Terms of Service

1. About MyGuava Transfers

1.1. Guavapay Limited, a company incorporated in England (company number – 08598264), is an online money transfer service (“Service”), with registered office at Salisbury House, 29 Finsbury Circus, London Wall, London, England, United Kingdom, EC2M 5QQ.

1.2. Guavapay Limited is an authorised payment institution regulated by the Financial Conduct Authority (reference number - 798419).

1.3. These terms and conditions exclusively apply to money transfers initiated through our website, myguava.us ("Website"), or our mobile phone application designed for residents of the United Kingdom ("App").

2. MyGuava Transfers Service

2.1. The Service enables a Sender to initiate a money transfer ("Sender") through our Website or App to a specified individual (the "Recipient") as a single transaction (referred to as a "Transfer"). Depending on the Sender's choice and the availability of each product in the receiving country, the Recipient can then: (i) collect the Transfer in cash at a MyGuava Transfers partner location in the designated receiving country ("Cash Pickup"); (ii) receive the Transfer in their designated bank account specified by the Sender ("Account Deposit"); or (iii) receive the Transfer by card transfer ("Card Transfer").

2.2. All transfers must be funded directly through bank transfer, credit or debit card or other payment method offered by MyGuava Transfers.

2.3. To utilize the Service, the Sender must create a profile on our Website or the App ("Profile"). It is mandatory for the Sender to keep their personal information in the Profile up to date in the event of any changes before initiating a Transfer. If you wish to close your Profile, please get in touch with our customer service helpline.

2.4. You cannot set up a MyGuava Transfers Profile:
if you’re not yet 18 years of age;
if you already have a MyGuava Transfers Profile;
if you previously had a MyGuava Transfers Profile with us, which we had to close;
to use it to pay for any Prohibited Activities; or
if onboarding you would mean that we would break the law or any one of our policies.

2.5. We reserve the right to terminate or suspend access to a Profile at any time, under the following circumstances, including but not limited to:
(a) if the Sender attempts to transfer or charge funds from a credit or debit card that does not belong to them;
(b) if the Sender's card issuer attempts to charge back a Transfer based on a dispute related to a Transfer;
(c) if the Sender provides incorrect or false information about themselves, their debit or credit card details, or a Recipient;
(d) if the Sender has violated these terms and conditions;
(e) if we determine that the Profile has remained inactive for a significant period of time; or
(f) if we have reason to believe that a Transfer has been used for unlawful purposes.

2.6. We may monitor transactions made using our services for suspicious activity and fraud. If we suspect that you are using our services in an unlawful manner or in breach of these terms, we may immediately end or suspend your use of our services.

3. What is a Transfer

We provide a money transfer service (“Transfer”) which allows you to send money to other people by using your MyGuava Transfers Profile. Each time you make a Transfer, these terms are incorporated into the terms of each Transfer.

We can make a Transfer if you provide us with certain information about you and the recipient. The information we need from you depends on how you send the funds and how the recipient will receive the funds.

How you send, or how the recipient, receives the funds What recipient information you must give us
Bank account account details as required by the recipient’s account provider. For example, if you’re paying someone in the UK, you’ll need their name, sort code and account code. If you’re paying someone outside the UK, you might need their IBAN or BIC/SWIFT.
Card transfer name and the recipient’s 16-digit card number. For this type of payment, the payment is sent via a card scheme (such as Mastercard or Visa).
Cash pick-up name plus any other information our local partner may require to identify the recipient (such as details about the recipient’s local identification documents and address).

You must provide us with the recipient’s correct details. Not doing so means your payment could be delayed or it could go to the wrong person. Depending on the legal requirements of a recipient’s location, we may also ask for more information about you or the recipient.

To continue making a Transfer, you’ll be prompted to fund your Transfer (see Funding your Transfer section below). Once you enter these details and fund your Transfer, you’ve authorised a Transfer.

We’ll only be able to make a Transfer if you’ve funded it using an account or card in your name. If you want to make a Transfer in:
the same currency as your funding currency, we may charge a fee; or
a currency that is different to the account or card you used to make a Transfer, we may charge a fee and will exchange your money using our exchange rate at the time of the payment.

