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Key Service Information

Please note: We are required by law to provide you with important information, particularly before you enter into a contract with us. We provide this information in our notice called our Key Service Information. This information does not form part of our Agreement but it will provide you with certain details about how we enter into this contract with you and your use of our Services. It includes information such as your rights to cancel or stop using our services, which we strongly suggest you read before entering into this Agreement with us.

REMITLY USER AGREEMENT

Before agreeing to use our Services, please take the time to read the following information carefully. We also recommend that you store this document in a safe place – the terms of our User Agreement are legally binding.

This User Agreement (“Agreement”) is effective as of October 21, 2019. It applies to users of Remitly's services resident in the Republic of Ireland. To view the User Agreement applicable to users resident in the US, please click here.If you are resident in Canada, the applicable User Agreement can be found here.

1. OUR AGREEMENT WITH YOU

1.1 This Agreement is a contract between you and Remitly Europe Limited (“Remitly”, “we”, “us” and “our”). It describes the terms by which you will be bound when you access and/or use our products (whether they are services or digital content) (“Services”). When we use the words “you” and “your” in this Agreement, they refer to users of our Services.

This Agreement includes terms which relate specifically to when you register your details with us (that is, when you create a 'Profile' – see section 3.1 below) and also terms that you must agree each time you instruct us to make single payment transactions. Both sets of these terms are included in this one document for ease of reference.

1.2 Other important documents. We also draw your attention to our Privacy Policy and our Cookie Policy (“Policies”) which contain all relevant information about how we use your personal information when providing our Services to you, including information on your rights under data protection law and how to contact our Data Protection Officer. If you participate in our ‘Rewards’ programme there are also special terms that apply to you. They are found by clicking here.

1.3 Where else can I find a copy of this Agreement and related Policies? The current versions of this Agreement, the Privacy Policy and the Cookie Policy are made available to you at the footer of our website. We strongly recommend that you print off or download and store a copy of these documents and refer to the current version when you use our Services from time to time.

1.4 When do the terms of this Agreement become legally binding on me? You accept and agree to the terms of this Agreement (including all Policies) when you:

  1. acknowledge acceptance of the electronic version of this Agreement when this option is made available to you (such as when you register for the Remitly Services via our website or our mobile app); or

  2. start using or attempt to use our Services (including if you access, download and/or use any of the Remitly Services) – in such circumstances you agree that we will treat your use of our Services as acceptance of this Agreement from that point onwards.

1.5 Please note the following important information

As this Agreement sets out legally binding terms which apply to your use of our Services, please read and make sure that you are comfortable with them both before they become binding on you and each time you use our Services. In particular, please ensure that they contain everything you want and nothing that you are not prepared to agree, before you decide to accept them and use our Services. If you do not agree to any part of this Agreement, please do not use our Services. This Agreement contains certain limitations, risks as well as guidance on the proper use of our Services. To help you with your review, we highlight below some of the key provisions which you should take particular care in reading and understanding before using our Services. If you are still unsure of anything or you’d like more information, please take a look at the information on our website or contact us at service@remitly.com.

Key sections:

‘Our Services’ & ‘Paying for our Services and Currency Exchange’ (sections 2 and 4) – These sections give you information on the services we provide as well as what charges may apply. It also provides you with important instructions on how you are to pay us to use our Services. Please note that we advise you to not use our Services to send money to strangers.

‘Getting Started and Using our Services’ (section 3) –this provision explains who we permit to use our Services. Please note that it is very important that you do not use our Services on behalf of someone else.

‘Sending money’ (section 5) – this section provides you with important information regarding how we process money transfers.

‘Important Service Restrictions’ (section 7) – please review this section carefully. In particular, it sets out the list of activities known as ‘Restricted Activities’ which you are not allowed to carry out when using our services. It also provides details on what actions we can take if you do not use our services appropriately (which may include us not processing your transactions).

‘Important Disclaimers’ & ‘Our Responsibility for Loss or Damage Suffered by You’ (sections 12 and 14) – these sections explain the circumstances where we are (or are not) responsible to you when providing our services.

‘Your responsibility for losses caused by you’ (section 13) – this section outlines the circumstances when you might be liable for losses caused by you.

‘Changes to our Services and our Agreement’ (section 18) –this section gives important details on how we may change our Agreement with you.

2. OUR SERVICES

2.1 Money transfers. Our Services allow persons resident in Ireland to make money transfers to persons in the countries and regions that we notify you via our website and/or mobile app. Our Services operate such that a “Sender” uses our Services to send money and a “Recipient” receives money which has been disbursed via our Services. A “Transaction” refers to an order given by a Sender that instructs us to make a disbursement to a Recipient via our Services. The “Transaction Amount” is the amount paid to us by the Sender to execute a disbursement to the Recipient. The “Payout Amount” is the amount paid out to the Recipient.

2.2 We recommend you use our Services to send money to friends and family and, therefore, you should not use our Services to send money to strangers.

2.3 Third party agreements. To use our Services you may need to enter into agreements with other service providers which we call “Third Party Service Providers”. For example, if you use our Services via our mobile app, you may need to enter into an agreement with your mobile device manufacturer and network operator. You agree to comply with the terms of the agreements you enter into with Third Party Service Providers and which are related to your use of our Services.

3. GETTING STARTED AND USING OUR SERVICES

(Please also note the important service restrictions set out in section 7)

3.1 Profile Creation. To use our Services you must create a Remitly profile (your “Profile”). Your Profile allows us to record certain information about you, as further explained in our Privacy Policy. Your Profile is not used as the means of executing payment transactions. As such, your Profile is not a bank nor payment account and it does not store any form of value (electronic or otherwise).

3.2 How you can create a Profile. To create a Profile you are responsible
for and must:

  1. provide us with complete, accurate and truthful information as requested by us (including information about you, and when appropriate for when you make a payment, the payment instruments (such as your bank account, debit or credit card that you wish to use when sending money via our Services) (“Payment Instruments”) and any information and/or documents we may reasonably require). The information you provide will also be used by us to determine if you are eligible to use our Services;
  2. carrying out any registration tasks in the manner and form reasonably required by us. This may involve you creating security credentials (such as a password or personal identification number) (“Security Credentials”), and/or downloading our mobile app (if appropriate); and
  3. carry out any other action which we, our or your third party service providers, may reasonably require for you to access and use the Services.

3.3 You must use our Services for yourself only. You must not create a Profile, nor submit or receive a Transaction on behalf of any other person. Our Services are only made available to consumers, that is, it is only made available to individuals acting for purposes that are wholly or mainly outside an individual’s trade, business, craft or profession. If you use our Services for a business, you will be breaking this Agreement and we may stop your use of our Services at any time without liability to you. Please also see section 7.2 on the restrictions applicable to funds being sent to India.

3.4 It is very important that the information you provide us remains accurate and in particular, to always notify us of your current address. Changes to your primary residence address may require you to accept different Remitly terms of service for the region to which you have moved. In addition, as certain Services are currently offered only in select regions, changes to your primary residence address may result in you becoming ineligible for certain Services. If any information you provide to us (including your mailing address and/or e-mail address) changes over time, you must notify us immediately and/or amend the details in your Profile so that the information you have supplied us is always accurate, truthful and complete. You are responsible for providing accurate and complete information at all times when using our Services.

3.5 Eligibility requirements to use our Services. As part of the Profile creation process, you will be required to agree to this Agreement (and such other documents as may be nominated by us from time to time). You must be at least eighteen (18) years old to access or use our Services as a Sender. We are registered and licensed to carry out our Services in Ireland by Central Bank of Ireland. You must be a resident of Ireland to use the Services provided by us. If you are a resident of another region, you may access the agreement that applies to you from the website for our Services in your country or region. Please also note section 8 on how and why we collect and verify personal information.

