Terms and Conditions
The purchase and use of our products and services, including without limitation the Tran$card® (“Products”) and its family remittance transfer and internet based commerce services (collectively, the “Services) (collectively referred to as “Products and/or Services”) and the use of this web site or www.SendCuba.money (collectively, the “Site”) are subject to the following terms and conditions.
We thank you for your interest in the Site. Please read these terms and conditions of use (the “Terms and Conditions”) carefully before purchasing Products and/or Services and/or using the Site. By purchasing Products and/or Services and/or using the Site, you agree to comply with all of the Terms and Conditions set out below. If you do not agree to the Terms and Conditions, please do not purchase any Products and/or Services or use the Site.
These Terms and Conditions govern the purchase of all Products and/or Services, whether purchased through the use of the Site or otherwise. We reserve the right, at our sole discretion, to modify the Terms and Conditions at any time and from time to time, and such modifications shall be effective immediately upon posting of the modified Terms and Conditions on the Site. You agree to review the Terms and Conditions periodically to be aware of such modifications and your continued purchase of Products and/or Services or use of the Site shall be deemed your conclusive acceptance of the modified Terms and Conditions.
1. Rights in Site and Content
The Site and all content provided on the Site is protected by copyright, trade-mark, and other applicable intellectual property and proprietary rights laws, and is owned, controlled, and/or licensed by The Company, its affiliates, business partners or their related companies. Nothing contained on the Site should be considered as granting, by implication, estoppel, or otherwise, any license or right to use any trade-marks, logos, or other names, including, but not limited to, those identifying The Company, its affiliates, business partners or their related companies or their respective products and services displayed on the Site, without the express prior written consent of The Company or such third party that may own such trade-marks, logos and other names displayed on the Site.
2. Use of Site and Content
2.1 No information or material from the Site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way whatsoever except that you may download one copy of the materials on any single computer, for your personal, non-commercial home use only, provided you keep intact all copyright and proprietary notices. You agree that you do not acquire any ownership rights in any downloaded content. You agree to abide by all copyright notices, information and restrictions contained in any content on the Site and any content accessed through the Site. You are hereby advised that The Company will aggressively enforce its intellectual property rights to the fullest extent permitted by law.
2.2 You will use the Site and any content, material, or information found on the Site and any purchased Products and/or Services solely for lawful purposes. You shall not upload to, distribute to, or otherwise disseminate through the Site any material or information of any kind that is libelous, defamatory, obscene, pornographic, abusive, or otherwise violates any law or infringes or violates any rights of any other person or entity, or contains a solicitation of funds, advertising, or a solicitation for goods or services. You will be solely responsible for the content of any material or information that you make available through the Site including without limitation, Data (as defined in Section 4.7 below). You will also be liable for any loss or damage resulting, directly or indirectly, from your making any material or information available through the Site. Your purchase of Products and/or Services through this Site or any The Company merchant or location, unless otherwise agreed to by The Company, and the use of the Site shall be governed by the laws of Barbados, and any other laws of such jurisdiction applicable to you, as the context requires.
2.3 The Company has no obligation to, and does not and cannot review, every item of material or information that you and users other than yourself make available through the Site, and The Company is not responsible for any of this material or information. However, The Company reserves the right to monitor, delete and/or refuse to transmit, move, or edit any material or information, in whole or in part, without notice to you, which it deems in its sole discretion, unacceptable, undesirable or in violation of any law. Without limiting the generality of the foregoing, The Company reserves the right to restrict or prohibit the sending of unsolicited bulk or commercial messages or the sending of numerous copies of the same or substantially similar messages or very large messages to a recipient.
2.4 The purchase of Products and/or Services and the use of the Site is strictly subject to compliance with these Terms and Conditions. You acknowledge and agree that The Company may terminate your right to purchase or use any of the Products and/or Services or to access the Site should you fail to comply with the Terms and Conditions or any other guidelines and rules published by The Company, from time to time. The Company further reserves the right to terminate any client’s access to the Site, or to purchase any of the Products and/or Services provided by it for any conduct that The Company, in its sole discretion, believes is or may be directly or indirectly harmful to other clients, to The Company or its subsidiaries, affiliates, or business partners, or to other third parties, or for any conduct that violates any federal, provincial, local, state, or foreign laws or regulations. The Company further reserves the right to terminate any user’s access to the Site or to purchase any of the Products and/or Services in The Company’s sole discretion. Any such termination shall be in The Company’s sole discretion and will occur with notice.
3. Electronic Disclosures And Consent
As a condition of your use of the Tran$card® or any The Company® Products and/or Services, including the money remittance program you consent to: paying for any Transactions you complete on the Site or at any other location or merchant, as well as any applicable Fees and other charges; electronically signing (by use of an electronic signature that evidences your identity) required documents and agreements; and receiving all required disclosures, notices, statements and other communications from us electronically (we may, at our sole discretion, post them at the Site or e-mail or send them to you) (the “Electronic Consent”).