The fees and exchange rate for a Transfer will be immediately made available to you. We’ll always tell you of any Transfer fees and any applicable exchange rates before you make a Transfer.

4. Funding your Transfer

In order to facilitate a Transfer, MyGuava Transfers offers a variety of funding methods, all accessible through the MyGuava Transfers app or website. This includes options such as bank transfers or card payments. It's crucial to note that MyGuava Transfers will only accept funds originating from an account or card registered under your name. MyGuava Transfers will proceed with your Transfer as soon as we receive the funds or once our third-party partners confirm the funds' availability. In the event we do not receive the funds or if the funds do not reach us within a reasonable timeframe, we reserve the right to reverse the credited amount. If you lack sufficient funds to accommodate this reversal, you are obliged to reimburse us immediately upon request.

It's important to underline that MyGuava Transfers does not hold customer funds under any circumstances. All funds will either be remitted to the beneficiary upon successful transaction completion or returned to the client if the transaction is rejected

5. Execution of the Transfer

5.1. Before the Sender submits a Transfer, we will provide the following information based on the Sender's selection: (i) the amount to be sent by the Sender ("Send Amount"); (ii) the amount the Recipient will receive; (iii) the fees charged to the Sender for the Transfer ("Fees"); (iv) the applicable exchange rate for the Transfer; and (v) the expected execution time (i.e., when the funds will be available to the Recipient).

5.2. To complete the submission of a Transfer through our Website or the App, the Sender must: (i) accept these terms and conditions; (ii) provide consent for the execution of the Transfer; and (iii) confirm the accuracy of the information submitted in the online form, including account details for Account Deposits. In certain cases, we may require additional information from the Sender, such as further background information related to the Transfer. We will either directly contact the Sender or request the Sender to contact us to provide the additional information before the Transfer can be successfully completed.

5.3. A Transfer will be accepted, and a valid binding contract will be established, when we send an email to the Sender containing the following information: (i) the reference number required by the Recipient to receive the Transfer ("Reference Number"); (ii) confirmation of the exact amount to be made available to the Recipient in the chosen pay-out currency ("Receive Amount"); (iii) confirmation of the Fees charged; (iv) the exchange rate applied to the Transfer; and (v) the execution time (i.e., when the funds will be available to the Recipient) ("Acceptance").

5.4. We reserve the right, at our sole discretion, to refuse acceptance of a Transfer in the following circumstances: (a) if accepting the Transfer would result in a violation of any applicable law, regulation, code, or duty; (b) if accepting the Transfer could subject us to action from any government or regulator; (c) if the Transfer is associated with fraudulent or illegal activity or is intended for an unlawful purpose; or (d) if we have made a decision to refuse acceptance in accordance with our internal policies. In such cases, we will strive, to the extent permitted by law and our internal policies, to provide the reason for refusing to accept the Transfer.

6. Cash Pick-Up Service with MyGuava Transfers

MyGuava Transfers offers a secure and convenient service called "Cash Pick-Up," which enables recipients to receive funds in physical cash from designated pick-up locations. This service provides an alternative for recipients who prefer receiving cash instead of having fundsdeposited into their bank accounts. Here's a step-by-step explanation of how the Cash Pick-Up service works:

1. Initiating the Transaction: Log in to your MyGuava Transfers profile and select the Cash Pick-Up option. Enter the recipient's details, including their full name as it appears on their identification document and their location.

2. Choosing a Pick-Up Location: Based on the recipient's location, you will be provided with a list of available pick-up locations. These locations can include partner banks, financial institutions, or retail outlets. Select the most convenient pick-up location for the recipient.

3. Transferring Funds: Once you have selected the recipient's information and pick-up location, proceed with transferring the funds. If necessary, the funds will be converted from your currency to the recipient's local currency.

4. Confirmation and Collection Code: After a successful transfer, both you and the recipient will receive a confirmation message containing a unique collection code. The recipient must present this code along with their identification document when collecting the cash.

5. Cash Collection: The recipient can visit the chosen pick-up location at their convenience and provide the collection code and their identification to collect the cash.

Please be aware that the cash pick-up times and regulations may vary depending on the specific pick-up location. It is crucial to ensure that the recipient has all the necessary details to successfully collect the funds.

