SIKAFX Terms and Conditions

The Terms and Conditions listed below govern the access and use of our website (hereinafter called "the Website") and mobile phone application ("the Application") that enable you to transfer money ("the Service").

You hereby acknowledge and agree that the English language version of these Terms and Conditions is the applicable version for all languages. Any other language version we may provide is for guidance purposes only. Any dispute or claim arising out of or in connection with the present Terms and Conditions or their subject matter or formation (including non-contractual disputes or claims) will be considered in relation to the English version only.

In the present Terms and Conditions, the terms "SikaFX", "we", "us", "our" refer to SikaFX Ltd and "you", "your" refer to any person who accesses and/or uses the Service as a Sender.

The Service was created:

• to assist customers to send money to their family and friends, in Ghana and any new countries where we may offer our services
• to offer other services in line with our remittance service. For security reasons, we recommend that you only send money through the Service to people you know personally. You must not use the Service to send money to strangers, for example sellers of goods and/or services, whether private or retail.

It is important that you understand that access and use of the Service is conditional on your acceptance of the present Terms and Conditions. At all times, may you request to receive a copy of these Terms and Conditions via post or email. Please send an email to customerservice@sikafx.co.uk.

SikaFX operates the Website and the Application that enable you to transfer money using a device connected to the Internet and/or a mobile phone.

SikaFX Ltd. is a company incorporated and licensed under the laws of the United Kingdom, (company number 11428954) engaged in the business of funds remittance with its Registered Office located 1st Floor, North Westgate House, The High, Harlow, Essex, United Kingdom, CM20 1YS.

SikaFX Ltd. is regulated by the Financial Conduct Authority under the Small Payment Institution license with FCA Number 816658.

We can be contacted via the following means:

• Email using the email address: customerservice@sikafx.co.uk,
• Website: www.sikafx.com

As a fully regulated financial institution and with a purpose of providing the Service we are bound by the legal requirements to obtain, verify and record information about our customers. Therefore, we may request from you or consult any legal sources to obtain your personal data and required KYC information when offering the Service to you.

Your personal information will be treated and processed securely and strictly in accordance with applicable laws and regulations.

Customer information will be treated as confidential, unless where it is already public knowledge or where it becomes public knowledge through no fault of our own.

We may disclose customer information if we are required to do so by law, by our financial partners in order for them to fulfil their regulatory obligations, by court order, by any statutory, legal or regulatory requirement, by the police or any other competent authorities in connection with the prevention or detection of crime or to help combat fraud, money laundering and terrorism financing. We may also report suspicious activity to appropriate competent law enforcement or government authorities.

For more details and information regarding the confidentiality, privacy and security please refer to our Privacy Policy.

By using the Service, you warrant that you are at least 18 years old and that you have a legal capacity to enter into legally binding contracts.

Without prejudice to your rights in relation to any order for Service in relation to which we issued a Confirmation (in accordance with clause 7 below), we reserve the right, at any time, to terminate or suspend your access to the Service without prior notice if:

• You use the Service or attempt to use it for any Prohibited Purpose;
• You attempt to transfer or charge funds from an account that does not belong to you;
• We receive conflicting claims regarding ownership of or the right to withdraw funds from a debit or credit card account;
• You have provided us with false evidence of your identity or you keep failing in providing us with true, accurate, current and complete evidence of your identity or details regarding transactions;
• You have failed to successfully pass our customer due diligence and sanction checks;
• You are in breach of these Terms and Conditions;
• We have reason to believe that any of the foregoing has occurred or is likely to occur;
• In case of any of the circumstances listed in clause 7.4;
• You attempt to tamper, hack, modify, overload, or otherwise corrupt or circumvent the security and/or functionality of the Website and/or the Application or to infect it with any Malicious Code; or
• A Compliance Officer has taken a discretionary decision to do so.

Clause 7.5 applies.

Mobile Top Up/money – A number of countries around the world have chosen to apply local taxes to incoming Airtime Top Ups and mobile wallets. When sending to a Recipient in these countries the corresponding deduction will be made from the Transaction Amount. Meaning the Recipient will get a lower amount of Airtime Top Up/Mobile Money.

If funds are sent via a recipient form, before your Transaction is complete you will be provided with the following information:

• The amount the Recipient will receive,
• The maximum total Fees that you will be charged,
• An indication of the exchange rate that we will apply to your Transaction,
• The location and documentation needed from the Recipient in order to collect the money (in case of cash collection),
• An estimation of time it will take for the funds to be made available to the Recipient.

