RIA Mobile App General Terms and Conditions

These General Terms and Conditions apply to the contractual relationship between RIA Financial Services GmbH with its registered office in Zurich (hereinafter "RIA") and the Customer who uses the services of the RIA Mobile Application ("app") (hereinafter "Customer"). By providing the information required for a money transfer order and confirming it and by accepting these Terms and Conditions, the Customer agrees to be bound by them. Furthermore, the Customer acknowledges that He/she has been specifically made aware of the Privacy Policy, the Customer Refund Waiver Clause, and the Fraud Warning. The Customer further confirms to be the sole beneficial owner of the money to be transferred. Intentionally false statements are punishable subject to Art. 251 of the Swiss Penal Code (forgery of documents).

The usage of the RIA app proceeds as follows:

  1. The customer creates a user account in the RIA App. To do this, they save their contact details and identify themself in the app using video recordings and a valid ID. The identity of the customer is checked online through movement and speaking. RIA uses Onfido's identification program to identify the customer. The identification process, as well as the user data, are stored by RIA.
  2. If the customer's identity is confirmed, the customer can enter money transfer orders after logging into the app using the access code sent to their mobile phone.
  3. The customer provides information about the recipient and recipient country; selects the amount of money to be transferred and the payment method for the payout.
  4. After the customer confirms the order; the fees, the terms and conditions, and the data protection guidelines, the customer is forwarded to the portal of the bank they have chosen to pay for the order. They complete the payment of the transaction in accordance with their bank's conditions. To process the payment, RIA uses Fiserv's processing services and Cybersource software to ensure security.
  5. RIA confirms receipt of the payment in the app.

1. CONDITIONS OF USE

By using the RIA app, the Customer represents and warrants that He/she is at least 18 years of age and capable of acting. He/she also confirms that He/she is a Swiss resident and disposes of a Swiss bank account.

In the event RIA becomes aware that a customer fails to fulfil or no longer fulfils the conditions of use, the relevant user account and all information related to that user will be deleted from the system.

The Customer truthfully provides his/her complete contact details and agrees to be contacted by RIA via all specified communication channels. He/she undertakes to inform RIA of any change to the contact details, to ensure that the necessary notices, disclosures, and statements can be sent to the Customer via electronic means at any time.

2. CONTRACT CONCLUSION

By submitting the relevant order form, the Customer provides RIA with an order to pay a recipient designated by the Customer (hereinafter referred to as "Recipient") a provided amount of money (hereinafter referred to as a "Money Transfer Order"). The contract is concluded based on the confirmation by RIA. The Customer will be informed accordingly in the RIA app.

Each money transfer order performed by RIA for the Customer constitutes a separate contract including these General Terms and Conditions. Under no circumstances will a master agreement be entered into at any time that obliges RIA to perform subsequent money transfer orders.

The recipient is not granted any independent rights of claim against RIA as a result of the money transfer order between the Customer and RIA. In particular, the recipient holds no claim of his own against RIA for payout of the money amount.

3. USER ACCOUNT

By using the RIA app and by entering the contact details in the Customer Registration Form, the Customer consents to the creation of a user account by RIA in the RIA app. RIA reserves the right to deactivate any user account at its sole discretion and for an unlimited period of time.

Customers must have a valid user account in order to use our Services ("User Account"). They can request the creation of a user account via the Ria Money Transfer App by entering their personal data and a password and confirming their acceptance of the General Terms and Conditions. If RIA accepts this request, the User Account will be created and enabled for access to the RIA Services, subject to the limitations set forth in the Terms and Conditions. Customer may access the RIA Services via the Ria Money Transfer App by correctly entering their username and password (collectively, "User ID") and authenticating with a one-time password (OTP) when they opt-in to is requested, but under no other circumstances. The user ID is strictly confidential, personal and non-transferable. It is the customer's responsibility to ensure that they keep safe and secure their user ID and any other security credentials associated with their access to the app (including any payment order data). The customer is responsible that they NEVER GIVES THEIR USER ID TO OTHERS, DOES NOT WRITE IT DOWN ANYWHERE, AND DOES NOT ALLOW ANYONE TO ACCESS THEIR RIA MONEY TRANSFER APP ACCOUNT!

If the Customer discovers or suspects that his/her access code is no longer confidential or is at risk in any way, He/she must immediately contact RIA by telephone 0800 372 372. Any unjustified delay in contacting RIA may place the security of RIA's services at risk and/or result in the Customer being held liable for any losses.