7. Transfer to Bank Account

With MyGuava Transfers, sending money directly to a bank account is a straightforward process, designed to ensure a seamless and secure transfer experience. You can easily make a bank transfer through our website or mobile application, using the following steps:

1. Login: First, access your MyGuava Transfers profile by logging in through our website or mobile application. Navigate to the transaction section to initiate a new transfer.

2. Transfer Details: Select the 'Bank Transfer' option for sending money. You will be required to fill in the recipient's necessary details such as their full name, contact information, and their bank account details, including the bank name, account number, and sort code or IBAN, as applicable.

3. Set Transfer Amount: Decide the amount of money you wish to send. MyGuava Transfers will display the exchange rate and any fees associated with your transfer. This way, you will know the exact amount the recipient will receive in their local currency.

4. Payment Method: Next, choose your preferred payment method. MyGuava Transfers supports various payment methods, including bank transfers, debit or credit card payments.

5. Review and Confirm: Before finalizing the transfer, take a moment to review all the details you've entered. Ensure that the recipient's bank account information is correct to avoid any delays or issues. Once you're confident that all the details are accurate, confirm the transaction.

6. Transfer Initiation: After confirming the details and completing the payment, your transfer will be initiated. You will receive a confirmation message, and a transaction reference number, which you can use to track the progress of your transfer.

7. Notification to Recipient: Upon successful transfer, the recipient will be notified via email or SMS, informing them about the incoming funds.

At MyGuava Transfers, we aim to ensure that each bank transfer is processed quickly and securely. We value your trust and are dedicated to offering efficient money transfer services, no matter the distance or the destination.

8. Transfer to a Card

With MyGuava Transfers, sending money directly to a recipient’s card is a straightforward process, designed to ensure a seamless and secure transfer experience. You can easily make a card transfer through our website or mobile application, using the following steps:

1. Login: First, access your MyGuava Transfers profile by logging in through our website or mobile application. Navigate to the transaction section to initiate a new transfer.

2. Transfer Details: Select the 'Card Transfer' option for sending money. You will be required to fill in the recipient's necessary details such as their full name, and the recipient’s 16-digit card number.

3. Set Transfer Amount: Decide the amount of money you wish to send. MyGuava Transfers will display the exchange rate and any fees associated with your transfer. This way, you will know the exact amount the recipient will receive in their local currency.

4. Payment Method: Next, choose your preferred payment method. MyGuava Transfers supports various payment methods, including bank transfers, debit or credit card payments.

5. Review and Confirm: Before finalizing the transfer, take a moment to review all the details you've entered. Ensure that the recipient's bank account information is correct to avoid any delays or issues. Once you're confident that all the details are accurate, confirm the transaction.

6. Transfer Initiation: After confirming the details and completing the payment, your transfer will be initiated. You will receive a confirmation message, and a transaction reference number, which you can use to track the progress of your transfer.

7. Notification to Recipient: Upon successful transfer, the recipient will be notified via email or SMS, informing them about the incoming funds.

9. Cancellations and Refunds

9.1. Once a transfer is accepted, it becomes irreversible. However, the sender has the right to cancel a transfer if it has not been collected, received by the recipient, or credited into the recipient's account. The sender can request cancellation through our website, mobile app, or customer service helpline. In the case of cancellation, only the send amount will be refunded.

9.2. If a transfer was unauthorized by the sender or not executed correctly by us, we will refund the send amount and the fee in accordance with applicable law, provided that (i) the sender notifies us promptly upon becoming aware of the issue, and (ii) the situation is not caused by abnormal and unforeseeable circumstances beyond our control.

9.3. It is essential for the sender to promptly notify us in case of an unauthorized or incorrectly executed transfer. We will not process a refund if the sender unduly delays reporting the problem or notifies us more than 13 months after the transfer acceptance.

10. Charges and Currency Exchange

10.1. The sender is responsible for paying the transfer fee via the selected payment method, which is the only fee we charge. The sender's card issuer may impose additional fees related to the payment for the transfer.

10.2. In certain recipient countries, local taxes and service charges may be applied at the time of collection. For account deposits, the recipient's bank or account provider may charge a fee for receiving the funds.

