On this page, you will find:
Opal Transfer LTD Terms and Conditions
Effective from the 8th of April 2021
As used in our Terms and Conditions, the terms:
“Authorised Money Transfer Order” means your clear instruction and consent to initiate a Money Transfer Order via the Opal Transfer Online Platform, or our Mobile App using Login Details, via phone conversation to our Call Centre, or during a visit to our branch.
“Business Day” means a day on which we and the money transfer destination firm/bank and any intermediary bank are open for business (and which is not a Saturday or Sunday, or a public holiday in the UK or in the destination country).
“Call Centre” means the Opal Transfer call centre that can be contacted on +44 207 022 0995.
“Cut-off time” means the latest time on a Business Day that a Money Transfer Order may be submitted to be deemed received on that day for the purposes of execution. If the Money Transfer Order is submitted after this time, it will be deemed received the following Business Day. The Cut-off time for Money Transfer Orders under these Terms and Conditions is determined by reference to the destination country. You can check the Cut-off times applicable to Money Transfer Orders by destination country on our Website, Mobile App, or the Opal Transfer Online Platform.
“Consent” means that a clear instruction for initiating a Money Transfer Order and Deposit of funds for the Money Transfer, and all necessary information and/or documentation has been received from you.
“Deposit” means funds for the Money Transfer Order to be paid either by card or by bank transfer.
“Executed Money Transfer” means Money Transfer Order that has been sent from us to a Receiver’s Payment Service Provider and cannot be cancelled from our side anymore.
“Login Details” means the customer number/email and password or PIN required to access the Payment Instrument (the Opal Transfer Online Platform or Mobile App).
“Mobile App” means the Opal Transfer Mobile App that can be downloaded from the App Store and Google Play to your mobile devices, such as a smartphone or (mobile) tablet.
“Money Transfer” means a transfer of money instructed by you under these Terms and Conditions.
“Money Transfer Order” means an instruction made by you for us requesting the execution of a Money Transfer.
“Money Transfer Receipt” means written confirmation of our acceptance of a Money Transfer Order, issued upon our receipt of the necessary information and full Deposit.
“Money Laundering Regulations” means Directive (EU) 2015/849 and Directive (EU) 2018/843 of the European Parliament and the Council; the United Kingdom laws: The Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 and The Money Laundering and Terrorist Financing (Amendment) Regulations 2019.
“Opal Transfer”, referred to as the “Company”, “we” , “us” or “our” means Opal Transfer Ltd.
“Opal Transfer Online Platform” means the online platform we use to provide Services to you under these Terms and Conditions currently found at the URL www.opaltransfer.com.
“Payment Instrument” means the Opal Transfer Online Platform or our Mobile App.
“Payment Services Directive and Requirements” means Directive (EU) 2015/2366 of the European Parliament and the Council of 25 November 2015, the United Kingdom law: Payment Services Regulations 2017.
“Payment Service Provider” means a bank, recipient bank, intermediary bank, or other Payment Service Provider as it is defined in the Payment Services Directive, Payment Services Regulations 2017, and Electronic Money Regulations 2011.
“Payment Services User” referred to “you” or “your” means a natural or legal person who is a customer of Opal Transfer Ltd.
“Principal Amount” means the amount of a Money Transfer, exclusive of the transfer fee.
“Receiver” means the recipient of a Money Transfer.
“Services” means all Money Transfer services and related products available through the Opal Transfer Ltd premises, Call Centre, Website, or Mobile App.
“Third Party” means a natural or legal person who is not a customer or represents the service provider Opal Transfer Ltd.
“Website” means the website owned and operated by Opal Transfer Ltd to provide the Services to you, and currently found at the URL www.opaltransfer.com.
1. MONEY TRANSFER SERVICES
These Terms and Conditions govern the Money Transfer Services provided to you by Opal Transfer Ltd (trading name: Opal Transfer) with registration number 04741528 and head office address: 27 Clement's Lane, London, EC4N 7AE, telephone numbers +44 207 022 0995, +44 207 828 4222, and email address: info@opaltransfer.com.
Opal Transfer is supervised and regulated by Her Majesty’s Revenue and Customs (“HMRC”) as a Money Services Business under Money Laundering Regulations, Anti-money laundering supervision registration number XRML00000109447 and as an Authorised Payment Institution by the UK Financial Conduct Authority (“FCA”), Reference number 533677.
For the purpose of data protection, Opal Transfer is registered as a Data Controller with the UK Information Commissioner's Office, registration reference: Z1993210.
2. ELIGIBILITY
2.1 To be eligible for our Services, you must be at least 18 years old. You further represent and warrant to us that if you are an individual and you have registered with us that you are not acting on behalf of an undisclosed person.
2.2 If the Services under these Terms and Conditions are to be provided to a business rather than to you in your personal capacity, you must have the authority to act on behalf of the relevant business. By accepting these Terms and Conditions you confirm that you have authority to represent any business or entity on whose behalf you use our Services, and that business or entity accepts and agrees to be bound by these Terms and Conditions.
2.3 You agree that you will not send or receive a Money Transfer for or in connection with any criminal or illegal source or purpose.
3. VERIFICATION OF IDENTITY
You agree to provide us with accurate and complete personal information as we may request, including: full name and surname, date of birth, valid personal identity document, current residential address, phone number, email You must keep any such information provided to us up to date. You agree on request to provide such additional information and/or documentation as we may reasonably require for the purposes of identification, or regarding the source of funds and/or purpose of Money Transfers.
3.1 Corporate clients should provide us with business full name, registration number and country, business description, website (if any), the source of funds and purpose of transfers and also valid personal information of shareholders, directors, authorised persons and business address, phone number and email address. You must keep all the information up to date and inform us immediately upon any of it changing. The business agrees on request to provide such additional information and/or documentation as we may reasonably require for the purposes of identification, or regarding the source of funds and purpose of Money Transfers.
3.2 We are required by law to carry out all necessary security and customer due diligence checks on you (including any parties involved in your transaction for example, the Receiver) in order to register and provide any Services to you.
3.3 You agree to comply with the anti-money laundering, security validation and verification requests from us received by providing such information to us as is required in accordance with the Money Laundering Regulations.
3.4 We may make inquiries and searches against databases in credit reference agencies or any third party we consider necessary to validate the information you provide to us in order to assist in verifying your identity or prevent or detect fraud. The credit reference agencies will record details of the search type “identification” whether or not this application for registration proceeds.
3.5 You agree that we may use information about you to comply with our anti-money laundering, security validation and verification responsibilities, to provide our Services and to manage our relationship with you. Verification searches may be repeated from time to time to comply with recordkeeping requirements and keep your information up to date.
3.6 If we cannot find or verify the necessary information under Clause 3, we may require you to provide additional or alternative documents.
3.7 It is your responsibility to let us know if there are inaccuracies or changes to your personal information. All changes can be done via the Opal Transfer Online Platform or Mobile App. Also, you can notify us via email: manager@opaltransfer.com and info@opaltransfer.com, or by calling our Call Centre at: +44 207 022 0995.
4. MEANS OF COMMUNICATION
4.1 We will usually contact you regarding Services via the email address provided by you. For this purpose, you must ensure that Opal Transfer holds a valid email address for you at all times.
4.2 Where appropriate, we may use other ways to contact you including by telephone, using notifications via Opal Transfer Online Platform or Mobile App or by post. If you provide us with a mobile phone number, we may also communicate with you via text message (SMS).
4.3 You need to maintain or check your email and other methods of communications regularly for emails or other communications about your Money Transfers and our Services. We will not be liable for any consequences or loss if you do not do this.
