Terms and Conditions for Bank Transfer Service

Top-up and Goods Delivery Service | Remittance UK | Remittance EEA | Remittance Chile

These terms and conditions are effective from and including 5th August 2023

Table of Contents

  1. About us and the present T&C
  2. About the service
  3. Who is User?
  4. Promotions
  5. Customer Service
  6. Our obligations and responsibilities
  7. Your duties and responsibilities
  8. Exchange rates and fees
  9. Data protection


The content of this Key Points is an indicative summary of the Terms and Conditions of the Website. Nevertheless, we strongly recommend that you consult the full content before registering on our portal in order to understand in detail the terms and conditions of the contract

1. About us

The website www.fonmoney.com is owned by Fonmoney GmbH, which provides the technical service and which in turn belongs to the Transpaygo Group Limited. The Financial Service is provided by the Spanish subsidiary of the Group, Mi Envío Entidad de Pago, S.L. under licence with the Bank of Spain under registration number 6926. These T&Cs regulate the conditions of contracting our Services between us and the User, and are expressly accepted by the User during the registration process on the website.

2. About the service

Through the Website we provide international payment or money transfer services. In order to use our services, it is essential to have created a Fonmoney Account, which is personal and non-transferable, and each User can register only once.

In order to be able to provide our services, when processing a payment order we will require you to provide certain information about yourself and the beneficiary, which must be correct and accurate so that we can provide the Service with all the guarantees. Once the payment order has been processed, it will be considered to have been made correctly, even if there is an error in the information provided. Although we will make every effort to mitigate damages in the event that an error has occurred, we cannot be held responsible for any damages or losses caused as a result of the inaccuracy of the data provided by our Users.

The business hours for processing payment orders are 8 a.m. to 5 p.m. (CET) on business days. All payment orders received outside these hours will be considered received on the next business day.

Your payment order will always be processed as quickly as possible. The maximum average time for processing a payment order is 5 to 9 working days, depending on the country of destination of the funds, although this may sometimes take longer due to the verification checks that we are obliged to carry out. In this regard, please check your registered e-mail address periodically to verify any request for information that we may have requested from you, in order to avoid unnecessary delays.

3. Who is User?

Any person of legal age who, having registered on our platform and successfully passed the KYC process and has carried out at least one transaction in a consecutive period of 6 months, shall be considered a User of the Website.

4. Promotions

From time to time we run promotions on our Website. These promotions are always linked to specific and individualised T&Cs for those promotions and will always be available on our Website for the duration of the promotion.

5. Customer Service

All our Users and third parties have different channels available to communicate anything they wish to our Customer Service:

All queries or complaints received will be dealt with as soon as possible, and within 2 working days of receipt. The Customer Service regulations are available on our website. In addition, if you are not satisfied with our Service or response, you may use the channels set up by the Bank of Spain for this purpose. You will find more information on the process and channels of communication in section 5 of these T&Cs.

6. Our obligations and responsibilities

Our responsibilities:

  • To provide you with services in accordance with the highest standards of quality, transparency and excellence.
  • Process payment orders received as soon as possible.
  • Notify the User as soon as possible of any delay or inconvenience in its operation.
  • Maintain the Website available, whenever possible, and in optimal and adequate conditions to provide the Service.
  • To keep our Users' funds separate and safe in segregated and segregated accounts with appropriate Financial Services Compensation schemes and conditions.
  • In the event that we use an external supplier to process the payment order, these T&Cs do not apply but those of the supplier. Upon the User's request, we may provide updated information on the supplier's opening hours and contact details, without this implying acceptance of liability for inaccuracy of the supplier's contact details.

Our obligations:

  • To provide our services with the utmost respect for the law and regulatory standards.
  • Verify the identity of all our Users through KYC providers.
  • Require additional information from you when we need it to fulfil our verification obligations and due diligence processes.
  • We reserve the right not to provide our Services where any of the points described in section 7.1 are detected.
  • To investigate any suspicious activity, and to assess and analyse transactions made through our Website, and reserve the right to refuse transactions if it detects any indication of risk.
  • Block the Account of any User or suspend the provision of Services if it detects any of the points set out in section 7.1. hereof.
  • Report any suspicion of illegal activity to the competent authorities.

Please note that we shall not be liable for the cases provided for in section 7.1. of these T&Cs.

7. Your duties and responsibilities

Responsibilities and obligations of Users:

  • Provide true, accurate and complete personal information both during your KYC process - or confirm it after 6 months of inactivity - and during the process of placing a payment order. It shall be your responsibility to keep this information up to date, and any errors or inaccuracies that may exist. If you make a mistake in the information on a payment order that has already been processed, you can contact us so that we can try to fix it, but please note that this may not always be possible.
  • Use our Services for lawful, ethical and moral purposes, and in compliance with these T&Cs, applicable laws, rules and regulations.
  • To make use of our Services with beneficiaries known to you personally, and not to pay for goods and services, exempting the entire Transpaygo Group from liability for any inconvenience that may arise in breach of this clause.
  • Create only one Fonmoney Account, and store your username and password with the utmost care, which is personal and non-transferable.
  • To carry out operations only in its own name.
  • Regularly check your registered email account to ensure a smooth relationship and communication with us and to avoid unnecessary delays.
  • Cooperate with us in requests for additional information and internal checks in relation to the User, payment order and/or payee, and respond in a timely manner to these requests.
  • Reimburse any additional charges incurred by us as a result of a payment order and any unauthorised charges that may arise.
  • You may not assign any of your rights or obligations hereunder.
  • To be liable for any damages arising from inappropriate use of the Website and the Services provided.
  • In general, to use our Services in full compliance with the provisions of point 7.2. of these T&Cs.

