Introduction

Welcome to Linkqit (the ‘Site’), which is owned and operated by Linkqit Payments Inc. “Linkqit”, a Canadian corporation (together with all subsidiaries thereof, the “Company”, “we”, “us”, “Linkqit”, interchangeably). Please be aware that the Service may be provided by any of Linkqit’s affiliated (defined below) companies depending on your location. Linkqit is not a financial institution, we provide the Services through our partner who is a licensed and registered “financial institution”.

By visiting our website and accessing the information, resources, services, products, and tools we provide, you understand and agree to accept and adhere to the following terms and conditions as stated in these Terms of Service (hereafter referred to as ‘User Agreement’), along with the terms and conditions as stated in our Privacy Policy (as defined below).

All visitors (“Site Visitors”) to the Company’s website located at https://www.linkqit.com / (the “Website”);

Anyone who downloads or uses (“Application Users”) the Company’s mobile application (the “Application”)

Anyone who enrols for the Services of the Company (“Clients”)

Site Visitors, Application Users, and Clients are referred to collectively as “Users” or “you” “your”. The Website and the Application together with the Services (as defined below) and all content contained therein are referred to collectively as the “Resources” as further described in this User Agreement.

We reserve the right to change this User Agreement from time to time without notice by posting an updated copy of this User Agreement to the Site. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. Your continued use of this Site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.

1. Responsible Use and Conduct

(a) Resources:

By visiting our Website and accessing the information, resources, Services (as defined below), Application, products, and tools we provide for you, either directly or indirectly (hereafter referred to as “Resources”), you agree to use these Resources only for the purposes intended as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations and generally accepted online practices or guidelines.

(b) Prohibited Usage: Wherein, you understand that:

In order to access our Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process (the ‘Registration Information’), or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date.

You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your account/s.

Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means.

Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited.

Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.

You are solely responsible for any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability

We may provide various open communication tools on our website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our website, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:

Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;

Infringes on any trademark, patent, trade secret, copyright, or other proprietary rights of any party;

Contains any type of unauthorised or unsolicited advertising;

Impersonates any person or entity, including any Company employees or representatives.

We have the right at our sole discretion to remove any content that we feel in our judgment does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any third-party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.

(c) Eligibility:

This is a contract between you and the Company. You must read and agree to these terms before using the Company’s Services. If you do not agree, you may not use the Service or any of the Resources. You may use the Service only if you can form a binding contract with the Company, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. You are responsible for the acts of others utilizing your access to the Resources and will be held responsible for violations of the Service by persons who gain access to the Resources using your account or shared access. Any use or access to the Resources by anyone under the Minimum Age is strictly prohibited and in violation of this Agreement. The Resources are not available to any Users previously removed from the Service by the Company.

“Minimum Age” means the greater of (i) 13 years old or (ii) the age required by applicable law, if such law requires that you must be older in order for us to lawfully provide the Services to you without parental consent (including using of your personal data).

(d) Accountholder Responsibilities:

You agree to:

use a strong password and keep it confidential and

not transfer any part of your Account

You are responsible for anything that happens through your Account unless you close it or report misuse. As between you and others (including your employer), your Account belongs to you. However, if the Services were purchased by another party for you to use, the party paying for such Service has the right to control access to and get reports, as applicable, on your use of such paid Service; however, they do not have rights to your personal Account.

You will not use the Resources to create a product or service with features that are substantially similar to or that re-create the features of another Company product or service.

2. Services and Payments

(a) Limited License:

Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, non-sublicensable, freely revocable license to use the Resources for your personal, noncommercial use only and as permitted by the features of the Service. The Company reserves all rights not expressly granted herein in the Resources and the Company Content (as defined below). The Company may terminate this license at any time for any reason or no reason.

(b) Type of Service, Eligibility and Account Access:

Your will have only one Account where your Available Balance is located.

Your Remittance Services may not be activated unless we have been provided with the required information so that we may identify you and can comply with all applicable Customer Due Diligence requirements. We shall keep records of such information and documents in accordance with all applicable legal and regulatory requirements.

Reference to a currency (e.g. Euros € or Sterling £) shall mean that amount or the local currency equivalent in which your Account is denominated.

Any Transaction on your Account in a currency other than the currency in which your Account is denominated, will require a currency conversion using an Applicable Exchange Rate.

The Available Balance on your Account will not earn any interest.

The Remittance Services are not a credit or bank product, you must therefore ensure that you have a sufficient Available Balance from time to time to pay for your Transactions and applicable Fees as set forth on the Fee Schedule. If for any reason a Transaction is processed, and the Transaction amount exceeds the Available Balance, you must repay us the amount of such excess immediately and we shall be entitled to stop any existing or subsequent Transactions from proceeding.

This Agreement does not give you any rights against the Account Schemes, its affiliates or any third party.

In the event we make a Transaction and credit your Account by mistake we reserve the right to automatically deduct the amount transfer in excess form the Available Funds.

Only persons over 18 years of age are entitled to register for the Remittance Services.

Each time you seek access the Account we will asking for your Access Codes (as defined herein). As long as the correct Access Codes are entered, we will assume that you are the person giving instructions and making Transactions and you will be liable for them, except to the extent provided for herein. We can refuse to act on any instruction that we believe: (i) was unclear; (ii) was not given by you; or (iii) might cause us to breach a legal or other duty; or if we believe the Remittance Service is being used for an illegal purpose.

We will do all that we reasonably can to prevent unauthorised access to the Account. As long as you have not breached the other terms contained in this Agreement, we will accept liability for any loss or damage to you resulting directly from any unauthorised access to the Account subject to the terms hereof.