4.4 You may give notice to us via the Opal Transfer Online Platform, our Mobile App, email at manager@opaltransfer.com and info@opaltransfer.com, or by post to 27 Clement's Lane, London, EC4N 7AE.
4.5 These Terms and Conditions are in the English language. Documents or communication in any other languages may be provided but these are solely for your convenience. Only the English language version of them is official.
5. SENDING A PAYMENT
5.1 We will consider that you have given us consent to execute Money Transfer Order if you give us a clear instruction via the Opal Transfer Online Platform, our Mobile App (both of which will require you to provide your Login Details), via phone conversation to our Call Centre (in which case you will be required to pass authentication) and provide us with full Deposit for the Money Transfer.
5.2 You must provide us with information that clearly identifies:
(a) the Receiver; and/or
(b) the account number, International Bank Account Number or Bank Identifier Code of the Receiver's payment account (if they have one).
as well as with any other relevant information we reasonably require executing the Money Transfer.
6. TIMING
6.1 If we receive your Money Transfer Order, full Deposit for the Money Transfer, and all the information and documentation we require for execution on a Business Day before the Cut-off time, we will execute your Money Transfer and send it to Receiver’s Payment Service Provider on the same Business Day.
6.2 The funds will usually reach the account of your Receiver on the same or next Business Day. The maximum delivery time for Money Transfers is as follows:
6.2.1 The end of the Business Day following the Business Day of receipt (or deemed receipt, see 6.4 below) of a Money Transfer Order provided the Money Transfer:
(a) is in Euro; or
(b) is executed wholly within the United Kingdom in Sterling; or
(c) involves only one currency conversion between Euro and Sterling that is;
(i) carried out in the United Kingdom; or
(ii) where there is a cross-border payment, the cross-border transfer is in Euros;
6.2.2 The end of the fourth Business Day after receipt (or deemed receipt) of the Money Transfer Order where the Money Transfer Order does not fall within 6.2.1(a) - 6.2.1(c) above but is to be executed wholly within the European Economic Area.
6.2.3 Transfers out of the European Economic Area may take up to five Business Days from the Business Day on which the Money Transfer Order is received (or deemed received).
6.3 Money Transfer Order Cut-off times vary depending on different currencies and time zones. You can find more information available on our Website, the Opal Transfer Online Platform, or our Mobile App.
6.4 If we receive your Money Transfer Order, Deposit and all necessary information and/or documentation after the Cut-off time on a Business Day, we will deem the Money Transfer Order as received on the following Business Day. The execution timings will be calculated by reference to the deemed receipt of a Money Transfer Order.
6.5 If you submit a Money Transfer Order without also providing the full Deposit, and all information and documentation we require to execute a payment, then such a Money Transfer Order will not be considered received (and will be deemed incomplete) until you provide the full Deposit and any missing information or documentation.
6.6 If, having submitted an incomplete Money Transfer Order, you do not provide (as applicable) the full Deposit, or the necessary information or documentation within 48 hours, your Money Transfer Order will be canceled.
6.7 You cannot amend or cancel your instruction to us after the Money Transfer Order has been executed and/or paid out. You may withdraw your consent to a Money Transfer Order at any time up to the point at which we execute it.
7. ALLOWANCES AND LIMITS
7.1 For legal and security reasons, certain allowances may be applied to your Money Transfer Order depending on identification and verification checks, your country of residence or other legal/security considerations. Where applicable, we will provide details of these allowances on our Website. Apart from standard allowances, Opal Transfer reserves the right to request additional information and/or documentation, when necessary.
7.2 Certain limits may be applied to ways of payment type used for Deposit acceptance (Payment types: By Card or By Bank Transfer). Please contact us if you have any questions about these limits.
8. FEES AND CHARGES
8.1 A fee will be payable for Money Transfers under these Terms and Conditions which will be determined by reference to the destination country of the Money Transfer. You can find details of the fees applicable to Money Transfers by destination country on our Website, the Opal Transfer Online Platform, Mobile App, by phoning us or visiting our branch. The fee applicable to a Money Transfer will be displayed before you perform a calculation on our Website, before you confirm an instruction on the Opal Transfer Online Platform and our Mobile App. If you submit a Money Transfer Order by phone or visit our branch, our customer service representative will tell you the applicable fee before seeking your confirmation.
8.2 All information regarding fees and charges will be displayed on your Money Transfer Receipt and where applicable, a breakdown of the amounts of any fees or charges will be provided to you.
9. EXCHANGE RATES
9.1 Our exchange rates are available in our branches, from our Call Centre operators, on our Website, the Opal Transfer Online Platform, and our Mobile App.
9.2 Our exchange rates are recalculated periodically throughout the day. The exchange rate applicable to a Money Transfer Order is set when we receive it, and will be displayed on the Money Transfer Receipt. If you submit a Money Transfer Order by way of our Website, the Opal Transfer Online Platform or our Mobile App, the exchange rate that will apply to the Money Transfer Order will be displayed before you confirm your instruction. If you submit a Money Transfer Order by phone, our customer service operator will tell you the applicable rate before seeking your confirmation.
9.3 If you submit an incomplete Money Transfer Order, we will hold the exchange rate applicable as at the point the incomplete submission was made for the 48 hours you have under Clause 6.5 to provide the Deposit and/or missing information or documentation necessary to render the Money Transfer Order complete. If we do not receive the full Deposit and/or missing information or documentation for a Money Transfer Order within 48 hours, your instruction will be canceled and any further attempt to complete the Money Transfer Order will be treated as a new submission.
9.4 If the relevant mid-market rate (as provided by an independent third-party source) changes by 5% or more during the 48-hour period referred to at 9.3, we may, at our discretion, suspend cancel the Money Transfer Order and refund any Deposit you have sent to us.
10. SECURITY
10.1 You must use the Payment Instrument in accordance with these Terms and Conditions.
10.2 You must take all reasonable steps to keep your Login Details secure.
10.3 You must change your password and PIN regularly and ensure that it is not used to access other online accounts.
10.4 You must keep your e-mail account secure. You may reset your Opal Transfer Online Platform or Mobile App password using your email address.
10.5 You must notify Opal Transfer without delay if anyone asks for your Login Details or you become aware of the loss, theft or unauthorised use of the Payment Instrument, Login Details or email address by calling our Call Centre +44 207 022 0995, and we will take immediate steps to try to prevent these from being used. Any delays in notifying us may affect the security of your Opal Transfer profile and also result in you being responsible for financial losses.
10.6 You must not let anyone access your Opal Transfer profile via the Opal Transfer Online Platform or our Mobile App, or watch you accessing it.
10.7 You must not use any functionality that allows your Login Details to be stored by the computer or browser you are using, or to be cached or otherwise recorded.
10.8 Opal Transfers transmits, stores and process all personal information in a secure encrypted way to guard against risks of unauthorised access, disclosure and alteration of sensitive information. We do not disclose your details to anyone except when legally required to do so and as specified in points 3.5, 3.6 and 14.6 of these Terms and Conditions.
10.9 Opal Transfer has the right to stop the use of a Payment Instrument on any reasonable grounds relating to the security of the Payment Instrument, or the suspected unauthorised or fraudulent use of the Payment Instrument.
10.10 If we have reasonable concerns either about the security of your Opal Transfer Login details, or any suspected or actual fraudulent use of your profile via the Opal Transfer Online Platform or our Mobile App, we will contact you as soon as possible via telephone, email or both (unless contacting you would be unlawful or compromise our reasonable security measures).
10.11 Where Opal Transfer is unable to inform the Payment Services User before carrying out any measures to stop the use of the Payment Instrument, we will do so immediately after (unless contacting you would be unlawful or compromise our reasonable security measures).
