Terms and Conditions

SMARTTWAY LTD T/A ETEMAD SARAFI

1. Introduction

1.1 These Terms and Conditions outline the provisions applicable to money transmission services provided by Smarttway Ltd (Company Registration Number SC532751). The company is regulated by the Financial Conduct Authority under the Payment Services Regulations 2017 (FCA Reference Number: 753469).

Registered Address:

272 Bath Street Glasgow Scotland, G2 4JR

Trading  Address:

        283 Edgware Road Colindale, NW9 6NB 

Contact Details:

For simplicity, references to the company herein are made as “the Firm,” “we,” “our,” or “us.”

1.2 We provide money transmission services for the purpose of sending and receiving funds. These transfers can be facilitated at various locations in Afghanistan. The primary characteristics of the payment services offered include:

  • Retail Money Remittance Service:

Transfers for sending customers to named receiving customers, typically in another country, for transactions under £3,000. Payments are generally made in cash, via bank transfer, or mobile money. Some receiving providers may offer a combination of cash and bank transfer.

  • High-Value Money Transfer Service:

Transfers for sending customers to named receiving customers, typically in another country, for transactions of £3,000 or more. Payments are typically made in cash, mobile money, or via bank transfer. Some providers may use a

combination of cash and bank transfer.

  • Foreign Exchange with Onward Transfer:

Currency exchange services combined with the onward transmission of funds for payment purposes. Payments are subject to availability, verification of the payee’s identity, and provision of required transaction details such as the player’s name, country of origin, payee’s name, payment amount, transaction control identification number, and any other necessary information.

Taxes and Charges:

Details of applicable taxes and service charges are outlined in our rates and profit policy. Further information is available via the contact details provided above or on our website.

1.3 We provide money transfer and currency exchange services. We do not assume responsibility for any goods or services purchased using the transferred funds, including any associated taxes, charges, or duties. Customers are advised to avoid sending money to unknown individuals, as we bear no liability for payments not collected by the intended recipient.

2. Communications

2.1 We may accept instructions in various forms, including electronic or telephonic communication (e.g., WhatsApp, telephone, website, or app), subject to the methods we specify. When you provide instructions for a payment transaction, your consent is implied. This includes instances where you verify your identity using appropriate ID documents.

Payment instructions are deemed received under Regulation 81 of the PSR 2017 when you confirm the transaction via the accepted communication channels.

2.2 For electronic communications, we recommend:

  • Using secure mobile phones, as communications may be intercepted.
  • Avoiding public places where your details may be visible to others.
  • Refraining from sending confidential information via email.
    • Instructions must be legible and clear. We reserve the right to decline communications if there are doubts about their validity or if they do not meet our established validation processes.
    • Customers must ensure phone signal and internet connectivity to receive notifications from the Firm. Communications are conducted primarily in English. However, upon request, we will endeavour to accommodate languages such as Pashto, Dari, Urdu, or Hindi.
    • Upon receiving a payment instruction, we will provide the following information:
  • A reference to identify the payment transaction and, if applicable, details of the payee.
  • The transaction amount in the specified currency.
  • Charges and transfer fees, including a breakdown if applicable.
  • The exchange rate used and the resulting transaction amount post-conversion.
  • The date we received your instruction.

After completing a payment transaction, the following information will be provided to the payee:

  • A reference identifying the transaction and payer, along with any accompanying details.
  • The transaction amount in the recipient’s currency.
  • The exchange rate used and the pre-conversion transaction amount.
  • The credit value date.

For inquiries regarding individual payment transactions, please contact us using the details provided above.

3. Relationship

3.1 We are committed to providing money transmission services with reasonable care and skill. However, funds transferred through our services do not earn interest, nor are they covered by government-backed insurance or compensation schemes (e.g., the Financial Services Compensation Scheme).

3.2 Customers must not disclose security details, such as passwords or PINs, to others. In the event of unauthorized access, loss, or theft of such details, you must notify us immediately using the contact details provided.

3.3 To comply with anti-money laundering regulations, we may request additional information or documentation at any time. You must promptly notify us of any changes to the details provided.

You represent and warrant that:

  • You are over 18 years of age.
  • All information provided to us is accurate, truthful, and complete.
  • Your payment instructions and use of payment instruments comply with applicable laws and agreements.
  • You will indemnify us for any losses resulting from inaccurate or untrue representations.

3.4 We may share information about payers, payees, and intermediaries for regulatory, anti-money laundering, or security purposes. This may involve transferring data to countries with less stringent data protection laws than the UK. For access or corrections to your personal data, please contact our Data Protection Officer at [email protected].

4. FEES, CHARGES, AND EXCHANGE RATES

4.1 Rates and Profits Policy

Our Rates and Profits Policy outlines the applicable fees, charges, and conditions for the services we provide. You may obtain these details by contacting us using the contact information provided in clause 1.1 of these Terms and Conditions. By using our services, you agree to pay the fees and charges applicable to each payment transaction as detailed in our Rates and Profits Policy. Any transaction or spending limits may be imposed in accordance with our Anti-Money Laundering (AML) and Counter-Terrorism Financing (CTF) policies.