3.6 Restricted persons and territories. You may be aware that there are laws and regulations which place sanctions on certain countries and individuals which mean that organisations such as ours are restricted on providing our Services if they involve such matters. You may not use our Services if you are located or transact in certain regions or otherwise where we are legally prohibited from providing our Services. You can find out further information on the above matters via
https://www.centralbank.ie/regulation/how-we-regulate/international-financial-sanctions.

We may also not provide all or some of our Services to other persons or regions (whether or not they are connected to a sanctions list), if for example, in doing so, we would not be able to comply with the laws relating to our Services. Use of certain Services may also have further eligibility requirements that will need to be verified prior to you using such Services.

3.7 Using your Payment Instrument. You are required to provide us with (or permit us to have access to) details of a Payment Instrument (such as a bank account, credit or debit card) to execute Transactions on a case by case basis. We may also require details of your Payment instrument to pay fees and other obligations arising from your use of our Services. You must only provide us with details of a Payment Instrument if:

  1. it is a Payment Instrument which has not expired and otherwise in good
    standing;
  2. you are an authorised and lawful user of the Payment Instrument(s).

You authorise us to verify that your Payment Instrument is in good standing with the issuing payment service provider. We may verify your Payment Instrument by submitting a request for a payment authorisation and/or a low value credit and/or debit to the Payment Instrument, in accordance with the relevant card and payment scheme rules. We will comply with any card and payment scheme rule to refund any test payment amount charged to your Payment Instrument.

3.8 Profile limit. You may only register and open 1 (one) Profile and we may place limits on the number of email addresses and payment instruments which can be associated with your Profile.

4. PAYING FOR OUR SERVICES AND CURRENCY EXCHANGE

4.1 Our Service Fee. In consideration of our providing you with our Services, you agree to pay us a service fee (“Service Fee”) with each Transaction you submit to us, in addition to the Transaction Amount. Clear details on the discrete Service Fee amount related to a Transaction will be made available to you prior to you giving us your consent to execute your Transaction, giving you time to consider whether you wish to be charged that Service Fee for our Service. For some services, we may agree not to charge you a Service Fee. Payment of our Service Fee and the Transaction Amount in the applicable currency is due and payable by you to us at the time the Transaction is submitted by you for processing. You agree that we may deduct any ServiceFee or other fee that you may owe us from any payment Transaction Amount that we may make available to your nominated Recipient.

4.2 How you can pay us for our Services. We only permit you to pay for our Services (including payment of the Transaction Amount and any applicable Service Fee):

  1. in accordance with the instructions our Service notifies you to make payment; and
  2. by using either:
    1. a debit or credit card, the acceptable brands of which we will notify you
      via our Service (“Card Funded Payments”); or
    2. a bank transfer (for example using the EU/EEA "SEPA" scheme (“Bank Funded
      Payments”).

Under no circumstances are we obligated to accept payment for our Services using other payment methods. If you pay us (or attempt to pay us) with a different payment method (for example, in cash) or in a manner in which we do not notify you to make payment, we are under no obligation to provide you with our Services and this will be treated by us as you breaking a material term of this Agreement.

4.3 Card Funded Payments. If you pay us using a debit or credit card, you agree to pay us the Transaction Amount as well as any fee or charge you owe us under this Agreement using your nominated debit or credit card. Each time you submit a Transaction to us, you agree that we are authorised to charge your nominated debit or credit card for any money transfer Transaction as well the fees you owe us before we carry out our payment services or any other transaction.

4.4 Bank Funded Payments. If you pay us for our Services (including payment of the Transaction Amount and any applicable Service Fee) using a Bank Funded Payment, you must follow the instructions we notify you make such a payment. In particular, the following terms strictly apply to your use of this payment method:

  1. You must pay us from a bank account that matches your Profile name and you must also transfer the funds to us using the bank funding scheme we inform you as being available. Your Bank Funded Payment must originate from a Republic of Ireland bank or building society account held in the exact name that is displayed in your Profile and paid to us electronically.
  2. You must pay us within the timeframe we notify you. You must execute the Bank Funded Payment via your own applicable electronic banking or building society channel such that we receive the payment within the timeframe we notify you at the time you submit your Transaction for processing.
  3. You must enter the correct payment details and pay the exact amount. You must enter and use the exact details we supply you to make a Bank Funded Payment. Such details include, our bank account sort code, account number, together with the exact payment amount and reference number we notify you which relates to the Transaction. It is very important that these exact details are provided by you. If the details you provide are incorrect your payment may go to someone else and it may not be possible to get your money back from them. We are not responsible nor liable to you for any loss you may suffer (or for any form of refund) if you send money to someone other than ourselves and/or your payment is not recognised by us by you not providing the correct details.

4.5 Consequences of not paying us correctly. If you do not comply with the requirements set out in this section 4 when making a payment to us then we will treat your payment (or payment attempt) as a Restricted Activity (please see section 7) and in addition to the other rights we have under this Agreement:

  1. your Transaction may be cancelled and/or delayed; and/or
  2. we may refund your Bank Funded Payment, subject to the completion of any risk and other checks we may reasonably carry out; and/or
  3. we may stop or suspend you from using our Services, which may further include us ending our legal relationship with you (with our without prior warning); and/or
  4. your payment may be subject to a legal or regulatory process where you may not receive a refund of your payment.

4.6 Other fees and amounts you may owe us. If you submit a Transaction that results in us being charged a fee or an amount as a result of your Payment Instrument not being used in a potentially legitimate manner, and/or with insufficient funds or credit, you agree to pay us the amount equivalent to the amount we are charged. In particular, if you submit a transaction that results in us being charged “NSF fees”, “chargeback fees”, a reclaim of the Transaction Amount, or other similar costs, you agree to reimburse Remitly for all such fees and amounts. These other fees and charges are due by you to us at the time we notify you the applicable fee or charge has arisen. To explain some of these fees in more detail: a “NSF” fee (also known as an ‘insufficient funds’ fee) arises to the extent that we are notified and charged a fee from our banking partners when there are insufficient funds in the bank account you use to fund your Transaction. Also, a ‘chargeback fee’ arises following a challenge made by a user of a card directly to their card issuer (such as a bank). For example, this may occur if a card user makes a claim to their bank that a payment made on that card as
part of the use of our Service has been done so illegitimately and then that card issuer makes an ultimate claim against us for being involved in any such transaction. In the event you are liable for any amounts owed to us, we reserve the right to collect your debt to us through legal means, including, without limitation, through the use of a debt collection agency.

4.7 Currency conversion and exchange rates. Our Services only permit you to send money transfers in certain currencies. Usually this will be the currency which is available in the Recipient’s country or region, but could involve others. Our online forms will calculate the currency which is available to your Recipient and what exchange rate will apply. You will be able to check this before you make a Transaction and it will also be notified to you in our Transaction confirmation notice. You acknowledge and agree that we may earn revenue from the exchange rate applied to a Transaction and by instructing us to process a Transaction via our Service, you agree to the application of the exchange rate calculated for that Transaction.

4.8 You are responsible for third party fees and charges. When using our Services, other third parties may levy fees, costs or other liabilities. This may include your bank, card issuer, phone provider, internet service provider. For example, some credit card issuers may treat the use of your credit card to use our Services as a “cash advance” and may impose additional fees and interest cost for the transaction. Also, your phone and/or Internet service provider may charge you fees relating to data and messaging services. You (and not us) are responsible for any fees, charges, costs and/or expenses charged by such third parties in connection with your use of our Services. Please check your agreements with these third party providers for details on any of these additional costs.

