TERMS and CONDITIONS (BALIKBAYAN BOX)
1.
All and any business undertaken by B.M. Express International Services and the subsidiary and associated companies thereof (hereafter called “the company”) is transacted subject to the conditions hereafter set up and each and every condition hereafter set out shall be deemed to be a condition of any agreement between the company and its customers.
2.
The company is not a Common Carrier. Whenever the Company is instructed to undertake or arrange transport, storage or any other services, it shall be authorised to entrust the goods or arrangement to third parties subject to the later contractual conditions and shall be bound by such conditions and shall indemnify the Company against claim arising out of their acceptance. The claim arising out of their acceptance.
3.
Customers entering into transactions of any kind with the Company expressly warrant that they are either the owners or authorised agents of the owners of any goods or property the subject matter of transaction and by entering into transaction they accept the conditions for themselves as well as for all other parties on whose behalf they are acting.
4.
Subject to express instructions in writing given by customers the Company reserves to itself complete freedom in respect of means, route and procedure to be followed in the handling and transportation of goods.
5.
The Senders, Owners and Consignees of any goods and their agents, if any shall be deemed to be bound by and to warrant the accuracy of all descriptions, values and other particulars furnished to the Company for customs, consular and other purposes and they undertake to indemnify the Company against losses, damages, expenses and fines arising from an inaccuracy or omission is not due to any negligence.
6.
The Company shall not be liable in any circumstances for any loss, damage or expense arising from or any way connected with marks, weight, numbers, brand, contents quality or description of any goods.
7.
The Senders, Owners and Consignee and their agents, if any, shall be liable for any tax duty, impost or outlays of whatsoever nature levied by the authorities at any port or place or in connection with the goods and for any payments, fine expenses, loss or damage incurred or sustained by the Company in connection therewith.
8.
The Company shall not be liable for loss or damage to goods unless such loss or damage occurs whilst the goods are in actual custody of the Company and under its actual control and unless such loss or damage is due to the willful neglect or default of the Company or its servants.
9.
The Company shall not in any circumstances be liable for damages arising from loss of market or attributable to delay in forwarding or in transit or failure (not amounting to willful negligence) to carry out the instruction given to it.
10.
The Company may charge freight by weight, measurement or value and may in any time re-weight or re-value or re-measure or require the goods to be re-weighed, revalued or re-measured and charge proportional additional freight accordingly.
11.
The Company shall be entitled to open any document, envelope, package or any other container in which the goods are placed or carried to inspect the goods and for the purposes of determining the contents, ownership or destination thereof where any consignment note or other identifying documents or mark is lost, damaged, destroyed or defaced.
12.
The Company will not accept or deal with any noxious, dangerous, hazardous or inflammable or explosive, illegal goods or any goods likely to cause damage. Any person delivering such goods to the Company or causing the Company or causing the Company to handle or deal with such goods shall be liable for any loss or damaged caused thereby and shall indemnify the Company against all penalties, claims, damages, cost of expenses arising in connection therewith and goods may be destroyed or otherwise, dealt with at the sole discretion of the company or any other person in whose custody they may be at the relevant time. If such goods are accepted under arrangements previously made in writing they may nevertheless be so destroyed for otherwise dealt with if they become dangerous to other goods or property. The expression “goods likely to cause damage’ includes goods like to harbour or encourage vermin or other pests.
13.
All agreements between the Company and its customers shall be governed by Australian Law and within the exclusive jurisdiction of the Australian Courts.
14.
The Company shall not under any circumstances be liable for loss damages resulting from fire, water, explosion or theft whether caused by negligence of the Company’s servants or otherwise.
Service Terms and Conditions of Use (MONEY REMITTANCE)
1. User's Acknowledgment and Acceptance of Terms
BM Express International Services Pty. Ltd. ("Us" or "We") provides the BM Express Money Remittance Services via Door-to-Door, Bank Deposit and Cash Pick Up Remittance Service as well as other related services (collectively, the "Service") to you, the user, subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the "Service Terms and Conditions of Use"), as well as any other written agreement between us and you. If you do NOT agree to be bound by these Terms and Conditions of Use, please do not access or use the Service. In addition, when using particular services or materials on this website www.BMExpress.com (the “Site”), users shall be subject to any posted rules applicable to such services or materials that may contain terms and conditions in addition to those in these Service Terms and Conditions of Use.
These Service Terms and Conditions of Use are effective as of December, 2011. We expressly reserve the right to change these Terms of Use from time to time without notice to you. You acknowledge and agree that it is your responsibility to review this site, the Service and these Service Terms and Conditions of Use from time to time and to familiarize yourself with any modifications. Your continued use of the Service after such modifications will constitute acknowledgement of the modified Service Terms and Conditions of Use and agreement to abide and be bound by the modified Service Terms and Conditions of Use.
As used in these Service Terms and Conditions of Use, references to our "Affiliates" include our owners, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, and advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering this site and/or its contents.