After you place a Transaction order via the Website using a recipient form, an e-mail will be sent to you acknowledging that your order has been received. After you place a Transaction order via the Application, you will receive a confirmation in the Application. Please note that this does not mean that your order is accepted. Any placement of a Transaction order shall be deemed to constitute your explicit approval and authorisation of such order. Any approval can be revoked by you up until the moment the Recipient has been paid in accordance with clause 12.

A Transaction order constitutes solely an offer to buy our Service, which is subject to our discretionary acceptance. As part of the order, we will communicate the involved Fees and exchange rate. This does not yet constitute our acceptance. Such acceptance will be communicated to you either (i) via e-mail confirming that we are processing your request or (ii) through a confirmation in the Application (hereinafter called "the Confirmation"). The contract between you and us (hereinafter called "the Contract") will only be formed when the Confirmation has been sent. The Transaction can still be revoked by you after Confirmation, but before payment to the Recipient in accordance with clause 12.

The Contract relates solely to the Service that have been confirmed accepted in the Confirmation.

We reserve the right to refuse to perform a Transaction (including after Confirmation) if:

• We are unable to obtain satisfactory evidence of your identity;
• You provide us with false, incorrect or incomplete information;
• We are unable to reach you via contact details provided by you;
• Your transfer order, information or documentation is not provided sufficiently in advance to allow us to process it in accordance to your request;
• You are in breach of these Terms and Conditions;
• You or the order you placed are in breach of any applicable laws or regulations or are made for a Prohibited Purpose;
• Processing the Transaction in accordance with your order may expose us to liability;
• We are unable to process your Transaction due to variations in business hours, currency exchange or currency availability issues or due to any Force Majeure Event;
• We have reason to believe that any of the foregoing has occurred or is likely to occur; or
• A Compliance Officer has taken a discretionary decision to do so.

We shall notify you of any exercise of our rights in this clause, including the reasons thereof and any follow-up procedure for correction, unless prohibited by applicable laws and regulations.

We shall not be liable for any damages, costs or losses incurred by the Sender or the Recipient or any third party if, as a result of any of the circumstances referred to in clause 5.2 or 7.4, we fail to complete the transfer of funds in accordance with an order.

If a money transfer you ordered is delayed or fails, you may have a right to receive a refund or compensation under Money Transfer Regulations. Please contact us at customerservice@sikafx.co.uk for more information regarding refunds and compensations.

Claims for refund or compensation must be supported by all available evidence.

Notwithstanding clause 9.1 above, SikaFX may, in its absolute discretion, or shall if required by law, attempt to cancel or recall your Instruction if you have informed us that you wish to revoke it. In some cases, SikaFX may have initiated an irreversible request for funds to be paid out to your Payee by a Service Provider and therefore cannot guarantee cancellation will be successful. For successful revocations SikaFX will normally refund your money, less any reasonable revocation, recall or tracing charges and any Service Fees already charged, within four (4) Business Days.

If you have any problems using the Service or are aware of any unauthorised or incorrectly executed Transactions; you should contact us through the channels listed at the end of these Terms and Conditions without delay and in any event no later than 13 months after the date the Transaction Amount was debited, upon becoming aware of the unauthorised or incorrectly executed Transaction. A request for a refund must be submitted in writing (including by email) to one of the contact points listed at the bottom of these Terms and Conditions, giving the Sender's full name, address, and phone number, together with the Transaction tracking number, Transaction Amount, and the reason for your refund request.

If we have executed the Transaction in accordance with the instructions you have provided to us, and that information proves to have been incorrect, we are not liable for the incorrect execution of the Transaction. We will however make reasonable efforts to recover the funds. We may charge you a reasonable fee, reflective of our efforts, to do so.

Where SikaFX has executed the Transaction otherwise than in accordance with your Instruction, SikaFX will refund the full amount debited. Unless there are exceptional circumstances, no adjustment will be made for any currency fluctuations which may have occurred between the time you pay us the Transaction Amount and the time of credit.

