Terms and Conditions
Terms and Conditions
1.1. The following terms and conditions, including all document incorporated by reference (hereinafter the "Terms") constitute a legally binding agreement between you (hereinafter "the User" or "You") and STB Union Ltd, a company currently regulated as a monetary service provider and pending the approval as a financial asset service provider under the Israeli Law (hereinafter the "Company", "we", "our") and apply to any use of the application (hereafter the "Application"), related to the purchase of services for the transfer of financial assets, as defined under the Israeli Law on the supervision of financial services 2016, from individuals or legal entities in Israel to other individuals or legal entities in Israel or abroad (respectively the "Services" and the "Funds").
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1.5. That You have explicitly read and separately agreed to.
1.7. The purpose of the Application is to entitle the User to transfer Funds from Israel to a recipient located either inside or outside of Israel (hereinafter a "Transaction"). The list of the specific countries where our services can be performed appears in the Application and may evolve from time to time at the sole discretion of the Company and subject to the relevant provisions of the applicable laws. The Application does not entitle the User to receive Funds from abroad.
1.8. For the purpose of these Terms and Conditions, "Notification" by the Company shall mean the sending of an email, a SMS or a push notification within the Application.
IT IS IMPORTANT THAT YOU READ AND UNDERSTAND OUR TERMS AND CONDITIONS BEFORE YOU ACCEPT THEM. THEY CONTAIN LIMITATIONS ON THE SCOPE OF OUR OBLIGATIONS TO YOU AND LIMITATIONS ON OUR LIABILITY TO YOU IN THE EVENT THAT YOU SUFFER LOSS AS A RESULT OF USING OUR SERVICES.
2. Registration and User’s data
2.1. In order to use the Application, You are required to create a user account (the "Account") and provide Your personal details, including without limitation, full name, citizenship, date of birth, address, ID number, telephone number, email address. You will also be requested to provide an official identification document bearing a clear facial picture. We also reserve the right to request for You to upload a copy of your ID document or any other document upon request in order to verify your identity or the authenticity of the data You provided.
2.2. Before the completion of the registration process, You should verify that the data provided is complete and accurate. You shall update the data whenever necessary before using the Application to reflect accurate information.
2.3. You are also required to select a username and a password to access your Account. You must safeguard the username and password and must not transfer those to any other person or entity. You should inform the Company of any suspected unauthorized use of your user account by sending an email to [firstname.lastname@example.org] or by phone to [03-9444406/07su] as soon as You become aware of such use or suspicion thereof.
2.5. The creation of your Account is subject to our approval after having reviewed your application in line with our internal compliance standards and procedures. Such review shall take up to two Business Days as defined below. If your application is approved, you will receive a Notification of it and your Account will be activated. You will then be able to login with the username and password You have chosen.
3. Representations and warranties
3.1. You hereby declare, agree and undertake to the following when using the Application or through the Application:
3.1.1. You shall not perform any use that contradicts or breaches any provision of the applicable law or regulation, whether directly or indirectly, especially the legal provisions regarding the prohibition of money laundering and the financing of terrorism;
3.1.2. You shall not perform any use that is intended to create or participate to any scheme of fraud;
3.1.3. You shall not perform any unreasonable use of the Services offered on the Application;
3.1.4. You shall not activate viruses, trojan horses, worms and/or any other software on the Application;
3.1.5. You shall not use any means in order to monitor or duplicate the Application and/or the activity carried out through the Application and/or information presented therein;
3.1.6. You shall not use the Application in any way that may damage it and/or its underlying data sets;
3.1.7. You shall not impersonate a person and/or any other entity and You shall not provide false, inaccurate or incomplete data while using the Application, whether concerning You or the recipient;
3.1.8. You shall not use the Application and/or carry out actions in a manner that might harm the Application or make it inaccessible;
3.1.9. You shall not attempt in any way gaining unauthorized access to the Application, contents or accounts of other Users or to computer systems, databases, or networks that are connected to the Application and not make any use of other User's data.
