1. DEFINITIONS:
2. “Bank Card“: any Visa or MasterCard credit card, or a debit card.
3. “Business Day”: any working day in the UK and the recipient country.
4. “Card Issuer“: the issuing authority of the bank card.
5. “Payment Method”: customers require to pay by bank card only.
6. “Prohibited Purpose“: unlawful activities such as gambling, fraud etc.
7. “Receiver / Recipient“: the Beneficiary/Beneficiaries of the transactions.
8. “Sender“: an adult who uses Yarksh online services in transferring the money.
9. “Transaction“: the money transferred using the Yarksh online services.
10. “Yarksh“, meaning “We“, “Our” or “Us” regarding online money transfer services
11. “Yarksh Online Service“: the money transfer service using Yarksh website and the methods of transferring money.
12. “Yarksh Website” or “Website” means www.yarksh.com
13. “You”, “Yours” or “Your” means an adult who uses Yarksh online Services.
14. Digital money account means a pre-paid account for the Yarksh service user
15. Yarksh Fees means the fees they will charge for each and every transfer (this will be shown in the Portal).
16. Transaction means any instruction given by the Yarksh users
17. Transaction Amount means any money debited to Yarksh’s digital Money Account:
18. Website means www.yarksh.com

1. ABOUT US

2.1.     Yarksh is an authorised small payment institution registered in the United Kingdom whose company Registration number is 11232235. The Company is authorised and Regulated by UK Financial Conduct Authority (FCA) FRN:913294 and supervised by HMRC. More information about FCA is available at www.fca.org.uk.

2.2       Yarksh’s office address isat 15 Blackstock Road, Finsbury Park, London, England, N4 2JF. Tel No:020 3556 0765.

2.3       This has been established under the provision of different legislation of the UK to protect customers and encourage lower prices for payments. Any FCA authorised firm must comply with the FCA regulations, and we confirm that we comply with all legislations and Regulations of the UK regarding the requirements for money transfer services online and e-money.

1. Digital Money Account

3.1        This pre-paid account may be used by the Yarksh service user who can only pay by debit card. This is portal-based account and this account must be an interest free account. Salary and other money from the UK may be debited into this account.  If someone wants to stay outside the UK after granting pension, they may use this account where the Pension authority shall pay directly to this account and Yarksh shall transfer this money to the Recipient who lives abroad after deducting Yarksh charges.

3.2       All money debited in this account shall be secured and traceable. On proper instructions this money may be sent to another digital money account. The money debited in the portal may be transferred with a request from the user I a legal manner to any places and/or account on the basis of his instructions.

1. Cancellation of Payment Requests

4.1       Payment request by the sender(s) may be cancelled within one hour of confirming the transfer. It will be beyond the jurisdiction of Yarksh if the sender(s) sends his request after one hour. Yarksh will not be liable for this type of late request.

1. Customer Due Diligence

5.1 For the legal requirement to deal with money transfer and to cope up with the Anti Money Laundering Regulations (AML), the senders or users must provide us with the following documents:

• Valid signed Passport; UK Full driving licence, Residence Permit
• Utility bill.
• Another proof of residence such as bank statements and/or government department letters.
• We may ask for other documents or further information to meet our AML regulatory requirements.

1. Purpose of transfer

6.1       To comply with AML and other Regulations the sender(s)/Users must disclose the reasons for using our service and/or transferring the money to third countries.

1. Relation with the transferee

7.1 The sender(s)/User(s) must disclose their relationship with the beneficiaries/recipients. To avoid any unlawful situation. Yarksh has a right to ask for the documents to identify their relations which may include birth certificate, passport and/or any other documents.

8. OUR SERVICES

8.1. Yarksh Online Service offers money transfer services nationally and internationally. The sender must be at least 18 years old. The Sender must be domiciled and habitually resident in the UK. The Customers will be given an individual transaction number or Money transfer control number at the end of the transaction.  

