Updated: May 26, 2008
The official language of the ACE Terms of Service shall be the English language. In the event of any conflict or inconsistency between the English language version of the ACE Terms of Service and any other version, the English language version shall control and be binding.
1. THE SERVICE
ACE provides registered users of the Service (each a "User") with the ability to send funds ("Money Transfer") to designated beneficiaries there of (each a "Beneficiary") in many countries around the world. complete the Money Transfer in compliance with HMRC regulations, and those of the foreign country, where payment to the Beneficiary is to be effected. When required by applicable law, Money Transfers will be reported to federal, state, local or foreign authorities. After ACE has received money in bank account or cash and completed the screening for proper compliance with the various applicable laws and regulations, the funds are promptly made available to the Beneficiary for pick up, home delivery (available in limited destinations only), or deposit into Beneficiary's bank account. The speed of payment of a Money Transfer varies depending on a variety of factors, including but not limited to, the amount of the transaction, the restrictions of the destination country or point-of-payment, and/or the accuracy of the information provided by the User. Money Transfers will normally be paid to the Beneficiary by cash or check (or a combination of cash or check depending on the availability of currency or other conditions existing at the point-of-payment). ACE reserves the right, in its sole discretion, to: (i) reject a proposed Money Transfer; (ii) limit the amount of a Money Transfer; (iii) require additional information to complete a Money Transfer; and/or (iv) take reasonable measures with respect to a Money Transfer in an effort to comply with applicable laws and regulations. The Service available through the ACE Web site is limited to Money Transfers with a maximum amount of £10,000.00 per person every one calendar year following account enrollment. As a User, you agree not to attempt to circumvent the parameters of the Service by using a different Debit or Credit Card, entering false information, or any other means. The Service is offered exclusively for the personal money transfer needs of Users. Any other use or attempt to use the Service for commercial purposes, promotion of products and services, or other such purposes, directly or indirectly, by you or by a third party is prohibited. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, shall be subject to the ACE Terms of Service.
For specific information regarding Service, please contact ACE 's Customer Service Department.
In consideration of your use and enjoyment of the Service, you agree to pay a per Money Transfer fee to ACE. ACE 's fee schedule is subject to change from time to time in ACE 's sole and absolute discretion.
3. CURRENCY EXCHANGE
Money Transfers shall be paid to Beneficiaries in the official currency in use in the destination country at the time of payment of a Money Transfer (or in UK pounds in certain destination countries only). With respect to Money Transfers that involve the exchange of the User's funds to a different currency a currency exchange rate will be applied (in addition to, and not in lieu of the fee applicable to such Money Transfer). ACE obtains the currency for such Money Transfers at a wholesale rate that fluctuates, but may approximate the wholesale rate for such currency listed in newspapers or television. The difference between the retail rate and the wholesale rate will be kept by ACE or its correspondent in the destination country as revenue, in addition to any fees.
Refunds of the Money Transfer amount, and subsequent cancellation of the underlying transaction, will be made upon the User's valid written request if payment of the Money Transfer has not yet been made to the Beneficiary at the time the refund request is processed by ACE . To stop a payment, ACE first will have to check with its paying correspondent to determine whether payment of the Money Transfer has been made to the Beneficiary. If ACE can confirm that payment has not been made, the funds will be returned and ACE will refund such amount to the User, less any applicable fees and/or service charges. Except in the case of events beyond ACE 's control, it is ACE 's policy to refund the amount of the Money Transfer within fifteen (15) business days after receipt of the written refund request. In cases where the Money Transfer funds were not made available to the Beneficiary within the time frame specified by ACE for the Service, subject to the regular business hours at the Money Transfer destination location, ACE shall refund the Money Transfer fee as well as the Money Transfer amount within fifteen (15) business days after receipt of the User's written request to refund same. Normally, these funds should be in ACE 's possession within fifteen (15) business days. Should a refund be delayed for any reason, ACE will notify the respective User. If the Money Transfer was purchased in a foreign currency, the refund will equal the amount of U.S. dollars that can be purchased at ACE 's prevailing buy rate on the date of the refund.