10.3. When the sender pays for a transfer in one currency and selects another currency for payout, the send amount will be converted using our exchange rate. Our exchange rate is based on closing rates in the global financial markets, with a margin. Exchange rates are subject to market fluctuations beyond our control and may change multiple times a day.

10.4. In some countries, currency conversion occurs only at the time of collection due to local requirements. In such cases, the exchange rate stated in clause 3.1 is only an estimate, and the actual exchange rate will be determined at the time of collection, which may affect the receive amount.

10.5. For cash pickup transfers to recipient countries outside of the European Economic Area (EEA), if the receive amount is stated in USD and the collection location does not distribute funds in USD, the send amount will be converted into the local currency using our or the agent's standard exchange rate.

11. Our Liability

11.1. We are not obligated to execute a transfer if (a) we cannot obtain satisfactory evidence of the sender's identity, (b) we have reason to believe the sender's information is incorrect, unauthorized, or forged, (c) the sender provides us with incorrect or incomplete information, or (d) as specified in clause 3.4. We shall not be liable for damages resulting from non-payment, delayed payment, or failure to perform a transfer under the service due to any of these reasons.

11.2. We will not be held liable if we fail to fulfil this agreement due to abnormal and unforeseeable circumstances beyond our control, where we could not avoid breaking the agreement despite our best efforts (e.g., force majeure events). We will not be responsible for any incidental, indirect, or consequential damages suffered by the sender.

11.3. This clause 9 does not exclude or limit liability on our part for death or personal injury resulting from our negligence or fault, nor does it exclude liability for our intentional misconduct, gross negligence, or fraud.

12. Data Protection and Privacy

By using our service, the sender gives their consent to the collection, use, disclosure, and transfer (including cross-border transfer) of their personal information as outlined in our Privacy Notice. The Privacy Notice can be accessed on our website at www.myguava.us/main/privacy-policy or by contacting us at [email protected]. We are legally obligated to process the personal data of the sender and recipient for the purpose of preventing money laundering and terrorist financing, specifically under Regulation (EU) 2015/847.

13. Customer Service and Complaints

13.1. We are committed to providing the sender with high-quality service. If a sender is dissatisfied with our service or believes that a transfer has not been executed correctly, they should contact us as soon as possible. For questions, complaints, or any other matters, the sender can reach us through the following channels:

Email: [email protected]

Mail: Customer Service Department, Guavapay Limited, Salisbury House, 29 Finsbury Circus, London Wall, London, England, United Kingdom, EC2M 5QQ.

13.2. We will promptly and fairly address any complaints received. Our aim is to resolve the complaint at the earliest opportunity. If we require additional time to resolve a complaint, we will send the sender a final response letter within 15 business days from the receipt of the complaint. In exceptional circumstances, a holding reply will be sent within 15 business days, specifying the deadline for the sender to receive our final response, which will be no later than 35 business days from the initial complaint date. If the sender does not receive our final response or remains unsatisfied with it, they can contact The Financial Ombudsman Service at Exchange Tower, London E14 9SR. Phone: 0800 023 4567, Website: www.financial-ombudsman.org.uk, Email: [email protected]. The sender should initiate contact within 6 months from the date of the final response.

13.3. The European Commission has made available a leaflet for consumers making payments in Europe.

14. Governing Law

14.1. The terms and conditions, along with any non-contractual relationships associated with it, are subject to English law. The English courts shall have non-exclusive jurisdiction for any disputes. This provision does not affect the sender's statutory rights.

14.2. Any person who is not a party to the contract between the sender and us does not have any rights under the Contracts (Rights of Third Parties) Act 1999 or any other means to enforce this contract.

COPYRIGHT © 2023 Guavapay Limited ALL RIGHTS RESERVED.

Guavapay Limited IS AN FCA (FINANCIAL CONDUCT AUTHORITY) AUTHORIZED PAYMENT INSTITUTION WITH A FIRM REFERENCE NUMBER OF 798419

Guavapay Limited IS REGISTERED IN ENGLAND AND WALES WITH THE REGISTRATION NUMBER 08598264 AND ITS REGISTERED OFFICE ADDRESS IS Salisbury House, 29 Finsbury Circus, London Wall, London, England, United Kingdom, EC2M 5QQ

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