be held liable to any direct or indirect damage that will be caused to the User or a third party as a result of non-execution of the Transaction or due to delay in the execution thereof.
12.3. In any case, the Company’s liability shall be limited, at the very most, to the amount of the commission collected due to non-performance of a Transaction and to the amount of that Transaction, where such amount was transferred to the Company but was not transferred to the recipient whose details were provided by the User.
12.4. The Company, its related companies and anyone acting on their behalf, including their employees, managers, advisors, representatives, subcontractors, agents, shareholders and suppliers shall not be liable, in any way whatsoever and under no circumstances, for any damage whatsoever, whether direct or indirect, that will be caused to the User and/or a third party due to the use of the Website in general, the execution of a Transaction due to reliance on any specific information and/or any service, material, product, software and any other publication included therein.
12.6. The Company may retain and/or offset funds that will be transferred to and/or by any user due to a debt and/or any liability towards the Company and/or anyone acting on its behalf, including in cases where the date of repayment of the debt and/or the liability falls after the date on which such funds were retained and/or offset.
12.7. The Company bears no responsibility and shall not be held liable to any threatening, defamatory, obscene, abusive, or illegal content and/or behavior of any other entity, or to any breach of right of another entity, including intellectual property rights, nor will the Company be held liable to any content that is sent through the Website and/or posted on the Website by any third party.
12.8. The Company bears no responsibility for the correctness of the information and/or the advertisements and/or the commercial information that is published on the Website and/or its quality and/or validity and/or completeness and/or accuracy and/or its adequacy for any purpose whatsoever, nor will the Company be held liable, under any circumstances whatsoever, for any direct or indirect, monetary or other damage that will be caused to the User as a result of using the Website, relying on information included therein or in external websites.
12.9. The Website contains links to sources of information and/or resources that are provided by third parties. These links may change from time to time at the discretion of the Company. The publication of those links on the Website should not be construed as expressed or implied support, sponsorship or other obligation of the Company with regard to those sources of information and/or resources.
12.10. The Company does not guarantee that all links within the Website will function properly and will lead to an active website. The publication on the Website of a link to a certain website does not constitute an obligation that the content of the linked website will be reliable, complete or up to date and the Company shall not be held liable in connection therewith, including where the links lead to websites that include unlawful, immoral and/or offensive uses.
13.4.The competent courts of Tel Aviv Jaffa shall have the sole jurisdiction to discuss any dispute relating to this Website, the use thereof, or arising therefrom and they will discuss those disputes pursuant to the laws of the State of Israel.
14. Contact and queries
. (hereafter – “the Company”) uses the information and data of any entity or person who are using the website and/or the application (hereafter jointly: “the User” and “the Website”), the manner in which the User’s data and information are saved and the user’s rights with regards to that matter.
2. Using the User’s information and data
2.1. The Company may use the User’s data and information provided to it by the User, including data regarding the purchase of services, currency conversion, transfer of funds in Israel and abroad (hereafter – “a Transaction”), and to transfer this information to Israeli or foreign third parties, through whom the Company provides the services and carries out the Transactions.
2.2. The Company may report the execution of a Transaction and/or action and provide the User’s data to the government authorities and/or to third parties, and the relevant government authorities in the countries in which these third parties are and/or subject to. Reporting will be carried out in accordance with the provisions of the Law and at the sole discretion of the Company, and the User shall have no claims against the Company in connection therewith.
2.3. The Company may use the data provided by the User during his registration and use of the Website, including when executing transactions, for the purpose of analysis and provision of statistical data that does not allow User identification to third parties, including advertisers. The Company also reserves the right to collect data regarding the patterns of use of the Website and the network and to use such data in order to improve the services on the Website, its operation and its contents, and also for the purpose of delivering to the User marketing and/or other notices and updates, customizing the Website to the User himself or to all users.
2.4. The Company will be entitled to take various measures to verify the User’s identity and to verify the accuracy of the data he provided, by requesting the User to provide any data and/or in any other way, whether by itself or through third parties, and the User gives his irrevocable consent for the same.
2.5. As part of examining the Transaction, the Company shall be entitled to check any data, including personal data and data regarding previous transactions that were carried out by the User, the entity sending the funds and the beneficiary, including through databases of the Company and third parties, and credit card details provided by the User, and the User gives his consent to such checks, in his name, in the name of the entity sending the funds and in the name of the beneficiary, and they will have no claims in connection therewith.
2.6. The Website uses cookie files, through which User data is saved on his personal computer and/or on any other device he uses to access the Website, and the use of the website and surfing on the Website constitute consent to such use. The User may prevent the use of the cookie files through the settings of the browser he uses to access the Website, but this might make some of the services offered on the Website and/or some of the Website’s features unavailable and impair the User’s experience.
2.9. The Company reserves the right to use the User’s data, including passing them on and/or disclosing them, in accordance with the law, and including in the following cases:
2.9.1. If the User and/or anyone acting on his behalf made illegal use of the Website, the services offered by the Company and/or in any manner related with the Company and/or the Website;
2.9.2. As part of legal procedures between you and the Company and/or anyone acting on its behalf;
2.9.3. Pursuant to an order or instruction of a competent authority.
3. Transfer abroad of User’s data and information
3.1. The Company may transfer to third parties located abroad data and information which the User will provide the Company when: (1) the third parties have undertaken towards the Company to comply with the conditions that apply to holding and using the data in Israel, with the required changes; (2) Israeli law requires this transfer of the information; (3) the information is transferred to third parties in a country which is a party to the European Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data or in a country which receives information from member states of the European Community, under the same terms of acceptance; (4) the information is transferred to third parties in a country in respect of which the Registrar of Databases announced that it has a privacy protection authority which is engaged in a collaboration agreement with the Registrar of Databases.
3.2. Without derogating from the aforesaid in section 12 above, the execution of a Transaction for the transfer of funds to a beneficiary constitutes the consent of the User to transfer data about him and information he will provide to the Company to the country in which such beneficiary is located.
4. Direct mailing
4.1. Registration to the Website constitutes the User’s approval and consent to be included in the Company’s customer list and to receive from the Company notices and updates regarding the Company, the Website and the services it offers, by means of emails, telephone messages and/or messaging applications and any other way.
4.2. The User may request the Company to remove his name from the customer list and not to receive such messages and updates and the Company will do so within a reasonable amount of time. For the avoidance of doubt, it is hereby clarified that in such a case the Company may delete the User’s account.
5. Perusal right, amendment and deletion of information
5.1. The User may peruse the information about him that is saved by the Company. A User who wishes to peruse such information shall apply in writing to do so; the Bank will allow each User whose information has been saved to request perusal of such information. A User who wishes to peruse such information shall post such a written application to the Company’s offices or by email to firstname.lastname@example.org.
5.2. A User who perused information about him that is saved by the Company and found it to be incorrect, incomplete, inaccurate or not up to date, may request the Company to amend or delete the information by posting a written request to the Company’s offices or by email to email@example.com.
For the avoidance of doubt, it is hereby clarified that the receipt of a request to amend or delete of such information does not obligate the Company to act in accordance with the User’s request.
6. Safeguarding the User’s data and information
6.1. The Company uses reasonable safeguards in order to maintain, to the extent possible, the User’s data and the confidentiality of the information he provided to the Company.
6.2. Despite what is said in section 16 above, the User hereby declares and agrees that the Company cannot ensure absolute immunity from unauthorized access to the Website and/or unauthorized use by third parties of the User’s data and information about the User that is saved by the Company, and the Company will bear no responsibility to any damage that may be caused due to such unauthorized access and/or use.
8. Contact and queries