5. USERNAMES AND PASSWORDS
As part of the registration process, you will be asked to select a username and password. You are solely responsible to maintain the confidentiality of your username and password, and to monitor and police the use thereof. For any and all activities that are conducted using such username and password, you agree not to transfer, resell, give access to, or allow any third party to use your username or password for any reason whatsoever.
6. THIRD PARTY LINACE
The Service and/or the ACE Web site may include linACE to third party websites. These linACE allow you to exit the Service and/or the ACE Web site and enter third party websites. These linACE are provided only as a convenience. The linked websites are not reviewed, controlled, examined, sponsored, or endorsed by ACE and ACE is not responsible for the information, advertising, products, resources or other mateACE l, of any linked site or any link contained in a linked site. The inclusion of any link does not imply ACE 's sponsorship or endorsement of the linked site. In no event shall ACE be liable, directly or indirectly, to anyone for any damage or loss arising from or occasioned by the creation, use or reliance, on the third parties' websites or the information, advertising, products, resources or mateACE l accessed through these websites. ACE reserves the exclusive right and sole discretion to add, decline or remove, without warning, any icon or link to a list or website, from the Service and/or the ACE Web site.
7. INTELLECTUAL PROPERTY
The Service, the ACE Web site, and all information contained therein, including without limitation the look and feel of the site and all design, text, images, trademarACE, tradenames, logos, white papers, press releases and other information, and all software products advertised, presented, or discussed therein, is protected under UK and other copyright laws and is owned by ACE or used under license from the owner of the respective intellectual property rights. In addition, all right, title, and interest in all servers and server-based technology related to the Service, the ACE Web site, and all information contained therein, including, without limitation, protocols, parameters, designs, specifications, and user identification algorithms, and technology underlying such algorithms are owned by ACE . The foregoing may not, except under written license, be copied, reproduced, transmitted, displayed, performed, distributed, rented, sublicensed, altered, stored for subsequent use or otherwise used in whole or in part in any manner without ACE 's prior written consent, except to the extent that such use is expressly authorized under the UK copyright laws. ACE 's trademarACE, tradenames, logos, images, and, service marACE used on this site are the property of ACE and may not be used without prior written permission from ACE and then only with proper acknowledgment.
9. DISCLAIMER OF WARRANTIES
9.1 THE SERVICE IS PROVIDED TO YOU BY ACE ON AN "AS IS", "AS AVAILABLE" BASIS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. NO WARRANTY, REPRESENTATION, CONDITION, UNDERTAKING OR TERM - EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE - INCLUDING BUT NOT LIMITED TO THE CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY, RELIABILITY, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OR USE OF THE SERVICE IS GIVEN OR ASSUMED BY ACE ; ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, UNDERTAKINGS AND TERMS ARE HEREBY EXPRESSLY EXCLUDED. ACE MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE.
9.2 ACE MAKES NO REPRESENTATIONS AS TO THE SUITABILITY OF THE INFORMATION AVAILABLE ON OR THROUGH THE SERVICE OR THE ACE WEB SITE FOR ANY PURPOSE NOR ABOUT ITS LEGITIMACY, LEGALITY, VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR CURRENTNESS.
9.3 ACE DOES NOT WARRANT OR GUARANTEE: 1) THAT ANY INFORMATION AVAILABLE ON OR THROUGH THE SERVICE OR THE ACE WEB SITE WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; 2) THAT THE FUNCTIONS OR SERVICES PERFORMED BY ACE IN CONNECTION WITH THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED; OR 3) THAT THE SERVICE WILL ACHIEVE ANY PARTICULAR RESULT. IT IS THE SOLE RESPONSIBILITY OF THE USER TO ISOLATE SOFTWARE AND INFORMATION, EXECUTE ANTI-CONTAMINATION SOFTWARE, AND OTHERWISE TAKE STEPS TO ENSURE THAT SOFTWARE OR INFORMATION, IF CONTAMINATED OR INFECTED, WILL NOT DAMAGE USER'S INFORMATION OR SYSTEM
10. LIMITATIONS OF LIABILITY
10.1 IN NO EVENT SHALL ACE BE LIABLE TO ANY PARTY FOR ANY DAMAGES INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, OR LOSS OF SAVINGS), OR ANY OTHER DAMAGES ARISING - IN ANY WAY, SHAPE OR FORM - OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO UTILIZE THE SERVICE, EVEN IF ACE SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE EXCLUSIONS OF INCIDENTAL AND CONSEQUENTIAL DAMAGES MAY NOT APPLY TO YOU, BUT SHALL APPLY, IN ANY EVENT, TO THE MAXIMUM EXTENT POSSIBLE.