11. REFUSAL OF MONEY TRANSFER ORDERS
11.1 Opal Transfer reserves the right to refuse to accept any transaction at its discretion, for example, where there are reasonable grounds to suspect money laundering, terrorist financing, fraud or any other unlawful or criminal activity.
11.2 Opal Transfer has the right to refuse Money Transfer Orders, where the source of the funds or purpose of the Money Transfer appears on (or is related to an item on) Opal Transfer’s ‘List of Banned Industries’.
11.3 Where Opal Transfer refuses to execute a Money Transfer Order, we will provide you with the reasons for such refusal in an agreed manner of communication and at the earliest opportunity.
11.4 Opal Transfer is not required to notify you about (or the reasons for) the refusal of a Money Transfer Order where such notification would be unlawful.
12. ERRORS AND REFUNDS
12.1 If you notice an error (incorrect information, underpayment or overpayment) in Money Transfer Order, or you wish to cancel a Money Transfer or request a refund for your Deposit then you should immediately notify us, but no later than 13 months of its execution date by calling our Call Centre, via the Opal Transfer Online Platform or via our Mobile App. You can also notify us via email at manager@opaltransfer.com or info@opaltransfer.com.
12.2 You can cancel a Money Transfer Order free of charge and request a full refund prior to its execution e.g., before payment has been sent to Receiver’s Payment Service Provider.
12.3 In the case of an overpayment, we will immediately notify you via the means of communication described in Clause 4. You agree to liaise with us to recover any overpayment from you, your Receiver and Receiver’s Payment Service Provider.
12.4 After receiving your Consent, we are liable to you for the correct and timely execution of Money Transfer Orders under these Terms and Conditions.
12.4.1 If you identify that we have not executed or executed defectively a Money Transfer Order you should notify us without undue delay (and in any event, within 13 months of its execution or, in the case of a non-execution, its intended execution). Provided you make such notification we will immediately and without charge:
(a) make efforts to trace any non-executed or defectively executed payment transaction; and notify you of the outcome;
(b) we will make a refund to you without due delay of the Deposit amount received from you for the non-executed or defectively executed Money Transfer Order and, where applicable, restore you to the position you would have been in had the defective execution not taken place.
12.3.2 Where a Money Transfer Order is executed late and exceeds maximum execution time (Clause 6.2), we will on your request contact the Receiver’s Payment Service Provider and ensure that the credit value date for the funds is as it would have been had it been executed correctly.
12.5 If a Money Transfer Order is executed incorrectly due to the provision by you of incorrect information, we will, at your request, make reasonable efforts to amend the transfer or recover the funds. We may charge you fee up to a maximum of £35 (or equivalent in another currency) for undertaking such efforts and for the costs we have incurred. You will be asked pay the fee, before we seek to initiate the amendment or recover the funds.
12.6 If a Money Transfer Order is already executed, and refused by a Receiver’s Payment Service Provider, we will on your request refund you the Principal Amount, exclusive of the transfer fee. We may retain the amount of any fees paid in respect of the Money Transfer Order as reflects the costs we have incurred.
12.7 For cancellation or refund request, we may ask to provide a means of identification, as described in Clause 3.
13. UNAUTHORISED TRANSACTIONS
13.1 You need to let us know immediately on becoming aware of any unauthorised or incorrectly executed Money Transfer, no later than 13 months of its execution date. You can inform us by calling our Call Centre, via the Opal Transfer Online Platform or our Mobile App, or you can notify us via email at manager@opaltransfer.com or info@opaltransfer.com. We will start an investigation as soon as practicable, and no later than the end of the Business Day after you notify us and will inform you about the further actions.
13.2 We do not store information about payment type for Money Transfer Deposits on our Mobile App or Online Platform. In case of unauthorised transaction, you need to inform your payment type issuer about any unauthorised transaction arisen to find your possibilities to receive a refund.
13.3 You will be liable for all losses incurred in respect of an unauthorised Money Transfer Orders and not entitled to any refund:
(a) if you have acted fraudulently; or
(b) if you do not quickly notify us of security issues or abuse on the Payment Instrument or theft/loss of your Login Details. You remain liable for losses incurred until you notify us; or
(c) if the Money Transfer Order was unauthorised, but you have with intent or gross negligence compromised the security of your Login Details or failed to comply with your obligations to use the Payment Instrument or Mobile App, or keep your Login Details secure in the manner set out in these Terms and Conditions.
13.4 You are eligible for a refund from us and shall have no liability:
13.4.1 If you experience losses because of an unauthorised Money Transfer Order that occurs after you notified us that the Payment Instrument or your Login Details had been compromised, lost or stolen in a timely manner (Clause 10.5);
13.4.2 If you experience losses because of the loss, theft or misappropriation of your Login Details and the unauthorised use of the Payment Instrument was caused by the acts or omissions of us or our employees or agents.
13.5 If the Clause 13.4 applies, and losses have arisen to you from an unauthorised Money Transfer Order we will as soon as practicable, and no later than the end of the Business Day after you notify us, refund to you the Principal Amount and all fees deducted by us. This obligation to make refund shall not apply where the investigation is ongoing or we have reasonable grounds to suspect fraudulent behaviour on your part and notify the relevant authorities (Clause 13.3).
14. GENERAL
14.1 We are not obliged to perform our obligations if abnormal and unforeseeable circumstances beyond our control prevent us from doing so.
14.2 Neither these Terms and Conditions nor any transaction carried out under them shall confer contractual or other rights on, or be enforceable against us by, any party other than you.
14.3 We are not liable for any losses not directly associated with any incident that may cause you to claim us, nor are we liable for loss of profits, loss of business, loss of goodwill or any form of special damages.
14.4 No compensation is available from the Financial Services Compensation Scheme if we are unable to meet our obligations. Our relationship with you is not that of a bank or trustee..
14.5 Safeguarding Measures are applied to all relevant funds, which are segregated and kept separately from the company’s funds, ensuring that, in the event of insolvency, relevant funds still held with us would be used to repay you following- the Payment Services Directive and the UK Payment Services Regulations 2017. The relevant funds are all Deposits that Opal Transfer has received from you, but where a Money Transfer Order has not yet been executed to the Receiver’s Payment Service Provider.
14.6 We may disclose information about you to third parties, including a Receiver, or intermediaries in the course of providing our Services as required by Wire Transfer Regulation (EU) 2015/847 and the United Kingdom law: The Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017. We may disclose your information to third parties with whom: we share information for anti-money-laundering, to prevent and detect fraud or crime, for security verification or validation purposes; regulatory and prosecuting authorities, and law enforcement agencies in response to a request, warrant, court order, or as otherwise required by law. That may involve transferring information to countries outside the EEA..
15. LAW AND JURISDICTION
These Terms and Conditions and all matters arising from or connected with them are governed by English law. The courts of England have exclusive jurisdiction to settle any dispute arising from, or connected with, these Terms and Conditions (including a dispute regarding their existence, validity or termination or relating to any non-contractual or other obligation arising out of or in connection with them) or the consequences of their nullity.
16. COMPLAINTS
16.1 Please tell us if you have any problems with our service by calling us at telephone numbers +44 207 022 0995, +44 207 828 4222, or email at manager@opaltransfer.com.
16.2 We will seek to resolve your complaint as quickly as possible.
16.3 If you are not happy with our response, or if we have not finished investigating your complaint and given our final response after 15 Business Days, you may, subject to fulfilling eligibility requirements, refer your complaint to The Financial Ombudsman Service, Exchange Tower, London, E14 9SR, using the telephone numbers: +44 300 123 9 123 and +44 800 023 4567 or email at complaint.info@financial-ombudsman.org.uk.