User Rights:

  • Request a refund of your payment order - as long as it has not already been processed.
  • To withdraw from and cancel the contract concluded with us, in accordance with Spanish legislation on the right of withdrawal.
  • Obtain reimbursement of the amounts received, where applicable, which shall be made using the same means of payment.
  • Delete your data as long as no transaction has been processed.

8. Exchange rates and fees

Fee: Each transaction carries a Service Fee, which will depend on market conditions.

Exchange rates: The exchange rate we apply will be always displayed what the beneficiary receives and call “exchange rate”. The exchange rate offered will always try to be optimal, based on the rate we receive from external suppliers. Market rates do not apply even so can check those at https://www.marketwatch.com/market-data/currencies.

A percentage of the funds transferred is also invoiced, depending on the risk assumed by us.

Additional fees: we will only charge you administration fees if our settlement banks or the receiving bank rejects your Transaction.

Further information on our prices can be found in section 8 of these T&Cs.

9. Data protection

In our Privacy Policy you will find information regarding the collection, processing and other relevant aspects of your personal data.


1. Prior contractual information

1.1 About Transpaygo and Mi Envío

Mi Envío Entidad de Pago, S.L. is a Spanish subsidiary of the Transpaygo Group, whose parent company is Transpaygo Limited (hereinafter, “Transpaygo”), registered in England and Wales Companies House Reg. No. 8936601 and whose registered office is c/o Keystone Law at 48 Chancery Lane, London WC2A 1JF United Kingdom, which is itself regulated by and authorised by the Financial Conduct Authority (FCA) to carry out payment services business as an Authorised Payment Institution (API) under the Payment Services Regulations 2009 (FRN 722528). Transpaygo is a Money Service Business (MSB) registered with HM Revenue and Customer No. 12579512.

The financial service is provided by Mi Envío Entidad de Pago, S.L. (hereinafter, Mi Envío), a Spanish company with Tax Identification Code B-67412411 and registered office at Avinguda de Francesc Cambó, 17, 1st floor (08003 - Barcelona), duly registered in the Barcelona Companies Register in volume 46897, folio 161, page B534639 and 1st entry.

Mi Envío is registered with the Bank of Spain, under registration reference number 6926, as a Spanish financial institution authorised to carry out payment services activities as an authorised payment institution under the Payment Services Regulation and to provide services throughout the European Economic Area (hereinafter "EEA").

The technical service is provided by Fonmoney GmbH (hereinafter, "Fonmoney"), which also belongs to the Transpaygo Group. Fonmoney provides and owns the domain or website www.fonmoney.com, which is used to provide our Services.

The e-mail address for contacting the company is [email protected].

1.2 About these Terms and Conditions

These Terms and Conditions (hereinafter, "T&C") regulate the conditions of contracting the money transfer service between Mi Envío and the users (hereinafter, the "User", "Customer", "You", "Your") of the Website , in accordance with the legal stipulations. In particular, Law 7/1998, of 13 April 1998, on Contracting Conditions, Royal Decree 1906/1999, which regulates telephone or electronic contracting with general conditions in development of article 5.3 of Law 7/1998, Law 3/2014, of 27 March, which amends the revised text of the General Law for the Defence of Consumers and Users, in accordance with the provisions of the current regulations on Personal Data Protection, Law 7/1996, of 15 January, on the Regulation of Retail Trade, Law 34/2002 of 11 July, on Information Society Services and Electronic Commerce and Law 59/2003 on Electronic Signatures.

Mi Envio and/or Transpaygo reserve the right to modify these T&Cs at any time and without prior notice. Said modifications may be made, through its Website, by any legally admissible means and shall be binding for as long as they are published on the Website and until they are validly modified by subsequent modifications. Mi Envio may establish specific conditions for the contracting or use of certain services or products offered through the Website.

By accepting these T&Cs, the User declares that he/she has read, understands and comprehends and assumes all the obligations set forth herein. The User must read these T&Cs carefully each time he/she contracts or uses any service through the Website.

2. Definitions

"Agreement" means this "Terms and Conditions" agreement, including all subsequent amendments.

"Application" means any downloadable software for mobile phones on which Fonmoney services will be offered on the same terms and conditions as on the Fonmoney website.

"Authorised Payment Institution" means a company that is authorised and regulated to process card-initiated payments, credit transfers or direct debits, should we choose to do so.

"Bank Transfer" means the transfer of any amount of funds to a designated account that has been opened with an internationally known bank with an account number, IBAN, IBC or SWIFT Code. Bank transfer does not mean sending through the SWIFT network or networks belonging to authorised banks.

"Business Day" means a day that is not a Saturday, Sunday or public holiday in England, Vienna or Barcelona, or any other applicable location, on which financial institutions are open for business.

"Customer Profile" means the personal or other information provided by you, the customer, when registering for an account with us, including but not limited to your contact details and any information that may be updated by logging into your Fonmoney account.

"Destination country" refers to the country where the recipient's account is located and where the recipient receives the money through the service.

"Exchange Rate" means the exchange rate at which Transpaygo will offer the User or perform for the User the conversion of an initial currency into the preferred currency requested. The exchange rate shall not necessarily be the market rate provided by the Financial Information Sites on the Internet or the exchange rate of any Central Bank.

"Force Majeure" means events or causes including, but not limited to, an "Act of God", maritime peril, unavoidable shipping accident, war (whether declared or not), sabotage, riot, insurrection, civil commotion, national emergency (in law or in fact), martial law, fire, flood, cyclone, earthquake, landslide, explosion, power or water shortage, failure of a transmission or communication network, epidemic, quarantine, strike or other labour difficulty or expropriation, restriction, prohibition, law, regulation, decree or other legally enforceable order of a governmental agency, breakage or accident, change of law or regulation or any damage to Fonmoney Portal machinery or systems, unless it occurs as a result of an act, omission, default or negligence of you or Fonmoney Portal.