4.9 Taxes. The reporting and payment of any applicable taxes arising from your use of the Services is your responsibility. You agree to comply with any and all applicable tax laws in connection with your use of the Services, including without limitation, the reporting and payment of any taxes arising in connection with your Transactions made through the Services.

5. SENDING MONEY

5.1 Processing your Transactions. If you submit a Transaction, you are requesting that we process your Transaction. You agree that we may accept or reject your offer to process your Transaction under the terms of this Agreement and that we are not under any obligation to carry out any Transaction for you if, for example, you have broken any of your obligations set out in this User Agreement in a non-trivial manner (and for this purpose, please make sure you do not carry out any ‘Restricted Activities’ mentioned in section 7).

5.2 Transaction execution times. Subject to the other terms of this Agreement, you agree that we will use due and reasonable skill, care and diligence to execute your Transactions and credit funds to your Recipient’s payment service provider with the following execution times after we have received your valid Transaction payment order on a Business Day, which may be:

  1. as soon as our partners and the payment networks available to us permit; or
  2. as we may otherwise notify you (which may be within hours of us receiving your valid payment order).

The time of receipt of your payment order is when we receive it, subject to the terms of this Agreement. If we don't receive your payment order on a Business Day, we may treat the receipt of your payment order on the following Business Day.

There are special rules that apply to the timing of certain payments where our Service allows you to send money within the European Economic Area (which is also known as the “EEA” – this region includes all the countries in the European Union as well as Liechtenstein, Iceland and Norway).

These special payment execution rules are:

• Payments made in Euro to Recipients in the EEA – these are made available to the Recipient’s payment service provider no later than the end of the following Business Day after we receive your valid Transaction payment order in accordance with the terms of this Agreement

• All other payments made in other EEA currencies to Recipients in the EEA – these are made available to the Recipient’s payment service provider no later than the end of the fourth Business Day after we receive your valid Transaction payment order in accordance with the terms of this Agreement.

We agree that the ‘special payment execution rules’ outlined above do not apply to payment transactions executed in other currencies.

Please note that while the Recipient’s payment provider is likely to be under a legal obligation to make these funds available once they have received them, there may be further delays in your Recipient receiving the funds depending on matters such as the Recipient’s payment service provider’s opening hours as well as them completing their own customer identity checks on the Recipient.

5.3 Execution times conditions and what we need from you to process your Transactions. Our obligations in 5.2 above, are also subject to:

  1. You providing us with the information that we need. We only treat your payment order as validly received by us if you have provided us with current, accurate, and a complete set of details about:
    1. yourself and your use of our Services - such as your e-mail address, mobile number, password, any other Security Credentials or other identifier which we may tell you we require; and
    2. the Transaction - such as correct, accurate and complete details of the Recipient and all mandatory details which are requested to be provided by you when you complete our payment transaction execution flows. We will not be liable to you for any losses associated with the execution of a transaction if you don’t provide us with the correct, accurate and complete details of your Recipient (including, without limitation, their banking details).

Additionally, if you pay us using a Bank Funded Payment, we will only treat your payment order as validly received by us if you comply with the requirements set out in section 4.4.

  1. You having sufficient funds. While there may be circumstances where we may do so, we are under no obligation to treat your payment order as received by us nor process your Transaction if you do not have (or we have not received) sufficient cleared funds to enable us to carry out the Transaction. For this purpose ‘cleared funds’ are funds which are not pending and settled with us by our banking partners; and, with regard to Card Funded Payments; are available for use without restriction from your registered and valid debit or credit card; and are settled via their applicable payment network scheme.
  2. Other permitted delays in processing your Transactions. The processing of your Transaction may be delayed by our effort to verify your identity, finding out more about your use of our Services (such as when we carry out spending limit ‘tier reviews’), carry out fraud checks, validate your Payment Instruments and otherwise comply with laws and/or manage our financial risk. We do not treat your request to process a Transaction to be properly submitted to, nor received by us until we can be comfortable that these matters have been completed to our satisfaction (acting reasonably).

5.4 Your card payment authorisation to us. If you pay us for our Services using a debit or credit card, in order for us to process your Transaction you authorise us to charge any of the debit or credit card(s) which we are able to accept (which may include your eligible credit card and/or debit card). You can withdraw your authority for us to charge your debit or credit card by removing it from your Profile. If your payment fails you authorise us to re-try one or more times using the same debit or credit card. By adding a debit or credit card to your Profile with us, you are telling us that you are the lawful user of that debit or credit. Please also be aware of certain fees which may be liable to you when using different types of debit or credit cards as further described in section 4 (Paying for our Services and Currency Exchange).

5.5 Transaction information. Unless we have restricted your use of our
Services you can access your details of executed payment transactions and other
information relating to your transaction history by logging into your Profile.
You agree to review your Transactions through your Profile instead of receiving
periodic statements by post. You agree that any and all Recipient’s details added
by you will be recorded by us to allow you to easily make future Transactions to
that Recipient and by doing so, you agree that you have created a list of trusted
Recipients with those details.

You will also be able to access a downloadable report via your Profile. We make
available the relevant details of your transactions including all fees incurred and any
other amounts charged to you in the relevant period. We will update these details
(and make available such updates) only if there has been any activity or if any fees
have been incurred in the relevant period. The way in which we provide the
transaction information will allow you to store and reproduce the information
unchanged, for example by printing a copy. We will ensure that the details of each
Transaction will be made available for you to view online for at least 13 months from
when it is first made available.

5.6 Please ensure that you provide us with the correct Transaction details –
they may not be able to be corrected afterwards.
When you make a Transaction
with us, it is your responsibility to make sure that all the Transaction
details are complete, accurate and correct (including, without limitation, the
recipient’s and their banking details) as we may not always be able to let you
change the details of your Transaction once it’s submitted to us for
processing. You may be entitled to a refund in certain circumstances and you
may cancel a valid Transaction at any time while it is pending.

5.7 Other rights available to you. You may have certain rights and
protections that are provided to you under your agreement with your Payment
Instrument provider or generally by the law with respect to the payments for a
Transaction made to your registered credit or debit card (such as Irish users
being able to potentially hold your credit card issuer liable under section 42
of the Consumer Credit Act 1995). You should consult your agreement with your
Payment Instrument provider for details on any such protections.

6. RECEIVING MONEY

6.1 Service Providers. We work with local banks and other third party
outlets (each, a “Service Provider”) to make funds available to Recipients
which may be made available by bank deposit, cash collection or other methods
as we may describe via our Services. We try to provide current information on
our website about the location, availability, and hours of our Service
Providers. Please note that these may be subject to change without our knowing
and we are not responsible for any inaccurate or incomplete information that
may be posted on the website due to us being provided with inaccurate,
incomplete or out of date information. We will cancel funds made available to
Recipients by way of cash collection if they are not validly collected within
60 calendar days of when they were first made available and to the extent possible,
refund the amounts to the Payment Instrument used to send the payment (further
subject to the timings and conditions set by our payment processing partners).

6.2 Verification. Recipients will be required to prove their identities
before receiving funds by presenting valid identification. Also, Recipients may
be required to provide a reference number or another similar identifier
associated with their Transactions. The exact details required will depend on
the Recipient’s Service Provider and which may be notified to you via our
Service.

7. IMPORTANT SERVICE RESTRICTIONS

7.1 Our general right to limit your use of our Service. In addition to the
limitations described elsewhere in this Agreement, we may refuse any
Transaction where it is reasonably necessary to protect you and/or us or
otherwise required so that we comply with legal or regulatory requirements. You
agree that we may also establish general practices and limits concerning the
use of our Services, including, without limitation applying limits on the
amount to be transferred, either on a per transaction or aggregated basis.
These limits are determined by us and based on our assessment of performance
and risk factors, which may include any or all of the following: our risk
assessment of your Profile, your location, a Recipient’s location, the
registration information you provide us and our ability to verify it and any
legal requirements we may have to comply (for example, some laws of a
particular region may not allow us to provide our Services with the same
functionality that we can provide it to you). These limits may be imposed on
individual Profiles or where we have reasonably determined, based on evidence
imposed on Profiles which are linked profiles. We may also use fraud and risk
modelling when assessing the risk associated with your use of our Services
(including when you register for your Profile).