We shall neither be liable for any breach of our obligations under the Contract to you nor for any failure or delay in performance of any obligations under the Contract arising from or attributable to acts, events, omissions or accidents beyond our reasonable control, including, without limitation, where our failure to perform our obligations arise from:

• an act of God, fire, flood, earthquake, windstorm or other natural disaster, explosion or accidental damage, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, export controls, breaking off of diplomatic relations or similar actions, terrorist attack, civil war, civil commotion or riots, pandemic or epidemic, industrial disputes, shortages of raw materials or components, general disruptions to transportation, telecommunication systems, power supply or other utilities;
• the acts, decrees, legislation, regulations or restrictions imposed by any government or state;
• the actions or omissions of the third parties;
• malfunctions in communications facilities which cannot reasonably be considered to be under our control and that may affect the accuracy or timeliness of messages you send to us;
• any losses or delays in transmission of messages arising out of the use of any internet access service provider or caused by any browser or other software which is not under our control; or
• any Malicious Code interfering with the Service

(each, a "Force Majeure Event").

Our performance under the Contract shall be deemed suspended for the period that the Force Majeure Event continues and the time for performance will be extended for the duration of that period. We will use our reasonable endeavours to find a solution by which our obligations under the Contract may be resumed despite the Force Majeure Event.

You will not use the Service unless you are at least 18 years old and you have a legal capacity to enter into legally binding contracts.

The total amount (the Transaction Amount, Service Fee and other applicable fees and charges) that you will be required to pay and the relevant exchange rate will be displayed clearly on the website before you are asked to confirm your Transaction and proceeding with the Transaction at this point is entirely optional.

You shall comply with these Terms and Conditions as well as with any applicable laws, rules and regulations.

In relation to your registration and use of the Service you will:

• provide us with accurate, current, complete and true evidence of your identity and any additional information or evidence we may require to confirm your identity;
• supply us with all information and documentation we may ask in order to process your transfer and to comply with any legal requirements applicable to us or to our partners (including without limitation, the Money Transfer Regulations and the Money Laundering Regulations 2017);
• update all information you provide to us to keep it accurate, current, complete and true;
• not use the Service for or in connection with any Prohibited Purpose or attempt to tamper, hack, modify, overload, or otherwise corrupt or circumvent the security and/or functionality of the Website and/or the Application or to infect it with any Malicious Code;
• transfer money only from your own credit, debit card or bank account. You may not submit a Transaction order on behalf of another person;
• not open more than one account with us;
• keep your Reference Number secure, you must not share the Reference Number or any other transaction details with anybody except the Recipient;
• use the Service to send money only to people that you know personally and not to pay for goods or services from third parties you do not know and trust. You acknowledge that SikaFX may refuse to process your Transaction Request where we believe you are using the Service to purchase goods or services from third parties you do not know and trust or where we believe that the Service is being used, by you or the Recipient, in furtherance of fraudulent, illegal or Prohibited activities. If you choose to pay third parties for goods and services using the Service, you acknowledge that SikaFX has no control over, and is not responsible for, the quality, safety, legality, or delivery of such goods or services and that any such use of the Service is entirely at your own risk.

You understand and accept that:

• We are legally obliged to retain information about our users and the Transactions that we process for up to 5 years after termination of our relationship with you or as may be required from time to time by applicable law or by any regulatory authorities;
• All currency converted as part of the Service will be converted using our rate of exchange (as published on the Website and/or the Application or as may be communicated to you before we issue a Confirmation) and a FX Spread may apply. We reserve the right to make changes to our rate of exchange at any time without providing notice;
• We reserve the right to increase the FX Spread when the markets are closed (weekends, bank holidays) to prevent loss stemming from currencies fluctuating and ensure payouts for Senders (we will still display the rate that we are offering on the homepage and the final rate on the checkout page before confirming the Transaction);
• Some countries may impose minimum and maximum thresholds in relation to the amounts that can be sent through our Service;
• You will be liable to us for all losses which we suffer or incur in relation to any fraud or fraudulent activity by you or any breach of the Terms and Conditions by you;
• You must contact us as soon as possible if you believe or suspect that a Transaction was not executed properly or that the amount has not been received or was only partly received;
• It is your responsibility to inform the Recipient of the information he/she will need to provide in order to collect the money you transfer through the Service (such as photographic identification, the exact amount of the send order and the Reference Number).
• SikaFX may, as necessary in providing the Service, store all information required of a Recipient to prove his or her identity or associated with their specific Instruction. Such proofs may include a suitable form of valid, unexpired identification from a list of acceptable papers provided by the Service Provider, and/or a transaction tracking number, a personal identification number (PIN), a "password", a "secret word", or other similar identifiers.