3.2 Categories of Communications
You understand and agree that we may provide you with disclosures, notices and statements and other communications and information regarding our Service and your Transactions (“Communications”), in electronic form, including but not limited to the following categories of communications:
iii. Any notice or disclosure regarding fees or charges, including without limitation, any Fee(s) imposed for Transactions.
vii. Any other legally required statements, including without limitation, Transfer Receipts.
viii. Any other communication related to the Products and/or Services.
Although we reserve the right to provide communications in paper format at any time, you agree that we are under no obligation to do so, except as otherwise set forth in this agreement. All communications in either electronic or paper format will be considered to be “in writing.”
3.3 Retaining Copies For Your Records
You should print a paper copy of any electronic communication that is important to you and retain the copy for your records. If you do not wish to receive this Electronic Consent or the communications electronically, you may not use our Products and/or Services.
3.4 Electronic Signatures
You understand and agree that we may electronically provide you with documents and agreements for your electronic signature.
3.5 How To Withdraw Consent
Your Electronic Consent shall remain in full force and effect unless you provide written notice of your withdrawal of this Electronic Consent to us c/o our transaction processing office at 2820 14th Avenue, Suite 200, Markham ON Canada, L3R 0S9 Attn: Customer Service. Your withdrawal will only become effective after we have received such written notice and have had a reasonable amount of time to process it.
We do not currently impose a fee to withdraw your Electronic Consent, but we retain the right to charge fees for withdrawal at a later date if we provide you with a notice of such a change-in-terms, either through an e-mail to you or by posting such a change-in-terms on the Site.
If you choose not to agree to this Electronic Consent, or withdraw your Electronic Consent, you cannot use our Products or Services. Your withdrawal of this Electronic Consent will cancel your agreement to use electronic records and electronic signatures, and therefore, your ability to use our Products or Services.
3.6 How To Update Your Records
You agree to promptly update your records if your e-mail address or other information that we need to contact you electronically or verify the information maintained in our Profile of you should change. Any change made in your profile after registering and conducting first transaction is subject to further verifications.
If you do not promptly update your contact information in your Profile, you understand and agree that any communications shall nevertheless be deemed to have been provided to you if they (a) were emailed to the e-mail address in your Profile records or (b) made available electronically at the Site as provided in this Electronic Consent.
3.7 Delivery Of Electronic Communications
Communications may be posted on the Site and/or delivered to the e-mail address or physical municipal address you provide. If we post a Communication only at the Site, we will inform you of its availability at the Site via an email sent directly to you. In such instances, we will leave such communication posted at the Site for at least 60 days from the date it first becomes available or from the date the e-mail notice was sent alerting you of the communication, whichever is later. You agree that these are reasonable procedures for sending and receiving electronic communications.
3.8 Hardware And Software Requirements
You must be able to access and retain communications and use our Products and/or Services. If your are encountering problems, it is up to you to advise us c/o 2820 14th Avenue, Suite 200, Markham ON Canada, L3R 0S9.
3.9 Obtaining Paper Copies
You may obtain a paper copy of any legally-required communications and/or agreement that you will be required to sign in for up to 24 months after such communication or agreement has been provided or made available to you electronically. You may request such a paper copy by sending a detailed written request at The Company, 2820 14th Avenue, Suite 200, Markham ON Canada, M6E 1B9 Attn: Customer Service. We reserve the right to charge fees for paper copies.
4.1 Any person, agent or merchant (each a “Purchaser”) wishing to purchase a money transfer services shall, in addition to such other terms herein, be bound by the specific terms of the Money Transfer Terms set forth in section 5 below. For the purposes of a money transfer service, Terms and Conditions shall specifically include the Money Transfer Terms below. Any Purchaser may purchase Products and/or Services from The Company or its authorized merchants or representatives to be used in accordance with the use materials provided with the Products and/or Services, these Terms and Conditions as amended from time to time, and all applicable laws.
4.2 The principal amount of money to be applied to the purchase of Products and/or Services (the “Purchase Funds”) will normally be credited to the card Product or Services by tracking such purchases with an associated stored value purchase account maintained by The Company in its database (for the purposes of these Terms and Conditions, a “The Company Account”).
4.3 Unless otherwise agreed, or noted in these Terms and Conditions, Products and/or Services Purchase Funds may be in U.S. Dollars and Canadian Dollars as applicable. Transfer Products and/or Services will be paid out to receiving beneficiaries in Cuban Convertible Pesos.