Once the Customer has been informed of the unauthorised use of the access code, all necessary measures will be taken to prevent the further use of this information. By taking these steps, RIA shall be exempt from liability for any loss or damage incurred as a result of the Customer's failure to comply with his/her obligations. Rather, the Customer shall be held liable for his/her own damages, as well as for damages incurred by RIA as a result of the unauthorized use of the access code.

4. ORDER PERFORMANCE

The Customer is responsible for the accuracy and completeness of the information provided in the order form. It is the Customer's responsibility to inform the recipient of the transfer of funds and the timing of the payout, as well as its modalities. Apart from disclosing the payment conditions to the recipient, the Customer shall exercise the utmost care to ensure the confidentiality of the data contained in the relevant order form. In addition, it is the sole responsibility of the Customer to clarify the identity and trustworthiness of the recipient, as well as the purpose or legal basis of the money transfer order, and thus to protect him/herself effectively against fraud.

As a rule, the money transfer order is basically performed by pay-out of the money amount in cash by a disbursement office of the worldwide RIA network ("Pay-out") or by way of a bank transfer to the recipient designated by the Customer. All pay-outs and transfers to the recipient are generally performed in the currency of the country in which the pay-out occurs; in some countries, the pay-out may also be performed in US dollars (USD) instead. If the pay-out or transfer of funds is performed in a currency other than Swiss francs (CHF), the transferred amount of money will be converted into the payment currency at the current exchange rate at the time the order is entered (conclusion of the money transfer order). In the event that a fluctuation occurs in the exchange rate between the time the order is entered (conclusion of the money transfer order) and the time of pay-out, RIA is entitled to revoke the money transfer order.

In the case of regular money transfer orders, funds are usually ready for collection within a few minutes, subject to the business hours of the respective pay-out agency, if applicable. For some countries, the RIA service may be delayed, or other restrictions may apply.

If a payment order is performed based on incorrect information provided by the Customer, RIA shall not be liable for any losses incurred, even if RIA attempts to assist in the collection of the payment amount. In addition, RIA reserves the right to charge the Customer a customer transfer fee to cover the respective incurred costs in this case.

5. ORDER REFUSAL

RIA reserves the right, at our sole discretion, to (i) refuse to process a money transfer order; (ii) limit the amount of a money transfer order; (iii) require customers to provide additional information to complete a money transfer order; and/or (iv) take appropriate action with regard to a money transfer order, if necessary, to comply with the applicable laws and regulations, as well as in the case of doubts related to the identity of the persons involved in the money transfer order.

RIA further reserves the right not to accept or permit, directly or indirectly, payments from or to certain countries which RIA considers posing a substantial risk to the business or which involve a higher degree of complexity for RIA in performing the transaction monitoring process subject to the anti-money laundering or counterterrorist financing legislation.

Finally, RIA reserves the right to establish conditions for "acceptable purposes" with regard to the provision of RIA's services, including prohibiting certain categories of payment orders. If a money transfer order is performed or attempted to be performed in breach of the applicable prohibitions for acceptable purposes, RIA reserves the right to cancel the money transfer order and/or to discontinue or suspend the use of RIA's services and/or to report the transaction to the relevant law enforcement authority and/or to claim damages from the Customer.

RIA's services are offered exclusively for money transfer orders for personal use, and the Customer agrees not to use or attempt to use the services, directly or indirectly, for any other purpose, including commercial purposes or advertising of products and services, or to permit any third party to use RIA's services. The Customer also confirms not to use the services of RIA on behalf of another person.

6. CONDITIONS PAY-OUTS IN CASH

A pay-out in cash to the recipient is performed exclusively against presentation of a valid identification document. If the name on the identification document does not match the name of the beneficiary according to the order, RIA will refuse to perform the pay-out. Notwithstanding the above, the recipient may be required to provide certain information related to the Customer (e.g., their personal details, country of origin or approximate pay-out amount) or to reply to a test question before the pay-out is performed. In addition, RIA reserves the right to conduct special investigations in certain situations. RIA shall refuse to perform pay-outs in the case of a probability that RIA would thereby violate any statutory regulation or other provision, that RIA would thereby be exposed to any regulatory or judicial proceedings, or that there is a connection with fraudulent or illegal activities.

7. UNAUTHORISED MONEY TRANSFER ORDERS

If the Client believes that an unauthorized money transfer order may have been executed which he did not authorise, the Client shall notify RIA of this as soon as possible using the contact details provided in Clause 19.

RIA will immediately refund the full amount of that money transfer order to the Customer. However, the Customer shall not be entitled to such a refund if

  1. the Customer fails to inform RIA in writing without undue delay, and in any event, no later than three months after the date on which the unauthorised money transfer order was performed, that an unauthorised money transfer order may occurred; or
  2. if the money transfer order was authorised by the Customer.