3.2. By using the Application and by executing a Transaction, You declare, agree and warrant as follows:
3.2.1. That You are at least 18 years of age with a valid ID document in force and that You possess your full legal capacity;
3.2.2. That You fully understand and consent to the Transactions that you submit via the Application;
3.2.3. The Funds that are used for the Transaction are your property and You received them lawfully and they are not related, directly or indirectly, to any crime or offense under the laws of the State of Israel and/or the country where the recipient shall receive the Funds;
3.2.4. That your performance of a Transaction does not itself constitute an offense under the laws of the State of Israel and/or any other country;
3.2.5. That You shall act for your own account and not as the intermediary, agent, trustee or similar position, of any other individual or entity;
3.2.6. That You provided all necessary details of the intended recipient, the transferred amount and all other details pertaining to the execution of the Transaction and verified that they are complete and correct, and You are aware of the consequences should those details have been incorrect;
3.2.7. That You are informed of and agree to the applicable exchange rate and commission as presented in the Application, and that you agree to pay those for the execution of the Transaction, as the consideration for performance of the Service by the Company and related third parties.
3.3. You may be required to provide further data or information at the discretion of the Company according to the applicable law and the Company's internal policies, notably in order to perform the Transaction. Your refusal to provide such data or failure to provide it within a reasonable time will entitled us to deny the execution of a Transaction or suspend it or cancel it, at our sole discretion, and You shall be prohibited from making any claims against the Company in this respect.
3.4. The Company reserves the right to suspend your activity in the Application, suspend any pending Transaction, or close your Account and terminate this agreement, (a) where a suspicion arises that You used the Application in breach (i) of these Terms, or (ii) of anti-money laundering applicable legislation or internal policies, or (b) where a suspicion arises in connection with any activity related to countries or entities or individuals listed under any applicable sanction list, or (c) due to our internal policies, or (d) if the User failed to provide any requested document or information reasonably requested by the Company in accordance with its policies. You hereby waive any all claim against the Company in this respect.
3.5. Whenever the Company considers it justified in application to its internal policies, or whenever a reasonable suspicion justifies it, including but not only in the events mentioned in section 3.4 above, the Company reserves the right to seize and freeze any pending amount of any Transaction, in accordance with any applicable law. You hereby waive any all claim against the Company in this respect.
3.6. The use of the Application is personal and private and the User must safeguard its username and password and any specific code issued in respect of a Transaction. Disclosing the username, the password and/or the codes to another person, except for the necessary disclosure of the relevant code to the intended recipient of a Transaction, even if not used for commercial purposes, is absolutely forbidden. It is hereby clarified that failure to safeguard of the passwords and/or the codes and/or the device that was used to access the Application might result with the theft of the User’s identity and/or execution of Transactions in his name and/or transfer of funds to various entities, and the Company shall not be liable to any damage arising therefrom.
4. Execution of Transactions
4.1. In order to perform a Transaction, the User shall complete the first stage of the approval of Transaction on the Application and then shall physically deliver the Funds at one of our partners' locations. The Company has partners and branches throughout the state of Israel in which the User can perform physically the deposit of the Funds of the relevant Transaction.
4.2. The process of a Transaction is as follows:
4.2.1. The User shall log in its Account, insert the country where the recipient is located and determine the amount of Funds that he wishes to transfer or the amount that he wants the intended recipient to receive. The User will transfer Israeli Shekels and he can choose the currency in which the recipient will retrieve the Funds, whether Euro, US Dollar or the local currency if available and provided that the Company's partner abroad of the Company can accept or provide it, and subject to the relevant exchange rate. In such case, the User shall be informed of the applicable exchange rate.
4.2.2. Upon inserting this information, the User will see on the Application a quote of the amount to be deposited within one of our branches (the "Quote"). The Quote shall remain valid for three (3) hours within the business hours of the same Business Day, unless extraordinary changes in market exchange rates that would amount to a variation of more than 2% (two percent) from the rate used for the Quote. In such case the Company is not obliged to guarantee the Quote and the User shall have no claim against the Company.