2. Overview and Description of the Service
We make various services available on this site including, but not limited to, providing you a fast and convenient way to send money to the Philippines, and other like services. You are responsible for providing, at your own expense, all equipment necessary to use the services, including a computer, modem, and Internet access (including payment of all fees associated with such access).
We reserve the sole right to either modify or discontinue the Service, including any of the Service’s features, at any time with or without notice to you. We will not be liable to you or any third party should we exercise such right. Any new features that augment or enhance the then-current services on this site shall also be subject to these Service Terms and Conditions of Use.
The Service was created to help our customers in Australia to send money transfers to their family and friends in the Philippines. We highly recommend that you use the Service only to send money to the people you know personally. For your protection, you should never use the Service to send money to strangers.
The Service allows people, especially Filipinos to send and receive money from Australia to anywhere in the Philippines. The term "Sender" refers to the person who uses the Service to send money. The term "Recipient" refers to the person who uses the Service to receive money through the Service. The "Destination Country" refers to the country in which the Recipient receives money through the Service. A "Transaction" refers to the specific instruction to send money through the Service. The "Transaction Amount" refers to the amount that the Sender provides for transmittal to the Recipient, excluding applicable fees and prior to any foreign exchange conversion, while the "Payout Amount" refers to the amount paid out to the Recipient, excluding any taxes or charges that may be levied under the laws of the Destination Country (the "Local Taxes").
3. ACCESSING THE SERVICE
a. Eligible Users. You must be at least eighteen (18) years old to access or use the Service as a Sender. You must be able to form legally binding contracts under applicable law. Other restrictions may apply.
b. Not Available to Certain Residents. The Service may not be available in whole or in part in some areas in Australia and in some regions in the Philippines.
c. Offer and Acceptance. If you submit a Transaction this means that you are requesting that we process your Transaction, an offer which we may accept or reject at our sole discretion from our place of business in Minto Australia.
4. PAYMENT
a. Charges. For each Transaction that you submit, you agree to pay us a service fee (the "Service Fee") plus the Transaction Amount. Additional charges may apply. Payment is due at the time your transaction is submitted for processing. BM Express International Services Pty. Ltd. accepts payment in U.S. Dollars and in Aussie Dollars. If you submit a transaction that results in BM Express' being charged with NSF (Non-Sufficient Fund) fees, chargeback fees, or other similar fees, you agree to reimburse us for all such fees.
b. Payment. In order for us to collect payment from you, you authorize us to access, charge, or debit funds from any of the payment instruments you provide us in connection with your use of the Service (each, a "Payment Instrument" including, for example, your credit card, debit card or bank account). If your payment fails or is insufficient, you authorize us to re-try one or more times using the same or a different Payment Instrument. For example, if there are insufficient funds in your bank account at the time you submit your Transaction, we may try to debit your bank account or charge your credit card at a later time. You represent and warrant that you are the lawful owner of your Payment Instrument(s).
c. Other Charges. BM Express International Services Pty. Ltd. is not responsible for any fees or charges that may be imposed by the financial institutions associated with your Payment Instruments. For example (without limitation), some credit card issuers may treat the use of your credit card to use the Service as a "cash advance" instead of a purchase transaction, and may impose additional fees and interest rates for the transaction. BM Express is not responsible for any insufficient funds charges, NSF fees, chargeback fees, or other, similar charges that might be imposed on you by your bank, credit card issuer, or other provider.
5. DISBURSEMENT
a. Service Providers. BM Express International Services Pty. Ltd. works with local banks, money exchange houses, and other third party service providers (each, a "Service Provider") to pay funds out to Recipients. You, in your capacity as a Sender, hereby appoint your Recipient as your agent for the purpose of receiving funds in connection with the Service. We attempt to provide up-to-date information on our website regarding the location, availability, and hours of our Service Providers. However, you agree that BM Express is not responsible for any inaccurate or incomplete information that may be posted on the site.
b. Verification. Recipients may be required to prove their identity before receiving funds by presenting valid, unexpired identification papers from a list of acceptable forms of identification. In addition, Recipients may be required to provide a Transaction tracking number, a personal identification number (or PIN), a "password", a "secret word", and/or another, similar identifier associated with their Transaction. You give BM Express International Services Pty. Ltd. permission to store all such data, as necessary to provide the Service.
