PACIFICEZY LIMITED TERMS & CONDITIONS

  1. GENERAL TERMS
    • 1.1 These Terms and Conditions apply to the Services provided by PacificEzy. By using the Services, Customers agree to be bound by these Terms and Conditions.
    • 1.2 PacificEzy reserves the right to amend any or all of these Terms and Conditions without any prior notification, warning or publication. If PacificEzy reasonably considers that a change will be detrimental to Customers, PacificEzy will provide reasonable notice of the change on its website.
    • 1.3 Nothing in these Terms and Conditions affects any applicable rights Customers have under that Fair Trading Act 1986 and/or Consumer Guarantees Act 1993.
    • 1.4 PacificEzy and the Customer may agree to supplementary terms and conditions (Supplementary Terms and Conditions). If there is any contradiction between these Terms and Conditions and any Supplementary Terms and Conditions, the Supplementary Terms and Conditions shall take precedence unless otherwise agreed.
  2. DEFINITIONS
    • 2.1 In these Terms and Conditions, unless the context requires otherwise:
      • (a) “Customer” means a natural person, a business, a company that uses the Services;
      • (b) “Force Majeure Event” means any event or circumstance beyond PacificEzy’s reasonable control, including any strike, lockout, labour dispute, embargo, epidemic, pandemic, accident, emergency, order of government or other authority or act of God;
      • (c) “PacificEzy” means PacificEzy Limited;
      • (d) “Personal Information” has the meaning given to it in the Privacy Act 2020;
      • (e) “Services” means the money transfer service provided by PacificEzy;
      • (f) “Terms and Conditions” means the terms and condition contained in this document and shall include any supplementary terms and conditions, and invoices/receipts issued in accordance with these Terms and Conditions; and
      • (g) “Trade” means a money transfer transaction by a customer using the Services.
  1. VARIATIONS
    • 3.1 Subject to clause 2, there shall be no variation to these Terms and Conditions or to any Supplementary Terms and Conditions, except as expressly agreed to in writing by PacificEzy.
  2. PRICE AND PAYMENT
    • 4.1 The price of the Service shall be provided to the Customer prior to or at the time of confirming the Trade.
    • 4.2 The price of the Service shall be inclusive of Goods and Services Tax and any other relevant tax unless expressly stated otherwise.
    • 4.3 PacificEzy shall provide the Customer with an invoice/receipt stipulating the details of the Trade. PacificEzy shall only accept payments in the form of cash, bank deposits, internet banking, Eftpos (and in the case of payments from Samoa only, may accept bank cheques) but shall not accept any other payment methods.
  3. SERVICE FEE

PacificEzy shall charge the following Service fee, wherever applicable:

  • (a) $5.00 for any changes made to the particulars of the receiver;
  • (b) $20.00 for statement of transactions;
  • (c) $5.00 for replacement of lost membership cards;
  • (d) $20.00 to process a refund in accordance with clause 6; and
  • (e) $10.00 transaction fees (for trades requested in-branch, online, or via PacificEzy’s agents) or as otherwise specified at each in-branch or agent office.
  1. REFUND
    • 6.1 PacificEzy may, in its sole discretion, refund to the Customer any money received for the Service if the Customer requests a cancellation of a Trade prior to the transfer of funds and shall be entitled to deduct any refund administration fee.
    • 6.2 PacificEzy may process refunds in the same mode as it received the money from the Customer, unless it considers another mode more convenient.
    • 6.3 PacificEzy will refund the amount received in the foreign currency, and will convert this at the rate applicable on the day to the NZD conversion rate.
    • 6.4 The refund shall only be between PacificEzy and the named Customer on the transaction.
  2. DEFAULTS
    • 7.1 The provision of Services by PacificEzy is contingent upon PacificEzy having first received from the Customer all corresponding funds for each Trade, other than where expressly agreed in writing by PacificEzy.
    • 7.2 In the event that the funds are not received within the designated timeframe specified by PacificEzy at the time of confirming the Trade (Due Date), PacificEzy is relieved of any obligation to provide the Services until the funds have been received.
    • 7.3 PacificEzy shall charge the Customer 25% per annum as default interest on all sums not paid by the Due Date. The overdue and/or defaulted payment shall be calculated for the period of default on a daily basis.
    • 7.4 To avoid any doubt, an overdue and/or defaulted payment means any payment not received as cleared funds by the PacificEzy by the close of the business on the day that a payment falls due.
  3. RECOVERY COSTS ASSOCIATED WITH OVERDUE AND DEFAULTED PAYMENTS

The Customer agrees that if they default in payment beyond the Due Date, and where there are costs incurred by PacificEzy to recover the default payment, the Customer shall indemnify PacificEzy in the recovery of all costs including legal costs associated with recovery of overdue and defaulted payments and any other reasonable costs incurred by PacificEzy in the recovery of the default payments.

  1. ASSIGNMENT OR TRANSFER OF RIGHTS AND/OR OBLIGATIONS

The Customer may not assign or transfer any rights and/or obligations under these Terms and Conditions, unless PacificEzy gives its prior written consent.

  1. TARGET TRANSFER TIME
    • 10.1 PacificEzy’s target transfer time (following receipt of funds from the Customer) shall be 30 minutes under normal circumstances.
    • 10.2 To avoid any doubt, the target transfer time shall not constitute a promise or contractual term.
  2. COLLECTION, DISSEMINATION, AND USE OF CUSTOMER INFORMATION
    • 11.1 The Customer hereby authorises PacificEzy to collect, hold, use and disclose any Personal Information about the Customer in accordance with the Privacy Act 2020 and PacificEzy’s Privacy Policy, which is available at [insert link to privacy policy on PacificEzy’s website].
  3. LIMITATION OF LIABILITY
    • 12.1 To the extent permitted by law, PacificEzy will not be liable for any loss suffered by Customers in relation to:
      • (a) services provided by Customers’ card issuers;
      • (b) computer viruses, spyware or malware originating from third parties; or
      • (c) errors that are the result of incomplete or incorrect information that Customers or a third party provides.
  1. RIGHT TO ENGAGE AGENTS

PacificEzy shall reserve an exclusive and unrestricted right to engage agents to undertake any or all of its contractual obligations, on its behalf.

  1. DELAY IN ENFORCEMENT OF RIGHTS

If PacificEzy delays or fails to enforce any rights under these Terms and Conditions, that will not constitute a waiver of that or any other right available to it, except where PacificEzy expressly waives those rights in writing.

  1. FORCE MAJEURE

The Customer hereby agrees that no claim or liability shall be brought against PacificEzy under these Terms or Conditions or otherwise, if and to the extent that the failure of PacificEzy to adhere to its obligations under this document or otherwise, arises largely or in its entirety by reason of a Force Majeure Event.

  1. APPLICABLE LAW

These Terms and Conditions are governed by the laws of New Zealand. The parties agree to submit to the exclusive jurisdiction of the courts of New Zealand.

  1. EFFECT OF PARTIAL ENFORCEABILITY

If any part of these Terms and Conditions is found to be invalid, unenforceable or unlawful for whatever reason, the rest of these Terms and Conditions will continue to apply.