(c) Service Limits, Direct Debits, Transfers & SEPA Transfer Payment (UK Only):

Transactions may be restricted by Account type, individual usage patterns and payment risk profiles. Accounts are issued in accordance with regulatory limits and conditions. Limits relating to the use of Accounts in the Application. For anti-money laundering and anti-fraud reasons we reserve our rights to change particular payment restrictions without notice and to the extent required to meet our regulatory obligations.

Simplified Due Diligence may be restricted to reduced annual maximum load limits and capped annual withdrawal limits. These limits will be subject to Scheme and regulatory requirements.

You can make a Transfer to another Account by signing in to your Account and following the relevant instructions.

When sending funds to your Account with us, we recommend that your or other senders make a SEPA Transfer using your IBAN.

We cannot be held liable for the payment process or fees associated with bank(s) and or intermediary bank(s) to process payments from you to us. Any fee(s) charged by third parties, not limited to receiving, processing or crediting a payment for you will be deducted by us before crediting the remaining balance to you.

You are responsible for checking and confirming payment details and fees before making a payment to us or to your Account.

You may be asked to provide us with evidence of source of funds in order for us to meet our regulatory requirements, in which case you agree to provide that evidence promptly. You represent and warrant to us that the evidence you provide to us is up to date, complete and accurate.

Where enabled, you may be eligible to instruct companies to create regular SEPA Transfers from your registered Account. You will be responsible for ensuring that the correct details are provided in order for the SEPA Transfer to be created for you. You must ensure at all times that you have a sufficient balance on your Account to allow for the funds to be debited from your Account. You are responsible for checking the terms and conditions that have been provided to you by the SEPA Transfer originator. WE reserve(s) the right to decline or terminate any SEPA Transfer instruction(s) that you have requested.

You may incur a charge for unpaid SEPA Transfers if there are not enough funds in your Account to pay an incoming SEPA Transfer request.

(d) Use of the Remittance Services:

You may access your Account information by logging into your Account through our website. From here you will be able to view details on your Transactions, including dates, currencies, charges or exchange rates applied. This information is accessible at any time and can be stored and reproduced as necessary.

You can use the Remittance Services up to the amount of the Available Balance for Transactions.

If the Available Balance is insufficient to make a Transaction we will not permit you to combine use of an Account with other payment methods.

The value of each Transaction and the amount of any fees payable by you under this Agreement will be deducted from the Available Balance.

Once a Transaction is authorised, the relevant payment order may not be withdrawn (or revoked) by you after the time it is received by us. A Transaction will be deemed to have been received by us at the time you authorise the Transaction as follows:

A payment order for a Transfer or SEPA Transfer is provided to and received by us at the time it is issued by you via the Account;

Where a revocation of an authorised payment is agreed between us and you, we may charge a fee for revocation.

We will ensure that the amount of a SEPA Transfer or Transfer is credited to the Remittance Service provider of the payee by end of the Business Day following the time of the receipt of your payment order.

We may refuse to authorise any use of the Remittance Services which could breach these terms and conditions or if we have reasonable grounds for suspecting that you or a third party have committed or are planning to commit fraud or any other illegal or un-permitted use of the Remittance Services.

Your ability to use or access the Remittance Services may occasionally be interrupted, for example if we need to carry out maintenance on our Systems. Please contact Customer Services via our website to notify us of any problems you are experiencing using your Account or Account and we will endeavour to resolve any problem.

Except as required by law, we shall not be responsible, and you will be solely responsible, for compiling and retaining your own copy of the data in your Account and your activities in connection with this Agreement. Upon the termination of this Agreement for any reason, we shall have no obligation to store, retain, report, or otherwise provide any copies of, or access to, the Transaction data or any records, documentation or other information in connection with any Transactions or the Account.

You agree to only use the Remittance Services for lawful purposes and to adhere at all times to all laws, rules and regulations applicable to the use of the Remittance Services, including the terms of this Agreement.

You may not use the Remittance Services to receive or transfer any funds on behalf of any other natural person or legal entity.

(e) Access by Third Party Providers:

You may consent to regulated third party providers (PISPs or AISPs) accessing your Account online to make payments or obtain information about balances or Transactions on your Account and/or Account.

The PISPs and/or AISPs must be appropriately registered and authorised in accordance with PSD2. You should check with the regulatory authority of the relevant country before giving consent to the relevant PISP/AISP.

Any consent you give to a third-party provider is an agreement between you and it, we will have no liability for any loss whatsoever, as a result of any such agreement.

Before giving consent, you should satisfy yourself as to what degree of access you are consenting to, how it will be used and who it may be passed on to.

Before giving consent, you should satisfy yourself as to what degree of access you are consenting to, how it will be used and who it may be passed on to.

You should make yourself aware of any rights to withdraw the consent of access from the third party provider and what process it has in place to remove access.

To the extent permitted by law or regulation and subject to any right to refund you may have under this Agreement, between you and us, we are not responsible for any actions that the relevant third party takes in relation to suspending or terminating your use of their service or for any resulting losses. We are also not responsible for, or a party to, any agreement that you enter into with any relevant third party. You should make sure that you read and comply with such agreement or other applicable policies and note that this Agreement will continue to apply between us including to any Remittance Services and our Fees as stated continue to apply.

Where appropriate, we may deny access to your Account, to any third party where we consider such access to be a risk of money laundering or terrorism financing, fraud or other criminal activity. Should we need to take these actions and where possible, we will give reasons for doing so unless restricted by law or for internal security reasons.

(f) Managing & Protecting Your Account:

You are responsible for the safekeeping of your username and password for your Account (“Access Codes”) and the personal identification number for your Account (“PIN”).

Do not share your PIN with anyone. You must keep your PIN safe, and separate from your Account or any record of your Account number and not disclose it to anyone else. This includes:

memorising your PIN as soon as you receive it, and destroying the post mail or other authorised communication used to transmit it to you;

never writing your PIN on your Account or on anything you usually keep with your Account;

keeping your PIN secret at all times, including by not using your PIN if anyone else is watching;

not disclosing your PIN to any person.