17. CHANGES AND TERMINATION
17.1 The latest version of Terms and Conditions is available on our Website.
17.2 If we make a change to these Terms and Conditions (including any fees payable) or information that governs your relationship with Opal Transfer, we will provide you with at least two months’ prior written notice by email, Website, or via the Opal Transfer Online Platform, together with the date on which the changes will take effect. If we do not hear from you during the notice period, you will be considered as having accepted the proposed changes, and they will apply to you from the effective date specified on the notice. You can terminate your relationship with Opal Transfer immediately by providing notice to us during the period, as described in Clause 17.4.
17.3 You have the right at any time, during the course of our relationship, to request us providing to you with the current Terms and Conditions.
17.4 You may terminate your relationship with Opal Transfer Ltd and these Terms and Conditions at any time by providing us with notice via the Opal Transfer Online Platform, our Mobile App, by email at manager@opaltransfer.com, info@opaltransfer.com, by post to 27 Clement's Lane, London, EC4N 7AE, or calling to our Call Centre at +44 207 022 0995.
17.5 Subject to Clause 17.6, we may terminate our relationship with you and these Terms and Conditions on at least two months’ prior written notice.
17.6 We may suspend your ability to use a Payment Instrument and/or terminate the relationship with you without notice in certain circumstances, if:
(a) The period from the last Money Transfer Order made by you with us is six years or more;
(b) Source of the funds or purpose of the Money Transfer Order is related to Opal Transfer ‘List of Banned Industries’ and restricted business activities.
(c) You breach any provision of these Terms and Conditions or documents referred to in these Terms and Conditions.
(d) We have a suspicion that there is a security breach of the Payment Instrument, suspected unauthorised or fraudulent use of the Payment Instrument or Login Details.
(e) We are requested or directed to do so by any competent court of law, government authority, public agency, or law enforcement agency.
(f) We have a suspicion that you are in breach of any applicable law or regulation; or
(g) We have a suspicion that you are involved in any fraudulent activity, money laundering, terrorist financing, or other criminal or illegal activity.
17.7 We are obliged to keep records about you and your transactions for the period of up to six years from the date when your relationship with Opal Transfer was terminated or the last transaction was made.
18. ACCESS TO INFORMATION
18.1 Subject to General Data Protection Regulation (EU) 2016/679 and the United Kingdom law: Data Protection Act 2018, you are entitled to request any information that we hold about you during our relationship, by submitting a written form: ‘Subject Access Request’ to our Data Protection Officer via email at dpa@opaltransfer.com or by post to 27 Clement's Lane, London, EC4N 7AE. However, any written request received from you via the Opal Transfer Online Platform or our Mobile App will be considered as a valid request to which we aim to respond to such request within 30 days.
18.2 We may restrict the amount of information we provide if it is necessary and proportionate to:
(a) avoid obstructing an official or legal inquiry, investigation, or procedure;
(b) avoid prejudicing the prevention, detection, investigation, or prosecution of criminal offenses or the execution of criminal penalties;
(c) protect public security;
(d) protect national security; or
(e) protect the rights and freedoms of others.
19. ADDITIONAL DOCUMENTS
These Terms and Conditions refer to the following additional documents, which also apply to your use of our Services:
19.1 Our Privacy Policy sets out the terms on which we process, maintain, and disclose any personal data or information we collect about you or that you provide to us by using the Opal Transfer Website. By using our Services, you consent to such processing, and you promise that all data provided by you is accurate.
19.2 Our Cookies Policy sets out information about the ‘cookies’ on our Website.
Opal Transfer Ltd,
Last Updated: 14th of January 2021
Opal Transfer EU, UAB Terms and Conditions
Effective from the 1st of January 2021
The following Terms and Conditions (T&C) are the business conditions and procedures for providing services of Opal Transfer EU, UAB company code 305026817, company address Konstitucijos pr. 21A, Vilnius, Lithuania.
These T&C apply to all relationships between Opal Transfer EU, UAB, as a Company, and the Client that arises from the provision of Services.
Our electronic money institution license is issued by the Bank of Lithuania, authorization code LB001915 license number 58, dated 2019-10-03. We are supervised by the Bank of Lithuania located at Gedimino pr. 6, LT-01103, Vilnius, Lithuania, with telephone number: +370 800 50 500. You can find more information about the Bank of Lithuania here: https://www.lb.lt/en/. Data about us is collected and stored at the Register of Legal Entities of the Republic of Lithuania.
As used in our Terms and Conditions, the terms:
“Opal Transfer”, referred to as the “Company”, “we”, “us” or "our” means Opal Transfer EU, UAB.
“Account” means the collection of details, transactions, and profile settings that make up your personal profile with Opal Transfer EU, UAB, allowing you to create Money Transfer Orders, monitor your transactions, and communicate with us.
“E-money” means electronic money as it is described in the Law on Electronic Money and Electronic Money Institutions of the Republic of Lithuania.
“E-money services” mean services related to the electronic money issuance, provision of payment services, and ancillary services closely related to the issuance of electronic money and/or provision of payment services, as it is described in the Law on Electronic Money and Electronic Money Institutions of the Republic of Lithuania and the Republic of Lithuania Law on Payments.
“Client” referred to by “you” or “your” means a natural or legal person who uses the Services provided by Opal Transfer EU, UAB.
“Relationship” means a business, professional, or commercial relationship of the Company with a Client that is expected, at the time when entering such a relationship, to have an element of duration.
“Business Day” means a day on which Opal Transfer and/or the money transfer destination firm/bank and any intermediary bank are open for business (and which is not a Saturday or Sunday, or a public holiday in Lithuania or in the destination country).
“Call Centre” means that you can contact us by phone. Phone calls can take place at the times published on our Website.
“Cut-off time” means the latest time on a Business Day that a Money Transfer Order may be submitted to be deemed received on that day for the purposes of execution. If the Money Transfer Order is submitted after this time, it will be deemed received the following Business Day. The Cut-off time for Money Transfer Orders under these Terms and Conditions is determined by reference to the destination country. You can check the Cut-off times applicable to Money Transfer Orders by destination country on our Website, Mobile App, or the Opal Transfer Online Platform.
“Consent” means clear instruction for initiating Money Transfer Order and Deposit of funds for the Money Transfer by providing necessary Login Details, passing the authentication measures, and/or other identity verification means.
“Deposit” means funds used for the Money Transfer Order to be paid either by card or by bank transfer.
“Login Details” means the customer number/email and password or PIN required in order to access the Opal Transfer Online Platform or Mobile App.
“Mobile App” means the Opal Transfer Mobile App that can be downloaded from the App Store, Google Play to your mobile devices, such as a smartphone or tablet computer.
“Money Transfer” means a transfer of money instructed by you under these Terms and Conditions.
"Money Transfer Order” means an instruction made by you to us requesting the execution of a Money Transfer.
“Money Transfer Receipt" means written confirmation of our acceptance of a Money Transfer Order, issued upon our receipt of the necessary information and full Deposit.
“Money Laundering Regulations” means Directive (EU) 2015/849 and Directive (EU) 2018/843 of the European Parliament and of the Council, and the Law on the Prevention of Money Laundering and Terrorist Financing of the Republic of Lithuania, as amended from time to time.
“Opal Transfer Online Platform” or “Website” means the online platform owned and operated by Opal Transfer to provide Services to you under these Terms and Conditions currently found at the URL www.opaltransfer.com.
“Payment Instrument” means any payment instrument linked to the Opal Client Account, which allows to perform Payment Operations.
“Payment Service Provider” means a bank, recipient bank, intermediary bank, or other Payment Service Provider, as defined in the Payment Services Directive (PSD2) and Electronic Money and Electronic Money Institutions by the Law of Lithuania on 22 December 2011, No XI-1868, (as last amended on 27 June 2018 – No XIII-1303), and as amended from time to time.