7.2 Transactions to India. Remitly processes transactions to India pursuant
to the Rupee Drawing Arrangements, as established by the Reserve Bank of India.
You understand that use of the Service for commercial purposes or contributions
to charitable organisations is prohibited.

7.3 Restricted activities. In addition to the above, we treat the following
matters as “Restricted Activities”, that is, if you:

  1. use our Services (or we reasonably suspect that you have used or will use
    our Services) for any illegal purposes or in breach of any applicable law
    which impacts us or your use of our Services (including but not limited to
    fraud, the funding of terrorist organisation and/or money laundering).
  2. use our Services in connection with sexually-oriented materials or
    services, gambling activities, the purchase or sale of tobacco, tobacco
    related paraphernalia, firearms, prescription drugs, or other controlled
    substances. You are also prohibited from using our Services in an attempt
    to abuse, exploit or circumvent the usage restrictions imposed by us or
    another user;
  3. break any material term or condition of this Agreement (or any other
    agreement you have entered into with us) or you send money to a Recipient
    whose actions or omissions would be treated as breaking any agreement with
    us if they would have entered into with us (which in either case is not a
    trivial nor technical break);
  4. pose an unacceptable form of liability, credit and/or fraud risk to us
    and/or our users (as we may reasonably determine, based on evidence);
  5. provide false, incomplete, inaccurate, or misleading information which is
    not merely trivial (including, without limitation, any information as part
    of our Profile creation process and/or the information we request from you
    to execute a Transaction);
  6. fail to co-operate in any investigation or provide us with further
    information or confirmation about you or your use of our Services that we
    may reasonably request;
  7. provide yourself a cash advance from your credit card (or help others to do
    so) or otherwise attempt to obtain more funds than you are entitled (which
    is sometimes referred to as "double dip" or unjust enrichment) during the
    course of a dispute by receiving or attempting to receive funds from both
    us, another user of our Services, bank, or debit or credit card company for
    the same transaction;
  8. control a Profile that is linked to another Profile including those that
    have engaged in any of these Restricted Activities;
  9. access our Services from a country or region outside of Ireland
    which is not permitted by us or otherwise use an ‘anonymising proxy’ or any
    other tool which makes your use of the Internet untraceable;
  10. use any, robot, spider, scraper or automatic device or manual process to
    monitor or copy our website or app or otherwise display, use, copy, or
    modify the Remitly Intellectual Property in any manner (see also Section
    11 Remitly’s Intellectual Property).

You acknowledge and agree that engaging in the above Restricted Activities
diminishes your or other Remitly customers’ secure access and/or use of your
Payment Instrument, Profile or the Services generally. You further agree to
co-operate with us, as we may reasonably require to investigate any Restricted
Activity related to your use of our Services.

7.4 You agree not to conduct any Restricted Activities. If:

  1. you conduct or attempt to conduct any Restricted Activities, or if we
    reasonably believe, based on our actual or suspected knowledge backed by
    evidence, that you may have; or
  2. we reasonably suspect that an unauthorised or fraudulent use of the
    Services or the security of your use of the Services (including the
    security features of your Profile and/or your Security Credentials) have
    been compromised; or
  3. as we have specifically mentioned elsewhere in this Agreement,

then we reserve the right to, without liability to you take the actions
referred to in section 7.5 below.

7.5 Actions we may take. The actions we may take as referred to in section
7.4 may include one or more of the following, depending on the circumstances:

  1. delay, reverse, cancel, decline or refuse to process the payment
    instruction and or amend transaction information (or take such similar
    action via other payment service providers); and/or
  2. close or suspend your Profile, your use of any particular Payment
    Instrument and/or use of our Services (in whole or in part) including not
    providing you with Services in the future; and/or
  3. edit, modify, refuse to post any content and/or refuse to carry out any
    payment instruction or data transfer associated with any Restricted
    Activity; and/or
  4. report the transaction and any other relevant information about you and
    your use of our Services (including Profile data and your personal data) to
    a regulator (including the Data Protection Commission), police or other law enforcement agency and/or government
    department or agency; and/or
  5. if appropriate, claim damages from you.

7.6 In the event that we suspend, refuse to carry out a payment transaction and/ or
otherwise restrict your use of our Services, we will attempt to notify you, if permitted
by law, by electronic means (such as via our websites, mobile app, e-mail,
smartphone notifications, phone and SMS) unless we communicate with you in a
different manner if expedient and/or safer to do so. We will also notify you of the
reasons for such actions being taken in advance or, where we are unable to do so,
immediately after the suspension or restriction has been imposed, (unless notifying
you would be in contravention of any laws or otherwise compromise reasonable
security interests). Depending on the circumstances relating to any suspension or
stopping of your use of our Services, we may remove the suspension and/or the
restriction as soon as practicable after the reasons for the suspension and/or
restriction no longer exist. Suspension of your use of a Service will not affect your
rights and obligations pursuant to this Agreement arising before or after such
suspension or with respect to any non-terminated Services.

7.7 Nothing in this section limits your rights to complain about our
decisions (informally via our customer service channels, making a claim against
us with the Financial Services and Pensions Ombudsman (see section 15) or in court).

8. HOW AND WHY WE COLLECT PERSONAL INFORMATION

8.1 Our Privacy and Cookie Policies. The processing of your personal data
is governed by our Privacy Policy and our Cookie
Policy
which can be found on our website as well as
further described in this Agreement. By accepting this Agreement, you also
agree to the terms of these Policies. You should print or download and store
a copy of these Policies with this Agreement.

8.2 Sharing your data outside the European Economic Area. Please note that
the information you provide us in using the Services (including via our
website, mobile app and/or your Profile) will be transferred outside the
European Economic Area. This transfer is made for the purpose of processing by
us, our group companies and carefully selected third party suppliers and will
include a transfer to the USA and other countries where the laws on processing
your information may be less stringent than in your own country. Further
details are set out in our Privacy Policy. By using
our Services you consent to this transfer.

8.3 Customer Identification Program. We are required by law to obtain,
verify, and record information about you. We may require that you provide us
with non-public, personal, identifying information and documents. We may also
lawfully obtain information about you from other sources without your
knowledge, including non personal identifying information that we may obtain
when you access and/or use our Services. Please see our Privacy
Policy
and Cookie Policy for
more details.

8.4 Government Disclosures. We may provide information about you and your
Transactions to government authorities and law enforcement agencies in accordance with our legal obligations, as
described in our Privacy Policy.

8.5 Verifying your personal information. You authorise us to make any
inquiries, to you or to others, which are necessary to validate the information
that you provide to us. This may include asking you for additional information,
requiring you to take steps to confirm ownership of your email address or
financial instruments, verifying your information against third party
databases, or through other sources such as a credit reference agency.

9. ERROR RESOLUTION, CANCELLATIONS AND REFUNDS

9.1 Error Resolution. Please let us know at any time if you have any problems with
the Service. If you think there has been an error or a problem with your money
transfer, you must contact us within 180 days of the date we promised to you that
funds would be made available to your Recipient. We will not seek to hold you liable
for any unauthorised use of your Profile by any person provided that we are satisfied
that you have not acted fraudulently. Please notify us without undue delay of any
unauthorised or incorrectly executed Transactions and/or any other loss, theft or
misappropriation related to the use of our Services. You must contact us in any
event no later than 13 months after the date your Transaction was executed. If you
do not promptly notify us within this timeframe, we may not be able to assist you, nor
issue of refund. You can contact us using the contact information in section 16.1 or
via the email address abuse@remitly.com. For more information about error resolution [click here(https://www.remitly.com/home/errors).