4.4 Purchase Funds are available for use promptly after validation of Data for the Purchaser which may take up to 4 business days on certain transactions. Purchase Funds are to be designated and used only for the purchase of Products and/or Services. The Company Accounts associated with Products and Services are not bank accounts, savings accounts or chequing accounts. The Company is not a bank or financial institution. The Company is not obligated to, nor does it pay any interest on Purchase Funds in its possession. The Company reserves the right to limit the Purchase Funds to be used by a Purchaser in amounts, in its discretion, or to reject a proposed sale of Products and/or Services, in its sole discretion. Purchasers of Products and Services acknowledge and agree that Tran$card Card product is accepted only in certain jurisdictions.
4.5 The Company facilitates the delivery of family remittances through a Tran$card card for the Republic of Cuba (each a Card). The Card balance is paid in Canadian Dollars or US Dollars as the case may be, For a transaction to a beneficiary located in Cuba, when the beneficiary uses the Card to get their money or use the Card for point of sale purchases, these transactions involve a simultaneous demand against the Canadian Dollars, Euros or US Dollars balances and paid in local currency, the Cuban Convertible Peso (CUC).
4.6 A requested transaction through the Site constitutes a simultaneous request to debit the The Company Account the total of A. the Transfer Amounts; B. all Fees associated or related to the Transaction; and C. any and all administration fees, charges or costs as applicable from time to time. They also should permit us at any time to debit the The Company Account for any Transfer Amount paid out in a Recipient Jurisdiction where required by government authority.
4.7 Each Purchaser of Products and/or Services to be used in or for contact with persons in Cuba specifically covenants and agrees that the United States of America has passed specific legislation enforced by the Treasury Department (Office of Foreign Assets Control or “OFAC”) which specifically governs the transfer of money and travel to Cuba by persons subject to the laws of the United States of America (a “US Purchaser”). If you are a US Purchaser in the USA, Products and Services must be purchased in the USA from an OFAC licensed remittance forwarder.
4.8 The Company will require Purchasers to register and provide certain data about themselves. In registering and providing such data, each Purchaser represents and warrants that:
(a) the information about the Purchaser is true, accurate, current, and complete as required by various The Company registration forms (“Registration Data”); (b) each Purchaser will maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or The Company or governmental authorities having jurisdiction have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, The Company has the right to suspend or terminate the Purchaser’s The Company Account and respective Product or Service purchased and refuse any and all current or future purchases or use of the Products and Services.
4.9 Purchaser agrees that Products and/or Services shall only be sold and delivered by The Company and its business partners to a Purchaser for the benefit of the Purchaser and the receiving beneficiary specified and set forth in the transactional data (“Transaction Data”) obtained by The Company from the Purchaser. Transaction Data shall include without limitation the name and address of the receiving beneficiary, the receiving jurisdiction, and in the context of a transfer, the amount and currency of the transfer of applicable Purchase Funds. Business or payout/distribution partners or locations in the receiving jurisdiction shall not provide and deliver transfer funds to a receiving beneficiary without presentation of documentation or evidence satisfactory to the business or payout/distribution partners or locations to identify the receiving beneficiary as the person referenced in the Transaction Data. Further, The Company and its business or payout/distribution partners or locations shall not sell any Product or Service or complete any requested transaction unless and until they can satisfy and discharge The Company’s anti-money laundering policies (“AML Policy”) and such others of its partners in effect from time to time. None of The Company, nor any affiliate, agent, merchant or business or payout/distribution partner or location will be required to complete any requested transaction if it suspects, knows or believes the transaction may or is part of a money laundering scheme or is a suspicious transaction. In such instance, the subject transaction will be reported to governmental authorities having jurisdiction in accordance with applicable laws.
4.10 Upon registering with The Company and being issued a stored value Product, and each Purchaser will receive a confidential personal identification number (“PIN”). You are responsible for maintaining the confidentiality of the PIN, and are fully responsible for all activities that occur under your PIN. You agree to immediately notify The Company of any unauthorized use of your PIN or account or any other breach of security. The The Company cannot and will not be liable for any loss or damage arising from your failure to comply with this requirement.
4.11 In consideration for the sale of the Products and Services to you, you agree to pay to The Company (or to its authorized merchant/agent, as the context requires) a fee for each Product and/or Services purchased by you at the applicable fee rate then in effect (the “Product and Service Fee”) together with any additional service or exchange rate fees, or applicable to such purchase of Products and/or Services, levies or charges (collectively “Additional Fees”) levied by The Company or its authorized merchants or representatives from time to time (collectively, Product and Service Fee and Additional Fees referred to as “Fees”). The Fees applicable for your purchase transaction will be provided to you prior to final authorization and activation of the Product and/or Services selected.
4.12 No Tran$Card® Card and/or Products and/or Services shall be sold or provided by The Company to any Purchaser until such time as The Company is in receipt of the Purchase Funds, Registration Data, Transaction Data, and all other necessary information to complete any requested purchase of a Product and/or Service as determined by The Company (collectively, “Data”), the Purchase Funds and all applicable Fees. Purchasers acknowledge that Data shall include without limitation, all information requested by The Company to verify your identity prior to The Company completing any transaction. All information provided and The Company’s use of such information is strictly governed by The Company’s Privacy Statement and these Terms and Conditions, but may, if requested by applicable governmental authorities, be made available to such governmental authorities having jurisdiction.