“Principal Amount” means the amount of a Money Transfer, exclusive of the transfer fee.
“Sender” means a private or legal person who allows a Transfer Order from the payment account.
“Receiver” means the private or legal person meant to receive the funds as per the Transfer Order.
“Services” means all services and related products available through the Opal Transfer EU, UAB Website, or Mobile App.
“System” means a software solution on Opal Transfer Online Platform, Mobile App, and web pages, developed by Opal Transfer and used for the provision of the Opal Transfer Services.
“Strong Customer Authentication” means authentication that requires two or more of the following elements: a) categorized as knowledge (something only you know); b) possession (something only you possess); c) inherence (something that is particular to you alone).
“Third-party” means a financial institution or another entity, as defined in the Law on the Prevention of Money Laundering and Terrorist Financing of the Republic of Lithuania, as well as a financial institution or another entity registered in another EEA Member State or one that is not an EEA Member State (third country).
1. SERVICES
1.1 The services we provide:
a) E-money account opening, sending, and receiving of Money transfers and electronic banking services.
b) Issuing of payment instruments.
2. ELIGIBILITY
2.1 To be eligible for our Services, you must be at least 18 years old. You further represent and warrant that if you are an individual that has registered with us, you are not acting on behalf of an undisclosed person.
2.2 If the Services under these Terms and Conditions are to be provided to a business rather than to you, in your personal capacity, you must have the authority to act on the behalf of that relevant business. By accepting these Terms and Conditions, you confirm that you have authority to represent any business or entity on whose behalf you use our Services and that business or entity accepts and agrees to be bound by these Terms and Conditions.
2.3 You agree that you will not send or receive a Money Transfer for or in connection with any criminal or illegal source or purpose.
2.4 To use your Account, you will need to sign up through the Mobile App and/or Opal Transfer Online Platform.
3. VERIFICATION OF IDENTITY
3.1 You agree to provide us with accurate and complete personal information as we may request, including full name and surname, date of birth, valid personal identity document, current residential address, phone number, and email address. You must keep any such information provided to us up to date and inform us immediately upon any of its changes. You agree on request to provide such additional information and/or documentation as we may reasonably require for the purposes of identification, or regarding the source of funds and/or purpose of Money Transfers.
3.2 Corporate Clients should provide us with full business name, registration country, and company number, business address, business description, website (if any), contact information such as phone number and email address, the source of funds and purpose of transfers, and also valid personal information of shareholders, directors, authorised persons. You must keep all the information up to date and inform us immediately upon any of it changing. The business agrees on request to provide such additional information and/or documentation as we may reasonably require for the purposes of identification, or regarding the source of funds and purpose of Money Transfers.
3.3 We are required by law to carry out all necessary security and customer due diligence checks on you (including any parties involved in your transaction, for example, the Receiver) in order to register and provide any Services to you.
3.4 You agree to comply with the anti-money laundering, security validation, and verification requests received from us by providing us with all information required in accordance with the Money Laundering Regulations.
3.5 We may make inquiries and searches against databases in credit reference agencies or any third party we consider necessary to validate the information you provide to us to assist in verifying your identity and prevent or detect fraud.
3.6 You agree that we may use information about you to comply with our anti-money laundering, security validation, and verification responsibilities, to provide our Services, and to manage our relationship with you. Verification searches may be repeated from time to time to comply with recordkeeping requirements and keep your information up to date.
3.7 If we cannot find or verify the necessary information under Clause 3, we may require you to provide additional or alternative documents.
3.8 It is your responsibility to let us know if there are inaccuracies or changes to your personal information. All the changes can be done via the Opal Transfer Online Platform or Mobile App. Also, you can notify us via email at info@opaltransfer.com, or by calling our Call Centre at +3705 214 3900.
4. ISSUING AND REDEEMING ELECTRONIC MONEY
4.1 According to the Terms and Conditions, the Opal Transfer Account is opened for the Client in the System for an indefinite period of time. The Client can open an Opal Transfer Account free of charge. The Opal Transfer Account can be opened only for the Clients whose identity was duly verified by the Company.
4.2 Funds held on the Client's Account are considered E-money, which Opal Transfer EU, UAB issues after the Client transfers or deposits money to their Opal Transfer Account.
4.3 You may ask to redeem your E-money by generating a Transfer Order to move funds from your Account to any other account you choose.
4.4 We have the right to apply limitations on E-money redemption if the Money Transfer is impossible to be performed for justified reasons. For instance, we do not transfer to countries or entities subject to sanctions published by the European Union, the Office of Foreign Assets Control (OFAC) of the USA, and other relevant organizations.
4.5 You may cancel your Account up to up to 14 calendar days after the date of activation (“cancellation period”), by calling our Call Centre and speaking to customer services.
4.6 Upon the termination of these T&C and closing of the Account, the funds held in the Client’s Account are transferred to another account that is specified by the Client and held in the Client’s name by credit or electronic money institution.
4.7 Once all the funds held in the Client Account are redeemed and the Account is closed, these T&C will terminate. However, if paragraph 4.8 applies to your Account, then your Account will remain active, and your Agreement will continue to apply to you until there is no money outstanding on your Account.
4.8 If we find any additional withdrawals, fees, or charges incurred on your Account following the processing of the redemption request, we'll send an itemised invoice to you, and we will require you to refund us immediately after receiving the invoice. Should you not repay this amount immediately after receiving an invoice from us, we reserve the right to take all steps necessary, including legal action, to recover any monies outstanding.
4.9 We do not, under any circumstances, pay any interest for E-money held on the Account, or provide any other benefits associated with the period of time the E-money is stored.
5. STRONG CUSTOMER AUTHENTICATION
5.1 We apply Strong Customer Authentication when you, as the Sender:
a) access your Mobile App or Opal Transfer Online Platform;
b) initiate a Money Transfer;
c) carry out any action through a Mobile app and/or Online Platform which might suggest a risk of fraud or other abuses.
5.2 The Client can manage the Opal Transfer Account by logging in to the Account with their Login Details and carrying out additional authentication (Strong Customer Authentication).
6. MEANS OF COMMUNICATION
6.1 We will usually contact you regarding Services via the email address provided by you. For this purpose, you must ensure that Opal Transfer holds a valid email address for you at all times.
6.2 Where appropriate, we may use other ways to contact you, including by telephone, using notifications via Opal Transfer Online Platform, or Mobile App or by post. If you provide us with a mobile phone number, we may also communicate with you via text message (SMS).
6.3 You need to maintain or check your email and other means of communications for messages about your Money Transfers and our Services. Communication presented in any of the ways mentioned in Clauses 6.1 and 6.2 will be considered as properly submitted. It is considered that you have received notification within 24 hours after being communicated. Opal Transfer will not be liable for any consequences or losses resulting from you not maintaining or checking the outlined methods of communication.
6.4 You may give notice to us via the Opal Transfer Online Platform, our Mobile App, email at info@opaltransfer.com, or phone conversation with our Call Centre.
6.5 These Terms and Conditions are in the English language. Documents or communications in any other languages may be provided, but these are solely for your convenience. Only their English language versions are official.
7. SENDING A PAYMENT
7.1 We will consider that you have given us Consent to execute a Money Transfer Order if you give us clear instruction via the Opal Transfer Online Platform, our Mobile App (both of which will require you to provide your Login Details), or via phone conversation to our Call Centre (in which case you will be required to pass authentication). You must provide us with information which clearly identifies:
(a) the Receiver; and
(b) the account number, International Bank Account Number, or Bank Identifier Code of the Receiver's payment account (if they have one),
as well as any other relevant information we reasonably require in order to execute the Money Transfer.