9.2 Refund before your Transaction is completed. You can cancel a valid
Transaction at any time prior to its completion. Completion means that your
Recipient claimed the money you sent (such as through cash pick-up, home delivery, or if the
funds had been credited to the Recipient’s bank account or moible wallet). Upon receiving your request to
cancel a Transaction we may confirm with our Service Providers to determine if the
Transaction was cancelled prior to issuing you with a refund. The Transaction
Amount will not be refunded after completion. There are also other terms
governing how we may make a refund to you which are set out in section 4.

9.3 Our Goodwill Guarantee. If you are not satisfied with our service for any
reason we will refund you the Service Fee amount of the applicable
Transaction
(our “Goodwill Guarantee”). Our Goodwill Guarantee is provided by
Remitly Europe Limited of 10 Earlsfort Terrace, Dublin 2, D02 T380, Ireland to its
Austrian customers. To receive our Goodwill Guarantee you are required to contact
us by either calling us at +3531800816808, send us an email
at service@remitly.com or write to us at: Remitly Europe Limited attn.: Customer
Service WeWork, Charlemont Exchange, Charlemont Street, Dublin 2, D02V N88,
Ireland within 180 days of the Transaction. Our Goodwill Guarantee is
provided to you in addition to your legal rights and does not affect your
rights under law, such as with respect to our performance of the Services with
reasonable skill and care. Please also see section 14 (Our Responsibility for
Loss or Damage Suffered by You).

9.4 Payment of Refunds. All refunds will be credited to the same Payment
Instrument used to pay for the Transaction. Refunds are only made in currency
you have paid us and will not be adjusted to account for changes in the value
of the currency amount or any other foreign currency from the time your
Transaction was submitted. If the Payment Instrument you used to pay for the
original Transaction is no longer valid and we are unable to find a mutually
acceptable solution, we are under no obligation to make the refund.
Additionally, we are not responsible nor liable to you for any loss you may
suffer (or for any form of refund) if you send money to someone other than
ourselves in connection with your use of our Services and/or your payment is
not recognised by us by you not providing the correct details.

9.5 Tracing your payments. If you ask us to trace a payment you made to a
Recipient in the EEA we will do so and let you know of the outcome. Please also
contact us if you sent a valid Transaction to a Recipient in the EEA and they
receive it later than what we have agreed under this Agreement (see section 5).
If appropriate, we will ask the Recipient’s bank (or other applicable payment
service provider) to correct the payment.

10. HOW LONG DOES THIS AGREEMENT LAST AND HOW CAN IT BE ENDED? (EVEN IF YOU HAVE CHANGED YOUR MIND)

10.1 Duration of this Agreement. The term of this Agreement starts at the
time this Agreement becomes binding on you (see section 1.4) and ends when it
is terminated for any reason. There is no minimum term for this Agreement.

10.2 When you can end this Agreement without any reason. You may terminate
this Agreement for any reason by closing your Profile by emailing us at
service@remitly.com or otherwise calling us at +3531800816808.

10.3 Your Cooling Off Period. In addition to your other rights under our
Agreement, the law grants you the right to cancel and terminate this Agreement
during a period of fourteen (14) days which commences on the day after you
accept this Agreement “Cooling Off Period.” This is subject to certain
conditions which follow.

10.4 How you can cancel our Agreement during the Cooling Off Period. You
can cancel and terminate this Agreement during your Cooling Off Period by
sending a notice of cancellation to:

  1. our address (whether in person or by post) at WeWork, Charlemont Exchange, Charlemont Street,
    Dublin 2, D02V N88, Ireland;
  2. by email: service@remitly.com
  3. by calling us on +3531800816808.

10.5 Conditions related to your rights to cancel during the Cooling Off
Period.
Your Cooling Off Period is subject to the following, that is, if you
terminate this Agreement during your Cooling Off Period:

  1. before you have submitted a Transaction or otherwise made a money
    transfer with us, this Agreement will terminate without any charge or
    cancellation fee and you will not be able to use our Services; or
  2. after you have submitted a Transaction or otherwise made a money
    transfer with us, we will re-imburse you the Transaction Amount (and our
    fees) at any time prior to its completion. Completion means that your
    Recipient claimed the money you sent either through cash pick-up home delivery or bank
    account or mobile wallet deposit credit. However, please note that the Transaction Amount,
    will not be refunded after completion. Please also note that there is no
    general cooling off period available for services related to foreign
    exchange. If, however, you are not satisfied with our service for any
    reason we will refund our service fee amount subject to the terms in
    section 9.3 (Our Goodwill Guarantee).

10.6 When we may end this Agreement without any reason. We may, without
liability to you, terminate this Agreement at our convenience and without
liability by giving you at least two (2) month’s prior written notice. This
right is in addition to the other rights we may have to suspend or terminate
your use of our Services which may happen immediately or in less than two (2)
month’s prior written notice – see for example section 7 (Important Service
Restrictions).

10.7 What happens after my Profile is closed or this Agreement has ended?
If your Profile is closed and/or this Agreement has ended, you agree:

  1. to immediately stop using our Services;
  2. that the licences provided under this Agreement shall end;
  3. that we reserve the right (but have no obligation) to delete all your
    information and account data stored as part of your use of our Services
    save where we are required to retain such information due to applicable
    laws; and
  4. that we shall not be liable to you or any third party for termination of
    access to our Services or for deletion of their information or account
    data.

10.8 Even if our Agreement has ended, you may still be liable to us for our
fees.
Any termination of this Agreement does not relieve you of any
obligations to pay any Transaction, fees or costs owed by you prior to the
termination and any other amounts owed by you under this Agreement.

10.9 Survival of sections after our agreement has ended. Sections of this
Agreement that are reasonably necessary to accomplish or enforce the purpose of
this Agreement after it has ended will survive and remain in effect in
accordance with their terms upon the termination of this Agreement.

11. REMITLY'S INTELLECTUAL PROPERTY

11.1 What is “intellectual property”? Intellectual Property might be a
brand, trade mark, software code, an invention, a design, a song or other similar intellectual creation.

11.2 Ownership of the Service intellectual property. You acknowledge that
the Service, including the content of this website, text, graphics, logos, and
images, as well as all other Remitly copyrights, trademarks, logos, and product
and service names are owned exclusively by us, one of the companies in our
corporate group or an authorised licensor (the “Remitly Intellectual
Property”
). You are authorised solely to view and retain a copy of the pages
of our website or our app for your own personal, non-commercial use.

11.3 No transfer of our intellectual property rights. Save as provided for in
Clause 11.4 below, this Agreement does not transfer or grant you any of our intellectual property rights existing as at the date we
entered into this Agreement, nor does it transfer any intellectual property
rights which are created or developed on our behalf during the term of this
Agreement or otherwise. You further agree not to: (i) remove or alter any
author, trademark, logo or other proprietary notice or legend displayed on our
websites and/or apps (or printed pages of them) or (ii) infringe our or any
other third party’s copyright, patent, trademark, trade secret or other
intellectual property rights, or rights of publicity or privacy.