Past the three hours delay, the Quote will no longer be valid and the User will have to re-enter all the information and details of the intended Transaction.
For the sake of clarity, Business Day shall mean any day where the Israeli banking system is opened, from Sunday until Friday, excluding any national or banking holidays, and the business hours shall be from Sundays to Thursdays 8:00 until 18:00 and on Fridays, or days before public holidays, 8:00 until 13:00.
4.2.3. Along with the Quote, the User is informed of the exchange rate and the applicable commission which amount may vary its according to the destination of the Funds, the method of transfer, the Company's partners abroad and the amount transferred. The User agrees and understands that once he agreed to it, he shall have no further claim against it.
4.2.4. The User shall fill in the details of the designated recipient per each Transaction, specifying the identity and location of the recipient, ID number if requested, country of delivery of the Transaction, address, phone number, banking details should the Transaction be performed by banking transfer, and any other detail that is necessary according to the policies of the Company for its legitimate purpose. The User must mention the source of the Funds to be transferred and the relation between him and the recipient. Those fields are mandatory.
4.2.5. The User is aware and agrees that the identity and details of the recipient can be cross-checked, even through a third-party service provider, in order to verify that the recipient does not appear on any potential sanctioned list, or that he does not raise any suspicion or present any risk. These details may include both personal data and data relating to the User’s Transactions execution history, The Company is entitled to proceed with such verifications at its sole discretion and the User shall have no claims against it.
4.2.6. Once all the details are filled in by the User, we process the information and proceed with our verification. If the Transaction is rejected, the User will receive a Notification indicating the rejection of the Transaction. The Company may at its sole discretion indicate or refuse to indicate the grounds of the rejection.
4.2.7. If the Transaction is approved, the User will receive a Notification with a code. The window of validity of the Quote starts at the reception of this code.
4.2.8. With this code, the User has two options: the wire transfer or the physical deposit.
4.2.9. If the User chooses the wire transfer, he transfers the amount of Funds to our bank account (bank hapoalim, account 495773, branch 634, located at 13 Blvd. Rothschild, Rishon Letzion) and must indicate the code received as mentioned in article 4.2.7 above. Once the Funds are received on our account during the business hours of our bank, and provided that the recipient fulfill the conditions set forth in these Terms and the applicable laws, we will proceed with the transfer.
4.2.10. If the User chooses the physical deposit, he can go to any of our partner licensed as a "Change" and affiliated with the Application, identify himself, indicates the code to the local agent and proceeds with the deposit of the required amount of Funds as indicated in the Application.
4.2.11. Once the local agent has received the Funds and agreed to it on the online system, he issues a receipt and the User shall physically signs on it and keep its part. The receipt will also be sent by Notification to the User.
4.2.12. The User shall afterwards receive a Notification with a second code that the Transaction has been allowed and is to be performed. This identification code shall be transmitted by the User to the recipient in order for the latter to retrieve the Funds. The recipient must indicate the code at the pick-up agency. When the Transaction is not performed by banking transfer, the User shall see on the Application the places where the recipient can retrieve the Funds physically and it is his sole responsibility to communicate such list to the recipient.
4.3. The Company may limit, at its sole discretion, the size of Transactions, the amount of Transactions and/or the type of Transactions that the User will carry out, including in respect of the target countries, the identity of the recipients of the funds, etc.
4.4. The User understands that once it has delivered the Funds to the local partner and that the Transaction is under execution, any change or cancellation raises complexity for the Company. The User should contact as soon as practicable the head office. The User understands and agrees that the possibilities of modification or cancellation of a Transaction will depend upon the specific circumstances and the technical possibilities as well as on the local possibilities at the recipient's location.
4.5. The Application entitles the User to check the history of its Account and the past Transactions up to sixty days prior to the actual date, whether performed, pending execution, suspended or cancelled.
4.6. Nothing in these Terms shall be construed as an obligation of the Company to accept any Transaction before it has been checked in accordance with the Company's internal policies or to receive any Funds from the User. The Company reserves the right, at any time and sole discretion, to reject the Transaction. The User shall not have any claim against the Company in this regard.
