BELMONEY TERMS AND CONDITIONS
Regulatory Information
Belmoney S.A., with registered office at Avenue Louise 54, 1050
Ixelles,
Belgium, and company number 0540.745.997 RPM Brussels, is an
authorized
payment institution supervised by the National Bank of Belgium (NBB)
under
Directive (EU) 2015/2366 on payment services (PSD2).
Belmoney is also subject to Belgian and EU legislation on Anti-Money
Laundering
and Counter Terrorist Financing (AMLD), the General Data Protection
Regulation
(GDPR – Regulation (EU) 2016/679), and applicable consumer protection
laws.
Definitions
For the purposes of this Agreement:
• “Agreement” means these Terms & Conditions, together with the
Privacy
Policy and Cookie Policy.
• “Belmoney”, “we”, “us”, or “our” refers to Belmoney S.A.
• “Customer”, “you”, or “your” refers to the individual using
Belmoney’s
Services.
• “Services” means money transfer, foreign exchange, Remittance as
a
Service (RaaS), correspondent activities (the HUB), and online
remittance via
the “Happ” app.
• “Transaction” means a payment order executed by Belmoney on behalf
of a
customer.
• “Sender” means the person instructing Belmoney to send money.
• “Beneficiary” means the person designated to receive the
funds.
• “Funding Instrument” means a debit card, credit card, or bank
transfer
used to pay for a Transaction.
• “Business Day” means any day banks in Belgium are open for
business,
excluding weekends and public holidays.
• “High-Risk Country” means a jurisdiction designated as high-risk by
the EU,
FATF, or Belgian authorities.
• “Restricted Activities” means activities prohibited under Section
7.3.
1. OUR AGREEMENT WITH YOU
1.1 Parties Involved
These Terms and Conditions (“Agreement”) govern your use of the
online
payment services provided by Belmoney SA (“Belmoney”, “we”, “us”,
“our”), a payment institution authorized and supervised by the
National Bank of
Belgium registered at Avenue Louise 54, 1050 Ixelles, Belgium,
company
number 0540.745.997. By creating a Profile and/or using the Services,
you
agree to be bound by this Agreement.
1.2 Related Documents
This Agreement should be read together with our Privacy Policy and Cookie Policy (together, the “Policies”). The Policies describe how we process personal data and use cookies and similar technologies.
1.3 Access to this Agreement and Policies
The current versions of this Agreement and the Policies are available
on our
website/app. Please download and keep a copy. We may update them
in
accordance with Section 18.
1.4 Acceptance of Terms
You accept this Agreement by ticking to accept during registration or before initiating a transaction, or by continuing to use the Services.
1.5 Key information you should review
·
Please pay particular attention to:
Section 4 (Sending Money) – how to fund and submit transfers.
·
Section 5 (Fees & FX) – service fees, exchange rates, and
third-party
charges.
· Section 7 (Restrictions) – prohibited/restricted activities and our rights.
· Section 9 (Errors/Refunds) – how to report issues and when refunds apply.
· Section 14 (Liability) – limits and exclusions.
·
Section 18 (Changes) – how we change Services/terms consistent
with
applicable law.
IMPORTANT: By continuing to use our Services, you signify your
understanding and acceptance of the terms outlined in this
Agreement.
2. OUR SERVICES
2.1 Money Transfers
The Services enable customers resident in the EEA (and other
supported
locations listed on our website) to send funds to a Beneficiary via
supported
payout methods (e.g., account deposit, wallet, cash payout) in
designated
corridors. A “Transaction Amount” is the amount you fund; the
“Payout
Amount” is what the Beneficiary receives, net of applicable fees and
FX.
2.2 Intended Use
The Services are intended for personal, consumer use (peer-to-peer and family support). Use for commercial payments or for persons you do not know, or trust is not permitted unless explicitly allowed by Belmoney.