10.2 IN NO EVENT SHALL ACE BE LIABLE TO ANYONE FOR ANY DELAYS, INACCURACIES, ERRORS OR OMISSIONS WITH RESPECT TO THE SERVICE OR THE INFORMATION OR THE TRANSMISSION OR DELIVERY OF ALL OR ANY PART THEREOF, FOR ANY DAMAGE ARISING THEREFROM OR OCCASIONED THEREBY, OR FOR THE RESULTS OBTAINED FROM THE USE OF INFORMATION AVAILABLE ON OR THROUGH THE SERVICE.BR/> ACE SHALL NOT BE RESPONSIBLE OR LIABLE FOR THE ACCURACY, USEFULNESS OR AVAILABILITY OF ANY INFORMATION TRANSMITTED, UPLOADED, POSTED OR MADE AVAILABLE ON OR THROUGH THE SERVICE OR THE ACE WEB SITE.
10.3 YOU EXPRESSLY AGREE TO INDEMNIFY AND HOLD ACE , AND ITS SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CORRESPONDENTS, CO-BRANDERS OR OTHER PARTNERS HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' AND EXPERTS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR INFORMATION, YOUR USE OF OR CONNECTION TO THE SERVICE OR THE ACE WEB SITE, YOUR VIOLATION OF THE ACE TERMS OF SERVICE, OR YOUR VIOLATION OF ANY RIGHTS OF ANY OTHER USER OR OTHER THIRD PARTY.
11. GOVERNING LAW; JURISDICTION; DISPUTE RESOLUTION
11.2 A trial by jury on all matters is hereby expressly waived by the parties. In the event of any action or proceeding between the parties arising out of or relating to this Agreement, the prevailing party shall be entitled to recover and shall be awarded, in addition to any other relief awarded or granted, its costs and expenses (including reasonable attorneys' and expert witnesses' fees and expenses) incurred in any such action or proceeding and any appeal in connection therewith. THE PARTIES ACKNOWLEDGE AND AGREE THAT, THEY ARE WAIVING ALL RIGHTS TO A TRIAL BY COURT OR JURY AS A MEANS OF RESOLVING ANY DISPUTES ARISING OUT OF OR RELATING TO THE SERVICE. THE PARTIES AGREE THAT NEITHER OF THEM SHALL HAVE THE RIGHT TO PARTICIPATE AS A REPRESENTATIVE OR A MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION UNDER THIS PARAGRAPH AND THAT CLAIMS OF THIRD PARTIES SHALL NOT BE JOINED IN ANY ARBITRATION BETWEEN THE PARTIES.
12. CHILDREN UNDER 13
The Service is intended for the use of Users over the age of 18. Please note that the Service (including, without limitation, the underlying network, system, software, servers, various directories and listings, various message and news boards, tools, information and databases) is NOT INTENDED FOR USE BY CHILDREN UNDER 13 YEARS OF AGE. If it comes to ACE 's attention through reliable means that a User is a child under 13 years of age, ACE will cancel that User's account and will delete all information regarding such User from ACE 's system and records.
13.1 ACE reserves the right in its the sole discretion to 1) make improvements, corrections, adaptations, conversions and/or any other change in the Service, or any part thereof, and/or to a revised or new Terms of Service; or 2) change, limit, terminate, remove or cease to provide at any time, temporarily or permanently, the Service or any part thereof, to all Users or any number thereof including without limitation, the use of or access to the Service, granted to you or to any other User, at any time, without notice, for any reason or no reason.
13.4 Software from the Service or the ACE Web site is further subject to United Kingdom export controls. No such software may be downloaded or otherwise exported or re-exported.
13.6 Any reference made in this document to ACE shall be deemed to have been made to ACE , its subsidiaries, successors, assignees, affiliates as well as any company that controls ACE , directly or indirectly, and any other subsidiary of that controlling company.