For new customers, these terms and conditions became effective on December 22nd, 2018.
For existing customers, these terms and conditions shall become effective on February 22nd, 2019, following expiry of the two (2) month notice period given to you pursuant to paragraph 3.3 below.
Please email support@dalmar.no if you require a copy of any terms and conditions that were applicable immediately prior to this date.
1. ABOUT US
1.1 The Site (defined below) is operated by Dalmar AS ("Dalmar," "we," "us" or "our"). We are a limited liability company registered in Norway under company number 998 081 432 and have our registered office at Dalmar AS, Strandgata 19 0152, Oslo Norway.
1.2 Dalmar is authorized as a payment company by the Norwegian Financial Supervisory Authority.
1.3 We provide money remittance service. Dalmar can conduct cross-border business from Norway.
1.4 To contact us, please use below contact details:
1.5 E-mailsupport@dalmar.no ;
1.6 Post Dalmar AS, strandgata 19, 0152 Oslo, Norway
2. Terms of use
2.1 The terms and conditions contained herein (the "Terms and Conditions") together with any documents referred to herein tell you about the rules for your use of our website www.dalmar.no. whether as a guest or as a registered user.
2.2 By using the Site, you confirm that you accept the Terms and Conditions and that you agree to be bound by, and comply with, them in their entirety. If you do not agree to the Terms and Conditions, you must not use the Site or the Services (as defined below). We recommend that you print a copy of the Terms and Conditions for future reference.
2.3 You are also responsible for ensuring that all persons who access the Site through your internet connection are aware of the Terms and Conditions and that they comply with them.
2.4 Your use of the Site is also governed by our Privacy Policy (as defined below). Please click here and review this to understand our practices, including practices in regards to handling your personal information, collecting data and cookies.
3. CHANGES TO THE TERMS AND CONDITIONS
3.1 We may change the Terms and Conditions at any time by amending this page
3.2 We shall inform you if we intend to make changes to the Terms and Conditions however we advise that you also check this page from time to time for any such changes we may have made.
3.3 Subject to paragraphs 3.4 and 3.5, we shall notify you and provide you with the opportunity to cancel the Services at least two (2) months before any change to the Terms and Conditions becomes effective.
3.4 Notwithstanding paragraph 3.3, the following changes to these Terms and Conditions shall come into effect immediately upon notice being given to you:
3.4.1 changes that are more favourable to you;
3.4.2 changes that are required by law;
3.4.3 changes that are related to the addition of a new service or extra functionality to the existing Services; or
3.4.4 changes which neither reduce your rights nor increase your responsibilities.
3.5 Notwithstanding paragraph 3.3, changes to exchange rates shall come into effect immediately without notice being given to you and you shall not have the right to object to such change.
3.6 Using the Services or the Site after a change to the Terms and Conditions becomes effective means you agree to the new terms and conditions. If you do not agree to the new terms and conditions, you must stop using the Services and the Site.
4. DEFINITIONS
In these terms and conditions, except where a different interpretation is necessary in the context, the words and expressions set out below shall have the following meanings:
"Business Day" means any day except Saturday, Sunday or any day on which banks are authorised to close in Norway for general banking business.
"Currency Conversion" means, where you send money in one currency and the payout will be in a different currency, the operation by which the money you send will be converted into the payout currency.
"Data Protection Legislation" means all applicable data protection and privacy legislation in force from time to time in Norway including the General Data Protection Regulation ((EU) 2016/679); the Data Protection Act 2018; the Privacy and Electronic Communications Directive 2002/58/EC (as updated by Directive 2009/136/EC) and the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426), each as amended from time to time.
"Receiving Country" means a country to which a Sender instructs us to send funds.
"Fees" means all charges and fees we will charge Sender for using the Services.
"Intellectual Property Rights" means all patents, rights to inventions, utility models, copyright and related rights, trade marks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database rights, semi-conductor topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.
"Linked Sites" has the definition given to it in paragraph 11.1 below.
"Payment Method" means any legal payment instrument used to fund a Transaction.
"Payout Method" means a Sender's chosen way to deliver funds to a Receiver.
"Prohibited Purposes" means all purposes associated with any unlawful or illegal activity including but not limited to drugs, weapons, chemicals, adult content, counterfeit goods, money laundering, terrorist financing, human trafficking, human smuggling and fraud.
"Privacy Policy" means the privacy policy which can be found here.
"Receiver" means a person who is receiving funds from a Sender through the Remittance Services.
"Sender" means a person who sends funds through the Remittance Services.
"Sending Country" means the country where a Sender has registered his/her Account.