The user of the Account(s) must sign the signature strip on any Personalised Account immediately when received.

Do not share your Access Codes with anyone except an Authorised Person. If you disclose the Access Codes to any Authorised Person, you are responsible and liable for their access, use or misuse of the Account, their breach of the terms of this Agreement or disclosure of the Access Codes.

You must not give the Account to any other person or allow any other person to use the Remittance Services. You must keep the Account in a safe place.

Failure to comply with herewith may affect your ability to claim any losses hereunder in the event that we can show that you have intentionally failed to keep the information safe or you have acted fraudulently, intentionally, with undue delay or with gross negligence. In all other circumstances your maximum liability shall be as set out below.

If you believe that someone else knows your Account or Account security details, you should contact us immediately.

Once your Account has expired, or if it is found after you have reported it as lost or stolen, you must destroy your Account by cutting it in two, through the magnetic strip.

(g) Identity Verification:

If you enter into Transactions over the internet, some websites require you to enter your name and address. In such cases you should supply the most recent address which has been registered with us by you as the Account address. The Account address is also the address to which we will send any correspondence.

You must notify us within 7 days of any change in the Account address or your other contact details. You can notify us by contacting Customer Services who may require you to confirm such notification in writing. You will be liable for any loss that directly results from any failure to notify us of such a change as a result of undue delay, your gross negligence or fraud. We will need to verify your new Account address and shall request the relevant proofs from you.

We reserve the right at any time to satisfy ourselves as to your identity and home address (for example, by requesting relevant original documents) including for the purposes of preventing fraud and/or money laundering. In addition, at the time of your application or at any time in the future, in connection with your Account, you authorise us to perform electronic identity verification checks directly or using relevant third parties.

(h) Right to Cancel (“Cooling-Off“):

You have a right to withdraw from this Agreement under the following conditions:

where you purchased the Remittance Services then you have a “Cooling Off” period of 14 days beginning on the date of the successful registration of your Account, to withdraw from this Agreement and cancel the Remittance Services, without any penalty but subject to deduction of any reasonable costs incurred by us in the performance of any part of the provision of services before you cancel. You must contact us within this 14-day period and inform us that you wish to withdraw from this Agreement and you must not use the Remittance Services. We will then cancel the Remittance Services and reimburse the amount of Available Balance on the Account to you. However, we reserve the right to hold Available Balance for up to 30 business days from receipt of your instructions before returning the balance, to ensure that details of all Transactions have been received

After the Cooling Off period you may only terminate the Remittance Services as described herein.

(i) Expiration & Redemption:

Your Account has an expiry date (the “Expiry Date”). The Account (and any Secondary Account) and any IBAN linked to the Account will no longer be usable following the Expiry Date, and you must not use it after that time, but you will still be able to receive and send funds to and from the Account associated with the Account.

If a Account expires before your Available Balance is exhausted, you can contact Customer Services to request a replacement Account, provided you do so 14 days before the Expiry Date printed on your Account and subject to payment of a fee (where specified). We reserve the right to issue you with a replacement for an expired Account even if you have not requested one. If you have not requested a replacement Account, you will not be charged a Account Replacement Fee.

If your IBAN is linked to your Account, rather than linked to your Account, then it will not expire when the Account expires, but will be available to use as long as the Account is available for your use.

Your funds are available for redemption by contacting us at any time before the end of the 6 years after the date on which this Agreement ends hereunder, after which time your Available Balance will no longer be redeemable to you and we are entitled to retain the corresponding funds. Where an Available Balance remains for more than one year after the date on which this Agreement ends, we are not required to safeguard the corresponding funds in our Customer Funds Account, but you can still request redemption for up to 6 years. We may deduct from the proceeds of redemption of any such Available Balance the amount of any Late Redemption Fee.

Provided that your request for redemption is made less than 12 months following the date on which this Agreement ends hereunder, redemption will not incur any Late Redemption Fee. If you make a request for redemption more than 12 months after the date on which this Agreement ends under hereunder an Account Closure Fee may be charged (where specified).

We shall have the absolute right to set-off, transfer, or apply sums held in the Account(s) or Accounts in or towards satisfaction of all or any liabilities and Fees owed to us that have not been paid or satisfied when due.

We shall have the absolute right to close your Account and submit a chargeback claim for the relevant Transactions if your Account is in negative standing for more than 60 days. If our chargeback is successful, funds paid to your Account may only be used to credit your Account or Account, and your Account will remain closed.

If your Account is inactive (including without limitation no access to the account or payment Transactions) for at least 2 consecutive years and has an Available Balance, we may (but we are not obliged to) notify you by sending an e-mail to your registered e-mail address and give you the option of keeping your Account open and maintaining or redeeming the Available Balance. If you do not respond to our notice within thirty (30) days, we will automatically close your Account and initiate a Transfer of your Available Balance to the last payment account notified by you to us (your “Nominated Bank Account”).

(j) Termination or Suspension of Your Account and/or Processing of Transactions:

We may terminate this Agreement and your use of the Remittance Services with prior notice of at least 2 months.

Your use of your Account and any IBAN linked to the Account ends on the Expiry Date in accordance herewith.

This Agreement and your use of the Remittance Services will also end when your ability to initiate all Transactions ceases.

We may terminate or suspend, for such period as may reasonably be required, your use of the Remittance Services in whole or in part at any time or the processing of any Transaction(s) if:

there is any fault or failure in the relevant data processing system(s);

we reasonably believe that you have used or are likely to use the Remittance Services, or allow them to be used, in breach of this Agreement or to commit an offence;

any Available Balance may be at risk of fraud or misuse;

we suspect that you have provided false or misleading information;

we are required to do so by law, the police, a court or any relevant governmental or regulatory authority;

required to fulfil our legal obligations in relation to the fight against money laundering and financing of terrorism;

there is suspicion of unauthorised or fraudulent access to or use of your Account or that any of its security features have been compromised, including the unauthorised or fraudulent initiation of a Transaction;

we have reasonable grounds to believe you are carrying out a prohibited or illegal activity;

we are unable to verify your identity or any other information pertaining to you, your Account or a Transaction.