2.3 Third-Party Agreements
The Services may rely on third-party Service Providers (banks, processors, payout agents, telecom providers). Your use of such services may be subject to additional terms imposed by those providers.
3. GETTING STARTED AND USING OUR SERVICES
3.1 Profile Creation
You must create a Profile to use the Services. A Profile is not a
bank or
payment account and does not hold funds.
3.2 Registration
You must provide accurate information and complete KYC as required (see Section 8). You may need to create security credentials and install our app.
3.3 Individual Use
You must act on your own behalf and not on behalf of others.
3.4 Keep information up to date
You must keep your details (including residency address) accurate and up to date and promptly notify changes. Changes in residency may affect eligibility and applicable terms.
3.5. Eligibility
To use the Services, you must:
(a) accept this Agreement;
(b) be 18+;
(c) be resident in a supported country (as listed on our website); and
(d) complete identity verification and other checks.
3.6. Restricted Persons and Territories
You may not use the Services if you are subject to sanctions or in
jurisdictions we do not support. We may apply enhanced due diligence
or decline transactions involving high-risk jurisdictions consistent
with AML/CFT laws (see
Section 7.2).
3.7. Single Profile
You may hold one Profile. We may limit multiple emails or instruments linked to a single individual.
4. SENDING MONEY
4.1 Funding instruments
You may fund a transfer by card (credit/debit) or bank transfer (e.g., SEPA), as made available.
By selecting a card, you:
(a) authorize charges for the
Transaction Amount and fees;
(b) confirm the card is valid and lawfully yours; and
(c) authorize us to verify with the issuer.
4.2 Bank funded payments
Pay from a bank account in your own name using the reference/instructions we provide, within the specified timeframe. You are responsible for providing correct amounts and references.
4.3 If funding is incorrect
If payment is late, from an ineligible account, for an incorrect
amount, or with
wrong references, we may:
(a) delay or cancel the Transaction;
(b) refund subject to checks;
(c) suspend/terminate the Services; or
(d) comply with any
legal/regulatory process impacting refunds.
4.4 Processing
Submitting a transfer is an offer to us. We may accept or decline in
our
discretion (consistent with law and this Agreement). The Services are
for
consumer use only.
4.5 Transaction execution time (indicative)
Execution depends on corridor, payout method, bank cut-offs,
controls, and
time zones. Estimated times will be shown before you confirm. Times
are
indicative and not guaranteed. For example:
1. Brazil Account Deposit – Immediately
2. Brazil PIX – Immediately
3. International Account Deposit – Same day if made during the day.
The
operations made after 16:00 PM (CET) will be paid on the following
day.
4. e-Wallet Deposits – 3 hours
5. Cash pick-ups – Available immediately for withdrawal in the
corresponding agency
6. Home delivery – 24h
4.6 Information we need
We require:
(a) accurate Sender/Beneficiary details;
(b) cleared funds;
(c) your consent; and
(d) completion of any identity/limit/AML checks. If checks are pending, processing may be delayed.
4.7 Card authorization
You authorize charges to your selected card. If a payment attempt
fails, we
may retry using the same instrument, in accordance with network rules
and your issuer agreement.
4.8 Transaction Information
Please check all details before confirming; changes may not be
possible
afterwards. Refunds/cancellations are handled under Section 9.
4.9 Accuracy
Ensure all Transaction details are accurate as changes might not be possible after submission. Refunds or cancellations may be possible under specific circumstances.
4.10 Other protections
Your card or bank provider’s agreement may give you additional protections (e.g., chargeback rules). Refer to that agreement.
5. PAYING FOR OUR SERVICES AND CURRENCY EXCHANGE
5.1 Service fee
You agree to pay the Service Fee displayed before you confirm. Fees may be deducted from the Transaction Amount or charged separately.
5.2. Payment methods
Pay only via the methods we disclose (e.g., supported cards or bank transfers).
We are not obliged to accept other payment methods.