"IBAN" stands for "International Bank Account Number" and is the European Union's identification code for a bank account.

"Local Taxes" means any taxes or charges payable in the Destination Country.

"Order" refers to your request for us to perform a service on your behalf.

"Payment Instrument" means a valid payment instrument, such as a bank transfer, debit or credit card, direct debit mandate or any other method that the Fonmoney Portal accepts as valid to enable you to pay for the payment transaction you wish to execute.

"Payment limits" refers to the maximum amount of currency accepted for an exchange; the limit varies dynamically depending on market conditions. The minimum amount to be sent is 30.-€.

"Payment order" means an instruction validly given by you to us requesting the execution of a payment transaction.

"Payment Services Regulations" refers to the Payment Services Regulations 2009 (2009, No 209).

"PSD agent" refers to a PSD agent. This implies that the service is provided by an agent of a payment service provider.

"Recipient" refers to the beneficiary of the money transfer specified by the customer and executed by the firm.

"Registration" refers to the act of registering for the Service by providing Transpaygo with all the personal and transactional data requested in order to use the Service.

"Safeguarding" means the requirement to protect client funds should the institution become insolvent.

"Sender" means a person who uses the Service to send money.

"Service" means all payment, money transfer and top-up services and related products available through the Website.

"Service Fee" means the fee plus any additional charges applicable to each Transaction.

"Service Provider" means a local bank, exchange bureau, mobile phone operator or other third party service providers with whom the Fonmoney Portal cooperates in the provision of the Service.

"SWIFT" stands for Society for Worldwide Interbank Financial Telecommunication and developed a standardised code system to identify all banks worldwide and an electronic protocol to manage interbank banking between banks.

"SWIFT code" means the internal identification code of each bank supported by SWIFT and required for international transactions through banks. This code is commonly seen in internet banking as the SWIFT Code and in Europe it is also called the BIC. In the UK it is necessary to apply for it, as the SORT code commonly used is not the international SWIFT code.

"SWIFT network" refers to the corresponding electronic interbank network that banks have built on the Standard Interbank Protocol that SWIFT has developed.

"Top-up" refers to the transfer of a prepaid amount of time to a mobile operator to pay for the provision of telecommunications services by that mobile operator.

"Transaction" means (i) each money transfer, top-up or other Service you initiate using the Website; and (ii) each subsequent use you make of the Service;

"Transpaygo, Fonmoney, Mi Envío, we, us, our" means Transpaygo Limited, a company registered in England and Wales with Reg. No. 8936601 and having its registered office c/o Keystone Law, 48 Chancery Lane, London WC2A 1JF

"User" , "you" or "your" means you and any other person or entity entering into this Agreement with us or using the Service, remaining active on the Platform for a period of at least 6 consecutive months after last transaction.

"Website" refers to any of Transpaygo and Mi Envío’s Fonmoney branded portals regardless of the domain ending.

3. Characteristics of the service

3.1 About the contract and the registration process on the platform

Mi Envío provides international payment services (hereinafter, the "Service") to all our customers and Users. In this regard, these T&Cs shall apply to all contracts established between Mi Envío and the User, understood as the person who clicks on the "I accept" button on the Website. By using the Website, registering on the Website and requesting MyShipment Services, the User expressly agrees to be bound by these T&Cs, which are applicable to the services provided by MyShipment through the Fonmoney portal. Therefore, if you do not agree to these T&Cs, we strongly recommend that you do not register or use our Services.

In order to purchase the services of Mi Envío, it is essential for the User to register on the Website. During the registration process on the Fonmoney portal, the User will be required to provide a series of personal data, in addition to being able to identify him/her diligently and reliably. The data that we will request will be, among others, given name and surname, identification document, date of birth, place of residence, nationality, e-mail address, profession, and the reason for the transaction.

The collection and processing of personal data supplied by the User, as well as the exercise of the User's rights over such data, shall be governed in accordance with the Privacy Policy and Cookies Policy of the website.

As stated in section 2 of these T&C, any person who, having registered in our platform and only after having performs any transaction is considered a User. The person registered will remain a User next consecutive period of 6 months after the last transfer completed.. If, after 6 consecutive months of inactivity of a profile, you wish to contract again our Services by performing any type of transaction, we will ask you to review your personal data and to confirm us that the personal information you provided during the registration process is still true, accurate and updated.

In addition, in order to be able to contract with the Website Services it is essential that the User is of legal age (over eighteen (18) years of age). By registering and using the Website, you declare that you are eighteen (18) years of age or older, and that you accept that you may be required at any time to provide a document that sufficiently proves your age.

Each User may register as a member of the Website only once. Once registered, you will be given an account. If, during our KYC or transaction checking exercises, our system, or any of our employees detect a duplicity of profiles, we reserve the right to block the duplicate profile.

In any case, you agree that the information you provide when you register will be true, accurate and complete. It is your responsibility to inform us of any changes to that information. All personal information, including financial information ("Data") that you provide to us as a member will be treated in accordance with the Privacy Policy and the Cookie Policy.

When registering on the Website, you will be required to provide your email address and choose a password. For the purposes of these T&Cs, your "username" shall be the email address you use when registering as a member on the Website. You are entirely responsible for all activities that occur under your email address and/or password.

In accordance with the provisions of Law 10/2010, of 28 April, on the prevention of money laundering and the financing of terrorism, Mi Envío is obliged to inform SEPBLAC of any transaction suspected of being linked to money laundering, and to provide information on the User, the payment orders and the Beneficiaries in accordance with the specific requirements formulated by said entity.