4.13 Subject to the terms of section 5 below, refunds of any Purchase Funds and a cancellation of a requested purchase of a Product and/or Service must be made in writing by the Purchaser to The Company only if the Product and/or Services has not yet been provided by The Company at the time the request is processed by The Company (a “Cancelled Transaction”). Subject to applicable laws, all Fees payable with respect to a Cancelled Transaction are not refundable, and are deemed to be earned in full by The Company. All Purchase Funds will be refundable upon written request of the Purchaser only if the Product and/or Service has not processed by The Company within twenty (20) Business Days from the time that: (i) The Company agrees to provide the Product or Service as requested by the Purchaser in writing or electronically; and (ii) is in receipt of the Purchase Funds and all Fees; and (iii) is in receipt of any and all required Data, save that if a transfer Service is purchased and cannot be completed as a result of applicable laws, the status of the Internet or circumstances in the receiving jurisdiction, the Purchase Funds will be transferred on a best efforts, as soon as is possible basis. Refunds will be made within thirty (30) days of receipt of a valid written request from the Purchaser. For the purposes of these Terms and Conditions, “Business Day” means any day other than a Saturday, Sunday or day in which banks are not opened for business in St. Michael’s Barbados and the applicable receiving jurisdiction.
4.14 The Company’s AML Policy contains, amongst other things, a “know your customer” (“KYC”) policy with certain requirements and guidelines which Purchasers, Site users and other The Company customers must comply with respect to any request to purchase Products and/or Services. Compliance with the AML Policy requirements is not optional. The purpose of the AML Policy is to detect and report money laundering attempts to the appropriate governmental authorities. Under the The Company AML Policy: Electronic transactions will be logged into an information database and compared against pre-established profiles. As such, every transaction will be monitored; All Purchasers, and remittance activity will require identification (such as a copy of a valid driver license with a photograph) and/or passport and profile information; All documents will be photocopied and held on file; Anyone who will not provide identification or profile information will not be allowed access to The Company Products and Services, and preferably, all customers should have an “established” transaction history and relationship with The Company or its merchant; Pre-defined limits will be placed on the Purchase Funds associated with Tran$card® Cards and/or Services provided. As a result of such policy, The Company must be able to determine the source of funds, destination, and patterns and classify them according to pre-determined “profiles,” and monitor their electronic remittance activity to detect deviations or suspicious activities.
4.15 In addition to Fees, where Purchase Funds associated with a Tran$card® Card are not used by or refunded to the Purchaser within one (1) year of the date it was activated, there will be a non-refundable administration charge where permitted by applicable law. The administration charge will be deducted from the Purchase Funds monthly. A minimum administration charge is fifty (50) cents ($USD equivalent) per month from the date the and/or Tran$card® Card was purchased, but not more than twenty ($USD20.00 equivalent) Dollars per annum.
5. Money Transfer Terms
The following terms and conditions apply specifically to use of the Tran$card® or any The Company money remittance program (“Money Transfer Services”), and are in addition to the remaining Terms and Conditions set out herein:
5.1 Before you initiate any Transaction using our Services through this Site, you agree that:
(i) your computer system meets the minimum hardware and software requirements set forth above and you can read and print any communications that we make available to you electronically;
(ii) you are affirmatively agreeing to this Electronic Consent and receiving communications electronically;
(iii) you pay for the Transactions you initiate through the Site from your The Company Account and applicable Service Fees;
(iv) you consent to using an electronic signature on required documents and agreements including any agreements that you will be required to sign in order to conduct transactions;
(vi) your consent reasonably demonstrates that you can access information electronically, you are able to use an electronic signature, and any electronic signature that you provide on any agreements that you will be required to sign in order to authorize transactions shall be valid and binding.
5.2. Acceptance of Terms
These terms of service set forth the terms and conditions governing your use of the The Company Money Transfer Services. You are bound by this agreement. Please read this carefully. By accepting this agreement, you agree that you have read and understood this agreement and that you will be bound by and comply with all of its terms.
As you read this agreement please keep in mind that the following terms, when capitalized, will have the following meanings:
“Profile” is the informational record that will be maintained by The Company based upon the information supplied by a Sender.
“Recipient Country” is the country where the Receiver receives the Receive Amount.
“Receipt” is the form containing information regarding to your Transfer that should be printed by you.
“Receive Amount” is the amount of money that is paid to the Recipient.
“Recipient” is a person/beneficiary who receives money from a sender as the result of a transaction using a The Company Money Transfer Service. The recipient is not a party to this agreement.
“Reference Number” is the unique number that The Company issues to a Sender to give to the Receiver in order to Receiver proves his or her authority to receive the Receive Amount.