8. TIMING
8.1 If we receive your Money Transfer Order, full Deposit for the Money Transfer, and all the information and documentation we require for execution on a Business Day before the Cut-off time, we will execute your Money Transfer and send it to Receiver’s Payment Service Provider on the same Business Day.
8.2 If we receive your Money Transfer Order, Deposit, and all necessary information and/or documentation after the Cut-off time on a Business Day, we will deem the Money Transfer Order as received on the following Business Day.
8.3 The funds will usually reach the account of your Receiver on the same or next Business Day. The maximum delivery time for Money Transfers is as follows:
8.3.1 The end of the Business Day following the Business Day of receipt (or deemed receipt, see Clause 8.3 above) of a Money Transfer Order provided the Money Transfer is:
(a) in EUR, PLN, BGN, RON, CZK currencies; or
(b) executed wholly within the United Kingdom in Sterling; or
(c) involves only one currency conversion between Euro and Sterling that is carried out in the United Kingdom.
8.3.2 The end of the fourth Business Day after receipt (or deemed receipt) of the Money Transfer Order where the Money Transfer Order does not fall within 8.3.1(a)- 8.3.1(c) above but is to be executed wholly within the European Economic Area.
8.3.3 Transfers out of the European Economic Area may take up to five Business Days from the Business Day on which the Money Transfer Order is received (or deemed received).
8.4 Money Transfer Order Cut-off times vary depending on different currencies and time zones. You can find more information is available on our Website, the Opal Transfer Online Platform, or our Mobile App.
8.5 If you submit a Money Transfer Order without also providing the full Deposit and all information and documentation we require to execute a payment, then such a Money Transfer Order will not be considered received (and will be deemed incomplete) until you will provide us with the full Deposit and any missing information or documentation.
8.6 If, having submitted an incomplete Money Transfer Order, you do not provide (as applicable) the full Deposit, or the necessary information or documentation within 48 hours, your Money Transfer Order will be cancelled.
8.7 You cannot amend or cancel your instruction to us after the Money Transfer Order has been executed and/or paid out. You may withdraw your consent to a Money Transfer Order at any time up to the point at which we execute it. You should contact us by calling at our Call Centre and receive the confirmation that your instructions for the Money Transfer execution were cancelled by us.
9. ALLOWANCES AND LIMITS
9.1 For legal and security reasons, certain allowances may be applied to your Money Transfer Order depending on identification and verification checks, your country of residence, or other legal/security considerations. Where applicable, we will provide details of these allowances on our Website. Opal Transfer reserves the right to request additional information and/or documentation, where necessary, to establish the applicable allowances.
9.2 Certain limits may may be applied to payment types used for Deposit acceptance (payment types: by card or by bank transfer). Please contact us if you have any questions about these limits.
9.3 We reserve the right to change the limits, reject payments, or request additional supporting Account documentation at any time.
10. FEES AND CHARGES
10.1 A fee will be payable for Money Transfers under these Terms and Conditions, which will be determined by reference to the destination country of the Money Transfer. You can find details of the fees applicable to Money Transfers by destination country on our Website, the Opal Transfer Online Platform, Mobile App, or by calling to Call Centre. The fee that applies to a Money Transfer will be displayed before you perform a calculation (ie check the rate and fees) on our Website, before you confirm an instruction on the Opal Transfer Online Platform and our Mobile App. If you submit a Money Transfer Order through the Call Centre, our customer service representative will inform you of the applicable fees before seeking your confirmation.
10.2 All information regarding the fees and charges will be displayed on your Money Transfer Receipt, and where applicable, a breakdown of the amounts of any fees or charges will be provided to you.
11. EXCHANGE RATES
11.1 Our exchange rates are available on our Website, the Opal Transfer Online Platform, and our Mobile App.
11.2 Our exchange rates are recalculated periodically throughout the day. The exchange rate applicable to a Money Transfer Order is set when we receive it, and will be displayed on the Money Transfer Receipt. If you submit a Money Transfer Order by way of our Website, the Opal Transfer Online Platform or our Mobile App, the exchange rate that will apply to the Money Transfer Order will be displayed before you confirm your instruction. If you submit a Money Transfer Order through the Call Centre, our customer service operator will inform you about applicable rate before seeking your confirmation.
11.3 If you submit an incomplete Money Transfer Order, we will hold the exchange rate applicable as at the point the incomplete submission was made for 48 hours. As outlined in Clause 8.5, to render the Money Transfer Order complete, you will have to provide the Deposit and/or missing information or necessary documentation. If we do not receive the full Deposit, and/or missing information, or documentation for a Money Transfer Order within 48 hours, your submission will be cancelled and any further attempt to complete the Money Transfer Order will be treated as a new submission.
11.4 If the relevant mid-market exchange rate (as provided by an independent third-party source) changes by 5% or more during the 48-hour period referred to in Clause 11.3, we may, at our discretion, suspend or cancel the Money Transfer Order and refund any Deposit you have sent to us.
12. SECURITY
12.1 You must use the Payment Instrument per these Terms and Conditions and take all reasonable steps to keep your Login Details secure.
12.2 You must keep any provided or created Login Details and any other personalized security features of Payment Instrument and other Client-related information confidential. This confidential information should be protected from and not disclosed to unauthorised third persons. You also must not allow other persons to use Services under your name, including not letting anyone access your Opal Transfer Account via the Opal Transfer Online Platform or our Mobile App.
12.3 In case you fails to comply with the requirement outlined in Clause 12.2, you fully assume the loses and undertake to reimburse the loses of other persons incurred due to your actions indicated in Clause 12.2 or your failure to act.
12.4 You must change your password and PIN regularly. You may reset your Opal Transfer Online Platform or Mobile App password using your email address. The email address used by you should also be kept secure. The PIN may be reset through the security settings within the Mobile App.
12.5 You must notify Opal Transfer without delay if your Login Details become known to other persons or you become aware of the loss, theft, or unauthorised use of the Payment Instrument, Login Details, or email address by calling at our Call Centre +3705 214 3900, and we will take immediate steps to try to prevent these from being used. Any delays in notifying us may affect the security of your Opal Transfer Account and also result in you being responsible for financial losses.
12.6 You must not use any functionality that allows your Login Details to be stored by the computer or browser you are using or be cached or otherwise recorded.
12.7 Opal Transfer transmits, stores, and processes all personal information in a secure encrypted way to guard against risks of unauthorised access, disclosure, and alteration of sensitive information. We do not disclose your details to anyone, except when legally required to do so, and as specified at points 3.5, 3.6, and 16.6 of these Terms and Conditions.
12.8 Opal Transfer has the right to stop the use of a Payment Instrument on any reasonable grounds relating to the security of the Payment Instrument or the suspected unauthorised or fraudulent use of the Payment Instrument.
12.9 If we have reasonable concerns, either about the security of your Opal Transfer Login details, any suspected, or actual fraudulent use of your Account via the Opal Transfer Online Platform, or our Mobile App, we will contact you as soon as possible via telephone, email, or both (unless contacting you would be unlawful or compromise our reasonable security measures).
12.10 Where Opal Transfer is unable to inform the Client before carrying out any measures to stop the use of the Payment Instrument, we will do so immediately after (unless contacting you would be unlawful or compromise our reasonable security measures).
13. REFUSAL OF MONEY TRANSFER ORDERS
13.1 Opal Transfer reserves the right to refuse to accept any transaction at its discretion, for example, where there are reasonable grounds to suspect money laundering, terrorist financing, fraud, or any other unlawful or criminal activity.