The Customer shall, in turn, be liable for any losses suffered by RIA or incurred by RIA in connection with any fraud or fraudulent activity by the Customer at any time.

8. THE NON-PERFORMANCE OR INCORRECT PERFORMANCE OF MONEY TRANSFER ORDERS

RIA is entitled to refuse to perform the money transfer order at any time. In this case, the Customer shall be refunded the amount of money in Swiss francs (CHF), if He/she has already paid for the order. If the Customer believes that RIA may not have performed a confirmed money transfer order or may have performed it incorrectly, the Customer must notify RIA as soon as possible. At the Customer's request, RIA shall immediately request an investigation of the matter and notify the Customer of the result of the investigation.

RIA shall, in cases in which a money transfer order was not performed or was performed incorrectly, promptly remedy and correct the error and transfer the amount of the non-performed or incorrectly performed money transfer order as initially instructed.

However, the Customer shall not be entitled to the correction of errors:

  1. if the Customer fails to notify RIA promptly (and in any event, no later than within three months of the date on which the incorrect Funds Transfer Order was performed), using the contact details listed in Clause 19, that RIA has failed to perform a Funds Transfer Order authorised by the Customer or that RIA has incorrectly performed a Funds Transfer Order authorised by the Customer;
  2. if it can be proven that the authorised amount was received by the recipient on the appropriate date/time; or
  3. if the non-performance or faulty performance is due to the fact that the Customer provided incomplete or incorrect information, or it is otherwise attributable to his fault.

RIA is not liable for the non-execution or incorrect execution of a money transfer order if the reason for this was the rejection of the money transfer order.

9. REFUND TO THE CUSTOMER

If the order is refused, not performed, or incorrectly performed, or if the funds are not collected by the recipient within 7 days as agreed, the funds shall be refunded directly to the Customer in Swiss francs (CHF), less the fee for the original money transfer order and the fee associated with the refund in accordance with RIA's applicable fees, if any. The refund shall be performed in the same way as the payment of the order. If this is not possible, the Customer must appear in person at an RIA Store to collect the remaining funds and present a valid identification document and proof of order for the pay-out.

10. WAIVER OF THE REFUND BY THE CUSTOMER

If, within 10 years from the date of the order entry (conclusion of the money transfer order), the Client fails to request a refund of any amount of money that could not be transferred to the recipient by RIA for any reason, the Client's right to a refund shall expire.

11. FEES AND EXCHANGE RATES

The fees designated by RIA for the remuneration of RIA's services at the time of the contract conclusion shall apply. The applicable fees for RIA's services can be accessed in the RIA app. The same applies to RIA's current exchange rates. By confirming the order, the Customer accepts the charges displayed on the order as well as the exchange rates used for conversion.

The Customer is responsible for any charges incurred through the use of the mobile phone in connection with a money transfer order that may be levied by their service provider, e.g., charges for SMS, data services.

12. OFFSETTING

The Customer agrees that RIA may set off any amount owed by the Customer to RIA against any amount owed by RIA to the Customer.

13. DISCLAIMER

RIA shall only be liable for any damage suffered by the Customer as a result of the money transfer order if RIA is liable of intent or gross negligence. Any additional liability, of a contractual or non-contractual nature, for direct and indirect damages, including, however, not limited to the loss of profit, is hereby expressly excluded. RIA's liability for auxiliary persons is totally excluded (Art. 101 para. 2 CO). Furthermore, RIA accepts no liability whatsoever for any damage incurred by the Customer as a result of fraudulent acts by a third party. In addition, RIA shall not be liable for any damage suffered by the Customer as a result of the Customer's breach of or failure to comply with its contractual obligations under these General Terms and Conditions. Furthermore, RIA shall not be liable for any damage resulting from the following events or circumstances: Failure of equipment, systems, or software or of the internet connection, force majeure; telecommunications failure; riots; acts of war and nature; epidemics and pandemics; traffic disruptions; events otherwise beyond RIA's control (e.g., strikes, lockouts, etc.). Furthermore, RIA accepts no liability in particular for damage caused by the lack of authenticity of the identification documents used or due to the identification documents not matching the person providing identification.