5. Preventing fraud and embezzlements
5.1. The Company and its activities are subject, among other things, to a duty to prevent fraud and embezzlements pursuant to the provisions of Israeli law and the provisions of foreign laws to which it is subject by virtue of agreements with third parties and their manner of operation.
5.2. The User should act to prevent the possibility to be part, or victim, of a fraud, and, before executing a Transaction, it is recommended to the User to verify all the details related thereto, including: the identity of the recipient, the purpose of the transfer, the use of the funds and the circumstances surrounding such Transaction.
5.3. The Company and third parties who are involved in the Transaction shall bear no liability whatsoever if the User chooses to ignore any warning against fraud and nevertheless transfers funds despite the existence of suspicions.
6. Non-withholding of tax
6.1. The User represents and warrants that the transfer amount is not subject to tax withholding pursuant to exemptions prescribed by law and therefore hereby certifies that the Company shall not be withholding any tax on the amount subject to the Transaction.
6.2. The User further represents and warrants that the Transaction does not constitute an income earned by the recipient.
7. Changes to the Application
7.1. The User shall have no claim, demand and/or lawsuit in connection with the changes of recipients' countries or in connection with disruptions, difficulties and/or malfunctions that will occur during and/or as a result of the implementation of such changes.
7.2. Other than as required by Israeli Law, the Company does not undertake to maintain backups to the Application and/or information published on the Application, if any, and it may delete data from the Application without giving advance notice or obtaining the User’s consent.
8. Intellectual property
8.1. All intellectual property rights, including copyrights, patents, database rights, designs, trademarks, regardless of whether they are registered or not, the Application and its name, the software, the designs, photos, illustrations, sounds and all other content, including the manner of their presentation (the "Content”) are owned solely by the Company or its affiliates, or third parties as the case may be, and shall remain our or their property. No use shall be made thereof except for the permitted of the Application under these Terms and Conditions.
8.2. Copying, redistributing, broadcasting, publishing, presenting in public, delivering to third parties, creating derivative work, storing part or all of the Application Content in any way whatsoever (temporarily or permanently), or making any commercial or non-commercial use of the Content is prohibited and no changes should be made thereto, provided however that You are solely allowed to view your personal Account in the Application and copy your relevant history of Transactions.
8.3. A User’s input of information on the Application, through the Application or in any other way that is related to the Application, constitutes a declaration and approval of the User that he is the owner of all the proprietary rights required for the process of the information and that no legal and/or any other restrictions apply to the process thereof and/or to the granting of permission for the use thereof by the Company and/or anyone acting on its behalf and/or a third party.
9. Liability and indemnification
9.1. The use of the Application is offered to the User “AS IS” and the Application will be used at the User’s sole risk.
9.2 Since the execution of a Transaction is dependent on third parties and computer systems and is subject to the provisions of the relevant applicable laws, including Israeli Law, a Transaction may not be executed or there may be a delay in the execution of the Transaction. The Company shall not be held liable to any direct or indirect damage that will be caused to the User or a third party as a result of non-execution of the Transaction or due to delay in the execution thereof.
9.3. In any case, the maximum liability of the Company towards the User will be the sum of all commissions collected from that User during the 12 months preceding the event for which the Company is found liable.
9.4. The Company, its related companies and anyone acting on their behalf, including their employees, managers, advisors, representatives, subcontractors, agents, shareholders and suppliers shall not be liable, in any way whatsoever and under any circumstances, for any damage whatsoever, whether direct or indirect, that will be caused to the User and/or a third party due to the use of the Application in general, the execution of a Transaction due to reliance on any specific information and/or any service, material, product, software and any other publication included therein.