"Service Provider" means any institution we will work with to provide the Services to you.
"Services" means the Remittance Services and the Talk Services via the Site.
"Site" has the definition given to it in paragraph 2.1 above.
"Terms and Conditions" has the definition given to it in paragraph 2.1 above.
"Trademarks" means trademarks, service marks and trade dress.
"Transaction" means sending funds to individuals abroad, converting funds from one currency to another, making a payment using Dalmar services.
"Transaction Amount" means the amount payable to your Receiver excluding Fees and before any Currency Conversion.
"Transaction ID" means the unique reference number used to identify and payout a Transaction.
5. YOUR OBLIGATIONS AND RESPONSIBILITIES
5.1 You agree to pay all the Fees which are applicable to your chosen Payment Method and Payout Method.
5.2 You confirm that you are not using the Services on behalf of anyone else. If you wish to use our Services on behalf of any third party, you are obliged to inform us and provide any required information about the third party.
5.3 You must register with us to fully access Dalmar service. You agree to provide us with any required information about yourself and/or your Receiver such as an address, phone number, nationality, identity documentation, proof of address (such as utility bills), source of funds, bank statements or any other documentation as required by applicable laws and regulations. Our use of the personal information you provide us with is governed by our Privacy Policy.
5.4 You warrant that all information supplied by you is true, accurate, current, and complete.
5.5 You must not use the Site:
5.6 in any way that breaches any applicable local, national or international law or regulation;
5.7 in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
5.8 for the purpose of harming or attempting to harm minors in any way;
5.9 to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or to decompile, reverse engineer, or otherwise modify any part of the Site.
5.9.1 You must not use the Site
5.9.2 in any way that breaches any applicable local, national or international law or regulation;
5.9.3 for the purpose of harming or attempting to harm minors in any way;
5.9.4 to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or
5.9.5 to decompile, reverse engineer, or otherwise modify any part of the Site
5.9.6 You must not use the Site to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, logic bombs, time-bombs, keystroke loggers, spyware, adware or any other malicious or harmful programmes or similar computer code designed to adversely affect the operation of any computer software or hardware.
5.9.7 You must not attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site.
5.9.8 You must not attack the Site via a denial-of service attack, a distributed denial-of-service attack or any other form of attack.
6. OUR OBLIGATIONS AND RIGHTS
6.1 We agree to provide you with access to the Site and the Services in accordance with these Terms and Conditions. However, we reserve the right to refuse to provide you with the Services without any explanation
6.2 We may update the Services, the Site or any content therein at any time.
6.3 We are obligated to verify your information in accordance with our 'Know Your Customer' standards before approving your Account. We will use your address and other personal information to verify your identity against third party databases including but not limited to credit agencies. We will not perform credit checks, therefore, your credit rating will remain unaffected. We may ask for additional documentation to complete your identity verification. All data will be processed in accordance with the Data Protection Legislation. Please see our Privacy Policy for more information.
6.4 Dalmar does not take any responsibility for any damage or loss which you might incur because of your arrangement between you and your Receiver. Dalmar does not provide any guarantee on the quality, delivery of services and/or products you paid for using our Services. We strongly recommend that you only send money to Receivers you personally know.
7. REMITTANCE SERVICES
7.1 In order for us to execute your Transaction, you will need to fund it using your specified Payment Method. If you do not provide sufficient, cleared funds before the time specified in the Site, we will cancel your Transaction.
7.2 A summary of your Transaction details will be displayed before you submit the Transaction. Your confirmation will be treated as your consent to initiate your Transaction, however, your Transaction will not be executed until you pay for it, as per paragraph 7.1 above.
7.3 You agree to pay all Fees which are applicable to your chosen Payment Method and Payout Method. A breakdown of all Fees will be displayed before you submit your Transaction.
7.4 Where you send money in one currency and the payout will be in a different currency, we will apply a Currency Conversion rate. The rate will be displayed on the Site before you submit the Transaction. Once you submit your Transaction, the Currency Conversion rate will be locked for a time specified on the Site. The rate that we apply will be different from the rate at which we buy the currency. This difference in price is our small margin that we use to guarantee you the rate for a specified time.
We will pay the transaction in the currency you choose. If your beneficiary wishes to convert it to a different currency this may cause them to receive less or more than you intended. This is out of our control and we are not liable for any losses.
7.5 If you submit a payment order after 2pm on a Business Day or on a day that is not a Business Day, the payment order is deemed to have been received on the first Business Day thereafter.