“Sender” is a person who sends money to recipients using The Company Products and/or Services. Sender will refer to you if you purchase either Service. A Sender is bound by the terms of this agreement.
“Transaction” or “Transfer” refers to a money transfer transaction.
“Transfer Amount” is the amount sent by the Sender to recipients, excluding all Fees.
“User ID” is the code that links to the Sender’s Profile for identification purposes and is also referred to as the The Company Remittances ID or PIN.
5.4 Signing Up to Use the Products and/or Services on this Site
In order to use our Money Transfer Products and/or Services through the Site,
(i) you must be a registered Tran$card® user, with a validated Profile,
(ii) you must be at least 18 years of age. You cannot send a Transfer on behalf of a third party.
Other restrictions may apply.
5.5 Registering to use our Site Products and/or Services
You must register and be accepted by The Company as a Tran$card® customer. Click here to complete an application to be come a Tran$card® customer. [http://www.sendmoney.cuba/????? ]
5.6 Verification of Information
In an effort to combat money laundering activities and the funding of terrorism, Barbados and Canadian laws require that a money transmitting company such as The Company obtain, verify, and record information that identifies each person who registers at its Site and initiates a Transfer through its Service(s). As part of the Tran$card® registration process, we will ask for personally identifiable information about you, such as your name, address, date of birth, etc. that will help us to identify you. We may also request other identifying documents or information. If you refuse or fail to provide the requested information, we may decline process transactions for you or provide the Service(s) to you, or may discontinue providing such Service(s) to you at any time, in our sole discretion.
Until your registration and verification process is successfully completed and first transaction conducted and verified, we will not deliver any Purchase Funds to final recipients. Once you have completed the registration procedures, your use of our Products and Services may be subject to certain restrictions. The restrictions will remain in effect until any verification of your address, identity and other procedures have been successfully completed. Such verification may include receiving copy of official identity document where personal, photo, name, address and signature appear. Additional verifications may require your mail address be published in local white paper directories. Once your address and identity have been successfully verified or authenticated by us, you may make use of the Products and Services subject to the terms and conditions of this agreement.
5.7 Using the Products and/or Services – Business Days
The Company business days are Monday through Friday, excluding banking holidays in Barbados, Canada or any Recipient Country.
5.8 Paying for the Products and/or Services
Prior to conducting any transaction, you can determine all applicable fees, by using the remittance calculator on the site. The fees and charges will be reflected on your Tran$card® account.
In addition to any applicable fee, and charges applicable to any transaction, a currency exchange rate and other charges may be applied at your financial institution. The Company is not responsible for such additional charges or fees. There could be also differences in exchange rates applied at The Company and when your money transfer is sent at your bank.
If a Transaction is subject to an “Estimated Exchange Rate,” the rate of exchange for the Transaction will be set at the time the Sender conducts a Transaction. The actual exchange rate that will be applied may be affected by political, economic and other conditions in the Recipient Country. The currency exchange rate may vary based upon the location selected by Sender to send a Transfer Amount. The actual exchange rate that will be applied to your Transaction may materially vary from the “Estimated Exchange Rate.”
5.9 Receiving a Money Remittance
Usually within 4 business days after a Transaction can be verified and approved, recipients can collect the money at destinations. The Sender can call 416-840-1466 or email us at email@example.com for tracking the Transaction. A Recipient’s ability to collect any money transaction may be restricted until any verification of Sender identity required by The Company or its partners has been successfully completed. Due to circumstances beyond the control of The Company or its partners such as exchange control regulations of the Recipient Country, Transactions to certain destinations may be subject to delay or to restrictions imposed under the laws of the Receiving Country or any financial institution involved in the processing of such Transaction request. Please note that holiday observance in the Recipient Country may affect a Recipient’s ability to collect money Transactions.
5.10 Pay-out Information
The Company transactions will be paid out depositing in Recipient’s The Company card, bank accounts or money order, via authorized financial institutions at the Recipient Country.
5.11 Receiver Identification
The Sender is solely responsible for ensuring that the identifying information about the Recipient is accurate and verifiable. The Company only deliver money transactions via authorized and licensed institutions in a Recipient Country.
5.12 Recipient Country
The Recipient can receive a money transaction in the country specified by Sender.
5.13 Cancelling Payments
To cancel a Transfer, you can contact customer Service at 416-840-1466 or email us at firstname.lastname@example.org. You cannot cancel a Transfer or receive a refund after the transfer has been posted to the payout location or beneficiary The Company Account.
The Company or its partners will not be responsible or liable in any manner for your or any other person failure for any reason, to cancel a Transaction. Except as otherwise set forth in this agreement, if you ask us to terminate a money transfer or your service, will remain liable for previously authorized Transactions. Only Under certain circumstances you may be eligible for a refund. Prior to processing any request for a refund you must, in a timely manner, supply the following information:
iii. Provide the amount of the refund you are requesting.