8.2. By agreeing to these terms and conditions of this agreement the customers have given expressed consent that they shall provide the information required to make a money transfer, the Sender instructs Yarksh to send money to a particular destination or for a specific purpose. Every transaction constitutes a separate agreement between Yarksh and the Senders. This will be limited to a particular money transfer only.  It is the sender’s responsibility to inform the Receiver(s) regarding transfer of money. Yarksh shall not take any responsibility to inform the Receiver(s).

8.3.    Subject to several limitations, Yarksh shall take responsibility to make the money available at the day they have promised to the sender). Yarksh shall deduct their fees as soon as the receiver(s) has received the funds. No objection or complaint will be entertained regarding fees and other legal matter shall be entertained as soon the Beneficiary (s) has received the funds apart from breach of Regulations.

8.4.     For money transferred (i) to a state outside the EEA or (ii) subject to a multiple currency conversion between the Euro and a non-Euro currency of a member state of the European Union or an EEA member state or (iii) which is not to be paid out in Euro, the funds are made available for collection by the Receiver at the latest at the end of the fourth Business Day after the Day of Receipt.

8.5.     For regular money transfers the funds are normally available for collection for the beneficiaries in minutes, subject to the business hours of the respective agent location in abroad in 3 forms (1) Cash (b) bank and (c) to the beneficiary’s mobile. For some countries, the service may be delayed, or other restrictions may apply. Should you require further information please do not hesitate to contact us at the address and telephone numbers mentioned above.

8.6.     The Yarksh Online Service provides various options directly to a bank account or to a mobile phone, where available.

8.7.     Applicable law prohibits money transmitters from doing business with certain individuals or countries; Yarksh is required to screen all transactions against lists of names provided by the governments of the countries and territories in which We do business.  

8.8.     Transfer Fees: Written information explaining how Yarksh charges the Sender for making a money transfer is available on the transactional Yarksh Website and is shown to the Sender prior to completion of the payment order.  

8.9.     Foreign exchange

a.) Money transfer payments will normally be made in the currency of the destination country (in some countries payment is available only in an alternative currency). All currency is converted at Yarksh’s current rate of exchange. Yarksh calculates its rate of exchange based on commercially available interbank rates plus a margin adjusting several times. 

b.) The currency will be converted at the time of the transfer and the Receiver will receive the foreign currency amount shown during the transfer process.   

c.) Yarksh may offer free SMS notification in some countries to indicate (to the Sender) that the transferred funds have been collected by the Receiver or that funds are available for collection (to the Receiver).

9. OUR RESPONSIBILITY TO YOU

9.1.  We are willing to provide money transfer services to you and to provide you  with the relevant information in accordance with these Terms and Conditions in the form of individual payments and to exercise our reasonable care and duty towards you.

9.2.     We are not obliged to explain the reasons for withdrawing terminating restricting and declining any instructions. We will not be answerable and liable for this act to any of our valued customers. This must not be challenged at any court in the UK and any other countries of the world at large.

9.3.     We are not liable for:

1. Any service fees you have provided for transferring the money.
2. Communication failure due to natural disaster or calamities or any other reasons, for which we have no control.
3. The loss of data or the delay in transmissions caused by using an Internet service provider or a browser or other software over which we have no control.
4. Your Card issuer services.
5. Errors on the Yarksh Site for incomplete or wrong information that You have provided with the Yarksh.
6. For any unauthorised and unlawful use before reaching the Yarksh website.
7. Our Terms & Conditions or anything in this agreement or information about our services is intended to be, nor should it be taken to be, legal, financial, or other advice. You must seek your own professional or legal advice.

9.4.    Yarksh will not initiate or execute money transfer if:

1. We do not have your sufficient identity and proof of address.
2. We consider the transaction as a fraudulent transfer, money laundering, terrorism financing or other criminal or illegal activity. If you know or suspect that an unauthorised person has gained access to your account information, you must notify us by email or phone as soon as possible.
3. We have received wrong or incomplete information and did not receive it on time
4. Your card provider did not authorise the transactions.

