Terms & Conditions

Terms & Conditions

This agreement is between Remitware Payments Canada Inc. a company incorporated in British Columbia Canada, herein referred to as RPCI and you herein referred as “Customer”. Whereas;

1. RPCI is a FINTRAC registered Money Service Business and is engaged in providing cross border remittances and payment solutions to individuals, businesses and corporations. To facilitate the same, RPCI has developed a proprietary web-based platform called Remitr For Business (RFB) .
2. Definitions

In this Agreement, these terms shall have following meanings:

• • “Agreement” refers to this document;
  • “Business Day” refers to a day during which commercial banks are open for business (including dealings in foreign exchange) in Canada or in the payment destination country, or in the intermediary country/countries through which the payment is being routed;
  • “Customer” refers to an individual, person (both natural and legal), entity, firm, corporation or organization for whom business details were submitted online or offline by the Authorized Person of the Customer and approved by RPCI to provide the service;
  • “Commencement Date” refers to the date on which RPCI approves the Customer to undertake transactions on RFB;
  • “Intellectual Property” refers to property of RPCI or of its parent, subsidiary or any other sister company, consisting of and including, but not limited to, inventions, registered and unregistered designs, copyright work, trademark and confidential information, including but not limited to the mobile app or web application;
  • “KYC Documents” refers to documents required to establish the identity of the Customer and those authorized to transact on behalf of the Customer, as prescribed by the regulatory authorities or RPCI;
  • “Partner” – refers to banks, financial institutions and other service providers who are engaged with RPCI in various countries to facilitate transaction processing or payout and receiving payments;
  • “Payment” refers to payments made and received by RPCI or its Partners on behalf of the Customer;
  • “Remitr Mobile App” refers to the mobile app for electronic foreign exchange and global payment platform provided by RPCI;
  • “RFB” refers to a proprietary online platform Remitr for Business created and provided by RPCI to conduct business payment transactions;
  • “Services” refers to remittance and payment services offered by RPCI or its Partners through its mobile app or web application including sending or receiving payments and currency conversion;
  • “Settle and/or Settlement” refers to settlement payments made by the Customer to RPCI or received by RPCI on behalf of the Customer.

3.Term

This Agreement will take effect immediately upon acceptance of this Agreement online by Customer and will continue for an indefinite period of time until terminated in accordance with the provisions of this Agreement.

4. Services

• • RPCI agrees to provide Services to the Customer. 
  • Customer has agreed to use the service provided by RPCI.
  • RPCI may partner with banks and other financial institutions in various countries to provide the service to the Customer.
  • RPCI reserves the right to withdraw said service at any time either in totality or in specific corridors as the case may be.
  • RPCI has complete discretion and may offer this service selectively in certain regions only.
  • Details of the service availability or any changes there-to will be communicated via RPCI website from time to time.

5. Eligibility

• • Any Customer who has requirements to send or receive payments for commercial or business purposes may use this platform and its services, barring those engaged in services mentioned in the prohibited list as defined in this Agreement
  • Individual or natural persons who wish to undertake transactions on RFB platform should be above the age of 18 years.

6. Onboarding of Customer

• • Customer on-boarding can be:
    • Offline – RPCI’s representative collects the duly completed prescribed forms along with all KYC documents before providing access to RFB. Customer agrees to provide all required documentation before being given full access to the RFB platform, and also undertakes to provide correct and complete information.
    • Online – Customer completes registration information, and provides ID and  KYC documents online, when prompted. Customer agrees to provide any other  documents as and when requested by RPCI.
  • Customer agrees that RPCI may share any or all such information with third party agencies or individuals for the sole purpose of verification of details.
  • Customer agrees that as part of the on-boarding process, RPCI or an agency appointed by RPCI may conduct various due diligence checks, including but not limited to credit file check, background checks, physical visit to the Customer premises / place of doing business, etc.
  • Bank account – Customers are required to provide bank account details which the Customer understands would be verified by RPCI. Customer may be requested to provide a void cheque or any other method prescribed by RPCI for verification. Customer agrees that they have no objections to RPCI carrying out verification checks on the bank account details provided.
  • Customer approval – based on the information and KYC documents provided by the Customer, RPCI may at it’s sole discretion accept or reject the Customer on-boarding request. RPCI may ask for additional documents as it deems fit, before accepting or rejecting the request.
  • Transaction limit – Upon approval, RPCI at its sole discretion will assign limits, such as - number of transaction in a day or month, maximum of value of each transactions. These limits will be revised from time to time.

7. Authorized Person (AP)

• • Eligible Person (Natural or non-Natural) who registers on the RFB is treated as Authorized Person, to avail services provided by RPCI either for himself or on behalf of his company.
  • Customer agrees that AP has full access and authority to provide Customer information, bank details, KYC documents and register on the RFB on its behalf.
  • Customer agrees that AP is authorized to initiate and approve all transactions on the RFB
  • Customer agrees that RPCI may use direct debit method (pre- authorized debit or PAD) to debit its bank account for any transaction initiated and/or authorized by AP if direct debit is a chosen method for local payment by AP.
  • RPCI would continue to take instructions from the Authorized person unless communicated in writing to RPCI to discontinue the Authorized Person Registration with us.
  • The Authorized Person and Customer understand and agrees that RPCI may undertake due diligence check including credit file checks etc. on the Authorized Person to verify the identity of the person.
  • Based on the Customer profile such checks may be repeated from time to time.