4.2 Deductions from International Payments

If you are the recipient (payee) of an international payment, we may deduct our charges and transfer fees from the transferred amount before making it available to you. Details of any deductions will be provided in the information we make available to you through the agreed communication method, specifying the total amount received and the deducted charges.

4.3 Changes to Charges

We reserve the right to amend our charges at any time. Any changes will be communicated to you at least two months prior to their effective date, as per clause 7.5 of these Terms and Conditions. Refer to clause 7 for further details on the procedures for changes to our contractual terms.

4.4 Currency Selection and Conversion Fees

For payments to countries with multiple currency options, you must select the desired currency at the time of consenting to the payment. Transfer fees and conversion charges may vary depending on the selected currency. In some cases, payment service providers at the recipient’s location may offer the payee the option to receive funds in a currency different from your selection. In such instances, additional charges may apply for currency conversion.

4.5 Exchange Rates and Notifications

Our exchange rates are published at the beginning of each business day and may fluctuate during business hours. You may contact us using the information provided in clause 1.1 to obtain the applicable exchange rate at a specific time. Telephone notification to the payee regarding fund availability for pick-up is offered in most countries for an additional fee.

5. PAYMENT TRANSACTIONS

5.1 Payment Instructions and Beneficiary Information

To execute a payment instruction accurately, you must provide correct and complete information, including the payee’s name, address, bank sort code, account number, and, where applicable, SWIFT/BIC or IBAN details. Incorrect information may lead to delays or loss of funds. All payment instructions are subject to acceptance and availability. In case of unavailability, you will be notified via email or WhatsApp and offered the option to wait or cancel your order. It is your responsibility to provide a valid email address for communication.

5.2 Consent for Payment Transactions

Consent must be provided before executing a payment transaction, as outlined in Section 2 of this document (available at our premises, website, or app). A contract is established once payment is debited, and we confirm the requested service via email or message. It is your responsibility to verify the details in the confirmation notice.

5.3 Security and Fraud Prevention

We reserve the right to suspend payment instructions due to security concerns or suspected unauthorized use. Customers will be informed via telephone, email, or WhatsApp unless such notification compromises security or violates legal requirements.

5.4 Execution of Payment Instructions

Payment instructions will be executed to ensure funds reach the payee’s service provider within three business days, subject to a cut-off time of 14:00 on business days. Transactions to Afghanistan will be processed on the same business day using an invoice offset mechanism. Customers may contact us for details.

5.5 Loss or Theft of Payment Instruments

In case of loss or theft of payment instruments or credentials, notify us immediately using the contact information in clause 1.1. Once a payment instruction is received, it cannot be revoked unless written notice is provided no later than one business day before the agreed execution date.

5.6 Payments to Afghanistan

Funds transferred to Afghanistan are disbursed via an invoice offset mechanism due to the lack of traditional banking infrastructure. This process involves local importers settling payments directly with our Afghan partner, who disburses funds to the beneficiary. This mechanism does not apply to other international transfers.

5.7 Scheduled Payments

For payment instructions with a specific execution date, the time of receipt is considered the agreed date. We are not liable for delays caused by external factors.

5.8 Sufficient Funds Requirement

You must ensure sufficient funds are available for payment instructions. Payments will not be processed unless the required funds are received.

5.9 Compliance and Screening

We are obligated to screen transactions against government and regulatory lists. Suspicious transactions may be suspended, and additional information may be required before processing.

5.10 Declined Payment Instructions

If a payment instruction is declined, we will inform you, providing reasons where possible and lawful. Corrections can be made in consultation with us.

5.11 Retention of Funds for Security Checks

Funds may be retained until security and AML checks are completed. Prohibited activities include transactions related to illegal activities as defined by AML regulations.

5.12 Additional Security Measures

Certain transactions may require additional security measures or identity verification for the payee. Contact us for further details.

6. LIABILITY AND REFUNDS

6.1 User Liability

You are liable for losses arising from unauthorized transactions due to failure to safeguard security credentials, fraud, or gross negligence. However, liability does not apply if you have notified us promptly of any unauthorized use or loss of credentials.

6.2 Refunds for Unauthorized Transactions

Refunds for unauthorized transactions may be issued if reported within 13 months of the transaction date, provided no fraud or negligence occurred on your part.

6.3 Non-Executed or Defective Transactions

We are responsible for tracing and refunding amounts for non-executed or defective transactions, ensuring funds are correctly transferred as per agreed instructions.

6.4 Liability to Payees

If a transaction initiated by a third-party payer is delayed or defective, we are responsible for ensuring the funds are made available to you as the payee.

6.5 Exclusions of Liability

We are not liable for indirect losses, including lost profits, business, or goodwill, or for special damages, even if such losses were foreseeable.

Refund Policy

6.6 Eligibility for Refunds

You may be eligible for a refund if you initiated a money transfer transaction through Etemad Sarafi, but the funds were not successfully delivered to the intended recipient. Refunds may also be considered in cases of errors or discrepancies in the transfer amount or other transaction details.