6. RESTRICTIONS
a. General. We may, at any time and in our sole discretion, refuse any Transaction or limit the amount to be transferred, either on a per transaction basis or on an aggregated basis. Any such limits may be imposed on individual accounts, linked accounts, or on related accounts or households, in our sole discretion. We reserve the right at any time, and from time to time, to modify or discontinue the Service (or any part thereof) with or without notice.
b. Delays. Your Transaction may be delayed or cancelled in the course of our efforts to verify your identity, validate your Transaction instructions and Payment Instruments, contact and locate you, and otherwise comply with applicable law. Business hours and currency availability may also play a role.
c. Commercial Transactions. You should not use the Service to send money except to people that you know personally. We have no control over, and are not responsible for, the quality, safety, legality, or delivery of goods or services that you pay third parties for using the Service. You acknowledge that any use of the Service to pay for such goods and services is at your own risk.
d. Unauthorized Transactions. You may not use the Service in violation of this Service Terms and Conditions of Use or applicable laws, rules or regulations. It is a violation of the Service Terms and Conditions of Use to use the Service for any of the following activities (without limitation): sexually-oriented materials or services, gambling activities, fraud, money-laundering, the funding of terrorist organizations, or the purchase or sale of tobacco, firearms, prescription drugs, or other controlled substances; or to send money to a Recipient that has violated the Service Terms and Conditions of Use. If you use the Service in connection with illegal conduct, BM Express International Services Pty. Ltd. reserves the right to report you to the appropriate law enforcement agency or agencies.
e. Others. You may not submit or receive a Transaction on behalf of any other person. If you intend to submit or receive a transaction on behalf of a business or other non-human entity, you must inform BM Express International Services Pty. Ltd. of your desire to do so. You agree to provide us with additional information about any such entity, as requested by BM Express.
f. No Changes. We generally do not let you change the details of your Transaction once it's submitted to us for processing. It is your responsibility to make sure your Transaction details are accurate.
g. Restricted Activities. In connection with your use of our website or the Service, or in the course of your interactions with BM Express International Services Pty. Ltd., a user or a third party, you will not:
i. Breach this Service Terms and Conditions of Use, or any other agreement between you and BM Express;
ii. Open more than one account, without our prior written permission;
iii. Provide false, inaccurate, or misleading information;
iv. Refuse to cooperate in an investigation or provide confirmation of your identity or any information you provide to us;
v. Use an anonymizing proxy;
vi. Provide yourself a cash advance from your credit card (or help others to do so);
vii. Use any robot, spider, other automatic device, or manual process to monitor or copy our website without our prior written permission
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7. COLLECTION OF INFORMATION
a. Privacy Policy. By agreeing to this Service Terms and Conditions of Use, you acknowledge and consent to BM Express’ Privacy Policy. The Privacy Policy can be found by clicking here: Privacy Policy.
b. Government Disclosures. We may provide information about you and your Transactions to government authorities and enforcement agencies, as described in our Privacy Policy.
c. Verifying information. You authorize us, directly or through third parties, to make any inquiries we consider necessary to validate the information that you provide to us. This may include asking you for additional information, requiring you to take steps to confirm ownership of your email address or financial instruments, verifying your information against third party databases, or through other sources.
8. PROBLEMS
a. General. Please let us know if you have any problems with the Service. You can contact us using the contact information at the bottom of this Service Terms and Conditions of Use.
BMExpress International Services Pty Ltd
11 Wilshire Street Minto NSW 2566
Phone: +61 2 9820 2645
Fax: 02 98202659
Consumer complaints should be in writing, providing as much detail as possible. Please include the following information:
§ The name of the institution and the name of any person(s) at the institution with whom the complainant has had contact. Include telephone number(s) and addresses.
§ A complete description of the complaint and any efforts that have been made to resolve the complaint directly with the institution.
§ Copies of any available documentation supporting the complaint and efforts toward resolution.
§ Any suggestions regarding a preferred resolution of the complaint.
b. Refunds. In general, we do not provide refunds unless we did something wrong. We will consider your written request for a refund (submitted by email, fax, or mail using the contact information indicated in this Service Terms and Conditions of Use) if you provide the Sender's full name, address, and phone number, together with the Transaction tracking number, Transaction Amount, and the reason for your refund request.
DISCLAIMER OF WARRANTIES
THE SERVICE IS PROVIDED "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
We make reasonable efforts to ensure that Transactions are processed in a timely manner, but we make no representations or warranties regarding the time needed to complete processing because the Service is largely dependent on many factors outside our control. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary state to state. Notwithstanding the foregoing, you may have a right to a refund as expressly described herein.
INDEMNITY
You agree to indemnify and hold BM Express International Services Pty. Ltd., Service Providers, and their respective subsidiaries, officers, agents, partners, and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Service, your connection to the Service, your violation of the Service Terms and Conditions of Use, or your violation of any rights of another.
LIMITATION OF LIABILITY
IN NO EVENT SHALL BM EXPRESS INTERNATIONAL SERVICES PTY. LTD. , SERVICE PROVIDERS, OR THEIR RESPECTIVE SUBSIDIARIES, OFFICERS, AGENTS, PARTNERS, OR EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES BEYOND THE SUM OF $500.00 (IN ADDITION TO REFUNDING THE TRANSACTION AMOUNT AND SERVICE FEES), INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BM EXPRESS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM NEGLIGENCE ON THE PART OF BM EXPRESS, DISBURSEMENT PARTNERS, OR THEIR RESPECTIVE SUBSIDIARIES, OFFICERS, AGENTS, PARTNERS, OR EMPLOYEES.