14. DATA PROTECTION

By confirming these General Terms and Conditions, the Customer expressly agrees to the following: (i) all personal data provided by the Customer in the context of the money transfer order and the creation of his user account, as well as during the period of provision of the services by RIA, are subject to processing by RIA; (ii) this data will be communicated to other companies of the RIA group of companies and third party service providers, which companies may be located in the European Economic Area or in other countries - including, but not limited to, the United States of America (USA) - that may not offer the same level of protection as this area, for the purpose of processing the Money Transfer Order and the fulfilment of the legal obligations by RIA as detailed in the Privacy Policy. The Privacy Policy establishes the detailed terms and conditions subject to which RIA processes personal data collected by RIA from the Customer or which the Customer otherwise provides or has provided to RIA. By using the RIA app, the Customer consents to such processing, thereby declaring and guaranteeing that all data provided by the Customer is accurate. Detailed information on data protection can be found in our privacy policy on the website www.riafinancial.com.

The processing of Customer data is necessary for the provision of the service of sending funds and in the case of failure to provide them, the service cannot be provided. The Customer may at any time exercise the rights of access, rectification, objection, suppression, restriction of processing and transfer by notifying RIA Financial Services GmbH, with their registered office at Langstrasse 192, 8005 Zurich, or by e-mail to dpo@riafinancial.com subject to the conditions defined in the additional information.

15. INTELLECTUAL PROPERTY

The brands Ria, Ria Financial, Euronet Worldwide, Inc, Euronet and Continental Exchange Solutions, as well as all associated names, logos, product names and services, designs and related slogans are registered trademarks owned by RIA, the RIA Group of Companies or their parent, sister or affiliate companies or other licensees (according to the particular case). These trademarks, names, logos, or slogans may not be used without prior written consent. All other names, trademarks and signs may be used for identification purposes only and are registered trademarks of their respective owners.

The RIA Service and the RIA app, as well as their entire content, features and functionality (including, however, not limited to, all information, software, text, advertisements, images, graphics, video and audio, and the design, selection and arrangement thereof) are the property of RIA, the property of the Euronet Worldwide Inc. group (a group of which RIA is a part) and/or their licensors or other providers of such materials. They are protected by Swiss, EU and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws and remain the property of RIA, the Group, and all relevant third-party licensors.

The use of the RIA app and the RIA Service is permitted exclusively for personal, non-commercial use. In particular, the following actions are not permitted:

  1. The copying, modifying, creating derivative works from, publicly display, public exhibition, republishing, downloading, storing, or transmitting the material via the RIA app, except for the following: (a) The temporary storage copies of such materials on the mobile device; (b) storage of files that are automatically cached by the web browser to enhance viewing; and/or (c) the printing of a reasonable number of pages from the website for a permitted purpose;
  2. The modification of copies of any materials from the RIA app or the deletion or amendment of any copyright, trademark, or other proprietary rights notices from copies of materials from the RIA app;
  3. The use of images, graphics, video, or audio material separately from any accompanying text;
  4. The reproduction, sale, or use, for commercial purposes, of any part of the RIA app, access to the RIA app or the use of the RIA app or any services or materials made available via the RIA app.

If any part of the RIA app is printed, copied, modified, downloaded, or otherwise breaches the Terms and Conditions, the right to use the RIA app expires immediately and all issued copies of the materials must be returned or destroyed. No rights, titles, or interest in or to the RIA app or any content from the RIA app may be transferred, and RIA, its licensors, and all companies forming part of the Euronet group of companies, and their licensors shall reserve all rights. Any use of the RIA app not expressly permitted by these Terms and Conditions constitutes a violation of these Terms and Conditions and possibly violates copyrights, trademarks, and other laws.

16. SEVERABILITY CLAUSE

If any provision of these General Terms and Conditions is or becomes void or invalid, the remaining part of the General Terms and Conditions shall not be affected thereby. Void or invalid provisions shall be replaced by such valid provisions that correspond as closely as possible to their economic purpose. The same procedure shall be applied if a loophole in the contract arises, or a provision proves to be unenforceable.

17. APPLICABLE LAW

These General Terms and Conditions, as well as the money transfer order between the Customer and RIA, are governed exclusively by Swiss substantive law, excluding the conflict of legal provisions.

18. JURISDICTION

All disputes arising from these General Terms and Conditions and this Money Transfer Order shall be subject to the exclusive authority of the ordinary courts at the registered offices of RIA.

19. CUSTOMER SERVICE

RIA values all customers and takes commitments seriously. You may contact our customer service department regarding our service via telephone at 0800 372 372, via e-mail to CH_CS@riafinancial.com, or via mail at RIA Financial Services GmbH, Langstrasse 192, 8005 Zurich.

Status of these General Terms and Conditions: 22.08.2022.

Ria Financial Services. © 2021 Continental Exchange Solutions, Inc. All rights reserved.