All promotions, bonuses or special offers run by SikaFX are subject to promotion specific terms and conditions and any complimentary bonus credited to your account must be used in adherence with such terms and conditions.

In certain cases, we may conclude promotions, bonuses or special offers before the end of the advertised period or may prolong the period of a promotion, bonus or special offer usually due to abuse, limited up-take of the offer or error.

SikaFX reserves the right to disqualify certain countries from promotional offers.

In the event that SikaFX reasonably suspects that a user of our Service has abused, is abusing or attempting to abuse a bonus or other promotion, or is likely to benefit through abuse or lack of good faith from a policy adopted by SikaFX, then SikaFX may, at its sole discretion, deny, withhold or withdraw from any user any bonus or promotion, or rescind any policy with respect to that user, either temporarily or permanently, or terminate that user's access to his/her account.

If you wish to make a complaint about any aspect of the SikaFX's service, please send your complaint in writing to SikaFX Limited 1st Floor, North Westgate House, The High, Harlow, Essex, United Kingdom, CM20 1YS or by email to customerservice@sikafx.co.uk.

We will acknowledge receipt of your complaint within 2 Business Days. We will investigate your complaint and come back to you with the results of our investigation no later than 7 Business Days after the receipt of our acknowledgement of your complaint.

If you are not satisfied with the manner in which we have dealt with your complaint, or the outcome, then you may refer the matter to email: customerservice@sikafx.co.uk.

The Website and the Application, the content, the name SikaFX and other names, logos, signs, domain names, email addresses and other indications of origin displayed on the Website or the Application relating to our products and/or services and all intellectual property relating to them and contained in them (including but not limited to copyrights, patents, database rights, design right, trademarks,) ("IPRs") are owned by us, our affiliates or third-party licensors. Other names and logos of third-party product, service and companies displayed on the Website may be the trademarks of third parties. You shall not acquire any right, title or interest in any such IPRs by reason of the Service or the Contract and all right, title and interest in and to the Website and the Application shall remain our property and/or the property of such other third parties.

You may use the Website and the Application only for the purpose of the bona fide use of our Service as an individual consumer or business customer and only as permitted by these Terms and Conditions or described on the Website. You are authorized solely to view and to retain a copy of the pages of the Website for your own personal use. The Website and the Application and the Service may not be used for the purpose of testing the Service or to obtain information about the Service or about us. You may not duplicate, publish, modify, create derivative works from, participate in the transfer or sale of, post on the internet, or in any way distribute or exploit the Website, the Application or any portion thereof for any public or commercial use without our express written permission. You may not: (a) use any robot, spider, scraper or other automated device to access the Website or the Application or to use the Service; and/or (b) remove or alter any copyright, trade mark or other proprietary notice or legend displayed on the Website (or printed pages of the Website).

In consideration of you agreeing to abide by these Terms and Conditions, we grant you a non-transferable, non-exclusive licence to use the App, subject to these Terms and Conditions, our Privacy Policy and the applicable app-store terms (incorporated into these Terms and Conditions by reference) as may be amended from time to time. We reserve all other rights.

Except as expressly set out in these Terms and Conditions or as permitted by any local law, you agree:

not to copy the App (except where such copying is incidental to normal use of the App, or where it is necessary for back-up or operational security); and

not to rent, lease, sub-license, loan, alter, translate, merge, adapt, vary or modify the App.

You acknowledge that the App has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the App meet your requirements.

We only supply the App for domestic and private use. You agree not to use the App for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. Specifically (but without limitation), we do not accept any liability for loss or damages to you or any third party resulting from any delay in us processing an Instruction or refusal by us to execute a Transaction pursuant to these Terms and Conditions.

The App is provided to you free of charge and as a result no representations, conditions, warranties or other terms of any kind are given in respect of the App, and all statutory warranties and conditions are excluded to the fullest extent possible under applicable law.

In relation to your use of the App, we do not, in any event, to the extent permitted by law, accept responsibility for:

any failure to perform the Services, or any losses or delays in the transmission of messages, due to circumstances outside our control or due to our obligations under any applicable laws, rules or regulations;

malfunctions in communications facilities which cannot reasonably be under our control and that may affect the accuracy or timeliness of messages we send to one another;

errors in the App or with the Service caused by incomplete or incorrect information provided to us by you or a third party; or

any loss or damage you suffered by you as a result of you using our App on a 'jailbroken', 'rooted' or otherwise modified device.