If any Transactions are found to have been made using your Account or IBAN after expiry or any action has been taken by us hereunder, you must immediately repay such amounts to us.

Where it is practicable and lawful for us to do so or would not compromise reasonably justified security reasons, we will notify you via email of the suspension or restriction and the reasons for it before such measures take place or immediately thereafter.

We will reinstate your Account or execute the relevant Transaction(s) as soon as practicable after the reasons pursuant hereto no longer apply or exist.

If you wish to terminate the Remittance Services at any time, you must request termination and the return of your Available Balance by email to our address in herein from the email address registered in your Account. Our Customer Services department will then suspend all further use of your Remittance Services.

Once we have received all the necessary information from you (including any Customer Due Diligence) and all Transactions and applicable Fees and charges have been processed, we will refund to the you any Available Balance less any Fees and charges payable to us, provided that:

You have not acted fraudulently or with gross negligence or in such a way as to give rise to reasonable suspicion of fraud or gross negligence; and

we are not required to withhold your Available Balance by law or regulation, or at the request of the police, a court or any regulatory authority.

Once the Remittance Services have been terminated, it will be your responsibility to destroy the Account(s) that were provided to you.

If, following reimbursement of your Available Balance, any further Transactions are found to have been made or charges or Fees incurred using the Account(s) or we receive a reversal of any prior funding Transaction, we will notify you of the amount and you must immediately repay to us such amount on demand as a debt.

(k) Liability for Unauthorised or Incorrectly Executed Transactions:

Subject to this Agreement we will reimburse you in full for all unauthorised Transactions sent from your Account immediately and in any event no later than the end of the following Business Day after noting or being notified of the Transaction (except where we have reasonable grounds for suspecting fraud), provided that you have informed us of the unauthorised Transaction without undue delay after becoming aware of the Transaction and in any event, no later than 13 months after the Transaction was executed. Where applicable, we shall restore your Account to the state in which it would have been had the unauthorised Transaction not taken place, so that that the credit value date shall be no later than the date the amount had been debited.

You may be liable for losses relating to any unauthorized Transactions resulting from the use of a lost or stolen Account or the misappropriation of your Account, unless the loss, theft or misappropriation was not detectable to you prior to payment (except where you acted fraudulently) or was caused by acts or lack of action of our employee, agent, branch or service provider.

You are liable for any losses incurred by an unauthorised Transaction if you have acted fraudulently or failed either intentionally or through gross negligence, to use your Account in accordance with the terms of this Agreement or to keep your Access Codes confidential and secure in accordance herewith.

You shall not be liable for losses incurred by an unauthorised Transaction which takes place after you have notified us of a compromise of your Access Codes according to the terms hereof, unless you have acted fraudulently, or where we have failed to provide you with the means to notify us in the agreed manner without delay on you becoming aware of the loss, theft, misappropriation or unauthorised use of your Account or Account.

We shall not liable for a refund or losses incurred by an incorrectly or non-executed payment Transaction if the details of the payee’s account provided by you were incorrect or we can prove that the full amount of the Transaction was duly received by the Remittance Service provider of the payee.

We shall not be liable for any unauthorised or incorrectly executed Transactions in case the Transaction was affected by abnormal and unforeseeable circumstances beyond our reasonable control or where we acted in accordance with a legal obligation.

Where we are liable for the incorrect execution of a Transfer or SEPA Transfer that you receive under this Agreement, we shall immediately place the amount of the Transaction at your disposal in accordance and credit the corresponding amount to your Account no later than the date on which the amount would have been value dated, had the Transaction been correctly executed.

Where we are liable for the incorrect execution of a Payment, Transfer or SEPA Transfer by you as payer, we shall, without undue delay, refund to you the amount of the non-executed or defective Transaction, and, where applicable, restore the debited Account to the state in which it would have been had the defective Transaction not taken place.

In the case of a non-executed or defectively executed Payment, Transfer or SEPA Transfer by you as payer, we shall, regardless of whether we are liable, on request, make immediate efforts to trace the Transaction and notify you of the outcome, free of charge.

If at any time we have incorrectly deducted money from your Available Balance, we shall refund the amount to you. If we subsequently establish that the refunded amount had been correctly deducted, we may deduct it from your Available Balance and may charge you a Fee. If you do not have sufficient Available Balance, you must repay us the amount immediately on demand.

Where any request, Transaction, disputed Transaction, arbitration or reversed Transaction involves third party costs, you remain liable for these and they will be deducted from your Account or otherwise charged to you.

Location of Service. The Service is controlled and operated from facilities in the USA. The Company makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable USA and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by the USA, or are a foreign person or entity blocked or denied by the USA government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the USA.

California Residents. The provider of services is set forth herein. If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.

Availability. We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to Users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.

3. Termination of Use

(a) Generally:

You agree that we may, at our sole discretion, suspend or terminate your access to all or part of the Resources with or without notice and for any reason, including, without limitation, breach of this User Agreement, and nonpayment of any Fees. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any Registration Information.

4. Data Retention, Usage, and Privacy Policy

(a) Data Controller:

The Company, either for itself or by and through one of its subsidiaries, is a registered Data Controller FINTRAC under registration number M20383642. In order for us to provide you with the services relating to your Account, we are required to collect and process personal data about you, with your consent or on a legal basis to meet our obligations for Anti-Money Laundering legislation or other governmental organization. Where applicable, if an Account holder is under 13, then parental consent is explicitly required.