6.7 Refund Request Procedure

To request a refund, you must contact our customer support team within 30 days of the transaction date. You can reach us via phone, email, or in person at our office. Contact information for our customer support team is available on our website. Please provide the following details when submitting your request:

  • Your full name, contact details, and customer identification number (if applicable).
  • Transaction details, including the reference number, transfer amount, and recipient information.
  • The reason for your refund request, along with any supporting documentation, such as transaction receipts or other relevant evidence.

6.8 Evaluation of Refund Requests

Upon receiving your refund request, we will review the transaction details and investigate the issue to determine eligibility. We may require additional information or documentation to support your request. You must provide this information promptly to avoid delays. If it is confirmed that the funds were not delivered or an error occurred, we will process the refund as soon as possible.

6.9 Refund Processing Timeline

We aim to process approved refund requests within 12 business days. However, the time it takes for the refund to be credited to your account may vary depending on your bank or payment service provider. Refunds will be issued in the same currency and via the same payment method used for the original transaction unless otherwise agreed upon. Please note that we are not responsible for fluctuations in currency exchange rates between the time of the original transaction and the refund.

6.10 Refund Fees

We do not charge any fees for processing eligible refund requests. However, your bank or payment service provider may impose fees or charges related to the refund, which are beyond our control. Any changes to this refund policy will be communicated through our website, customer notifications, or email.

Modifications to Terms and Conditions; Termination

7.1 Amendments to Terms and Conditions

We reserve the right to amend these Terms and Conditions. The duration of this agreement will depend on mutual consent and any notice given by either party to terminate the contract.

7.2 Notice of Changes

Any proposed changes to the terms will be communicated no later than two months before their effective date. Customers may accept or reject the changes during this period. If no objection is raised, the changes will be deemed accepted.

7.3 Communication of Major Changes

If significant changes are made, or numerous minor changes occur within a year, we will provide a copy of the updated terms or a summary of the changes.

7.4 Fixed-Term Conditions

If specific terms are agreed upon for a fixed period, they will remain unchanged during that time.

7.5 Notification of Changes

We will notify you of any changes through individual communication methods such as letters, emails, or text messages, as well as updates on our website. These methods will comply with legal and regulatory requirements.

7.6 Continuity of Agreement

This agreement will continue until terminated as per this clause.

7.7 Termination by You

You may terminate this agreement by providing at least one month’s written notice using the methods specified in clause 1.1. No termination fee will apply. However, termination is not possible if the services have already been completed, such as when funds have been deposited into a beneficiary’s account or accessed by the recipient.

7.8 Termination by Us

We may terminate this agreement by providing at least two months’ written notice.

Termination will not release you from liabilities related to prior transactions.

7.9 Cancellation Rights

If you are an individual and the agreement was concluded remotely, you have the right to cancel within 14 calendar days starting the day after the agreement’s conclusion. To exercise this right, contact us using the details in clause 1.1. No cancellation fee applies if no payment instruction has been sent. If a payment instruction has been sent, a cancellation fee may be deducted.

General Provisions

8.1 Accrued Rights

Termination of this agreement does not affect rights or obligations accrued before the termination date.

8.2 Waivers

Failure or delay in exercising a right does not constitute a waiver of that right.

8.3 Severability

If any provision is deemed invalid or unenforceable, the remaining provisions will remain unaffected.

8.4 Assignment Restrictions

You may not assign or transfer any rights or obligations under this agreement.

8.5 Third-Party Rights

These Terms and Conditions do not confer any rights on third parties.

Governing Law and Jurisdiction

9.1 Governing Law

These Terms and Conditions are governed by English law.

9.2 Jurisdiction

The courts of England have exclusive jurisdiction over disputes. Customers may also seek redress through the Financial Ombudsman Service.

Help and Complaints

10.1 Contact Information

If you have any comments, concerns, or complaints, contact us using the details in clause 1.1.

10.2 Complaint Handling

We will investigate and respond to complaints promptly as per our complaints policy. In exceptional cases, where delays occur, a holding response will be provided. Final responses will not exceed 35 business days. You may escalate complaints to the Financial Ombudsman Service if necessary.

Complaints Officer:

Head of Compliance:

Bilal Agha

Phone: 020 8194 8232

Email: [email protected]

Force Majeure

11.1 Definition

We are not liable for delays or failures caused by events beyond our control, including but not limited to:

  • Strikes, lockouts, or industrial action
  • Shortages of labour, fuel, or raw materials
  • Telecommunication or network failures
  • Civil commotion, riots, terrorism, or war
  • Natural disasters or extreme weather conditions
  • Governmental actions or restrictions

11.2 Suspension of Obligations

Performance will be suspended during Force Majeure events. We will use reasonable efforts to minimize delays and notify you of the event and its likely duration. If the event lasts more than 30 days, either party may terminate the agreement with immediate effect.

For assistance, please contact:

Head of Compliance:

Bilal Agha

Phone: 020 8194 8232

Email: [email protected]