13.2 Opal Transfer has the right to refuse Money Transfer Orders, where the source of the funds or purpose of the Money Transfer appears on (or is related to an item on) Opal Transfer’s ‘List of Banned Industries’.
13.3 Where Opal Transfer refuses to execute a Money Transfer Order, we will provide you with the reasons for such refusal in an agreed manner of communication and at the earliest opportunity.
13.4 Opal Transfer is not required to notify you about (or the reasons for) the refusal of a Money Transfer Order where such notification would be unlawful.
14. ERRORS AND REFUNDS
14.1 If you notice an error (incorrect information, underpayment, or overpayment) in Money Transfer Order, you wish to cancel Money Transfer, or request a refund for your Deposit then you should immediately notify us, but no later than within 13 months of its execution date by calling at our Call Centre, via the Opal Transfer Online Platform or via our Mobile App. You can also notify us via email at info@opaltransfer.com.
14.2 You can cancel a Money Transfer Order free of charge and request a full refund prior to its execution e.g. before payment has been sent to Receiver’s Payment Service Provider.
14.3 In the case of an overpayment, we will immediately notify you via the means of communication described in Clause 6. You agree to liaise with us to recover any overpayment from you, your Receiver, and the Receiver’s Payment Service Provider.
14.4 After receiving your Consent, we are liable to you for the correct and timely execution of Money Transfer Orders under these Terms and Conditions.
14.4.1 If you identify that we have not executed or executed a Money Transfer Order defectively, you should notify us without undue delay (and in any event, within 13 months of its execution or, in the case of a non-execution, its intended execution). Provided you make such notification, we will immediately and without charge:
(a) make efforts to trace any non-executed or defectively executed payment transaction; and notify you of the outcome;
(b) we will make a refund of the Deposit amount received from you for the non‑executed or defectively executed Money Transfer Order without undue delay and, where applicable, restore you to the position you would have been in if the defective execution would have not taken place.
14.4.2 Where a Money Transfer Order is executed late and exceeds maximum execution time (Clause 8.3), we will on your request contact the Receiver’s Payment Service Provider and ensure that the credit value date for the funds is as it would have been having it been executed correctly.
14.5 If a Money Transfer Order is executed incorrectly due to the provision by you of incorrect information, we will, at your request, make reasonable efforts to amend the Money Transfer Order or recover the funds. We may charge you a fee up to a maximum of EUR 35 (or equivalent in another currency) for undertaking such efforts and the costs we have incurred. You will be asked to pay the fee before we seek to initiate the amendment or recover the funds.
14.6 If a Money Transfer Order is already executed, and refused by a Receiver’s Payment Service Provider, we will on your request refund you the Principal Amount, exclusive of the transfer fee. We may retain the amount of any fees paid in respect of the Money Transfer Order as reflects the costs we have incurred.
14.7 You are entitled to a refund from Opal Transfer of an authorised Money Transfer, which has already been executed if the following conditions are met:
14.7.1 The authorisation of the Money Transfer did not specify the exact amount.
14.7.2 The amount of the Money Transfer exceeds the amount the Client could reasonably have expected taking into account his previous spending pattern, conditions in his framework contract and other circumstances, except circumstances relating to currency exchange where the exchange rate has been agreed with the Company under the procedure laid down by the Law on Payments of the Republic of Lithuania.
14.7.3 You must provide factual elements relating to the conditions referred to in items 14.7.1. and 14.7.2. You must provide the request to refund within 8 weeks from the date on which the funds were debited. Within 10 Business Days of receiving a request for a refund, Opal Transfer will either refund the full amount of the Money Transaction or justify refusing the refund, and when the Client is a Consumer – the procedure for appealing against such a refusal.
14.8 For cancellation or refund request, we may ask to provide a means of identification, as described in Clause 3.
15. UNAUTHORISED TRANSFERS
Unauthorised Money Transfer Order means those Orders initiated without clear instruction and necessary Consent of the Client.
15.1 You need to let us know immediately on becoming aware of any unauthorised or incorrectly executed Money Transfer, and no later than 13 months of its execution date. You can inform us by calling our Call Centre, via the Opal Transfer Online Platform or our Mobile App, or you can notify us via email at info@opaltransfer.com. We will start an investigation as soon as practicable and no later than the end of the Business Day after your notification and will inform you about the further actions.
15.2 We do not store information about the cards used by the Client to execute Money Transfer Deposits on our Mobile App or Opal Transfer Online Platform. In case of unauthorised use of the relevant card, you need to inform your payment card issuer about any unauthorised Money Transfer to find your possibilities to receive a refund.
15.3 You will be liable for all losses incurred in respect of unauthorised Money Transfer Orders and not entitled to any refund:
(a) if you have acted fraudulently; or
(b) if you do not notify us in a timely manner of security issues or abuse on the Payment Instrument or theft/loss of your Login Details. You remain liable for losses incurred until such notification is received by us; or
(c) if the Money Transfer Order was unauthorised, but you have with intent or gross negligence compromised the security of your Login Details or failed to comply with your obligations to use the Payment Instrument, or keep your Login Details secure in the manner set out in these Terms and Conditions.
15.4 You are eligible for a refund from us and shall have no liability:
(a) if you experience losses because of unauthorised Money Transfer Order that occurs after you notified us in a timely manner (Clause 12.5) that the Payment Instrument or your Login Details had been compromised, lost, or stolen;
(b) if you experience losses because of the loss, theft, or misappropriation of your Login Details and unauthorised use of the Payment Instrument was caused by the acts or omissions by us or our employees.
15.5 If the Clause 15.4 applies, and losses have arisen to you from unauthorised Money Transfer Order, we will as soon as practicable, and no later than the end of the Business Day after you notify us, refund to you the Principal Amount and all fees deducted by us. This obligation to make a refund shall not apply where the investigation is ongoing or we have reasonable grounds to suspect fraudulent behaviour on your part and notify the relevant authorities (Clause 15.3).
16. GENERAL
16.1 We are not obliged to perform our obligations if abnormal and unforeseeable circumstances beyond our control prevent us from doing so. We will notify the Client about such circumstances via chosen means of communication outlined under Clauses 6.1 and/or 6.2.
16.2 Neither these Terms and Conditions nor any transaction carried out under them shall confer contractual or other rights on, or be enforceable against us by, any party other than you.
16.3 We are not liable for any indirect damages/losses, nor are we liable for loss of profits, loss of business, loss of goodwill, or any form of special damages.
16.4 Safeguarding Measures are applied to all relevant funds, which are segregated and kept separately from the Company’s funds ensuring, that in the event of insolvency relevant funds still held with us would be used to repay you in accordance with the Payment Services Directive and the Republic of Lithuania Law on Electronic Money and Electronic Money Institutions. Relevant funds are all the funds held in the Client Account as well as Deposits, which Opal Transfer have received from you, but where a Money Transfer Order has not yet been executed to the Receiver’s Payment Service Provider.
16.5 We may disclose information about you to third parties, including a Receiver, or intermediaries in the course of providing our Services as required by Wire Transfer Regulation (EU) 2015/847 and the Law on the Prevention of Money Laundering and Terrorist Financing of the Republic of Lithuania. We may disclose your information to third parties with whom we share information for: anti-money-laundering, fraud, or crime prevention and detection, security verification or validation purposes; regulatory and prosecuting authorities, and law enforcement agencies in response to a request, warrant, court order, or as otherwise required by law. That may involve transferring information to countries outside the EEA.
17. CONFIDENTIALITY
17.1 All the agreements that you conclude with us, as well as all the information and data exchanged between the Parties, are confidential. They will only be used only for these T&C and only to the extent necessary for such purposes.