11.4 Licence grant. If you use our software as part of using our Services
then we and our licensors grant you a licence that is personal to you only, which is
limited, non-exclusive, revocable, non-transferable and without the right to
sub-licence. A “licence” is legal way in which we are able to grant you the
right to use something for a specific and limited purpose – in this context we use to describe how we grant you
the right to use the Service (including its software). You are permitted to use
the software provided by us for use solely for the purposes of availing of our
Services pursuant to this Agreement and for no other purpose whatsoever. Unless
expressly granted by us in this Agreement, nothing in this Agreement shall be
interpreted as granting you a licence to use any of our software or other
intellectual property rights for any other purposes.

11.5 Suggestions and feedback. If you provide us with any suggestions,
feedback or input (“Customer Input”) related to our Services, we (and our
corporate group entities) will own all right, title and interest in and to the
Customer Input, even if you have designated the Customer Input as confidential.
We and our corporate group entities will be entitled to use the Customer Input
without restriction. You assign to us all right, title and interest in and to
the Customer Input and agree to provide us with any assistance we may require
to document, perfect and maintain our rights in the Customer Input. For this
purpose the word: “assign” is legal term which means legally transferring the
benefit, such as you legally transferring the benefit of the Customer Input to
us.

12. IMPORTANT DISCLAIMERS

12.1 General disclaimer of our Services. While we aim to maintain an
uninterrupted Service and we make reasonable efforts to ensure that
Transactions are processed in a timely manner, we don’t promise that your
access to, or use of, our Services, including the time needed to complete the
processing of payment transactions will be delivered uninterrupted, securely,
timely or error-free, or that our website, mobile app or Services will be free
from viruses or other harmful properties if due to circumstances: outside our
control; or if we are required to suspend or modify our Services (in whole or
in part) to protect the interests of any innocent party. Not all of our
Services will always be available from the manner by which you access it. For
example, some Services or features that you may access by using our website may
not be available via our mobile app (and vice versa). This means that our
liability to you is limited if there are interruptions to our Services,
including, but not limited to: system failures or other interruptions that
affect the receipt, processing, acceptance, completion or settlement of
Transactions or the Services. If you are dissatisfied with our Services, you
may choose to discontinue using our Services and/or close your Profile at any
time by emailing us at service@remitly.com or
otherwise calling us at +3531800816808.

12.2 Digital content supplied for free. To the extent that you do not pay
us for digital content we supply you (such as our mobile app) we supply such
digital content on an ‘as is’ basis and it is supplied by us without any
representation nor warranty by us as to its quality, fitness for any purpose,
matching to any description or information supplied, nor any rights that we
have as to its supply. Subject to section 14.2(2) (“Defective Digital
Content”), we are not responsible nor liable to you for any loss or damage you
may suffer as a result of your access or use of this digital content.

12.3 Suspension of our Services. In addition to other rights we may have to
suspend our Services, we may have to suspend the supply of our Services to:
deal with technical problems or make minor technical changes; update our
Services to reflect changes in relevant laws and regulatory requirements;
and/or make changes to our Services which we have notified to you (or in which
you may have notified to us). In addition, we may from time to time, carry out
maintenance of our Services which may result in certain parts of our Services
being unavailable, in which case we will endeavour to notify you in advance. We
are not liable to you for the unavailability of our Services due to these
reasons.

12.4 Commercial Transactions. You should not use the Service to send money
except to people that you know. We are not responsible for, the quality or
delivery of goods or services that you pay for using our Services. You accept
that using our Services to pay for goods and services is at your own risk. In
particular, as we are not involved in, nor responsible for, nor have any
control over any underlying arrangement you may have with any other person
associated with your use of our Services, we will not mediate any disputes, nor
enforce or execute any arrangement you may have with such persons.

12.5 No guarantee of the services provided by your third parties. We do not
guarantee, nor are we responsible nor liable for the accuracy, completeness or
usefulness of any third party service provider that you have entered into an
agreement with and that is used in connection with your use of our Services
(including your internet service provider, the issuer of your Payment
Instrument and/or your mobile device manufacturer or network operator). You
acknowledge that the selection of such persons or the purchase of any goods
and/or services from them is solely your choice. We strongly encourage you to
do your own research into choosing such providers.

12.6 Data security measures. We have implemented certain measures designed
to secure your personal data from accidental loss and unauthorised access, use,
alteration or disclosure. However, we cannot guarantee that unauthorised third
parties will not be able to defeat those measures or use your personal data for
improper purposes. You acknowledge that any personal data or other information
is provided to us is at your own risk.

12.7 Your responsibility for maintaining your equipment and implementing
safeguards.
It is your responsibility to implement satisfactory safeguards
and procedures to make sure any data or other information you submit through
our Services are free from contaminations or other harmful properties. Further,
you shall be responsible for obtaining and maintaining all communication
networks, hardware, and other equipment needed for access to and use of our
Services, and you are responsible for all such related charges. We do not
promise that our Services will be supported on your device or that our websites
and/or mobile app will support all browser types or otherwise be compatible
with your communications equipment. In addition, if you access and/or use our
Services via a mobile device, you agree and acknowledge that the downloading,
installing or using certain mobile applications may be restricted by your
mobile network operators and/or device manufacturer and not all the Services
may work with all mobile network operators or devices. You agree not to use our
Services on devices that have been modified contrary to the manufacturer’s
software or hardware guidelines.

13. YOUR RESPONSIBILITY FOR LOSSES CAUSED BY YOU

13.1 This section is an important provision which sets out when and how you
may be expected to pay us reasonable compensation.
There are some terms which
are capitalised in this section which have special meanings and which are
further explained at the end of this section. Please read them when reviewing
this section.

13.2 You promise that you will pay, immediately owe and be liable to a
Remitly Party for an amount equal to its Losses if a Remitly Party suffers or
becomes liable for Losses arising from or related to:

  1. your use of, or connection to, the Services;
  2. you breaking this Agreement (including any Policies);
  3. disputes or litigation caused by your actions or omissions; and/or
  4. your negligence or violation or alleged violation of applicable laws and
    regulations or rights of a third party.

13.3 Words with special meanings:

  1. “Remitly Party” means us and our group companies (and their respective
    directors, officers, owners, co-branders or other partners, information
    providers, licensors, licensees, consultants, employees, independent
    contractors agents and other applicable third party service providers); and
  2. “Losses” mean all net costs reasonably incurred by a Remitly Party
    which are the result, and which a reasonable person would consider to be
    the probable result, of the matters set out in section 13.2 and which may
    relate to any claims, demands, causes of action, debt, cost, expense or
    other liability, including reasonable legal fees. Such losses may include
    the costs incurred by us in tracing you, telling you about, and taking
    steps to deal with your breaking our Agreement and enforcing payment of any
    amount due to us. However, Losses do not include any costs where a Remitly
    Party can be compensated twice over for the same loss (eg for loss of costs
    and profit if claiming for both losses leads to being compensated twice).

13.4 In no event shall you enter into any settlement or like agreement with
any party that affects our rights or binds us in any way, without our prior
written consent.

14. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

14.1 We are responsible to you for foreseeable loss and damage caused by
us.
If we fail to comply with this Agreement, we are responsible for loss or
damage you suffer that is a foreseeable result of our breaking this Agreement
or our failure to use reasonable care and skill, but we are not responsible for
any loss or damage that is not foreseeable. Loss or damage is foreseeable if
either it is obvious that it will happen, or if, at the time the contract is
made, both we and you knew it might happen. We are not responsible for any loss
or damage you suffer which is a result of you breaking this Agreement.

14.2 Defective digital content. The level of our responsibility to you for
loss or damage you suffer from our supply of digital content (such as our
mobile app) depends on whether you have paid for it or not. We do not consider
that our mobile app is digital content that you have paid for (either directly
or indirectly) because it is generally available to you without charge and also
without you having to use the part of our services which levy a fee on you by
us.