9.5      We will not be responsible and limit our responsibility for any damages or losses caused due to reasons which are beyond our control and/or any other issues such as your negligence or wrong information. We will also not be liable for the terms and conditions mentioned above.

9.6 Money Laundering

1. We will not accept any instructions either part or full if we consider the instructions breached the Money Laundering regulations of the UK and any other countries of the world. We have a right to refuse or decline any instructions which are against the Money laundering regulations of the sender send receiver countries. We will require your ID and proof of address including the declaration of sources of funds.
2. We will not be liable for any acts or events which is beyond our control.
3. YOUR RESPONSIBILITY:

10.1.     You will pay our fees for the services and for every transfer you will use with Yarksh Online Service.

10.2.     You will also pay the basic amount of money transfer online with a bank card or any other agreed means. Your bank or any other means must authorise our transaction before transferring money to your intended account. We will notify you of the exact amount we will debit from your bank account or any other means.

10.3.     By ticking these terms and conditions you have declared the following:

1. the information provided is true and accurate and include valid ID document.
2. you must not disclose the information to any third parties. You must disclose information to the Receiver/ Beneficiaries only.
3. You must not use Yarksh online services for prohibited and unlawful activities.
4. You must not use Yarksh breaching these terms and conditions.
5. You shall be personally liable for unauthorised use of user name and password. It is important that you keep your user name and password secret and inaccessible to unauthorised persons.
6. You shall be supportive and assist with any investigation that we or our regulators, law enforcement agency or government agency perform.

10.4.  If you consider that the transaction has been made unauthorisedly you must call our telephone +44 20 3556 0765 immediately    

10.5.     By law we are obliged to disclose your information to the Government agencies and Regulatory bodies if it requires to do so to prevent unlawful use of online services and to prevent money laundering.

1. Limitation of Liability

11.1        We may not be liable for any unauthorised transactions. If you consider that we have handled transactions which were not authorised by you please let us know immediately.

11.2      We will not be liable for any unauthorised entry or transactions. Please be careful before ticking the terms and conditions. Yarksh has excluded their liability in case of any unauthorised

11.3. Yarksh has a right to rescind and/or cancel any money transfer within 3 weeks.

11.4     The Terms and conditions constitute the entire agreement between the parties (i.e., you and us)

1. Complaint Procedure

12.1 If you are unhappy with our services, please bring this unhappiness to the attention of the staff of the company first. If you are unhappy with the staff decision, please bring this to the attention of the company director.

12.2     We define a complaint as any reasonable expression of client dissatisfaction or grievance.

12.3     Complaints will be identified by the member of staff who first comes in to contact with the complaint or expression of dissatisfaction or grievance however it is expressed. If it is in written form, this is likely to be the person who opens the post or reads the fax; if in electronic form, the person who opens the email and if verbal or via the telephone, the person to whom the client is speaking. The following applies to all complaints received by the company:

• The complaint will be acknowledged by keeping in the file and will respond within 10 days.

12.4     The Complaint Handling Officer (CHO) will take overall responsibility as soon as it is received. The CHO will find put the causes for concern and will verify the complaint with relevant staff and will try to resolve the issue with the complainant. If the complainant s still unhappy he/she will be advised to bring the matter to the Financial Ombudsman at Harbour Exchange Square, London E14 9SR or by email at complaint.info@financial.ombudsman.org.uk to consider the complaint.  

1. INTELLECTUAL PROPERTY RIGHTS

All source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site is our property and licensed by us including trademarks and logos. Our trademark, logos and other contents are protected by copyright and trademark laws and various other intellectual property rights of the International convention, foreign jurisdiction and United Kingdom.

The Content and the Marks in this website is for your information and your personal use only. No part of the Site and its content, trademark, logo cannot be copied, translated in any language, publicly displayed, encoded, reproduced, aggregated, republished, uploaded, posted, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose, without Yarksh’s written permission.