17.2 If supervisory and/or law enforcement authorities request confidential information, its disclosure will not be considered a breach of the conditions above.
18. PERSONAL DATA PROTECTION
18.1 Your data is processed by us following our Privacy Policy, which you can find on our Website: www.opaltransfer.com. Please read it before you accept our terms. You will be asked to give separate consent to our Privacy Policy.
19. JURISDICTION AND COMPLAINT PROCEDURE
19.1 These Terms and Conditions and all matters arising from or connected with them are governed by Lithuanian law..
19.2 Disputes between the Parties should be solved through negotiations. If we cannot solve them this way, you can submit a complaint to us by post or email, free of charge. We will ask you to give your name, contact details, and any information that gives you reasonable cause to believe we have violated your legal rights and interests while providing our Services. If you would like to submit a complaint by email, please send it at info@opaltransfer.com.
19.3 We will investigates your complaints regarding our Services and the Terms and Conditions no later than within 15 Business Days from the reception of the complaint. We will provide you with the response to the submitted complaint via email.
19.4 In the exceptional circumstances, where we are unable to give a response within the timeframe set in Clause 19.3 due to reasons beyond our control, Opal Transfer will have the right to provide you with an interim (i.e. non-final) response by clearly stating the reasons for delaying the final response. In any case, the final response must be provided no later than within 35 Business Days from the reception of your complaint.
19.5 If you are not happy with our response, or if we have not finished investigating your complaint and given our final response within the established timeframes, you have the right to bring the claim to the courts of the Republic of Lithuania. If you are bringing the claim as a consumer (a natural person using Services to meet personal, family, or household needs), you also have the right to use an out-of-court settlement of disputes and bring the claim to the Bank of Lithuania. The eligibility requirements for referring the complaint to the Bank of Lithuania are:
19.5.1 Before applying to the Bank of Lithuania, you must apply to us as described above no later than 3 months from the day that you became aware that your rights might have been violated.
19.5.2 If you are not satisfied with our reply, or if you do not receive it within the above-established timeframes, you can apply to the Bank of Lithuania within 1 year since first contacting us. After that year, you lose the right to apply to the Bank of Lithuania to resolve the dispute.
19.5.3 Claims to the Bank of Lithuania must be submitted under the Law on the Bank of Lithuania of the Republic of Lithuania or the Law on the Protection of the Rights of Consumers of the Republic of Lithuania or an Out-of-court settlement of disputes between consumers and financial market participants, procedures indicated in the Bank of Lithuania guidelines, approved by the Bank of Lithuania Board of Directors, 26 January 2012, No. 03-23, as amended from time to time.
19.6 You may apply to the Bank of Lithuania for a dispute with us: a) via the electronic dispute settlement tool “E-Government Gateway”; b) by filling in the Consumer Application Form (the form can be found here: https://www.lb.lt/en/dbc-settle-a-dispute-with-a-financial-service-provider) and sending it to the Supervision Service of the Bank of Lithuania at Žalgirio g. 90, LT‑09303, Vilnius, Lithuania, or by email at pt@lb.lt; c) by filling out the free-form application and sending it to the Supervision Service of the Bank of Lithuania at Žalgirio g. 90, LT-09303, Vilnius, Republic of Lithuania, or by email at pt@lb.lt. You can find out more about dispute settlement procedures on the Bank of Lithuania website: https://www.lb.lt/en/dbc-settle-a-dispute-with-a-financial-service-provider#ex-1-2.
19.7 If you think that we have violated laws regulating the financial market, you have the right to file a complaint to the Bank of Lithuania. Your complaint to the Bank of Lithuania may be submitted: a) in writing to the next address: Totorių g. 4, LT-01121, Vilnius, the Republic of Lithuania or Žalgirio g. 90, LT-09303, Vilnius, the Republic of Lithuania; b) by email at info@lb.lt or pt@lb.lt; c) by fax: (85) 268 0038; d) by filling in an electronic link in the designated section of the Bank of Lithuania website; e) by any other means specified by the Bank of Lithuania.
20. CHANGES AND TERMINATION
20.1 The latest version of the Terms and Conditions is available on our Website.
20.2 Opal Transfer is entitled to modify these Terms and Conditions (including any fees payable) or information that governs your Relationship with Opal Transfer in its own discretion and without having to seek the Client’s consent. If we make any such changes, we will provide you with at least two months’ prior written notice by email, Website, or via Opal Transfer Online Platform, together with the date on which the changes will take effect. If during the notice period you do not notify us about the disagreement with the changes via the Opal Transfer Online Platform, our Mobile App or by email at nfo@opaltransfer.com, you will be considered as having accepted the proposed changes and they will apply to you from the effective date specified on the notice.
20.3 You have the right at any time during the Relationship to request us to provide you with the current Terms and Conditions, the applicable fee(s), as well as other information of the Services provided by Opal Transfer through means of communication outlined in Clause 6.1 and 6.2.
20.4 You may terminate your Relationship with Opal Transfer EU, UAB, and these Terms and Conditions at any time providing us with [one month’s] notice via the Opal Transfer Online Platform, our Mobile App, or by email at info@opaltransfer.com.
20.5 Subject to Clause 20.6, we may terminate the Relationship with you, including these Terms and Conditions, with at least two months’ prior written notice.
20.6 We may suspend your ability to use a Payment Instrument and/or terminate the Relationship with you without notice in certain circumstances, if:
(a) The period from the last Money Transfer Order made by you is six years or more.
(b) The source of the funds or purpose of the Money Transfer Order is related to Opal Transfer’s ‘List of Banned Industries’ and restricted business activities.
(c) You breach any provision provided in these Terms and Conditions or in other documents referred to in these Terms and Conditions.
(d) We have a suspicion that there is a security breach of the Payment Instrument or suspected unauthorised or fraudulent use of the Payment Instrument or Login Details.
(e) We are requested or directed to do so by any competent court of law, government authority, public agency, or law enforcement agency.
(f) We have a suspicion that you are in breach of any applicable law or regulation; or
(g) We have a suspicion that you are involved in any fraudulent activity, money laundering, terrorist financing, or other criminal or illegal activity.
20.7 We are obliged to keep records about you and your transactions for a period of up to eight years from the date when your Relationship with Opal Transfer was terminated, or the last Money Transfer was made.
21. ACCESS TO INFORMATION
21.1 The General Data Protection Regulation (Regulation (EU) 2016/679) ('GDPR') is the main legal instrument applied directly, regulating and stipulating the general rules for data protection in Lithuania. The GDPR is supplemented by Law No. XIII-1426 of 30 June 2018 that amends Law No. I-1374. You are entitled to request any information that we hold about you during our Relationship by submitting a written form: ‘Subject Access Request’ to our Data Protection Officer via email at dpa@opaltransfer.com. However, any written request received from you via the Opal Transfer Online Platform or our Mobile App will be considered as a valid request to which we will aim to respond within 30 days.
21.2 We may restrict the amount of information we provide if it is necessary and proportionate to:
(a) avoid obstructing an official or legal inquiry, investigation, or procedure;
(b) avoid prejudicing the prevention, detection, investigation, or prosecution of criminal offenses or the execution of criminal penalties;
(c) protect public security;
(d) protect national security; or
(e) protect the rights and freedoms of others.
22. ADDITIONAL DOCUMENTS
These Terms and Conditions refer to the following additional documents, which also apply to your use of our Services:
22.1 Our Privacy Policy sets out the terms on which we process, maintain, and disclose any personal data or information we collect about you, or that you provide to us using the Opal Transfer Website. By using our Services, you consent to such processing, and you promise that all data provided by you is accurate.
Opal Transfer EU, UAB
Valid from the 1st of January 2021.
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