7.6 The time of execution of your Transaction will be displayed before you submit your Transaction. We will attempt to pay your Transaction in accordance with the time indicated, however you accept that the payout time of your Transaction might change for reasons including but not limited to: (i) time needed to verify your Account or Transaction; (ii) business hours of Service Providers; (iii) our obligations to comply with any law in the Sending Country or Receiving Country; or (iv) any unforeseeable event which is beyond our control.
7.7 When you submit your Transaction, we reserve the right to impose limits on your Account, Transaction Amount. If a limit has been imposed, but you wish to continue using the Remittance Services, we might request additional information, for example proof of source of funds. We will communicate through the Site or email the reason for the limit, what information we require and what steps you need to follow to remove the limit. You acknowledge that we might not be able to provide you with the reason for, or possibility to remove, the limit if it would compromise security measures or would be otherwise unlawful.
7.8 After successful execution of your Transaction we will send you SMS confirmation together with details of your Transaction.
7.9 If you choose cash payout as your Payout Method, your Transaction will be available for 30 days from the day when you receive SMS confirmation. If the cash payout has not been made within that period, your Transaction will be cancelled, and your money will be returned to the Payment Method you used to fund the Transaction.
8. CHANGING, CANCELLlING AND REFUNDING TRANSACTION
8.1 Your Transaction details cannot be changed once you've submitted your Transaction. Please read the Transaction details carefully before submitting your Transaction to avoid misdirection of the Transaction or unsuccessful payment.
8.2 You acknowledge that Dalmar might not be able to cancel an already executed Transaction. If you wish to cancel your Transaction, please contact us send us an email to support@dalmar.no. We will attempt to cancel the Transaction, however, the success of the cancellation and the amount of any refund might depend on any of the following: (i) the Transaction status; (ii) availability of any relevant Service Provider; (iii) the Transaction being on hold for compliance review; or (iv) the reason for the cancellation. In case we are able to refund you your money, we reserve the right to keep the Fees charged for executing your Transaction as well as any additional fees associated with the cancellation.
8.3 If you have provided us with an incorrect information and your Transaction was paid out to a person other than your Receiver, you may make a written request to us to get a refund. We will attempt to refund you your money however we do not guarantee that we will be able to do so. In accordance with the Payment Services Regulations 2017, we have a right to charge you for our efforts to refund the money. Any fees that will be charged in connection with the refund will be communicated via email upon your written request. You acknowledge that we might not be able to refund you your funds.
8.4 In case of a successful refund, your money will be credited back to the Payment Method you used to submit the Transaction. We reserve the right to refuse to pay a refund to a Payment Method different to the one used for the Transaction.
8.5 You acknowledge that refunds can take up to seven (7) Business Days depending on your bank.
9. UNAUTHORISED and Incorrectly Executed TRANSACTIONS
9.1 If you believe that you did not authorise a particular Transaction or that a Transaction was incorrectly executed, you should:
9.1.1 contact us without undue delay (i.e. as soon as you become aware of the problem) and in any event within 13 months of the date of such Transaction. We will not be held liable for any Transaction that was unauthorised or incorrectly executed if you have failed to contact us without undue delay. In these circumstances, you may be held liable. You should also confirm the disputed Transaction in writing, setting out full details of the Transaction and your reason for disputing it; and
9.1.2 provide us with all receipts and information that are relevant to your claim.
9.2 Subject to paragraphs 9.1 and 9.4, we shall refund to you the amount of any Transaction not authorised by you as soon as reasonably practicable (and in any event no later than the end of the Business Day following the day on which we become aware of the unauthorised Transaction).
9.3 If we subsequently establish that the Transaction was authorised by you, or you have acted fraudulently or have, with intent or gross negligence, failed to keep your Account security details safe, we may deduct the amount of the Transaction from your available balance. If you do not have a sufficient Available Balance for the deduction, you must repay us the amount immediately on demand.
9.4 If you have acted fraudulently or have with intent or gross negligence failed to keep your Account security details safe, you will also be liable for all losses we suffer in connection with the unauthorised Transaction, including but not limited to the cost of any investigation we carry out in relation to the Transaction.
10. Communication
10.1 You agree that email will be main method of communication between you and us.
10.2 You must have access to a valid email address that belongs to you in order to receive any relevant information concerning your use of the Site and our Services.
10.3 You have a right to request for a copy of these Terms and Conditions to be sent to you via email.
10.4 These Terms and Conditions are in the English language. Any communication in relation the Services and any other communication will be in the English language.
10.5 Any notice or other communication shall be deemed to have been duly received the next Business Day following the notice being communicated.
11. Linked Sites
11.1 This Site may contain links to other independent third-party websites and resources (the "Linked Sites"). The Linked Sites are provided solely as a convenience to our visitors.