5.3. Additional charges
If our costs arise due to your funding instrument (e.g., insufficient
funds,
chargebacks), you agree to reimburse us on demand.
5.4. Currency conversion & exchange rates (IFRS 15 disclosure)
Where currency conversion applies, we will display the exchange rate
and the resulting Payout Amount before you confirm. The rate disclosed
must equal the rate applied. Belmoney, acting as Merchant of Record
and principal under IFRS
15, records gross revenue and may earn a spread on FX.
If there is any discrepancy between the disclosed and applied rate,
we will
correct it and arrange reimbursement of the difference.
Repeated
manipulation or mis-disclosure by any partner may lead to suspension
or
termination under Section 7.4.
5.5. Third-party fees
Your bank, card issuer, telecom or internet provider may charge fees
(e.g.,
cash-advance or international fees). You are responsible for
these.
5.6. Taxes
You are responsible for any taxes arising from your use of the
Services, in
accordance with applicable law.
6. RECEIVING MONEY
6.1 Service providers
Funds are made available to Beneficiaries through Belmoney’s network
of local banks, financial institutions, and authorized agents
(“Service Providers”).
Service Provider locations, hours, and availability may vary. Funds
not
collected within 60 calendar days are cancelled and refunded to the
Sender (less applicable fees).
6.2 Verification
Beneficiaries must present valid government identification and any reference number provided by Belmoney or its Service Providers. Service Providers may impose additional verification requirements in compliance with local regulations.
7. IMPORTANT SERVICE RESTRICTIONS
7.1 Right to refuse transactions
Belmoney may refuse or suspend any Transaction to protect Customers, comply with regulatory obligations, or mitigate risk.
7.2 High-risk countries
Transactions involving High-Risk Countries are subject to enhanced
due
diligence. Belmoney may suspend, delay, or refuse such Transactions
at its sole discretion.
7.3 Restricted activities
Customers may not use Belmoney Services for illegal purposes,
gambling,
controlled substances, adult content, or other prohibited
activities.
7.4 Actions we may take
Belmoney may:
· Suspend or terminate Profiles.
· Delay, cancel, or reverse Transactions.
· Report suspicious activity to authorities.
Customers will be notified where legally possible.
8. DATA PROTECTION AND PRIVACY
8.1 Privacy and Cookie Policies
Processing of personal data is governed by Belmoney’s Privacy and Cookie Policies, available on our website.
8.2 Cross-border transfers
Personal data may be transferred outside the EEA. Adequate safeguards (e.g., EU Standard Contractual Clauses) will apply.
8.3 Customer identification
In compliance with AMLD, Belmoney collects and verifies personal
data,
including identity documents, proof of address, and information about
the
source of funds.
8.4 Disclosure to authorities
Belmoney may disclose data to regulators, law enforcement, or
judicial
authorities as required by law.
9. ERROR, CANCELLATIONS, AND REFUNDS
·
Error Resolution: Customers must notify Belmoney promptly of
any
unauthorized or incorrect Transaction within 13 months.
· Cancellation: Transactions may be cancelled before completion. Completed Transactions are non-refundable, except where required by law.
· Refunds: Refunds are credited to the original Funding Instrument. Exchange rate differences will not be compensated.
· Tracing Payments: Customers may request payment traces within the EEA.
10. AGREEMENT DURATION AND DURATION
·
Cooling-Off Period: Customers may cancel this Agreement within
14
days of acceptance without penalty.
·
Termination: Either party may terminate the Agreement with one
month’s written notice.
· Post-Termination: Belmoney may retain Customer data as required by law.
11. INTELLECTUAL PROPERTY
Belmoney owns all intellectual property rights related to its
Services,
trademarks, and software. Customers are granted a limited,
non-exclusive,
revocable license to use Belmoney’s app and website for personal,
noncommercial use.
12. DISCLAIMERS
·
Services may occasionally be unavailable due to maintenance or
regulatory obligations.
