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Terms & Conditions

Terms governing your access to and use of M'Cube Pay.

1. The following definitions apply to this agreement, hereinafter referred to as the "User Agreement".

1.1 These terms and conditions ("Terms and Conditions") govern the terms under which you may access and use the website (and for these Terms and Conditions "website" will include our App (where applicable) and the services associated with it (together, the "Service"). By accessing, registering with and using the Service, you agree to be bound by the terms of the Terms and Conditions. If you do not wish to be bound by the Terms and Conditions do not access, register with or use the Service. The language of these Terms and Conditions is English and all Services, instructions and transactions carried out in connection with it shall be in English.

1.2 In these Terms and Conditions, the terms "M’Cube Pay", "we", "us", and "our" refer to M’Cube Pay, together with its employees, directors, affiliates, successors, and assigns. UnityLink M’Cube Pay is a company registered number XXXXXXXX in England and Wales, with its registered office at, Regus House, Admirals Park, Victory Way, Dartford, DA2 6QD, United Kingdom. M’Cube Pay is authorised by the Financial Conduct Authority (FCA) under the Payment Service Regulations 2009 with Firm Reference Number XXXXXX for the provision of payment services.

1.3 The terms "you" and "your" refer to users of the Service, as Senders, Recipients, other users or visitors to the website.

1.4 These Terms and Conditions are effective from the date on which you first access, register or use the Service. The Terms and Conditions may change from time to time, but changes will only be effective 2 months from the date they are first notified to you and will not change the terms on which you previously used the Service.

1.5 The Service was created:

(a) to assist customers to send money to their family and friends, in Ghana and any new countries where we may offer our services

(b) to offer other services in line with our remittance service. For security reasons, we recommend that you only send money through the Service to people you know personally. You must not use the Service to send money to strangers, for example sellers of goods and/or services, whether private or retail.

2. Definitions

In these Terms and Conditions:

  • "App" means M’Cube Pay’s mobile application for the sending of Payment Requests and/or Transaction Requests.
  • "Business Day" means any day on which we are open for business for the execution of Transaction Requests and/or Payment Requests.
  • "Destination Country" means the country in which the Payee receives money through the Service.
  • "Instruction" means a Payment Request and/or a Transaction Request.
  • "Local Taxes" means any taxes or charges payable in the Destination Country.
  • "Payee" means someone who receives money through the Service.
  • "Payment Instrument" means a valid instrument of payment such as a bank account, debit card or credit card.
  • "Payment Request" means a specific instruction from you to a Sender requesting a Transaction.
  • "Payout Amount" means the amount paid out, after any foreign exchange conversion, to the Payee’s account exclusive of the Service Fee.
  • "Prohibited" means activities which involve narcotics, steroids, pharmaceuticals, chemicals, drug paraphernalia, tobacco, seeds, plants, animals, military or semi-military goods or services, weapons (including dual-use goods), adult services or content, bitcoin or other cryptocurrency, binary options or gambling services or any other activities that are prohibited by M’Cube Pay’s policies as amended from time to time.
  • "Recipient" means: (a) a Payee; or (b) in the event that you are using the Service to send a Payment Request, someone who receives the Payment Request.
  • "Sender" means someone who uses the Service to send money.
  • "Service Fee" means M’Cube Pay’s fee plus any additional charges or Local Taxes applicable to each Transaction, which M’Cube Pay may charge in its sole discretion in accordance with applicable laws, as may be described on the M’Cube Pay website from time to time.
  • "Service Provider" means a local bank, money exchange house, or other third-party service providers (e.g. mobile network operators) in the Destination Country with whom M’Cube Pay works to provide the Service.
  • "Transaction" means the transfer of money through the Service.
  • "Transaction Amount" means the amount of money that the Sender wishes to send to the Payee as a Transaction, excluding any applicable Service Fee and prior to any foreign exchange conversion.
  • "Transaction History" means the record of your Transactions on our website which you may access using your email and password registration details.
  • "Transaction Request" means a specific instruction from you requesting us to send money to a Payee through the Service.

3. Our obligations

3.1 Subject to these Terms and Conditions, we agree to provide the Service to you using reasonable care. You acknowledge that the Service may not be available, in whole or in part, in certain regions, countries, or jurisdictions.

3.2 We are not obliged to process any particular Transaction. When you submit a Transaction Request, you are requesting that we process the Transaction on your behalf and consenting to the execution of the Transaction. We may, in our sole discretion, choose whether to accept the offer to process that Transaction. If we decide not to process the Transaction, we will notify you promptly of that decision and repay to you the Transaction Amount received by us, provided that we are not prohibited by law from doing so. If we choose to proceed with the Transaction we may still suspend or cancel it in our discretion.

3.3 M’Cube Pay reserves the right to modify or discontinue the Service or any part of the Service without notice, at any time and from time to time.

3.4 We may, in our absolute discretion, refuse any Transaction Request (as further detailed in clause 5) or impose limits on the Transaction Amount. We may do so either on a per Transaction basis or on an aggregate basis, and either in respect of one set of registration details or one Payment Instrument or on related sets of registration details or Payment Instruments.