You acknowledge that these Terms and Conditions shall be entered electronically, and that the following categories of information ("Communications") may be provided by electronic means:

• these Terms and Conditions and any amendments, modifications or supplements to it;
• your records (e.g. of transactions) through the Service;
• any initial, periodic or other disclosures or notices provided in connection with the Service, including without limitation those required by law;
• any customer service communications, including without limitation communications with respect to claims of error or unauthorised use of the Service; and
• any other communication related to the Service or SikaFX.

The Service does not allow for Communications to be provided in paper format or through other non-electronic means. You may withdraw your consent to receive Communications electronically, but if you do, your use of the Service shall be terminated. In order to withdraw your consent, you must contact us using our contact information at the end of these Terms and Conditions.

In order to access and retain Communications, you must have or have access to the following:

• An internet browser;
• an e-mail account, e-mail software capable of interfacing with SikaFX's e-mail servers and the capability to read e-mail from SikaFX, and a device and internet connection capable of supporting the foregoing; and
• sufficient electronic storage capacity on your electronic device's hard drive or other data storage unit; or
• a printer that is capable of printing from your browser and e-mail software.

In addition, you must promptly update us with any change in your email address by updating your profile at https://www.SikaFX.com.

You may terminate these Terms and Conditions on one month's written notice. We may terminate these Terms and Conditions upon two months' notice, except as provided for in clause 13.2.

We may terminate these Terms and Conditions with immediate effect if you:

• become, or we reasonably believe or become aware you are likely to become, insolvent or are declared bankrupt;
• are in breach of any provision of these Terms and Conditions;
• use the Service or the website in a way that is disruptive to our other customers, or you do anything which in our opinion is likely to bring us into disrepute;
• through any means of communication intimidate, harass or threaten SikaFX or its employees with violence, property damage or any other offensive, indecent or hateful material;
• breach or attempt to breach the security of the website (including but not limited to: modifying or attempting to modify any information; unauthorised log-ins, unauthorised data access or deletion; interfering with the service, system, host or network; reverse engineering of any kind; spamming; hacking; falsifying data; introducing viruses, Trojan horses, worms or other destructive or damaging programs or engines; or testing security in any way); or
• are, in SikaFX's reasonable belief, using the Service in connection with fraudulent, illegal or Prohibited activity, or permitting a third party to do so.

If we fail, at any time during the term of the Contract, to insist upon strict performance of any of your obligations under the Contract or any clause of these Terms and Conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract or by law, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.

A waiver by us of any default will not constitute a waiver of any subsequent default.

No waiver by us of any term in these Terms and Conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with these Terms and Conditions.

We reserve the right to revise, amend or replace these Terms and Conditions from time to time. The changed Terms and Conditions as of the effective date as referenced in clause 22.2 will apply to any newly placed Transaction orders as of such effective date.

Changes to this Terms and Conditions which are (1) more favourable to you; (2) is required by law; or (3) relates to the addition of a new service or extra functionality to the existing Service; or (4) any other change which neither reduces your rights nor increase your responsibilities, will come into effect immediately. Changes to exchange rates shall come into effect immediately without notice and you shall not have the right to object to such a change. You may always determine to cease the use of our Service upon such change.

Our Terms and Conditions in force at the time that you order Service from us will have effect between you and us for the purpose of that order. We may notify you of a change to the Terms and Conditions after you place an order but before we send you the Confirmation, in which case, unless you notify us within a reasonable period of time and in any event within seven days that you wish to cancel the order, the revised Terms and Conditions will apply.

These Terms and Conditions and any document expressly referred to in them constitute the whole agreement between us and you and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us and you relating to the subject matter hereof.

You acknowledge that, in entering into the Contract and accepting these Terms and Conditions, you do not rely on, or will have no remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not expressly set out in these Terms and Conditions or the documents referred to in them.

If any court or competent authority holds that any of the provisions of these Terms and Conditions or any provisions of the Contract are invalid, unlawful or unenforceable to any extent, that shall not affect the other terms of these Terms and Conditions or the Contract which will continue in full force and effect to the fullest extent permitted by law.

A person who is not a party to this Agreement shall have no rights to enforce the provisions of this Agreement under the Contracts (Rights of Third Parties) Act 1999.