By accepting these T&Cs the User expressly declares that he/she will not infringe any applicable law and, in any case, that he/she assumes responsibility for the consequences or implications of any infringement of applicable law.

3.2 About the Money Transfer Service

As stated above, in order to use the Mi Envío Transfer Service, you must have created a Fonmoney Account on the Website.

In order to make a payment through the Fonmoney portal, you will be required to provide certain information prior to the transaction. Among the information we may request is your identity card (it must be valid by the official authorities of your country of origin in order to be accepted by us),the full name of the beneficiary, place of residence, bank details of the beneficiary in order to carry out the transaction and the amount you wish to transfer. In accordance with the Prevention of Money Laundering and Terrorist Financing regulations, the information we request from you, as well as the total amount of money you intend to send, may vary depending on the beneficiary's place of residence.

You are responsible for the correctness and accuracy of the payee data provided when creating a payment order. Please make sure that this information is correct and accurate, as this is the only way we can avoid delays and ensure that your shipment reaches the correct recipient (not only in cases of money transfers, but also in cases of Top Ups, for example).

Once a payment order has been processed with the information provided by you, it will be considered to have been correctly processed even if you have made a mistake in the data provided. Neither Mi Envío, nor Transpaygo or Fonmoney, will be responsible for any kind of damage or loss in these cases. In such instances of we will do everything possible to help you recover your money, but please note that we cannot under any circumstances guarantee the recovery of the money after the payment order has been created and sent. In some cases, where we incur fees to recover funds, we may have to you corresponding fees accordingly.

The business hours for processing payment orders are from 8 a.m. to 5 p.m. CET (European Central Time) on business days. CET (European Central Time) on business days. Please note that if we receive the payment in our systems after 5 p.m. CET, or on non-business days, your payment will be considered as received on the next business day.

We also inform you that we are obliged to carry out verification checks which can increase the processing time of your payment. In this regard, we may require additional information from you during this verification process. Please check your registered email address - and spam folder - regularly to respond to any information requests you may have received from us to avoid unnecessary delays in your transaction.

The average time to process a payment order is 5 to 7 working days. The Mi Envío team in particular, and Transpaygo in general, will always make every effort to complete your transaction as quickly as possible. Notwithstanding the above, if for any reason we are unable to process your transaction in a timely manner, you will be notified immediately via the e-mail address provided by you. In such communication you will be informed that your transaction could not be completed and, where possible, we will provide you with the reasons why we were unable to complete your transaction together with a solution to any errors.

5. Customer service, complaints and communication

Mi Envío and Transpaygo are committed to providing our customers with the highest level of service, both through the products we offer and our customer service team, and we greatly value your feedback. That is why Transpaygo has a Centralised Customer Service Centre (hereinafter, "CSC"), which serves customers and users of all the group's subsidiaries.

If you have something you would like to report or if you have a problem, please contact our CSC department through the means made available to you - and indicated below - by Mi Envío and Transpaygo, and we will do our best to resolve the problem as quickly and efficiently as possible.

As our Services are provided exclusively through the Internet, Mi Envío has focused and designed its Customer Service to also be online with every aspect provided this way. By accepting these T&Cs, you expressly agree that any complaint or claim may be submitted online via the following means:

  • By filling in a form fprovided for this purpose on the website of Fonmoney, where the Customer Service regulations are also available for consultation.
  • You can also contact us directly by emailing [email protected] , describing the nature of your question, dissatisfaction or complaint and we will ensure that your email reaches the appropriate department and person. Our customer service team is trained on how to recognise and handle any complaint and is aware of the established Transpaygo and Mi Envío procedures.

We also assure you that we will do our best to address your concerns as quickly (and in any case within two (2) months) and efficiently as possible, always with your best interests in mind, so please wait for our detailed response.

However, if you are not satisfied with our service, or with our resolution, or response, you can also file a complaint or claim directly with the Banco de España through the channel provided. Contact details are provided below:

Bank of Spain

Entity Conduct Department

C/Alcalá 48 (28014 Madrid)

Telephone: 900.545.454 / 913.388.830

You can contact them telematically through their website

Please consider however, that in order for the Banco de España to deal with your claim through the channels described above, it will be an obligatory requirement - provided for by the regulations themselves - that you must have previously complained to our institution.

Please note that we will always communicate with you via the email address you provided during the registration process, so please make sure it is one that you check regularly and to which you have access.

For contractual purposes, you agree to this electronic means of communication and acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

You can find more information about our Customer Service at Customer Service Regulations.

6. Partners/Third parties

The binding force of these T&Cs only reaches the contracting parties, so that a person who is not a party to these T&Cs has no rights under the principle of relativity of contracts (Art. 1257 Civil Code).

Some of the products and services that may be offered for sale, through the Website or through other services that Mi Envio offers, may be sent, created, provided or developed by third parties. In such a case, it will be clearly stated whose service it is and that the terms and conditions of the third party will apply.

Mi Envio cannot permanently verify the accuracy or completeness of the information or the suitability or quality of the products and services of these third parties. You should therefore make your own enquiries with the relevant third party provider directly before relying on third party information or entering into a transaction in relation to third party products and services mentioned on the Website.

If there is no clear indication that this offer is provided by a third party and the third party's terms and conditions apply, then the Mi Envio Terms and Conditions will prevail over those of the third party.

7. Obligations and responsibilities

7.1 Obligations and responsibilities of Mi Envio

Subject to these T&Cs, we agree to provide the Service to you with reasonable care. The Service may not be available in whole or in part in certain regions, countries or jurisdictions.

We will endeavour to process Transactions promptly, but please note delays can occurr in processing Transactions, for a number of reasons including, but not limited to: our obligation to verify your identity; our process for validating payment orders; any contacts with you; compliance with applicable laws; or variations in business hours and currency availability.

