Terms & Conditions

Welcome to Khyber Exchange & Travel Ltd (trading as Khyber FX), where transferring money is easy and reliable.

These terms and conditions are between you (being the person clicking on the "I agree" button) and Khyber Exchange & Travel Ltd ("us" or "we"). The terms in your send money receipt are also part of these terms and conditions.

Please understand that use of our Services is conditional on your registration and your acceptance of these terms and conditions.

1. Key Definitions

Prohibited Purpose: Any unlawful purpose; the purpose of making or receiving payment for gambling services, gambling chips or gambling credits; the purpose of making or receiving payment for banking or other financial services.

Recipient: The person identified as the beneficiary of a money transfer (whether that money transfer is initiated by a Sender using the Service or by a person using another money transmission service).

Sender: The person who initiates the carrying out of a money transfer by using the Service.

Transaction: (i) Each money transfer that You initiate using the Services; and (ii) each other use that You make of the Service.

Service: Any or all of the services for money transfer which are made available by us.

Site: The website www.khyberfx.co.uk operated by Khyber FX to provide online money transmission services and related information facilities.

MTN: The unique transaction number which will be issued to You as transfer number and which the recipient will be required to provide to authorise us or our agents to make payment to the recipient.

2. Your Status and Access Rights

By using our services and placing a money transfer order using our system, you warrant that you are legally capable of entering into binding contracts.

We May Terminate Your Access If:

• You attempt to transfer or charge funds from an account that does not belong to you or from an account which does not have sufficient available funds or has expired.
• You attempt to tamper, hack, modify or otherwise corrupt the security or functionality of our system.
• We receive conflicting claims regarding ownership of, or the right to withdraw funds from a debit or credit card account.
• You have breached a term or condition of these terms and conditions.
• We determine that your profile is inactive.

We may without liability to you, terminate or suspend your access to our services at any time and for any reason by giving you 30 days prior notice.

3. Information We Provide Before Processing a Transaction

Before we process your transaction, we will provide you with:

• The payout amount the beneficiary will receive as well as the maximum total fee that the Sender will be charged by us.
• An indication of the exchange rate that we will apply to your transaction.
• Information on where the person should collect the money from and what they have to do if the money transfer is provided in cash.
• An indication of the time it will take for the funds to be made available to the person to whom you are sending the money.
• Information relating to the ways in which you can contact us, should need be.

4. How the Contract is Formed

After placing a money transfer order over the counter you will get a receipt and after order using the online bank transfer facility, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted.

Your order constitutes an offer to us to buy one of our services. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that we are processing your service request (the "Confirmation"). The contract between us will only be formed when we send you the Confirmation.

We Will Not Perform Services If:

• We are unable to obtain satisfactory evidence of your identity.
• We have reason to believe that your communication with us is incorrect, incomplete, unauthorised or forged.
• You provide us with false, incorrect or incomplete information.
• Your send order is not given to us sufficiently in advance to allow us to process the Transaction in accordance with your request.
• You are unable to comply with any regulatory or governmental authority requirements notified to us.
• By doing so we may break any law, regulation, code or other duty that applies to us.
• By doing so we may expose us to action from any government or regulator.

5. Your Responsibilities and Obligations

You agree to:

• Pay our fees (charges and commission as applicable) for each Service we provide to you.
• Register with us and provide all the details we require, including details relating to your identity and proof of address.
• Promptly supply us with all information and documentation which we may ask you for at any time.
• Communicate with us and provide us with instructions in the English language.
• Provide true, accurate, current and complete information when you register or submit a send order.
• Maintain and promptly update all information you provide to us.
• Not use the Service for or in connection with any Prohibited Purpose.
• Keep your MTN secure - you are solely responsible for keeping your MTN secure.

You understand that we are obliged to keep all information in our database for up to 5 years.

You understand that all currency converted pursuant to the Service is converted using our rate of exchange.

Recipient Collection Requirements

To authorise payment to a Recipient, the Recipient must provide us or our pay-out agent with:

• Photographic identification (such as a passport or identity card)
• The exact amount of the principal amount of the send order
• The MTN relating to the send order

6. Your Cancellation Rights

You have the right to cancel orders before payment has been made to the Recipient. You may exercise this right by telephoning or e-mailing us.

Important Notes About Cancellations:

• We will only reimburse you any money paid by you and intended for a Recipient if we or our partners have not already paid the money to the Recipient.
• We will not reimburse you the charges and/or commissions applied by us and paid by you to effect the money transfer. Reimbursement cannot exceed 10% of the total value of the payment including commission.
• We cannot at any point guarantee that the cancellation request will result in the actual cancellation of the order, given that the cancellation procedures with our partners differ in length and complexity.
• If you have correctly followed our processes and we do not transfer the money to the Recipient within 45 days of receiving your instructions, you may ask for a refund.
• If the Recipient does not collect the money within 13 months from the date of transfer, all rights of cancellation or refund are deemed waived by You.
• You will not have any right to cancel if we have effected the money transfer and the Recipient has collected the money.
• In case your order is cancelled we hold the right to keep the fee.
• Your order expires after 1 month. If your order has not been picked up or requires a correction, we hold the right to cancel your order without prior notice to you.