9.5. The User hereby undertakes to indemnify the Company its related companies and/or anyone acting on their behalf, including their employees, managers, advisors, representatives, subcontractors, agents, shareholders and suppliers for any damage (including direct, indirect, consequential, incidental and/or special damage, including damage to reputation), loss (including loss of income, loss of information or data), losses, payments or expenses that will be caused to them, including legal fees and court fees, due to any demand, claim and/or lawsuit that will be addressed and/or lodged in connection or against them by any third party, due to any action or failure of the User which constitutes breach of the Terms and Conditions and/or the provisions of any applicable law.
9.6. The Company is entitled to directly setoff the commission owed to it from the amount of the Transaction as well as any applicable fee, including for the exchange rate. The Company shall be entitled to set off any amount owed by the User from the available funds in the User's Account. Failure from the Company to do so shall not constitute a waiver of its claim. In particular, the performance by the Company of a Transaction even if the funds were insufficient to cover the Transaction's amount and/or the commission owed to the Company shall not constitute a waiver by the Company of the remainder of the Transaction's amount and of the commission.
9.7. The Company bears no responsibility and shall not be held liable to any threatening, defamatory, obscene, abusive, or illegal content and/or behavior of any other entity, or to any breach of right of another entity, including intellectual property rights, nor will the Company be held liable to any content that is sent through the Application and/or posted on the Application by any third party.
9.8. The Company bears no responsibility for the correctness of the information and/or the advertisements and/or the commercial information that is published on the Application and/or its quality and/or validity and/or completeness and/or accuracy and/or its adequacy for any purpose whatsoever, nor will the Company be held liable, under any circumstances whatsoever, for any direct or indirect, monetary or other damage that will be caused to the User as a result of using the Application, relying on information included therein or in external Applications.
10. Continuity of the services and making changes
10.1. The Company does not guarantee that the Application and/or the services offered through the Application will operate continuously without interruption, disruptions and/or faults.
10.3. The Company retains the right to suspend and/or cancel the registration of User and/or suspend its Account, without giving advance notice and without being obliged to give its reasons for such suspension and/or cancellation.
10.4. The Company may make any change to the contents, information and services offered on the Application, at any time, without giving advance notice and at its sole discretion. If the service is discontinued, the Company shall not be liable to any damages caused to the User or to any third party.
11. Termination and suspension
11.1. You may close your Account and thereby terminate this agreement with the Company by giving us a 7 days prior notice by email at the following address email@example.com. The termination shall not affect the pending Transactions that will still be governed by these Terms.
11.2. The Company shall be entitled to terminate the agreement with You and close your Account immediately, and even without prior notice and without cause if the circumstances so require at our own discretion. However, we shall endeavor to notify You as soon as reasonably possible.
11.3. Notwithstanding the foregoing, the Company reserves the right at its sole discretion to suspend or close your Account should You be in breach of these Terms. In such event, the Company reserves the right to impose on you all the costs that the Company may bear as a consequence of your breach, including notably all claims and damages claimed by third parties, and all legal costs.
11.4. The User hereby waives any claims against the Company for the suspension or closure of the Account, whether it was for cause or not, and waives any claim in respect of its liability as to the costs borne by the Company and its duty to fully indemnify the Company in case of its breach.
The Company reserves the right to transfer, assign or delegate its rights and/or responsibilities in whole or in part under the Application and its agreement with You to any third party at any time and without your prior consent. You may not transfer your rights or responsibilities to any other third party.
13.1. The Company may change these Terms and Conditions at any given time, at its sole discretion and without giving advance notice. You will be notified in the Application regarding the changes, but in any event, the binding wording of these Terms is the wording published on the Application at the relevant time of your use.
13.2. If a Court and/or another competent authority rules that any of the terms of these Terms is illegal or invalid, such term will be adjusted to comply with the requirement of the law in a manner that will retain its original purpose and meaning and the cancelation and/or change of that term shall not impair, derogate or change the other Terms.
13.3. These Terms are governed by the Israeli Law, excluding any conflict of law rules, and the courts of Tel Aviv Jaffa shall have the sole jurisdiction to discuss any dispute relating to this Application, the use thereof, or arising therefrom.
14. Contact and queries
The User may contract the Company with queries regarding these Terms by sending an email to firstname.lastname@example.org.