(b) Privacy Policy:

Your privacy is very important to us, which is why we’ve created a separate Privacy Policy (the ‘Privacy Policy’) in order to explain in detail how we collect, manage, process, secure, and store your private information. Our privacy policy is included under the scope of this User Agreement and is incorporated by reference as if fully set forth herein. To read our Privacy Policy in its entirety, click here

(c) Data Retention:

The Company has adopted certain practices and procedures with respect to data collected and retained by the Company in connection with the provision of the Resources to Subscribers, and records related thereto, including Registration Information (the ‘Data’) to ensure (i) the Data is adequately protected and maintained, (ii) that Data no longer needed by the Company or which is of no value is discarded at the proper time, and (iii) that Data belonging to Subscribers are safely and properly retained as needed and, when appropriate, returned or destroyed. We don’t promise to store or keep showing any information and content that you’ve posted. You agree that we have no obligation to store, maintain or provide you a copy of any content or information that you or others provide, except to the extent required by applicable law and as noted in our Privacy Policy.

(d) Document Destruction:

The Company will keep and retain information, data, and User Content you submit through the Application in accordance with the record retention policy of your respective academic institution or in accordance with applicable law, whichever is longer, after which time the Data will be (i) archived or (ii) deleted, in the Company’s sole discretion. If the Company elects to delete the data it will take reasonable efforts delete, remove, or otherwise destroy any such Data in its possession.

(e) Litigation Hold:

In the event the Company is served with any subpoena or request for documents or becomes aware of a governmental investigation or audit concerning the Company or a client thereof, or the commencement of any litigation against or concerning the Company or a client thereof, any further disposal of documents shall be suspended until shall time as the Company, with the advice of counsel, determines otherwise. The Company shall take such steps as is necessary to promptly inform all staff of any suspension in the further disposal of documents.

(f) Disclosures:

You may request a copy of any legally required disclosures (including this Agreement) from us via the contact details in Section 11, and we will provide this to you in a form which enables you to store the information in a way that is accessible for future reference for a period of time adequate for the purposes of the information and which allows the unchanged reproduction of the information stored via, for example, our website, your Account or by email.

5. Company Proprietary Rights

Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content belonging to other Users (the “the Company Content”), and all Intellectual Property Rights related thereto, are the exclusive property of the Company and its licensors (including other Users who post User Content to the Service). Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any the Company Content. Use of the Company Content for any purpose not expressly permitted by this Agreement is strictly prohibited.

You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place the Company under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, the Company does not waive any rights to use similar or related ideas previously known to the Company, or developed by its employees, or obtained from sources other than you.

The Service contains data, information, and other content not owned by you, such as credits offered by the Company (“the Company Property”). You understand and agree that regardless of terminology used, the Company Property represents a limited license right governed solely by the terms of this Agreement and available for distribution at the Company’s sole discretion. the Company Property is not redeemable for any sum of money or monetary value from the Company at any time. You acknowledge that you do not possess any rights of access or rights to data stored by or on behalf of the Company on the Company servers, including without limitation any data representing or embodying any or all of your the Company Property. You agree that the Company has the absolute right to manage, regulate, control, modify and/or eliminate the Company Property as it sees fit in its sole discretion, in any general or specific case, and that the Company will have no liability to you based on its exercise of such right. All data on the Company’s servers are subject to deletion, alteration or transfer. Notwithstanding any value attributed to such data by you or any third party, you understand and agree that any data, User history and User content residing on the Company’s servers, may be deleted, altered, moved or transferred at any time for any reason in the Company’s sole discretion, with or without notice and with no liability of any kind. the Company does not provide or guarantee, and expressly disclaims, any value, cash or otherwise, attributed to any data residing on the Company’s servers.

6. Limitation of Liability

(a) As-Is:

By using our website, you understand and agree that all Resources we provide are “as is” and “as available”. Company makes no representations or warranties that:

the use of our Resources will meet your needs or requirements;

the use of our Resources will be uninterrupted, timely, secure or free from errors;

the information obtained by using our Resources will be accurate or reliable; and

any defects in the operation or functionality of any Resources we provide will be repaired or corrected.

Furthermore, you understand and agree that (i) any content downloaded or otherwise obtained through the use of our Resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content, and (ii) no information or advice, whether expressed, implied, oral or written, obtained by you from the Company or through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement.

(b) Warranties:

Use of the Service is at your own risk. To the maximum extent permitted by applicable law, the Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. No advice or information, whether oral or written, obtained by you from The Company or through the Service will create any warranty not expressly stated herein. Without limiting the foregoing, The Company, its subsidiaries, its affiliates, and its licensors do not warrant that the content is accurate, reliable or correct; that the Service will meet your requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the Service.

Further, The Company does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or service, and The Company will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.

Federal law, some states, provinces and other jurisdictions do not allow the exclusion and limitations of certain implied warranties, so the above exclusions may not apply to you. This Agreement gives you specific legal rights, and you may also have other rights which vary from state to state. The disclaimers and exclusions under this Agreement will not apply to the extent prohibited by applicable law.

(c) Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall The Company, its affiliates, agents, directors, employees, suppliers or licensors be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Service. Under no circumstances will The Company be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Service or your account or the information contained therein.

To the maximum extent permitted by applicable law, The Company assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the Service; (v) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our service by any third party; (vi) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; (vii) User Content or the defamatory, offensive, or illegal conduct of any third party; (viii) any act, omission, transaction, or exchange of services by and between Users; (ix) injury or harm resulting from or in connection with advice, counseling, or services given by Providing Users to Client Users. In no event shall The Company, its affiliates, agents, directors, employees, suppliers, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount you paid to The Company hereunder or $100.00, whichever is greater.

This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if The Company has been advised of the possibility of such damage.

Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. This Agreement gives you specific legal rights, and you may also have other rights which vary from state to state. The disclaimers, exclusions, and limitations of liability under this Agreement will not apply to the extent prohibited by applicable law.

(d) Indemnification

You agree to defend, indemnify and hold harmless the Company and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors (the “Indemnified Parties”), from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses including but not limited to attorney’s fees (each, a “Claim”) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) User Content or any content that is submitted by you including without limitation misleading, false, or inaccurate information; (vi) your willful misconduct; or (vii) any other party’s access and use of the Service with your unique username, password or other appropriate security code.

(e) Third Party Content:

This User Agreement does not apply to the websites or services of any other person or entity. We may provide, or third parties may provide, links to other worldwide websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse (and are not responsible or liable for) any content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that, under no circumstances, will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, advertisements, products or other resources available on any other website (regardless of whether we directly or indirectly link to such content, advertisements, products or other resources). You should direct any concerns with respect to any other website to that website’s administrator or webmaster.

(f) Security

The Company cares about the integrity and security of your personal information. The Company uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information and implement your privacy settings. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

(g) No Professional Advice:

If the Service provides professional information (for example, legal or financial), such information is for informational purposes only and should not be construed as professional advice. No action should be taken based upon any information contained in the Service. You should seek independent professional advice from a person who is licensed and/or qualified in the applicable area.

(h) Apple Store Conditions:

The following terms apply when you download the App from Apple, Inc.’s (“Apple”) App Store. These terms are in addition to all other terms contained in the Agreement.

You acknowledge and agree that (i) the Agreement is concluded between you and the Company only, and not Apple; and (ii) the Company, not Apple, is solely responsible for the App and content thereof. Your use of the App must comply with the App Store Terms of Service.

You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.

In the event of any failure of any of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the applicable App to you and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. As between the Company and Apple, any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be the sole responsibility of the Company.

You acknowledge that, in the event of any third-party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, as between the Company and Apple, the Company, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim to the extent required by the Agreement.

You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of the Agreement as related to your license of the App, and that, upon your acceptance of the terms and conditions of the Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement as related to your license of the App against you as a third-party beneficiary thereof.

(i) Disclaimers:

The Company shall not be liable:

if you are unable to use the Account or Remittance Services for any valid reason stated in this Agreement;

for any fault or failure beyond our reasonable control relating to the use of the Remittance Services, including but not limited to, a lack of Available Balance or fault in or failure of data processing systems;

for any loss, fault or failure relating to the use of a Third-Party Provider,

if a Merchant refuses to accept a Payment or fails to cancel an authorisation or pre-authorisation;

for the goods or services that are purchased with your Account;

for any dispute you might have with a Merchant or other user of the Remittance Service where you acted with undue delay, fraudulently, or with gross negligence (including where losses arise due to your failure to keep us notified of your correct personal details).

(j) To the fullest extent permitted by relevant law, our total liability under or arising from this Agreement shall be limited as follows:

where your Account is faulty due to our default, our liability shall be limited to replacement of the Account or, at our choice, repayment to you of the Available Balance; and

in all other circumstances of our default, our liability will be limited to repayment of the amount of the Available Balance.

(k) Authorized Use:

You agree that you will not use the Remittance Services in an illegal manner and you agree to indemnify us against any claim or proceeding brought about by such illegal use of the Remittance Services by you. Nothing in this Agreement shall exclude or limit either Party’s liability in respect of death or personal injury arising from that party’s negligence or fraudulent misrepresentation. No party shall be liable for, or be considered in breach of this Agreement on account of, any delay or failure to perform as required by this Agreement as a result of any causes or conditions which are beyond such Party’s reasonable control.

7. Intellectual Property

(a) Site Content:

All content and materials available on the Site, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of the Company, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by the Company.

(b) Your Content:

The Service allows Users to submit, post, display, provide, or otherwise make available content such as profile information, comments, questions, and other content or information (any such materials a User submits, posts, displays, provides, or otherwise makes available on the Service is referred to as “User Content”).

We claim no ownership rights over User Content created by you. The User Content you create remains yours. However, you understand that certain portions of the Service may allow other Users to view, edit, share, and/or otherwise interact with your User Content. By providing or sharing User Content through the Service, you agree to allow others to view, edit, share, and/or interact with your User Content in accordance with your settings and this Agreement. Company has the right (but not the obligation) in its sole discretion to remove any User Content that is shared via the Service. User Content you submit in response to assignments from your Instructors may be reviewed by the Company or by your school for plagiarism, and will be subject to your school’s policies on academic honesty and plagiarism.

By submitting, posting, displaying, providing, or otherwise making available any User Content on or through the Service, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to the Company a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service and the Company’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User of the Service a non-exclusive license to access your User Content through the Service, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Service and under this Agreement.

For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.

In connection with your User Content, you affirm, represent and warrant the following:

You have the written consent of each and every identifiable natural person in the User Content, if any, to use such person’s name or likeness in the manner contemplated by the Service and this Agreement, and each such person has released you from any liability that may arise in relation to such use.

You have obtained and are solely responsible for obtaining all consents as may be required by law to post any User Content relating to third parties.

Your User Content and the Company’s use thereof as contemplated by this Agreement and the Service will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy rights.

the Company may exercise the rights to your User Content granted under this Agreement without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.

To the best of your knowledge, all your User Content and other information that you provide to us is truthful and accurate.

The Company takes no responsibility and assumes no liability for any User Content that you or any other User or third-party posts, sends, or otherwise makes available over the Service. You shall be solely responsible for your User Content and the consequences of posting, publishing it, sharing it, or otherwise making it available on the Service, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that the Company shall not be liable for any damages you allege to incur as a result of or relating to any User Content

(c) License:

We do not assume any liability for any content posted by you or any other third-party users of our website. However, any content posted by you using any open communication tools on our website, provided that it doesn’t violate or infringe on any third party copyrights or trademarks, becomes the property of the Company and as such, gives us a perpetual, irrevocable, worldwide, royalty-free, exclusive license to reproduce, modify, adapt, translate, publish, publicly display and/or distribute as we see fit. For the avoidance of doubt, this does not refer to Registration Information. All Registration Information is covered by our Privacy Policy.

