1. Definitions:
- 1.1. API is the commonly used term for an application programming interface.
- 1.2. Fee Payment means the transfer of funds by you to the Nominated Account in settlement of a sum of money due by you to the TME Client.
- 1.3. Final Transfer means the transfer of the Fee Payment by TME into the account of the TME Client.
- 1.4. Nominated Account means TME’s bank account to which the Fee Payment is required to be made.
- 1.5. Platform means the payment system by which Fee Payments can be arranged, including but not limited to, an API with the TME Client, the Website or alternative methods as may be notified to you.
- 1.6. Service means the facility offered by TME which allows you to make a Fee Payment using the Platform but does not mean that TME is providing you with any other service other than your use of the Platform.
- 1.7. Service Provider means any company which TME may engage to assist with the provision of the Service.
- 1.8. TME means TransferMate Limited, having its registered office at IDA Business & Technology Park, Ring Road, Kilkenny, Republic of Ireland, R95 ETN5, acting always through its global subsidiaries (details of which are set out at https://www.transfermate.com/regulations/), which trade under the Transfermate Education brand.
- 1.9. TME Client means an educational institution or student housing provider of TME who has requested TME to collect fees from you in order to pay monies contractually due by you to the TME Client.
- 1.10. Website means www.transfermateeducation.com.
- 2.1. TME is engaging with you as a collection agent for the TME Client under whose authority TME is requested to collect funds due by you to the TME Client. TME’s engagement with the TME Client is provided subject to the relevant local law and regulatory requirements in the countries or states in which the TME Client is located and governed by a confidential legal agreement between TME, who is providing the payment service, and the TME Client. All Fee Payments TME receives from you are held for the benefit of the TME Client. At all times when TME engages with you, it does so as an authorized representative of the TME Client and has no direct service obligations to you.
- 2.2. You are under no obligation to use TME as a collection agent for the TME Client.
- 2.3. TME reserves the right to use a Service Provider to provide the Service, whom at all times will be subject to the relevant local law and regulatory requirements in the country in which the Fee Payment is undertaken. TME’s use of a Service Provider does not create a contractual relationship between you and the Service Provider. TME will, at all times, be responsible for the provision of the Service for the benefit of the TME Client.
- 2.4. Your access and use of the Service is strictly subject to these Terms of Use, the Privacy Statement, notices, disclaimers, and warnings applicable from time to time and available on the Website.
- 3.1. By selecting the checkbox indicating you agree to these Terms of Use, you acknowledge and agree that you have read and understood these Terms of Use and consent to any applicable fees and charges which are set out on the Platform.
- 3.2. TME may modify these Terms of Use at any time and it is your obligation to ensure you have read and understood the applicable Terms of Use each time you use the Service.
- 4.1. Any information and documentation that TME accepts from you, is done under the authority of the TME Client. The information and documentation required varies according to your home country and TME may require additional information regarding you or particular transactions before TME fulfills its obligations to the TME Client.
- 4.2. You hereby represent and warrant the accuracy and completeness of the information and documentation you provide. Your failure in this regard may result in a delayed or non-delivered Final Transfer, for which you are responsible, and TME has no resultant liability for any delays in making the Final Transfer.
- 5.1. You shall be required to follow the payment instructions given via the Platform to enable you to successfully complete your Fee Payment by ensuring the payment of the full amount due within the time period is provided to TME, otherwise there is a strong likelihood that the payment will be rejected by TME on behalf of the TME Client.
- 5.2. Subject to clause 5.4, TME commits to holding the applicable foreign exchange rate (where a rate is required to transfer the Fee Payment into the currency required by the TME Client) for forty-eight (48) hours. A failure by you to complete the Fee Payment within this time period shall release TME from this rate commitment. A failure by you to effect the Fee Payment in full and within these timelines may lead to the TME Client incurring a loss, and it is a matter between you and the TME Client as to whether the TME Client makes you accountable for this loss.
- 5.3. TME shall use reasonable endeavors to engage with you after you reserve your Fee Payment in order to guide you through the steps required to meet your obligation to the TME Client, and you consent to TME using the contact details provided by you in order to assist you with completion, and remind you of the deadlines for making the Fee Payment. It remains at all times your responsibility to complete this, with or without engagement by TME.
- 5.4. In exceptional circumstances where there is significant foreign exchange rate volatility between the point at which you reserve your Fee Payment and when you are due to make the Fee Payment, TME may be required to reject the Fee Payment as the TME Client would be underpaid in the Final Transfer. TME will do all it can to minimise the likelihood of this arising, but you accept that there is no legal imperative on TME to allow you a full 48 hour period, where foreign exchange rate volatility arises. It is therefore always in your best interest to ensure you make the Fee Payment directly after you reserve your Fee Payment.
- 5.5. The means of making the Fee Payment are set out on the Platform (and may include wires, bank transfer, credit card payment– which includes ACH or other pull payments) and shall vary according to your home country and the profile of the TME Client. It is essential that you have the authority to make the Fee Payment and to use the funds which are used to fulfill the Fee Payment.