  1. If we do happen to supply digital content to you for a fee then our
    Agreement does not limit our liability for certain rights that you have
    under the law. These are your rights to have the digital content supplied:
    of satisfactory quality, fit for a particular purpose, matching the
    description and information we provide and without a general claim that we
    do not have the right to supply the digital content. If we supply digital
    content to you for a fee and you suffer a loss as a failure of us to meet
    the above conditions then we may repair or replace the digital content
    and/or give you compensation, in each case depending on the circumstances
    and also subject to the other terms of this Agreement.
  2. If defective digital content which we have supplied damages a device or
    digital content belonging to you and this is caused by our failure to use
    reasonable care and skill we will either repair the damage or pay you
    compensation. However, we will not be liable to you for damage which you
    could have avoided by following our advice to apply an update provided free
    of charge or for damage which was caused by you failing to correctly follow
    installation instructions or to have in place the minimum system
    requirements advised to access and use the digital content (including as
    set out in this Agreement).

14.3 Exceptions to our limits on being liable to you. The limits on our
liability to you under this Agreement do not apply if you suffer loss as a
result of:

  1. death or personal injury caused by our acts or omissions (including our
    negligence); and/or
  2. our fraud or fraudulent misrepresentation.

14.4 We are not liable for business and certain other losses. We only
supply our services and digital content to you for domestic and private use. If
you use our Services for any commercial, business or re-sale purpose neither we
or our service providers (and each of their respective group companies,
officers, agents, partners, contractors and/or employees) will have any
liability to you for any loss of profit, loss of business, business
interruption, or loss of business opportunity. We are also not liable to you
for any losses you suffer as a result of our disbursement partners that pay-out
funds to your Recipients. As mentioned above, we are not liable for any loss or
damage that is not foreseeable.

14.5 We are not liable for actions we take to comply with laws or for Events
Outside Our Control.
We will not be liable or responsible for any losses you
may incur that were not our fault or were because of any failure by us to
perform (in part or full), or delay in the performance of, any of our
obligations under this Agreement that is caused by our compliance with any law
or regulation (including, without limitation, us seeking to comply with any
anti-money laundering or counter terrorism law or regulation) or an “Event
Outside Our Control”.

14.6 Meaning of ‘Events Outside Our Control”. An “Event Outside Our
Control”
means any act or event beyond our reasonable control, the
consequences of which would have been unavoidable despite all efforts to the
contrary and include without limitation strikes, lock-outs or other industrial
action by third parties, 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, or failure of public or private
telecommunications networks (including without limitation power failures,
mobile network failures and Internet disturbances). This would also include
suspension of our Services resulting from maintenance and upgrades to our
systems or the systems of any party used to provide our Services, outages on
any phone network or in the case of mobile networks where you are not in an
area of mobile coverage.

15. DISPUTE RESOLUTION AND GOVERNING LAW

15.1 Disputes with Remitly – please contact us first. If a dispute arises
between you and Remitly, our goal is to learn about and address your concerns.
Disputes between you and Remitly regarding the Service may be reported to us
using the email address:
ir-complaints@remitly.com; by telephone:
+3531800816808; or by mail at Remitly Europe Limited, WeWork, Charlemont Exchange, Charlemont Street, Dublin 2, D02V N88, Ireland.

15.2 Alternative dispute resolution. Alternative dispute resolution is a
process where an independent body considers the facts of a dispute and seeks to
resolve it, without you having to go to court. If you are not happy with how we
have handled any complaint, you may want to contact the alternative dispute
resolution provider made available to you.

You can also make a complaint to the Irish Financial Services and Pensions Ombudsman (“FSPO”). The FSPO is an independent, and free service that helps resolve complaints with pensions providers and regulated financial services providers. You may obtain further information regarding the FSPO, the methods by which you can access their services, via www.fpso.ie. The contact details of the FPSO are as follows:

Address: Lincoln House, Lincoln Place, Dublin 2, D02 VH29

Phone: +353 1 567 7000

Email: info@fspo.ie.

In addition, please note that disputes may also be submitted for online resolution via the European Online Dispute Resolution Platform accessible at: http://ec.europa.eu/odr.

Any complaints which you may have in relation to the Services we provide are subject to the jurisdiction of the FSPO.

15.3 Which laws apply to this Agreement and where you may bring legal
proceedings.
The terms of this Agreement are governed by Irish law. This
means that this Agreement and any dispute or claim arising out of or in
connection with it will be governed by Irish law. You and we both agree to
that the courts of Ireland will have non-exclusive
jurisdiction.

16. ABOUT US AND HOW WE COMMUNICATE WITH EACH OTHER

16.1 Our details and how to contact us. Our name is Remitly Europe Limited and
we are a company registered in Ireland with company registration
number 629909. Our registered address is at Remitly Europe Limited: 10 Earlsfort Terrace, Dublin 2, D02 T380, IRELAND. The location of our head office is at Remitly Europe Limited: WeWork, Charlemont Exchange, Charlemont Street, Dublin 2, D02V N88, Ireland. Questions, notifications, and requests for refunds or further information can be sent to Remitly, as follows: online; by telephone at +3531800816808; or by mail at Remitly Europe Limited., attn: Customer Service, Remitly Europe Limited: WeWork, Charlemont Exchange, Charlemont Street, Dublin 2, D02V N88, Ireland.

16.2 Our regulator. Remitly Europe Limited trading as Remitly is regulated by the Central Bank of Ireland.

16.3 How we communicate with you. We will conclude this Agreement with you
in English. We will also provide our Service and communicate with you in
English. If there is any conflict between the English language version of the
content of our Service (including this Agreement) and any translation, the
English version will govern. For example, if you have set the device that you
access our Service with to a language other than English, the English language
version of our Service only applies (and not the non-English language version).
You acknowledge that this User Agreement shall be entered into electronically,
and that the following categories of information (“Communications”) may be
provided by electronic means (such as via our websites, mobile app, e-mail,
smartphone notifications, phone and SMS) unless we communicate with you in a
different manner if expedient and if we are required by do so by law or
regulatory requirements (for example, there may be circumstances where we are
required to mail you certain information if we enter into any legal dispute):

  1. this User Agreement and any amendments, modifications or supplements to it;
  2. your records of transactions through the Service (such details will be
    provided to you via e-mail or by us posting details in your Profile which
    can be accessed by logging into the Service);
  3. any initial, periodic or other disclosures or notices provided in
    connection with the Service, including without limitation those required by
    law or regulation;
  4. any customer service communications, including without limitation
    communications with respect to claims of error or unauthorised use of the
    Service;
  5. any other communication related to our Services or Remitly.

16.4 When we treat communications as having been received by you. With the
exception of amendments to this Agreement (see section 18), a notice that we
provide to you shall be considered to be received by you within 24 hours of the
time it is posted to our website(s), emailed, text to you. If for any reason we
have to send a notice by mail, we will consider it to have been received by you
three Business Days after it is sent.

16.5 Communications via phone and text. Communications may also be provided
to you through the use of autodialed or pre-recorded message calls or text
messages at the telephone number(s) that you provide us with. We will not use
autodialed or pre-recorded calls for unsolicited marketing purposes without
your consent. You agree that we may record our calls with you for legitimate
business purposes such as to establish facts discussed in our calls, for
training and security purposes, to detect any illegitimate use of our Services
and/or also to comply with our legal and regulatory requirements.

16.6 We may use third parties to contact you. We may contact you directly
or we may share your contact details (such as your phone number) with service
providers with whom we contract to provide such Communications. Standard
telephone minute and text charges may apply.