8. Dispute Resolution

(a) Disputes with Other Users:

You are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. the Company shall have no liability for your interactions with other Users, or for any User’s action or inaction.

(b) Dispute Resolution Procedure:

We are committed to providing an excellent customer experience for all our Customers. If we do not meet your expectations in any way, we want to have the opportunity to put things right. In the first instance, your initial communication will be with our Customer Services Team who can be contacted at the information provided in Section. Our Customer Services Team will listen to your needs and will do their best to solve your issue promptly and fairly. We value the opportunity to review the way we do business and help us meet our customers’ expectations. If having received a response from our Customer Services Team you are unhappy with the outcome, please contact the Complaints Team of in writing via email on Once received, the Complaints Team will conduct an investigation and you will receive a response of its findings within 15 days of receipt of the complaint. In exceptional circumstances where we are unable to reply within the first 15 days, we will reply providing a reason for the delay and deadline for response, not more than 35 days after first receipt of complaint. If the Complaints Team is unable to resolve your complaint and you wish to escalate your complaint further, please contact the Financial Ombudsman Service at the contact information provided in Section 11. Details of the service offered by the Financial Ombudsman Service by contacting us here or alternatively you can lodge your complaint in your country of domicile with the Online Dispute Resolution process. You must provide us with all receipts and information that are relevant to your claim.

(c) Arbitration:

If, after exhausting the procedures outlined in Section 8 above, you and the Company are unable to reach a satisfactory resolution of any claim, cause of action, disagreement, or dispute (a “Claim”) then such Claim, except a threat to or breach of Section 7 hereof (which threat or breach shall be subject to remedies at law or at equity in a court of competent jurisdiction, including but not limited to injunctive relief) shall be subject the following dispute resolution process. In the event of such a disagreement or dispute, the Parties shall submit to third-party mediation by a reputable mediation service, or, if the Parties are unable to agree upon a mediator, by a mediator selected by the American Arbitration Association. If such mediation fails, the Parties may invoke arbitration. Such arbitration shall be held in Oakland, California and shall be conducted by an arbitrator agreed to by the Parties, or, if the Parties are unable to agree upon an arbitrator, by an arbitrator provided by the American Arbitration Association. Company may require that such an arbitrator sign a certification stating that said arbitrator is not acquainted with either of the Parties or either of the Parties’ counsel.

(d) Attorney’s Fees:

In the event the Company brings any action at law or at equity for the enforcement of any rights hereunder or in connection with any claim, controversy, or dispute arising from or in connection with this Agreement, the Company shall be entitled to collect from the Client, in addition to any damages, all costs, fees, and expenses incurred in such dispute, including but not limited to reasonable attorneys’ fees.

(e) Waiver of Jury Trial:

EACH PARTY WAIVES ITS RESPECTIVE RIGHTS TO A TRIAL BY JURY OF ANY CLAIM OR CAUSE OF ACTION BASED UPON OR ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY IN ANY ACTION, PROCEEDING OR OTHER LITIGATION OF ANY TYPE BROUGHT BY ANY PARTY AGAINST THE OTHER PARTY OR ANY AFFILIATE OF SUCH OTHER PARTY, WHETHER WITH RESPECT TO CONTRACT CLAIMS, TORT CLAIMS OR OTHERWISE. THE PARTIES AGREE THAT ANY SUCH CLAIM OR CAUSE OF ACTION SHALL BE TRIED BY A COURT TRIAL WITHOUT A JURY. WITHOUT LIMITING THE FOREGOING, THE PARTIES FURTHER AGREE THAT THEIR RESPECTIVE RIGHT TO A TRIAL BY JURY IS WAIVED BY OPERATION OF THIS SECTION AS TO ANY ACTION, COUNTERCLAIM OR OTHER PROCEEDING WHICH SEEKS, IN WHOLE OR IN PART, TO CHALLENGE THE VALIDITY OR ENFORCEABILITY OF THIS AGREEMENT OR ANY PROVISION HEREOF. THIS WAIVER SHALL APPLY TO ANY SUBSEQUENT AMENDMENTS, RENEWALS, SUPPLEMENTS OR MODIFICATIONS TO THIS AGREEMENT. EACH PARTY ACKNOWLEDGES THAT IT HAS RECEIVED THE ADVICE OF COMPETENT COUNSEL.

(f) Waiver of Class Action:

With respect to all persons and entities, regardless of whether they have obtained or used the Service for personal, commercial or other purposes, all Claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class action, collective action, private attorney general action or other representative proceeding. This waiver applies to class arbitration, and, unless we agree otherwise, the arbitrator may not consolidate more than one person’s Claims. You agree that, by entering into this Agreement, you and The Company are each waiving the right to a trial by jury or to participate in a class action, collective action, private attorney general action, or other representative proceeding of any kind.

9. Regulatory Information

The Remittance Services, Account are Remittance Services and not deposit, credit or banking products and are provided by CFSB.

10. Miscellaneous Provisions

(a) Governing Law:

This Agreement and any claim or controversy arising hereunder or in connection herewith shall be governed by and construed in accordance with the domestic laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of California.