Mi Envío will make every reasonable effort to ensure that the Website is available 24 hours a day, 7 days a week, without prejudice to the times set aside for receiving payment orders, which will be posted on the Website. However, given the complexity of the systems and networks used by Mi Envío, it is not possible to guarantee operation free of faults or interruptions. Notwithstanding the foregoing, Mi Envío will always seek to re-establish continuity of service as soon as possible.

Mi Envío may, for reasons of failure, system maintenance, technical problems, operational outages, hacking or any type of computer attack and, in general, due to any unforeseen circumstances or force majeure, modify, cancel, suspend and/or delete payment orders temporarily, thereby releasing Mi Envío from any liability that it may incur as a result of such unforeseen circumstances or force majeure.

Dependent on the value and destination of the transaction, Mi Envío may verify the identity of Users through KYC (Know your customer) service providers at the point of registration or with the instruction of subsequent transactions.

Mi Envío reserves the right not to provide you with any of the Services offered (and therefore any contract between you and Mi Envío shall be considered null and void) if, during the User verification process or when placing a payment order, any of the following circumstances are detected:

  • we are unable to obtain sufficient evidence of your identity. In this regard, please note that Mi Envío will not accept any identity document that is not valid or acceptable to the official authorities in your country of origin;
  • we are unable to verify the personal data you have provided us with;
  • we have reason to believe that your communication with us (by whatever means) is incorrect, incomplete, unauthorised or forged;
  • provides us with false, incorrect or incomplete information;
  • your transaction is not delivered to us early enough to allow us to process the Transaction according to your request (for example: you request a same-day transfer to a country, but we receive your order after 5 p.m. CET);
  • your transaction cannot comply with any regulatory or governmental authority requirements (when sending or receiving);
  • in doing so, we may breach any law, regulation, code, internal rule or other duty that applies to us;
  • in doing so, we may expose ourselves to action by any government or regulatory body.

In all such cases, but not limited to these, when you submit a Transaction you are requesting that we process the transaction on your behalf. Mi Envío reserves the right to decide, on a reasoned basis, whether or not to accept the offer to process that transaction. If we decide not to process the transaction, we will promptly notify you of that decision and refund any money you have paid to us, explaining our reasons for not processing the transaction.

As an authorised payment institution it is our responsibility and obligation to segregate your funds. We do so by placing the funds in a segregated account (known as a ‘safeguarding account’) at either:

  • Raiffeisen Bank International AG (RBI), Austria or,
  • Banco Bilbao Vizcaya Argentaria (BBVA), España.

As an authorised payment institution, funds held with us are not covered by the Financial Services Compensation Scheme. Instead the funds are held under the BDE’s recognised safeguarding guidelines, whereby we segregate your funds into a dedicated safeguarding account. This, which means those funds are segregated from our other assets so that in the event of our insolvency these funds will be available and used to repay you and other clients.

RBI (Raifeisen International Bank AG of Austria) and BBVA (Banco Bilbao Vizcaya Argentaria of Spain), which are both one of the largest banks in their respective countries) provide us with the safeguarding accounts. It should though be noted that they do not monitor the funds we place into the safeguarding accounts or how we operate these accounts.

Mi Envío also reserves the right to reject transactions from certain Users or for certain Recipients, including entities and individuals on restricted or banned lists issued from time to time by the government, supragovernmental bodies or any NGO or other list of suspected criminals, politically exposed or sanctioned persons. In this regard, please note that our KYC providers make appropriate checks.

Not all Payment Instruments are available to all customers at all times and Mi Envio may, in its sole discretion, refuse transactions funded with certain Payment Instruments.

In the event that Mi Envio chooses to use a third party Service Provider for the collection of funds or any other means of funds recovery, the terms and conditions of the Service Provider will apply. We will attempt to provide Senders and Recipients with up-to-date information on the location and opening hours of our Service Providers through information on our Website. However, you agree that neither Mi Envio, nor Transpaygo or Fonmoney, shall not be liable for any inaccuracies that may appear in such information or for any damages that may result from incorrect or incomplete information.

Mi Envio and/or Transpaygo may, without prior notice (except as required by law) and without incurring any liability to you, block your User account, or immediately terminate or suspend your access to our Services at any time, including, without limitation, if:

  • attempts to transfer or debit funds from an account that does not belong to you;
  • an account that does not have sufficient funds available or that has expired;
  • the available credit line is insufficient from the credit card used for payment;
  • we receive conflicting claims about ownership or the right to withdraw funds from a debit or credit card account;
  • we experience attempts to tamper with, hack, modify or corrupt the security or functionality of our Website;
  • we experience attempts to transfer funds derived from illegal proceeds which are considered money laundering;
  • you have breached any term or condition of these T&Cs, or any representation or warranty you make under these terms and conditions is false;
  • the User is insolvent or bankrupt;
  • our team of Approval Officers, when analysing your transaction, detect any type of risk in your operation that may or may not be linked to Money Laundering or Financing of Terrorism or, in general, that involve any type of suspicion of being contrary to the applicable laws, rules or internal regulations.
  • we have determined that your profile is inactive. In case of reactivation, you should contact customer service at [email protected].
  • in general, if we detect misuse of our Website.

Mi Envio will not be responsible for:

  • any failure to comply with your instructions as a result of circumstances which could reasonably be considered to be beyond our control;
  • malfunctions in communications facilities which cannot reasonably be considered to be within our control and which may affect the accuracy or timeliness of messages you send to us;
  • any loss or delay in the transmission of messages arising from the use of any internet service provider or caused by any browser or other software not under our control;
  • errors on the Website or with the Service caused by incomplete or incorrect information provided to us by you or a third party.
  • for the impossibility of carrying out payment orders due to errors or inaccuracies in the payment details of the Beneficiary; nor shall it be liable for damages resulting from loss of data, consequential damage, loss of profit, or any other loss or damage caused by negligence or breach by the User of the terms of these General Terms and Conditions of Contract.