The Company will use reasonable efforts to determine whether you are entitled to a refund and, if applicable effect a refund, within thirty (30) days after it receives from you a valid written request (including by email) or such shorter period as may be required by law. If The Company determines that funds have not been delivered due solely to The Company’s fault, the Transaction Amount will be refunded.
If The Company determines that you are entitled to a refund for any other reason, the Transaction Amount will be refunded, less all applicable refund fees charged to you.
You will receive notification if The Company determines that you are not entitled to a refund. For more information, please contact customer Service through the Site.
5.14 Handling Disputes with a Receiver.
A money transaction cannot be reversed or canceled after the Receive Amount has been disbursed. If The Company receives complaints about you or a Recipient to whom you have sent funds, your account may be closed, among other things, as provided below. To the extent allowed by law, you agree that neither The Company nor any The Company partner or service provider will be responsible or liable in any manner for any claims that you may have, or any claims made against you by any person, arising out of any dispute between you and a your Recipients.
5.15 Records of Transactions
Records of all Transactions involving your The Company Account will be posted and updated on the Site on a continuing basis. You may access these records at any time by clicking on the appropriate history transactions page of your account and providing the required information to access such pages.
5.16 Your Other Financial Obligations
The Company also has the right to collect from you and your The Company Account the amount of any uncollected or reversed Transfer, plus any fee assessed and collection expenses, court costs and attorney’s fees. You agree to hold The Company harmless from any losses, costs, expenses or damages it may incur in connection with collecting for any Transfer or in defending any of the foregoing actions, including court costs and attorney’s fees. You may be reported to a collection agency or bank institutions if you do not pay for any Transaction or Fees you have authorized in accordance with this agreement. You agree to pay amounts owing to The Company described in this section.
5.17 Your Obligation to Provide Complete and Accurate Information
You represent and warrant that all Data you provide to The Company, including but not limited to the Registration Data and all Data entered in connection with any Transaction, will be complete and accurate in all respects. The Company is entitled to rely on any information you provide and you agree to update your information if it changes. The Company also reserves the right to take steps to verify the information you provide, although it is not required to do so. You authorize The Company to obtain consumer reports on you to evaluate your application or Transaction request for monitoring or collection purposes, or for any other lawful purpose. If The Company is unable to verify the information you provide, your account may be rejected or closed. IF YOU PROVIDE FALSE INFORMATION, YOUR PROFILE MAY BE TERMINATED AND ANY PENDING TRANSACTION MAY BE CANCELLED. IN ADDITION, YOU MAY BE SUBJECT TO CIVIL AND CRIMINAL PENALTIES.
5.18 Your Representations
You represent and warrant in connection with any Transaction that: (a) the Transfer information, including information about the Recipients is accurate and correct; (b) your have sufficient funds to pay the Transaction; (c) the Transaction is lawful; and (d) the Transaction complies with the terms of this agreement.
5.19 Password Protection
You must use your User I.D or PIN and/or Password to initiate a Transaction. You agree that your Password has the same effect as your written signature and can be used to authorize transactions. You agree not to divulge your Password to any other person, and you agree not to use another person’s User ID or Password. If, notwithstanding the foregoing prohibition, you give your Password to another person, you will be deemed to have authorized such person to use that Password for any and all purposes, without limitation. You agree to assume the entire responsibility at all times for the supervision, management, control and confidentiality of your Password. You agree that, to the extent permitted by law, you will assume the entire risk for fraudulent or unintentional use of your Password and that neither The Company nor any partner or service provider related shall have any responsibility or liability to you or any other person for any losses or damages which you or anyone else may suffer if you disclose your Password to any other person, including any losses or damages arising out of the disclosure of your Password by the recipient to another person.
5.20 Your Liability
You agree to review and verify regularly and promptly your account with us. Contact us AT ONCE at 416 840 1466 or email us through email@example.com if you believe your Password has been lost or stolen. Telephoning is the best way of minimizing your potential losses.
If you do notify us within 2 business days after you learn of the loss or theft of your Password and we can prove that with such notice we could have stopped someone from using your Password without your permission or initiating additional money transmissions through our Site, we can stop immediately all transactions conducted from your account.
When you notify us, you should:
iii. disclose the money amount of the suspected error.
If you notify us by telephone, we may require that you send us your complaint or question in writing within 4 business days. We will tell you the results of our investigation within 10 business days after you notify us and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. We will advise you of the results within three business days after we finish our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.