(b) Jurisdiction and Venue:

Subject in all ways to Section 8(b) hereof, each of the Parties irrevocably submits to the jurisdiction of any State or Federal court sitting in Oakland, California (collectively, the “Designated Courts”) for the enforcement of the final determination of any arbitration brought pursuant to Section 8(b) hereof and, as necessary, for the enforcement of any injunctive relief or enforcement with respect to the applicable provisions hereof. Each of the Parties further agrees that service of any process, summons, notice or other document by U.S. registered mail or email to such Party’s respective address as provided in connection with the Services shall be effective service of process for any action, suit or proceeding in the Designated Courts or in connection with any arbitration action with respect to any matters to which the Parties have submitted to jurisdiction as set forth herein. Each of the Parties irrevocably and unconditionally waives any objection to the laying of venue of any dispute, action, suit or proceeding arising out of this Agreement or the transactions contemplated hereby in any arbitration proceeding or court located in Oakland, California and hereby further irrevocably and unconditionally waives and agrees not to plead or claim in any such arbitration proceeding or Designated Court that any such dispute, action, suit or proceeding brought in any such Court or arbitration proceeding has been brought in an inconvenient forum or venue.

(C) Severability:

If any provision of this User Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.

(d) Amendments:

We may modify this Contract, our Privacy Policy and our Cookies Policy from time to time. If we make material changes to it, we will provide you notice through our Site, or by other means, to provide you the opportunity to review the changes before they become effective. We agree that changes cannot be retroactive. If you object to any changes, you may close your account and terminate your use of the Resources. Your continued use of our the Resources after we publish or send a notice about our changes to these terms means that you are consenting to the updated terms as of their effective date.

(e) Assignment:

We may assign our rights and obligations under this User Agreement. This User Agreement will inure to the benefit of our successors, assigns and licensees.

(f) Waiver:

The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of this User Agreement, or to exercise any right under this User Agreement, will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full force and effect.

(g) Business Days:

If any time period for giving notice or taking action hereunder expires on a day which is a Saturday, Sunday or legal holiday in Oakland, California, the time period shall automatically be extended to the business day immediately following such Saturday, Sunday or legal holiday.

(h) Notices:

Key information relating to your Transactions will be provided to you at the email address you register with us and/or in your Account. You may access, download and print this information at any time by logging in to your Account. In addition, you agree that we may provide notices or other information to you from time to time by posting it in your Account, emailing it to your registered email address, mailing it to your registered physical address, calling you by phone or sending you mobile messages. Notices to you by email or mobile messages shall be deemed given 24 hours after the email is sent, unless the sending party is notified that the email address is invalid. Notices sent by registered mail shall be deemed to have been received three days after the date of mailing. You may contact us as specified in Section 11.

(i) Construction:

In the event an ambiguity or question of intent or interpretation arises, this User Agreement shall be construed as if drafted jointly by the Parties and no presumption or burden of proof shall arise favoring or disfavoring any Party by virtue of the authorship of any of the provisions of this Agreement. Any reference to any law shall be deemed also to refer to all rules and regulations promulgated thereunder, unless the context requires otherwise. The English language shall be the controlling language for purposes of the definitive interpretation of this Agreement. The word “including” shall mean including without limitation. Pronouns shall be deemed to refer to the masculine, feminine, and neutral and to the singular or plural as context requires. The section headings are included for convenience purposes only and shall not affect the meaning or construction of the substantive provisions hereof. The Recitals are incorporated into this Agreement by reference as if fully set forth herein. Each of the Company and you are referred to as a “Party” and together, the “Parties”.

Contact Information

If you have any questions or comments about this User Agreement as outlined above, you can contact us at:

Customer Service: hi@linkqit.com

Complaint Team: hi@linkqit.com

Financial Ombudsperson: compliance@linkqit.com

Definitions

“Account“ or “E-Wallet” means a data account in our systems where we record your Available Balance, Transaction Data and other information from time to time;

“Account Information Service” means an online service to provide consolidated information on one or more payment accounts held by the Remittance Service user with another Remittance Service provider or with more than one Remittance Service provider;

“Account Information Service Provider” or “AISP” means the supplier of an Account Information

“Applicable Exchange Rate” the exchange rate available here.

“Authorized Person” means any person to whom you authorise us to access your Account;

“Available Balance” the amount of E-money issued by us to you but not yet spent or redeemed;

“Business Day“ means Monday to Friday, 0900hrs to 1700hrs EDT (GMT-4), excluding bank and public holidays in the USA;

“Customer Due Diligence” the process we are required to go through to verify the identity of our Customers;

“Customer Funds Account” the segregated bank account where we hold relevant funds corresponding to your Available Balance

“Fees” the fees payable by you for the Remittance Services;

“Financial Institution” means CFSB or Community Financial Service Bank

“IBAN” means an International Bank Account Number used to identify bank accounts for the purposes of international payments; or any virtual IBAN issued by our bank service provider that we allocate to your Account which can be used by you or for the purpose of making a SEPA Transfer or Transfer of funds that will result in a credit of the relevant funds to your Account.

“Linkqit affiliate” means the any and all of the following entities that provide the Service depending on your location:

Linkqit Payment Technology Company., if you are located in the United Kingdom;

Linkqit Payments INC, if you are located in Canada.

“Remittance Services” means the services supplied by us to you under this Agreement, including remitting of funds;

“SEPA Transfer” a facility available for UK registered Accounts only whereby you instruct us to send Euros to a bank account elsewhere in the Single Euro Payments Area (“SEPA”), quoting the IBAN of the intended recipient of the funds.

“Service” means all the services supplied by us to you under this Terms of Service, including the Remittance Services.

“Simplified Due Diligence” means a lighter form of Customer Due Diligence, resulting in certain lower Account and Account limits;

“Transaction“ a Direct Debit, a Transfer or a SEPA Transfer;

“Transaction Data” means all the data requires for a Transaction to be completed.

“Transfer” a transfer of E-money from one Account to another Account.

“UK” means the United Kingdom.

Linkqit Payments inc
Registration No- 14084284
150 Graydon Hall Drive, Unit 210 North York, ON Canada M3A 3B1