· Belmoney is not responsible for disputes between Customers and thirdparty merchants.
· While Belmoney applies security measures, it cannot guarantee absolute protection from unauthorized access.
13. CUSTOMER RESPONSIBILITY FOR LOSSES
Customers are responsible for losses caused by:
· Breach of this Agreement.
· Misuse of Services.
· Fraudulent or negligent activity.
14. BELMONEY’S LIABILITY
14.1 General Responsibility
We are liable for foreseeable loss and damage caused by our failure
to
comply with this Agreement or to use reasonable care and skill. We
aren’t
responsible for unforeseeable loss or damage, or loss caused by your
breach or fraudulent actions.
14.2 Defective Digital Content
Paid Digital Content:
If supplied for a fee, we’re liable for ensuring it’s of
satisfactory quality, fit for purpose, matches description, and
without a
general claim that we lack the right to supply it. Remedies may
include repair, replacement, or compensation, subject to Agreement
terms.
Damage to Device: We will repair damage or compensate if defective digital content damages your device due to our failure to use reasonable care and skill.Exceptions exist if damage could be avoided by applying a free update, not following instructions, or not meeting system requirements.
14.3 Exceptions to Liability Limits
Our liability is limited except in cases involving death, personal
injury, fraud, or fraudulent misrepresentation. In these instances, we
acknowledge our
legal responsibilities as required by applicable law.
14.4 Exclusion of Certain Losses
We aren’t liable for business-related losses or losses from our disbursement partners. Our services are for domestic and private use.
14.5 Compliance, Act of God and Force Majeure
We shall not be held liable for any losses or damages arising from
our
compliance with legal and regulatory obligations or due to ‘Events
Outside
Our Control.’ These events are unforeseeable and beyond our
reasonable
control, and may include occurrences such as strikes, natural
disasters, and significant network disruptions.
14.6 Definition of Act of God and Force Majeure
Events Outside Our Control’ are defined as extraordinary events
or
circumstances beyond our reasonable control. These may encompass,
but
are not limited to, severe weather conditions, epidemics,
pandemics,
unavoidable technical failures, and essential system
maintenance.
15. DISPUTE RESOLUTION AND GOVERNING LAW
15.1. Dispute Resolution
In the event of any disputes arising from or relating to the services
provided by Belmoney, customers are encouraged to first report their
concerns directly to the Company. We prioritize addressing and
resolving issues amicably between you, the customer, and Belmoney.
Detailed information on how to file a complaint, including the contact
details and procedures, is available on our
website.
15.2. Alternative Dispute Resolution
Unresolved disputes may be referred to Ombudsfin (Belgium). This process involves an independent third party who will review the dispute and propose a solution.
Escalation Steps:
·
Contact Belmoney’s customer support to attempt direct
resolution
([email protected])
·
If unresolved, escalate the dispute to Belmoney’s dedicated
dispute
resolution team ([email protected])
· If still unresolved, proceed to engage Ombudsfin.
Belgian Ombudsfin (Financial Services Ombudsman) Contact
Details:
Address: Bd Roi Albert II 8, 1000 Bruxelles, Belgium, Phone: +32 2
545 77 70,
Email: [email protected]
European Online Dispute Resolution Platform: Customers also have
the
option to use the European Online Dispute Resolution (ODR) platform,
which
is designed to assist consumers and traders in resolving their online
disputes.
This platform can be accessed at ec.europa.eu/odr.
15.3 Governing Law
The terms and conditions of use for Belmoney online services shall
be
governed by and construed in accordance with Belgian law, without
regard to its conflict of law provisions.
16. CUSTOMER SECURITY OBLIGATIONS
16.1 Importance of security
Security Measures: Belmoney prioritizes user security, employing
various
measures to ensure information safety. Caution in Transactions: Users
are
advised to exercise caution when sending money, especially to
unfamiliar
entities. Deals or offers that seem too good to be true should be
approached with caution.