- 5.6. In the event that you make the Fee Payment by credit card, you may have a recall right for a period (“Chargeback Right”) after the Fee Payment has been made, notwithstanding that TME has made the Final Transfer. In the event that you invoke your Chargeback Right successfully (noting the TME Client may instruct TME to defend this invocation where it is not legitimately exercised), then TME will no longer provide the Service to you and the TME Client may seek to recover those funds due by you directly. The decision to invoke your Chargeback Right should only be taken where you have legitimate grounds and are aware that this may impact on your legal relationship with the TME Client. Please note that TME may share information (such as name and reference number) with the TME Client to allow them to investigate your invocation of your Chargeback Right.
- 6.1. You acknowledge and agree that you have the right, including all necessary permission and consents, to input all information required into the Platform. If you are completing the Fee Payment on behalf of the student named on the TME Client’s documentation, including as an agent or family member of the student, you represent and warrant that you are acting in compliance with all applicable law and regulation, and understand that TME may require additional documentation about both you and the student in order to successfully process this Fee Payment.
- 7.1. TME acts as a collection agent for the TME Client and can only affect a refund at the direction of the TME Client. If you conclude that a refund is due to you, you are required to contact the TME Client directly.
- 7.2. In instances where TME is instructed by the TME Client to issue a refund to you, TME may require additional details from you within a defined timeframe in order to allow the refund to be made by TME. You agree that TME may contact you using the contact details provided by you in order to enable you to receive the refund.
- 7.3. Please note that TME can only refund the amount of the local currency which you originally paid and will never refund an amount higher than the original amount paid by you. Due to fluctuation in fx rates, you accept that this may result in a lower amount being refunded to you than the original amount you paid to TME.
- 8.1. You agree to comply with all security procedures governing the Platform and to keep all passwords secure in accordance with the TME Client’s requirements.
- 9.1. The current charges and exchange rates applicable to the Service are set out on the Platform.
- 9.2. TME reserve the right to make changes to the charges and exchange rates from time to time and these will be displayed on the Platform in advance of you reserving the Fee Payment.
- 10.1. The Service is made available as is and to the maximum extent permitted by law. Neither the Service or the Platform is made available with any condition, warranty, or representation from TME as to suitability or accessibility, either expressed or implied. This includes, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill which, but for this legal notice, might have effect in relation to the Service or the Platform.
- 10.2. You accept and acknowledge that TME does not provide any investment advice, including without limitation, on the merits of making the Fee Payment and its likely implications. You must make a decision to use the Service based solely on your own judgment or with having availed of prior independent advice.
- 11.1. TME (and where applicable its affiliates, suppliers or licensors) are the sole and exclusive owner(s) of all intellectual property (“IP”) which forms directly or indirectly (1) the Service, (2)the Platform, and any other IP arising from your use of the Service or other ancillary services.
- 11.2. Derivative use of the Service and Platform is strictly prohibited, including any use of data mining, robots or similar data gathering, reverse engineering and extraction tools irrespective of whether there is an intent to damage or impair the Service, and any such activities shall be deemed a material breach of these Terms of Use
- 12.1. You agree to cover any loss, costs or damages suffered by TME and TME’s respective subsidiaries, affiliates, officers, employees and agents from any claim or demand, including legal fees and expenses, in connection with or related to (a) any inaccurate information or documentation providedby you, or (b) arising out of your (i) illegal, unlawful or negligent use of the Platform; (ii) intentional misuse of the Platform; or (iii) breach of the Terms of Use
- 12.2. Nothing in these Terms of Use will exclude or limit TME’s liability for: (i) death or personal injury; (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under applicable law.
- 12.3. TME shall not be liable for any suspension, withdrawal or termination of the Service or interruptions to the Service.
- 12.4. TME’s liability to you is limited to the amount of the Fee Payment.
- 13.1. By accessing or using the Platform, the Website, and the Service, you understand and agree that TME may collect and retain personal or other information about you. This enables TME to set up a basic profile for you, which contains essential information to allow TME engage with you in future, both for the purpose of making this Fee Payment and receiving refunds, where applicable.
- 13.2. You may be asked when providing this personal information if you consent to TME using your personal information for other purposes, including but not limited to contacting you in advance of future dates on which Fee Payments are due to the TME Client or in respect of additional services which TME provides (“Additional Services”). The decision on whether to provide this consent to being contacted in respect of Additional Services is entirely at your discretion and will not impair the operation of the reservation or operation of the Fee Payment set our herein. Please note that as an essential part of delivering the Service to you and notwithstanding your consent or otherwise to Additional Services, TME retains the right to contact you as set out in clauses 5.3 and 7.2 above.
- 13.3. TME shall use the personal data only to provide the Service to the TME Client, and always as set out in TME’s Privacy Statement available at https://transfermateeducation.com/.
- 14.1. These Terms of Use and any disputes or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation are governed by and construed in accordance with the laws of the Republic of Ireland, and each party hereto irrevocably submits to the exclusive jurisdiction of the courts of the Republic of Ireland.
- 14.2. TME shall be entitled to sub-contract any or all of TME’s obligations or assign or sub-license any or all of TME’s rights under these Terms of Use. TME shall remain responsible for obligations which are performed by the sub-contractors and for the acts or omissions of the sub-contractors as if they were the acts or omissions of TME.
- 14.3. If any provision or part-provision of these Terms of Use is or becomes invalid, illegal, or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision shall not affect the validity and enforceability of the rest of these Terms of Use
- 14.4. No one other than you or TME shall have any right to enforce any of these Terms of Use.