This clause does not exclude or limit our liability for negligence or liability for fraud which may be directly attributable to Mi Envío.

Mi Envío accepts no liability for damages resulting from the non-payment or delayed payment of a money transfer to a beneficiary or if a transaction is not carried out under the service for any of the above reasons.

7.2 User Obligations and Responsibilities

To use the Services, you must first register and obtain an Account on the Website. You can do this by completing the relevant information on the registration screen on the Website. The personal information you need will depend on the amount you wish to send, the country you are in and the country to which you wish to send the money. We will try to process the opening of your account as quickly as possible and, if we have all the correct information, it will be almost immediate.

Likewise, as previosuly stated, the User must be of legal age.

In the event that we detect that the information received:

  • is incomplete or does not provide all the detail we need;
  • we do not obtain satisfactory or valid evidence of their identity;
  • it is not possible to verify their identity with external providers;
  • is inconsistent;
  • is from a country where we have to take special care to identify senders and recipients;

we will have to employ further due diligence and investigation (e.g. by requesting additional information or documentation from you), and/or we will not be able to open the account immediately and/or we will retain the right to process this information whenever we deem it appropriate to decide on the opening of the account.

As stated in previous sections of these terms and conditions, it is your obligation to provide truthful, clear and accurate personal information during the registration process, and the User is solely responsible for the accuracy of the data provided. It is also the obligation and responsibility of each User to keep the information provided updated, informing us of any changes that may occur.

Likewise, it will be your responsibility to confirm, when requested after 6 months of inactivity, that the information provided is still accurate and truthful.

An account can only correspond to one User, and is personal and non-transferable. Mi Envío does not permit or accept the shared use of Accounts, and each Account must be used exclusively by the User who holds it, regardless of the relationship that exists between the two persons. If a customer wishes to use our Services, they must create their own account with their own details.

In close relation to the above, the User's identification data are not public, and each e-mail address and password must be used by a single user and are not transferable. The use of the password obtained on the Website by the User is the sole and exclusive responsibility of the User, who is therefore obliged to use it with due confidentiality and may not transfer or disclose it to third parties. For these purposes, Mi Envío will always assume that the instructions for the execution of a Service from a specific profile correspond to a valid and legitimate Service request created by the User who holds the account, who is solely responsible for the activities and contracts carried out under his or her Account.

The User may, at any time, request the change or recovery of his/her User password through the Website. For this purpose, the User must follow the procedure for changing or recovering the User password indicated on the Website.

In the event of loss, theft or robbery of the e-mail address or user password, as well as any risk of access to it by a third party, the User shall be obliged to change it via the Website and to immediately notify Mi Envio at [email protected].

Please note that your username and password can be used on www.fonmoney.com, as well as associated mobile applications. These T&Cs will apply to your use of the Services on any of these websites.

For each transaction you submit, the Service Fee will apply in addition to the amount of the transaction. Payment is due at the time you submit your transaction. If you place a payment order as a result of which Mi Envio, Transpaygo or Fonmoney incur any charges of any kind - which may include, but are not limited to, refunds or other charges - you expressly agree to reimburse Transpaygo or any of its subsidiaries for all charges incurred by Transpaygo or any of its subsidiaries.

When you send money in accordance with these terms and conditions, it is your responsibility to ensure that all details of the transaction are accurate before sending. Please note that once a transaction has been submitted for processing, it will not be possible to change any of its details. You will therefore be given the opportunity to confirm the details of the transaction prior to submission so that you can verify the information provided carefully.

In the event that you detect an error in the transaction details, you may email us at [email protected] to attempt to cancel your transaction, with the consideration again that, if the payment order has already been processed, we cannot guarantee the cancellation and refund of the transaction.

Mi Envío, Transpaygo or Fonmoney shall not be liable for any fees or charges you may incur for the use of a particular Payment Instrument to fund a transaction. These may include, but are not limited to, unauthorised charges imposed by banks if there are insufficient funds in your bank account or "cash advance" charges and additional interest that may be imposed by credit card providers if they treat your use of the Service as a cash transaction rather than a purchase transaction.

You will only use the Service to send money to people you know personally and not to pay for goods or services. If, in breach of this clause, you choose to pay third parties for goods and services through the Website, you expressly acknowledge that Mi Envio has no control over and is not responsible for the quality, safety, legality or delivery of such goods or services and that such use of the Service is at your own risk. If Mi Envio reasonably believes that you are using the Service to purchase goods or services, we reserve the right to cancel your transaction(s).

Both you and the recipients of transactions shall act solely and exclusively on your own behalf. You may not send or receive a transaction on behalf of a third party. In the event that you wish to send or receive a transaction on behalf of a legal entity, business or any entity other than an individual, you will first inform Mi Envio of your desire to do so and provide any additional information about the entity that we may request in order to reliably identify the beneficial owner and other information necessary for us to ultimately assess whether the transaction should be approved or declined.

By using the Service, you will comply with these terms and conditions, as well as any applicable laws, rules or regulations. It is a breach of these terms and conditions to use the Service to send money (i) to a Recipient, knowing that the Sender has breached the Terms and Conditions, or (ii) in connection with illegal activity including, but not limited to, money laundering, fraud and/or the financing of terrorist organisations. If you use the Service in connection with illegal activity, Mi Envio will be obligated to inform the appropriate legal authorities.