The Company may, without notice (except as required by law) and without liability to you refuse to honor any instruction for a Transfer or terminate or suspend your access to the Products and Services at any time and for any reason, including without limitation, if: (a) you attempt to transfer funds from an account that does not belong to you or from any other account which the our risk management system identify as not secure of fraudulent; (b) your financial institution attempts to charge back or reverse a Transaction entered into using a Service on the basis of a dispute related to a Transaction; (c) you use a Service, directly or indirectly, for any unlawful or improper purpose; (d) you provide incorrect or false information about yourself or about a Recipient; (e) you attempt to tamper, hack, modify or otherwise corrupt the security or functionality of the Services or any Site; (f) The Company receives conflicting claims regarding ownership of, or the right to withdraw funds from your account with us; (g) you have breached a term or condition of this agreement, or any representation or warranty that you make under this agreement is false; (h) The Company determines that your account is inactive; or (i) The Company believes that any Transaction you initiated may be fraudulent or impermissible, violate applicable law, rule or regulation or otherwise expose you or The Company to risk of loss. To close your account with The Company, contact customer Service through the Site. If The Company closes your Profile for any reason The Company may, in its sole discretion, cancel your pending Transactions.
5.22 System Malfunctions
Neither The Company, its partners or service provider shall be liable for any loss or damage resulting from a cause outside its direct control, including the failure of electronic or mechanical equipment or communication lines, telephone or other interconnection problems, computer viruses, “hacking,” unauthorized access, theft, operator error, severe weather, hurricanes, earthquakes, natural disasters, strikes or other labor problems, wars, acts of terrorism, or government restrictions, or for any information lost due to malfunction or loss of any e-mail systems.
5.23 Use of Information and Disclosure to Others
6.1 The information contained on the Site is for informational purposes only and it is not intended to meet any particular Purchaser’s or user’s need. Documents provided on the Site are provided as a service only, and do not constitute official versions of such documents. The Site, and all content, material, information or postings found on or accessed through the Site and the Products and/or Services, are provided on an “as is” basis. The Company, its affiliates and related companies, and each of their respective directors, officers, employees, consultants, shareholders and agents expressly disclaim any and all representations, warranties and conditions, express and implied, including, without limitation, any and all representations and warranties of title and non-infringement, and all implied warranties and conditions of merchantable quality, fitness for any particular purpose, suitability for any particular purpose, compliance of any Products and/or Services with laws applicable to such Purchaser or that the purchase and/or use of the Products and/or Services complies with laws applicable to the Purchaser (such as a US Purchaser), and any representations, warranties or conditions arising from any course of dealing or usage of trade, with respect to the Site or the content contained in or accessed through the Site or the use of the Products and/or Services by a Purchaser. Neither The Company nor its affiliates and related companies, and each of their respective directors, officers, employees, consultants, shareholders and agents makes any representations or warranties as to the accuracy, timeliness, reliability, truthfulness or completeness of the Site or the content contained in or accessed through the Site, including, but not limited to, the contents of any content, information, material, or posting found on the Site (including, but not limited to, any press releases or financial information), provided through the Site (or otherwise), or any links to other sites made available on the Site or the content contained on such site(s), or as to the continuous or error free use and operation of the Internet or the Site. Neither The Company nor its affiliates and related companies, and each of their respective directors, officers, employees, consultants, shareholders or agents makes any representations or warranties that the Site or access to and use of the Site will be uninterrupted, error free, or free from defects, viruses or other harmful components. You expressly agree that use of the Site is at your sole risk.
6.2 Information provided on the Site may contain references or cross references to The Company, its affiliates and related companies’ Products and/or Services that are not available in your local area and The Company, its affiliates and related companies makes no representations or warranties as to the availability of such Products and/or Services in your local area and such references do not imply that The Company, its affiliates and related companies intend to provide such Products and/or Services in your local area. The Company recommends that you consult with your nearest The Company business office or authorized merchant or agent for information regarding the Products and/or Services which may be available to you in your local area. Web sites accessed via links or other means from the Site have, unless otherwise indicated, been independently developed by third parties. The inclusion of any information, material, content or links on the Site should not be construed as an express or an implied endorsement by The Company of any third party products or services.
6.3 UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION AND FUNDAMENTAL BREACH SHALL The Company OR ITS AFFILIATES AND RELATED COMPANIES, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, SHAREHOLDERS AND AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY LOSS THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, ANY CONTENT, INFORMATION, MATERIAL, OR POSTINGS ON THE SITE, DIRECTLY OR INDIRECTLY, OR THE TRANSMISSION OF CONFIDENTIAL OR SENSITIVE INFORMATION OVER THE INTERNET OR THE PURCHASE AND/OR USE OF PRODUCTS AND/OR SERVICES SOLD AND PROVIDED BY The Company TO PURCHASER. THESE LIMITATIONS APPLY REGARDLESS OF WHETHER THE PARTY LIABLE OR ALLEGEDLY LIABLE WAS ADVISED, HAD OTHER REASON TO KNOW, OR IN FACT KNEW OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER The Company NOR ITS AFFILIATES AND RELATED COMPANIES, NOR EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, SHAREHOLDERS AND AGENTS SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER, OR ANY BREACH OF THESE TERMS AND CONDITIONS BY ANY PURCHASER.