16.2 User obligations for safe usage
Safekeeping Funding Instruments and Credentials: Users are
responsible for safeguarding Funding Instruments and Security
Credentials (e.g.,
password).
Non-Disclosure: Users must not share Funding Instruments or
Security
Credentials, except during the use of Belmoney’s Services.
Secure Password Practices: Users should avoid writing passwords in
easily
understandable ways and choose strong, non-guessable passwords.
Device Security: Devices used for Belmoney’s Services should have
virus
checks and firewall protection.
Prompt Notification: Users must promptly notify Belmoney of any
service
failures, delays, malfunctions, viruses, or errors.
Contingency Planning: Users should have contingency plans to
address
service unavailability or system failures.
Compliance with Instructions: Users are required to follow
Belmoney’s
instructions for keeping Funding Instruments and Service usage
secure.
16.3 Biometric access
Fingerprint Access: Belmoney may offer the functionality to use
biometric
information, like fingerprint scanning, for Service access.
Device Requirements: Users need a compatible device with the
Belmoney
app and enabled applications for biometric scanning.
Responsibility for Security: Users are responsible for ensuring that
only their biometric information is registered on the device.
16.4 Compromised service notification
Immediate Contact: Users should contact Belmoney immediately if
they
suspect fraud, unauthorized use, or compromised Services usage.
Reporting Inappropriate Use: Users are encouraged to report any inappropriate use of the Service by contacting [email protected].
Phishing Emails: Users should forward any fake (phishing) emails purportedly from Belmoney to [email protected].
17. CHANGES TO SERVICES AND AGREEMENT
17.1 Changes to the services
Service Adjustments: Belmoney may introduce additional service
functionalities or adjust for reasons such as software maintenance,
bug fixes, or security threats.
Subject to Agreement Terms: Additional services are
subject to the terms of this Agreement or other terms and conditions
provided during their availability.
17.2 Changes to this agreement
Modification Authority: Belmoney reserves the right to make changes to this Agreement.
User’s Termination Right: Users have the right to terminate the
Agreement without charge in response to changes.
17.3 Reasons for changes
Various Reasons: Changes may be made for reasons such as correcting errors, reflecting new products or services, responding to legal requirements, and adapting to industry standards.
17.4 Notification of changes
Communication Method: Changes are communicated by posting the revised Agreement on Belmoney’s website and/or app.
17.5 Unilateral changes by Belmoney
Material Change Definition: Users are given at least 2 months’ notice
of a
Material Change, and they can terminate the Agreement without
charge
within this notice period.
18. OTHER TERMS
18.1 Enforcement flexibility
Delayed Enforcement: The fact that we may not immediately enforce certain provisions or take immediate action against a breach of this Agreement does not waive our right to enforce those provisions or act later. For instance, if we provide Services despite a delayed payment, we can still request payment later.
18.2 Severability clause
Legal Findings: If any court or relevant authority deems any part of
this
Agreement unlawful, the remaining sections will remain valid
and
enforceable. Each section operates independently.
18.3 Transfer of agreement
Rights and Obligations Transfer: We reserve the right to transfer our
rights
and obligations under this Agreement to another organization. Users
will be notified of such a transfer, and they can terminate the
Agreement if
dissatisfied with the transfer.
18.4 User’s transfer of rights
Consent Requirement: Users can only transfer their rights or
obligations
under this Agreement to another person with our express written
consent.
Our consent may be restricted by legal and regulatory
obligations,
including anti-money laundering laws.
18.5 Rights enforcement
Third-Party Rights: This Agreement is a binding contract between the
user
and Belmoney. No other person, except as explained in section
13
(Compensation you may owe us), has the right to enforce its
terms.
18.6 Compensation Scheme
Clarification
No Compensation under Scheme: As Belmoney is not obligated to be part
of
any government compensation scheme, no compensation would be
available
under such a scheme in the unlikely event that Belmoney cannot meet
its
liabilities.