11.2 The Linked Sites are not under our control and we are not responsible for and do not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites.
11.3 You will need to make your own independent judgment regarding your interaction with the Linked Sites. We will not be liable for any loss or damage that may arise from your use of the Linked Sites.
12. Disclaimer and Limitation of Liability
12.1 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation or for breach of your legal rights in relation to the Services including the right to receive services which are as described and supplied with reasonable skill and care.
12.2 You understand and agree that under no circumstances shall we be liable for any loss or damage, whether in contract, tort (including negligence) or otherwise, even if foreseeable, arising under or in connection with the use of, or inability to use the Site or Services or the use of or reliance on any content displayed on the Site.
12.3 We do not guarantee that the Site, or any content on it, will always be available or be uninterrupted or that the Site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs and platform to access the Site. You should use your own virus protection software.
12.4 Access to the Site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or part of the Site without notice. We will not be liable to you if for any reason the Site is unavailable at any time or for any period.
12.5 The Site may contain omissions, inaccuracies and typographical errors and, although we use all reasonable efforts to keep content up to date, we are under no obligation to update it. We do not make any representations, warranties or guarantees, whether express implied as to the accuracy or completeness of any content on the Site.
12.6 You expressly understand and agree that:
12.6.1 Your use of the Site shall be at your sole risk;
12.6.2 The content on the Site is provided for general information only. It is not intended to amount to advice and you should not rely on it;
12.6.3 The Site is provided on an "as is" and "as available" basis;
12.6.4 Except as expressly provided herein, and to the extent permitted by law, we exclude all conditions, warranties, representations or other terms of any kind, whether express or implied which may apply to the Site or any content on it;
12.6.5 We make no warranty with respect to the results that may be obtained from the Site, the products or services advertised or offered or merchants involved; and
12.6.6 Any material downloaded or otherwise obtained through the use of the Site is done at your own risk and you will be solely responsible for any damage to your computer system or for any loss of data that results from the download of any such material.
12.7 The Site and all its contents are intended solely for personal, non-commercial use. You agree not to use the Site for any commercial or business purposes and we have no liability to you for any loss of profits, loss of business, business interruption or loss of business opportunity.
12.8 We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programmes, data or other proprietary material due to your use of the Site or to your downloading of any content on it, or on any Linked Site.
13. Linking to the Site
13.1 You may link to the homepage of the Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
13.2 You must not link to the Site in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
13.3 You must not establish a link to the Site in any website that is not owned by you.
13.4 You must not frame the Site on any other site, nor may you create a link to any part of the Site other than the homepage.
13.5 We reserve the right to withdraw linking permission without notice.
13.6 If you wish to make any use of content on the Site other than that set out above, please send us an email to support@dalmar.no.
14. PLACE OF PERFORMANCE
14.1 This Site is controlled, operated and administered by us from our office within the European Economic Area.
15. General
15.1 Each provision of these Terms and Conditions is distinct and severable from the others. If at any time, any provision of these Terms and Conditions is held to be invalid, unlawful or unenforceable (whether wholly or partly), the provision shall be removed (or interpreted, if possible, in a manner as to be enforceable), and the validity, lawfulness and enforceability of remaining provisions (or the same provision to any other extent) will not be affected or impaired in any way.
15.2 We may agree to amend these Terms and Conditions in order to ensure the terms are valid, lawful and enforceable.
15.3 Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
15.4 Our delay or failure to act with respect to a breach of these Terms and Conditions by you or any other person does not waive our right to act with respect to subsequent or similar breaches.
15.5 These Terms and Conditions set forth the entire understanding and agreement between us with respect to the subject matter contained herein and supersede any other agreement, proposals and communications, written or oral, between our representatives and you with respect to the subject matter hereof, including any terms and conditions on any of customer's documents or purchase orders.
15.6 No person other than you or us shall have any right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms and Conditions but this does not affect any right or remedy of a third party which exists or is available apart from under that Act.
15.7 You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms and Conditions or your use of the Site.
15.8 Our performance of these Terms and Conditions is subject to existing laws and legal process, and nothing contained herein is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by us with respect to such use.
16. GOVERNING LAW AND JURISDICTION
16.1 These Terms and Conditions, their subject matter and their formation, and all disputes or claims arising out of or in connection with it (including any non-contractual disputes), and any obligation arising out of or in connection with it, shall be governed by and construed in accordance with the laws of Norway.
You and we both agree that the courts of Norway shall have exclusive jurisdiction over any disputes relating or connected to these Terms and Conditions.
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