The Site, the trade mark “Tran$card” and certain related trademarks, trade names, slogans, logos, designs, and domain names are the property of The Company. It is the policy of the The Company to respond expeditiously to claims of intellectual property infringement. The Company will promptly process and investigate notices of alleged infringement and will take appropriate actions in accordance with applicable intellectual property laws.
To the maximum extent permitted by applicable law, you will defend, indemnify and hold harmless The Company, its affiliates and related companies, and each of their respective directors, officers, employees, consultants, shareholders and agents from and against all claims, liability, and expenses, including all legal fees and costs, arising out of:
(i) your breach of any provision of the Terms and Conditions or applicable laws; or
(ii) your purchase and/or use of Products and/or Services; or
(iii) your use of the Site, the content contained in the Site and the placement or transmission of any information or other materials on the Site made by you or others using your PIN or Products and/or Services purchased from The Company. You agree to promptly notify The Company immediately after you become aware of any unauthorized use of your PIN or Products and/or Services purchased from The Company and to take such reasonable steps as are necessary to prevent any reoccurrence of such event. The Company reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You will co-operate as fully as reasonably required in the defense of any claim.
If you are dissatisfied with the Products and/or Services or with the Terms and Conditions, your sole and exclusive remedy is to a refund of such remaining Purchase Funds available, in accordance with the provisions of these Terms and Conditions, or to discontinue using the Site, as the context requires. In such an event, you agree to destroy all materials obtained by you on the Site and any and all other site(s) and all copies thereof. The Terms and Conditions shall survive any such termination.
Any disputes arising hereunder shall be governed exclusively by the laws of Barbados, without giving effect to their conflict of laws principles. You expressly consent to the exclusive forum, jurisdiction, and venue of the courts of the Barbados, or any other judicial district or jurisdiction as The Company may determine in any and all actions, disputes, or controversies relating hereto. The Terms and Conditions and any rules, policies, guidelines or other agreements posted on the Site by The Company constitute the entire agreement between The Company and you with respect to your use of the Site. Notwithstanding the foregoing, the purchase and use of Products and/or Services by a Purchaser shall be subject to all terms and conditions set out in these Terms and Conditions posted on the Site, and all other terms and conditions delivered to you (in any manner or form) in connection with any Products and/or Services purchased. No waiver by either The Company or you of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provisions contained herein shall be determined to be void, invalid, or otherwise enforceable by a court of competent jurisdiction, such termination shall not affect the remaining provisions contained herein.
You expressly acknowledge and agree that The Company may preserve all information received by it from each Purchaser, user or visitor to the Site, including Data (collectively the “Site Information”) and may also disclose Site Information if required to do so by law or if such disclosure is necessary acting commercially reasonably to:
(a) comply with applicable laws;
(b) enforce the Terms and Conditions; or
(c) protect the rights, interests, property, or safety of The Company, its clients and the public. You acknowledge and agree that the processing and transmission of the Products and/or Services involves transmissions over various networks not owned or controlled by The Company. You further acknowledge and agree that other data collected and maintained by The Company with regard to its clients, Purchasers or users may be disclosed in accordance with these Terms and Conditions and The Company’s Privacy Statement.
You may not assign this agreement to any other party. The Company may assign this agreement or delegate certain of its rights and responsibilities under this agreement to third parties without notice to you.
10.4 No Waiver
The Company shall not be deemed to have waived any of its rights or remedies under this agreement unless such waiver is in writing and is signed by the party alleged to have waived. The delay or failure of The Company to exercise or enforce any right or remedy in connection with this agreement shall not constitute a waiver of such right or remedy or any other rights or remedies. A waiver on any occasion shall not be construed as a bar or waiver of any rights or remedies on any other occasion.
10.5 CHANGE IN TERMS NOTICE
WE MAY CHANGE THE TERMS AND CONDITIONS OF THIS AGREEMENT FROM TIME TO TIME, AT OUR SOLE DISCRETION, BY (A) IF REQUIRED BY LAW, SENDING A NOTICE OF SUCH CHANGE OR A COPY OF THE AMENDED AGREEMENT TO YOUR LAST ADDRESS OR E-MAIL ADDRESS SHOWN IN OUR RECORDS OR (B) IF REQUIRED BY LAW, POSTING A NOTICE AT THE SITE. PRIOR NOTICE MAY NOT BE GIVEN, HOWEVER, WHERE AN IMMEDIATE CHANGE IS NECESSARY FOR SECURITY PURPOSES. BY CONTINUING TO USE THE SERVICE(S) AFTER ANY SUCH CHANGE, YOU AGREE TO BE BOUND BY THE CHANGED TERMS AND CONDITIONS OF THIS AGREEMENT AS OF THE EFFECTIVE DATE OF SUCH CHANGES.
10.6 The parties have required that the Terms and Conditions and all documents relating thereto be drawn up in English.