When using our Website or the Service or interacting with Mi Envío, another User or a third party, you may not:

  • violate these Terms and Conditions, or any other agreement between You and Mi Envio;
  • open more than one account, without our prior written consent;
  • provide false, inaccurate or misleading information;
  • allow anyone else to access your registration details and use your account, keeping them secure at all times;
  • refuse to provide confirmation of any information you provide to us, including proof of funds, residency, identity, etc.;
  • refuse to cooperate with any internal investigation, e.g.: refuse to provide us with additional documentation when requested (please note that during the provision of the Service, if we require additional information or documentation from you, you are free to provide it to us or not. However, Mi Envío reserves the right to cancel and refund your transaction if you refuse to cooperate with us);
  • use an anonymous proxy (a tool that attempts to make activity untraceable); or copy or monitor our Website using any robot, spider or other automatic device or manual process, without our prior written consent;
  • breach any law, regulation or internal rules;
  • infringe any of the intellectual property rights of Mi Envío, Transpaygo or fonmoney;
  • act in a way that is unlawful, harassing or threatening;
  • sending or receiving potentially fraudulent funds, or funds derived from unlawful activities or intended to be used for the payment of unlawful activities;
  • disclose another User's information to a third party or use such information for marketing purposes;
  • provide any viruses, Trojan horses, worms or other computer programming routines that may damage, interfere with or expropriate any User's system, data or information;
  • disclose the User's password to another person or use another person's password;
  • or generally misuse our Website.

Mi Envio may, where necessary to provide the Service, store all information required from a Recipient to prove their identity or associated with their specific transaction. Such proof may include an appropriate form of valid and current identification from a list of acceptable documents provided by the service provider, and/or a transaction tracking number, a personal identification number (PIN), a "password", a "secret word", or other similar identifiers.

You agree not to use the Services or the Fonmoney portal for any illegal activity, and Mi Envío reserves the right to investigate any suspicious activity or in response to any reported complaint or violation. When investigating any such activity, Mi Envio reserves the right to report the suspected illegal activity to any appropriate person or body and provide them with any relevant information, including personal details.

The User declares that he/she is aware and accepts that he/she may not assign all or part of any of the rights or obligations arising from these T&Cs without prior written authorisation from Mi Envío; and expressly authorises Mi Envío to assign all or part of the rights or obligations arising from these terms and conditions to its parent company or any of its subsidiaries or related companies. Assignment to any third party other than those indicated above shall require the prior written authorisation of the User.

The User accepts responsibility for any damages arising from the use of the Website for purposes contrary to the law, good customs, public order and current legislation, releasing Mi Envío, its administrators, employees and representatives from any liability.

The User acknowledges and accepts that Mi Envío and/or the entities through which Mi Envío processes payment orders may require additional information about the User, the payment order or the Beneficiary of the payment order, and the User undertakes to provide this information to Mi Envío in due time and form.

7.3 Right of withdrawal, cancellation, reimbursement and claims

All Users have the right to request a refund of their payment order, which will be made to the extent that the payment order has not already been processed by us. In this regard, we will refund you any excess amount that we receive as a result of any breach of our agreement with you (this means that, for example, where a money transfer has failed or has been delayed, you are entitled to be refunded the Transaction Amount and the Service Fee).

If you contact us at www.fonmoney.com/contacts/ or [email protected], we will inform you of your rights to reimbursement or compensation.

Please note that according to the provisions of article 103 of Law 3/2014, of 27 March, which amends the revised text of the General Law for the Defence of Consumers and Users, the right of withdrawal shall not apply to contracts relating to the provision of services, once the service has been fully executed, when the execution has begun, with the prior express consent of the consumer and user and with the recognition on his part that he is aware that, once the contract has been fully executed by us, he will have lost his right of withdrawal.

In the event of any reimbursement of the amounts received by the User, such reimbursement shall be made using the same means of payment used by the User, unless otherwise stipulated. Any claim for reimbursement may only be requested by the registered User and holder of the Fonmoney Account. In the event that the User expressly indicates that he/she wishes to receive the refund in an account other than the one associated with the credit card with which he/she paid the amount of the payment order, Mi Envío will request proof of ownership of the bank account where he/she wishes to receive the money, which must in all cases coincide with the User who is the holder of the Fonmoney Account.

When you send a money transfer to a Recipient who is not registered with us, you accept the provisions of this clause not only for yourself but also on behalf of the Recipient.

You agree to cover and hold harmless Fonmoney Chile, and the Transpaygo Group generally, as well as any of its subsidiaries, affiliates, officers, directors, employees, agents, independent contractors, advertisers, partners and co-branders from any loss, damage, claim, action or demand, including reasonable legal costs, arising out of your use or misuse of this Website or Service, all activities that occur under your password or account email login, your violation of these Terms and Conditions or any other violation of the rights of another person or party.

In no event will Mi Envio S.L, or the Transpaygo Group Limited, be liable for:

  • any failure to carry out your instructions as a result of circumstances which could reasonably be considered to be beyond our control;
  • failures in communications facilities which cannot reasonably be considered to be within our control and which may affect the accuracy or timeliness of messages you send to us;
  • losses or delays in the transmission of messages arising from the use of any internet service provider or caused by any browser or other software not under our control;
  • errors in the website or the Service caused by incomplete or incorrect information provided to us by you or any third party.

Please be advised that in the event of financial difficulties, court-ordered restructuring or insolvency, Transpaygo Group holds your funds in segregated safeguard accounts. This means that, even in these circumstances, the funds will be sent to the indicated recipient or reimbursed to the user, net of fees and surcharges, as soon as possible and via the method by which payment was made, such as credit card or bank deposit.

Nothing in this clause shall (a) exclude or limit our liability for death or personal injury resulting from our negligence; or (b) exclude liability for our fraud.