16.7 Your access to certain information. You may request a copy of this
Agreement at any time from us while this Agreement has not ended between us. We
will provide you with information concerning your Transactions and other
information which we are required to provide you under law via e-mail, your
Profile, our websites and/or mobile app. Unless we are required to do so by
law, our 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 in section 16.1

17. YOUR SAFE USE OF OUR SERVICE

17.1 Your security is very important to Remitly, and we use a variety of
security measures to make sure that your information is secure. We urge you to
think carefully before sending money to anyone that you do not know well. In
particular, you should be cautious of deals or offers that seem too good to be
true.

17.2 Your obligations to safely use our Services. You agree to perform the following actions to safely use our Services:
(a)not engage in any of the Restricted Activities (see section 7);
(b) keep the details of your Funding Instruments, bank accounts and Security Credentials (such as your password) safe;
(c) not allow anyone else to have or use your Funding Instruments, bank accounts or Security Credentials (such as your password details), nor disclosure your Security Credential details except when you use our Services;
(d) never write your Security Credentials in a way that can be understood by someone else nor choose a password that is made more memorable to you such as a sequence of letters or numbers that may be easy to guess;
(e) ensure any devices and/or equipment used for our Services operate virus checks and firewall protection;
(f) notify us as soon as possible on becoming aware of any failure, delay, malfunction, virus or error with our services;
(g) have contingency arrangements to cover any unavailability of our services, or system or operational failures; and
(h) comply with all reasonable instructions we may issue regarding keeping your Funding Instruments and your use of our Services safe.

17.3 Using your fingerprint to access our Services. We may provide you with
the functionality to scan your fingerprint on your compatible device to access
your use of our Services (for example, by using ‘TouchID’). As described in our Privacy Policy, please note that
anyone who has their fingerprint registered on such a device may be able to
access your use of our Services. If this functionality is made available and
you choose this option:

  1. your compatible device must have our mobile app downloaded on it as well as
    the appropriate applications enabled to allow the scanning of your
    fingerprint (including where applicable, your fingerprint being
    registered); and
  2. you should make sure that only your fingerprint is registered on the device
    as you may be responsible for unauthorised payments made via our Services
    if yours is not the only fingerprint registered on the device.

17.4 Contact us immediately if you think your use of our Services has been
compromised.
If you think you have been or might be a victim of fraud or the
Services have been used without your permission (including if your believe that
the email addresses registered with us have been compromised), please contact
us immediately by telephone at +3531800816808. If you are aware of anyone or
any entity that is using the Service inappropriately, please email us
at abuse@remitly.com. And if you receive any fake
(phishing) emails, purporting to be from Remitly, please forward them to us
at abuse@remitly.com.

18. CHANGES TO OUR SERVICES AND THIS AGREEMENT

18.1 Changes to our Services and updates. We may, from time to time, offer
other service functionality or services. This may include: software
maintenance, service information, help content, bug fixes, maintenance
releases, modifications, amendments and/or upgrades to the existing Services.
An example of when we might require to make adjustments to our Services may be
to address a security threat. We may also require you to update digital
content, provided that the digital content matches the description of it that
we provided to you before you obtained it. These additional services are
subject to the terms of this Agreement (as maybe modified in accordance with
this section) or other terms and conditions made known to you when we make the
other service functionality available.

18.2 Changes to this Agreement. We may make changes to this Agreement from
time to time on the basis that you are able to end the Agreement without charge
by us.

18.3 Reasons why we may change this Agreement. We may change the terms of
this Agreement for any or all of the following reasons:

  1. to make a change to your benefit, or not affecting your rights or
    obligations;
  2. correct errors, omissions, inaccuracies or ambiguities;
  3. to reflect terms of new products or services, or changes to existing
    products or services;
  4. to reflect changes to the structure to our business or of our group
    companies;
  5. cover service differences due to new IT or other processes;
  6. reflect changes in customer demands or requirements;
  7. bring us into line with market practice;
  8. to respond proportionately to changes in the general law;
  9. to meet any of our regulatory requirements;
  10. to respond proportionately to changes in any requirement under our
    agreements with our third party service providers;
  11. to reflect new industry guidance and codes of practice which raise standards of consumer protection; and/or
  12. to proportionately reflect other legitimate cost increases or reductions
    associated with providing a particular product or service.

18.4 Notifying you of changes. Any changes to the terms of this Agreement
will be made available to you by posting on our website the revised version of
this Agreement with an updated revision date (which may include us making the
current version of this Agreement available to you as part of the process of
when you submit a Transaction with us). We will aim to make available changes
to our Agreement which result in a ‘Material Change’ (see section 18.5) at a
reasonable time in advance prior to the changes coming into effect (although
this may be shorter if required under the circumstances). Please review our
Agreement each time you make a Transaction as it may have been updated since
you initially registered for our Services. By using our Services after a new or
revised Agreement has been posted on our website (including if it is made
available to you as part of the Transaction execution process) or after the end
of any ‘Material Change’ notice period, you agree to the revised Agreement. In
the event that you do not agree with any change to our Agreement, your sole and
exclusive remedy is to stop, terminate your use of the Services and /or close
your Profile by contacting us at the details set out in section 10.4.

18.5 Meaning of ‘Material Change’. A “material change” means a change which
does not include a change which:

  1. is to your benefit;
  2. is required to be made to comply with applicable laws and/or regulations or
    as otherwise required by one of our regulators; or
  3. relates to a new product or service made available to you or otherwise to
    clarify an existing term.

19. OTHER IMPORTANT TERMS

19.1 Even if we delay in enforcing this Agreement, we can still enforce it
later.
If we do not insist immediately that you do anything you are required
to do under these terms, or if we delay in taking steps against you in respect
of your breaking this contract, that will not mean that you do not have to do
those things and it will not prevent us taking steps against you at a later
date. For example, if you do not pay us an amount when it is due and we do not
chase you but we continue to provide the Services, we can still require you to
make the payment at a later date.

19.2 If a court finds part of this contract illegal, the rest will continue
in force.
Each of the sections of this Agreement operates separately. If any
court or relevant authority decides that any of them are unlawful, the
remaining sections will remain in full force and effect.

19.3 We may transfer this agreement to someone else. We may transfer our
rights and obligations under this Agreement to another organisation. We will
contact you to let you know if we plan to do this. If you are unhappy with the
transfer you may end our Agreement by closing your Profile by contacting us via
the details set out in section 10.4.

19.4 You need our consent to transfer your rights to someone else. You may
only transfer your rights or your obligations under this Agreement to another
person if we expressly agree to this in writing. We may not be able to agree to
this as doing so may likely put us in breach of our legal and regulatory
obligations (including our obligations to comply with anti-money laundering
laws).

19.5 Other people that may have rights under this contract This Agreement
is between you and us. No other person shall have any rights to enforce any of
its terms, except as explained in sections 13 (Compensation you may owe us).

19.6 The meaning of certain words and phrases not defined elsewhere:

  1. “Business Day” means a day (other than a Saturday or Sunday) on which
    banks in the U.K.Ireland are open for business (other than for the sole purpose of
    24-hour electronic banking).
  2. Extended meaning of the words: “Remitly”, “we”, “us” and “our”. When we
    use these words we also mean that they include people that work at Remitly
    (such as our employees and directors) as well our “successors” and
    “assignees”. “Successor” is a legal term which means someone that may
    replace us. “Assignees” is another legal term which means another person
    that has received the benefit of something we have transferred to them (for
    example, an ‘assignee’ could be someone we may transfer the benefit of the
    rights we have under this Agreement).
  3. “Writing” includes emails. When we use the words “writing” or “written”
    in this Agreement, this includes emails.

19.7 Our use of headings. We use headings and descriptions to highlight
what we mean in the sections which follow but they are only provided by
convenience and don’t form part of our legal agreement.

19.8 General Law. General law (for example, about
consumer protection) applies to this Agreement and the Services we provide to
you under it.