3.5 Delivery times quoted on our service levels or elsewhere on our website are representative for the "normal" / average service and are not a guarantee of an individual Service or Transaction time.

3.6 We will attempt to process Transactions promptly, but any Transaction may be delayed or cancelled for a number of reasons including but not limited to: our efforts to verify your identity; to validate your Transaction instructions; to contact you; or due to variations in business hours and currency availability; or otherwise, to comply with applicable law.

3.7 We may send and receive notifications in relation to Transactions by email and SMS. We will provide you with information after receipt of a Transaction Request enabling you to identify the Transaction, along with details of the amount of the Transaction in the currency used in the Transaction Request, our Service Fee, exchange rate and the date on which the Transaction Request was received.

3.8 For the purpose of the Payment Services Regulations 2017, the following fields either in totality or a subset thereof can be unique identifiers:

Bank Transfers: Bank Name, Branch Name, Account Number, Bank Code, Branch Code, IBAN, BIC (or SWIFT), Account Type
Cash Pick Up: Payee Full Name
Mobile Money: Mobile Money Account Number

3.9 Mobile Top Up/money – A number of countries around the world have chosen to apply local taxes to incoming Airtime Top Ups and mobile wallets. When sending to a Recipient in these countries the corresponding deduction will be made from the Transaction Amount. Meaning the Recipient will get a lower amount of Airtime Top Up/Mobile Money.

3.10 In the event you have provided us with an incorrect unique identifier in respect of a Transaction which falls under the Payment Services Regulations 2017 and your Transaction has been misdirected, you may make a written request for the full details of the Payee by contacting us using one of the channels listed at the end of these Terms and Conditions and we will provide you with such details to the extent required and permitted by law.

4. Your obligations

4.1 You agree that:

4.1.1 you will not access, use or attempt to use the Service to provide any Instructions unless you are at least 18 years old, and that you have the legal capacity to form a binding legal contract in any relevant jurisdiction;

4.1.2 for each Transaction Request that you submit, you will pay us the Service Fee in addition to the Transaction Amount. Payment becomes due at the time that you submit your Transaction Request. To the maximum extent permitted by law, the Service Fee is non-refundable unless expressly stated in these Terms and Conditions. If you submit a Transaction Request that results in M’Cube Pay becoming liable for charges including but not limited to chargeback or other fees, you agree to reimburse us for all such fees;

4.1.3 we may apply a convenience fee for processing credit cards in certain jurisdictions at our discretion;

4.1.4 you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Service or any Instruction being conducted through the Service;

4.1.5 in connection with your registration and use of the Service, you will:

  • (a) provide us with true, accurate, current and complete evidence of your identity, and promptly update your personal information if it changes;
  • (b) provide us with any identity documentations as may be requested by us;
  • (c) provide us with any other information or documentation as may reasonably be required by us.

5. Refusal or delay of transactions

We may refuse or delay a Transaction if we reasonably believe that:

(a) by processing the Transaction, we might breach any law or regulation that applies to us;

(b) processing the Transaction may subject us to action from any government or regulator;

(c) the Transaction is being made for an illegal purpose;

(d) you have not provided satisfactory evidence of your identity when we have requested it;

(e) any of the information provided by you is incorrect, not current, or incomplete;

(f) you have otherwise breached these Terms and Conditions.

6. Cancellation and refunds

6.1 You may cancel a Transaction Request at any time before the Transaction Amount has been paid out to the Payee, provided that you notify us by contacting our customer service team. If we receive your cancellation request before the Transaction Amount has been paid out, we will refund the Transaction Amount to you.

6.2 If the Transaction Amount has already been paid out to the Payee, we will not be able to cancel the Transaction or provide a refund.

6.3 Refunds will be made to the same Payment Instrument used to fund the original Transaction, unless otherwise agreed by us in writing.

7. Liability

7.1 We will not be liable for any loss or damage arising from: (a) your failure to provide accurate, complete, or current information; (b) any delay or failure in the execution of a Transaction caused by circumstances beyond our reasonable control; (c) any actions taken by us in good faith compliance with applicable laws or regulations.

7.2 Our total liability to you in connection with these Terms and Conditions shall not exceed the amount of the Service Fees paid by you in the 12 months preceding the event giving rise to the claim.

8. Data protection

We will process your personal data in accordance with our Privacy Policy, which forms part of these Terms and Conditions. By using the Service, you consent to such processing and you warrant that all data provided by you is accurate.

9. Governing law

These Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales. Any disputes arising out of or in connection with these Terms and Conditions shall be subject to the exclusive jurisdiction of the courts of England and Wales.

Contact Us

If you have any questions about these Terms and Conditions, please contact us:

Address: M’Cube Pay, Regus House, Admirals Park, Victory Way, Dartford, DA2 6QD, United Kingdom.
Phone: +44 203 818 1029; +44 7498 152974
Email: info@mcube-global.com

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