8. Exchange rates and fees

8.1 Exchange rates

Mi Envío will try to offer the optimum exchange rate based on the rate it receives from its external suppliers. In addition, Mi Envío will charge a percentage of the funds transferred depending on the risk Mi Envío incurs due to the volatility of the exchange market. In times of very turbulent markets, Mi Envío reserves the right to increase the margin on the exchange rate to compensate for these additional business risks that Mi Envío may experience.

If VAT, sales tax or any other duty or tax is levied on any service performed by us through the Website or the Services, you shall pay to us, in addition to any consideration payable or to be provided by you for such supply, a Supply Amount calculated by multiplying the prevailing rate of VAT by the consideration for the relevant supply payable or to be provided (without any deduction or set-off) by you under any other provision of this Agreement.

Mi Envío will guarantee to transfer funds under these conditions within business hours, unless the transaction failed or was declined. If your transaction was made outside of business hours, the exchange rate may change when you finalise the transaction. You will be informed of any changes by email.

We reserve the right to adjust the currency spread while the markets are closed (weekends, public holidays), in order to avoid losses created by currency variations and to ensure the resulting payment to our clients.

8.2 Tariffs

Mi Envío will charge a fee for the Service. This fee for each transaction may change to adapt to market conditions, fees payable by Mi Envio to its third party providers or to the SWIFT network. Mi Envio will not change the fee once it has agreed with You to carry out the transaction.

In the event of abandonment of the Service due to the customer's failure to fulfil his obligations or responsibilities, Mi Envío reserves the right not to refund the fee charged in part or in full if the Service has been used illegally.

8.3 Additional fee

Administration charges may only apply if our settlement banks or the receiving bank reject your transaction due to incorrect payment details, their regulatory requirements or any other valid reason. Any administration charges from the settlement banks or the receiving banks will be deducted from the amount of your payment.

9. Data and security

9.1 Data collection

Customer identification programme: The European Union Directive requires all financial institutions to assist in the fight against money laundering activities and terrorist financing by obtaining, verifying and recording identifying information about all customers. Therefore, we may ask you to provide us with personally identifiable information and we may also lawfully consult other sources to obtain information about you.

Verification and checks: We will verify your residential address and personal details to confirm your identity. We may also pass your personal information to a credit reference agency, which may keep a record of that information. These actions are done only to confirm your identity, not to perform a credit check and your credit rating may be affected. All information provided by you will be treated securely and strictly in accordance with the EU General Data Protection Regulation (GDPR) 2018 as supplemented by Organic Law 3/2018 of 5 December on the Protection of Personal Data and guarantee of digital rights.

By agreeing to these Terms and Conditions you authorise us to make such enquiries as we deem necessary to validate the information you provide to us. We may do this directly, for example, by requesting additional information from you; by requesting that you take steps to confirm ownership of your Payment Instruments or email address; or by verifying your information against third party databases; or through other sources.

9.2 Privacy

We respect the privacy of all our clients' affairs and always aim to treat and use client information as confidential.

We will not treat customer information as confidential where it is already public knowledge or where it becomes public knowledge through no fault of our own.

We may disclose customer information if we are required to do so by law, by a court, by a court order, to comply with any statutory, legal or regulatory requirement on us, or by the police or any other law enforcement agency in connection with the prevention or detection of crime or to help combat fraud or money laundering. We may also report suspicious activity to appropriate law enforcement organisations or other government agencies.

We do not disclose your account details, postal or email addresses to anyone, except when legally required to do so. Sensitive information between your browser and any of the Mi Envío websites is transferred in encrypted form using Secure Socket Layer (SSL). When transmitting sensitive information, you should always ensure that your browser can validate the Mi Envío certificate.

You consent to us processing your personal information for the purpose of providing the Service, including for verification purposes as set out in this clause. You also consent to the use of such data to communicate with you and for legal, accounting and archiving purposes. By agreeing to these terms and conditions, You acknowledge that You have read and consented to the Mi Envío Data Privacy Policy.

10. Waiver and severability

No waiver by Mi Envío of any term or condition set forth in these T&Cs shall be deemed an extension of waiver of such term or condition, or a waiver of any other term or condition. Mi Envío’s failure to exercise its right or enforce provisions under these T&Cs shall not be taken as a waiver of such rights or provisions.

If a court or any other court of competent jurisdiction finds any provision of these Terms and Conditions to be void, illegal or unenforceable for any reason, such provision shall be eliminated or limited to a minimum extent so that the other provisions of the Terms and Conditions may remain in full force and effect.

11. Indivisible agreement

These Terms and Conditions constitute the sole and indivisible agreement between the User and Mi Envío with respect to the Website and supersede all contemporaneous and prior agreements, contracts, representations and warranties, whether written or oral, relating to the Website.

12. Jurisdiction

Mi Envío reserves the right to take any legal action it deems appropriate for improper use of the Website and its contents or for breach of these T&Cs.

The relationship between the User and Mi Envío shall be governed by the regulations in force and applicable in Spain. In the event of any dispute arising, the parties may submit their disputes to arbitration or go to ordinary jurisdiction in accordance with the rules on jurisdiction and competence in this regard. However, in those cases in which current legislation provides for the possibility of the parties submitting to a specific jurisdiction, Mi Envío and the User, expressly waiving any other jurisdiction to which they may be entitled, submit to the Courts and Tribunals of the city of Barcelona (Spain).

Any version of these T&Cs in languages other than English or Spanish is offered for the purpose of being more transparent with our Users and with the sole objective of reaching all the markets in which we offer services.

However, in case of discrepancy between the present language and the English and Spanish versions, the provisions contained in the latter shall prevail.