7. When Your Money Transfer Will Be Completed

Transfers to certain destinations may be subject to delay or to restrictions imposed under the laws of the country to which the money is transferred.

8. Payment and Fees

The price for the Services consist of (i) FX Spread and (ii) Fee Commission.

Our prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you the Confirmation.

Debit Card Payments:

• If paying by debit card, your debit card will be charged as soon as we accept your request for the transfer.
• When paying by debit card and your order is refused by the system, we will not debit the money from your account. However, your bank may hold the amount you tried to send.
• Refunding a debit card payment: as soon as we do refund the payment your bank will follow their own procedure (usually 3 to 5 working days).

9. Our Liability to You

If we fail to comply with these terms and conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of the terms and conditions or our negligence, but we are not responsible for any loss or damage that is not foreseeable.

We Do Not Exclude or Limit Our Liability For:

• Death or personal injury caused by our negligence
• Fraud or fraudulent misrepresentation
• Any breach of the terms implied by sections 4 to 5 of the Supply of Goods and Services Act 1982
• Any other matter for which it would be illegal for us to exclude or attempt to exclude our liability

We Cannot Accept Responsibility For:

• The goods or services which you pay for by using the Service. Our Services allows you to send money to a private individual and should not be used to send money to a third party which sells goods and services.
• Malfunctions in communications facilities which cannot reasonably be considered to be under our control.
• Any losses or delays in transmission of messages arising out of the use of any Internet access service provider or caused by any browser or other software which is not under our control.
• Viruses caused by third parties.

We are not, in any case, liable to you for more than the transfer amount and any fees (charges and commission) paid or payable by you. We will not be liable for any incidental, indirect, special or consequential losses or costs you suffer.

If your payment has an expiry date which you must meet, we recommend our customers to allow plenty of time for a service to be completed. Khyber FX shall not be liable for any expenses incurred as a result of a failure to make the payment on time.

10. Money Transfer and the Payment Services Regulations

The Payment Services Regulations 2009 (SI 2009/209) govern the transfer of money to recipients within the European Economic Area (being all member states of the European Union, together with Norway, Iceland and Liechtenstein), where the transfer of funds is carried out in Euros, Sterling or the currency of another EEA state which has not adopted the Euro as its currency.

We can provide you with further details of these rules should you require them.

11. Complaints

We value all our customers and take our obligations seriously. We have established internal procedures for investigating any complaint that may be made against us in relation to any Services we provide.

Any complaint you may make must be made or confirmed to us in writing to:

59 Station Road, Harrow, Middlesex, HA1 2TY, United Kingdom
or by electronic message: info@khyberfx.co.uk, khyber.exch@gmail.com

We shall investigate your concerns and respond to you promptly.

If you are still dissatisfied following our response to any complaint, you may have a right to refer your complaint concerning the Services to the Financial Ombudsman Service, South Quay Plaza, 183 Marsh Wall, London E14 9SR.

If you would like further details of our complaints policy relating to our Services please contact operations@connect-plus.co.uk

12. Written Communications

Applicable laws require that some of the information or communications we send to you should be in writing. When doing business through online bank transactions, you accept that communication with us will be mainly electronic. We will contact you by e-mail.

For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.

13. Transfer of Rights and Obligations

We may transfer our rights and obligations under these terms and conditions to another organisation, but that will not affect your rights or our obligations under this Contract.

You may only transfer your rights and obligations under this Contract if we agree to this in writing.

14. Events Outside Our Control (Force Majeure)

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control.

A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation):

• Strikes, lock-outs or other industrial action
• Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war
• Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster
• Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport
• Impossibility of the use of public or private telecommunications networks
• The acts, decrees, legislation, regulations or restrictions of any government
• Pandemic or epidemic

15. Confidentiality

We respect the privacy of the affairs of all our customers and always aim to treat customer information as confidential and to use customer information in confidence.

We will not treat customer information as confidential where it is already public knowledge or where it becomes public knowledge through no fault of our own.

We may disclose customer information if we are required to do so by law, by a court, by court order, to meet any statutory, legal or regulatory requirement on us, or by the police or any other law enforcement agency in connection with the prevention or detection of crime or to help combat fraud or money laundering. We may also report suspicious activity to appropriate law enforcement organisations or other government agencies.

16. Our Right to Vary These Terms and Conditions

We have the right to revise and amend these terms and conditions from time to time.

You will be subject to the policies and terms and conditions in force at the time that you order services from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority, or if we notify you of the change before we send you the Confirmation.

17. Law and Jurisdiction

Contracts for the purchase of services using through online bank transfers or face to face cash/card transactions and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law.

Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of England and Wales.

We hope you will enjoy using Khyber Exchange & Travel Ltd . Your opinion matters to us. Please do contact us in the manner set out in these terms and conditions should you have any queries or concerns.