8. Rates & Fee

• • Card rates and fee are visible to all registered users of the service on RFB.
  • Rates provided are online and are refreshed frequently.
  • Owing to the real-time nature of the RFB platform, RPCI will apply the rate applicable at the time of the actual settlement of the transaction, which may vary from those displayed while initiating the transaction.
  • Rate applied to the transaction will be final and binding on the customer.

  9. Special Promotions

• • RPCI may periodically roll out time-bound promotions offering benefits such as waiving of transaction processing fees.
  • RPCI reserves the right to decide terms and conditions, benefit structure and mechanism of such promotions.
  • Details of such promotions will be posted from time to time on www.remitr.com.
  • Such promotions may be withdrawn at any point of time at the sole discretion of RPCI and without any prior notice.
  • Under no circumstances can the benefit of these promotions be claimed in cash.

 10. Beneficiary

1. • Full Beneficiary details can be provided by customer or can be received by RPCI directly from Beneficiary upon advice of the Customer.
   • Customer may provide basic details like Name, Phone number and email address of the Beneficiary and RPCI may approach the customer to provide other details required for payout, including bank details.
   • Customer agrees to ensure and educate the beneficiary to provide his own bank account details for payout, in case if they do not do so, payouts may be rejected by RPCI or by RPCI correspondent banks.
   • Customer would be responsible for the beneficiary payout and RPCI will not undertake any responsibility for the authenticity of the beneficiary’s data.
   • Customer agrees and confirms that the details of the beneficiary provided (either by them or as received by beneficiary) including bank details are correct and genuine.
   • RPCI reserves the final right to accept or reject the beneficiary on boarding without assigning any reason.
   • Customer understands that RPCI may undertake various Due Diligence checks on the beneficiary details provided.
   • RPCI may share this information with third parties for processing of the transaction etc.

11. Transactions

• • by keying in individual transaction details
  • Mass upload
  • Through API.
  • Customer agrees that transactions which are being routed through the RFB system are only for valid purposes and are subject to all regulations in the sending and receiving country.
  • RPCI may request them to provide supporting documents or any other details/information for transactions executed through the RFB platform.
  • Customer agrees to provide the same within the timeframe prescribed by RPCI.
  • RPCI may accept or reject a transaction at its own discretion without assigning any reason.
  • Transactions details can be provided by the Customer in any one of the following method
    
    

12. Payments and Funding

• • RPCI may provide one or more options for the customer to fund the transaction.
  • Any payment options can be used to make payment for individual transactions or for groups of transactions “Batch” or for funding the Ledger.
  • Transactions not funded within the stipulated time frame are liable to get rejected on the sole discretion of RPCI and no liability for non-processing of transactions shall fall on RPCI.
    
    

13. Customer Ledger

• • RPCI will provide the Customer with a ledger showing transaction / batch details and outstanding transactions / amounts if any. For transactions which are not processed by RPCI, Customer at any time can request to stop processing and return the transactions / amount thereof.
  • Customer understands, RPCI would try and stop processing of such transactions only on a best-effort basis.
  • Any refund of amounts would be only after due deduction of bank charges, correspondent charges and fx losses.
  • If any amount is outstanding with RPCI at any stage, RPCI is not liable for payment of any interest on the same.
    
    

14. Taxes

• • Customer agrees to taxes applicable, if any, on the service
    
    

15. Compliances

• • The Customer or the Authorized Persons, shall keep Passwords, User IDs and Personal Verification Questions and Answers (if any) confidential.
  • The Customer acknowledges that RPCI is a money service business (MSB) and is subject to various laws and regulations, including those related to anti-money laundering (“AML”) and anti-terrorist financing (“ATF”) in various jurisdictions. Nothing in this agreement would stop RPCI from complying to its regulatory obligation.
  • The Customer acknowledges that RPCI has a reasonable & know your customer program as a part of its overall AML/ATF program and that RPCI has and will maintain records of the Customer, including but not limited to the Customer’s name, address, nature of the principal business, and incorporation number and place of issue if an entity, or date of birth and occupation if an individual.
  • The Customer agrees to promptly notify RPCI of any inaccuracy or change to the information provided at the time of on-boarding either and will at the request of RPCI provide RPCI with any information which may be required from time to time under any applicable laws and regulations.
  • The Customer agrees that it will notify RPCI of any such change no later than sixty (60) days after the change has occurred.
  • Customer understands and agrees that transactions submitted will be subject to compliance checks by RPIC or by its correspondent banks / partners and may result in some delay in processing of transactions and RPCI would be under no obligation to cover for losses incurred due to this delay.
  • Accounts which have had no activity for a period of at least one year, will be deactivated and may need to undergo an onboarding process again to reactivate the account.
  • Customer understands the transactions may be subject to various AML checks by RPCI or its correspondent banks /partners, may ask for additional information at the time of processing or even later. Such checks may even lead to withholding/ delay in delivery of funds for which RPCI would not be held responsible.
  • Customer may be required to re-confirm its details on an annual or more frequent basis, at RPCI’s discretion.
  • Transactions undertaken on the platform would be for declared purposes only and Customer would make no attempt to hide the real purpose of the transactions.
    
    

16. Warranties of Customer

• • Customer undertakes that it has license and authority to undertake the said transaction at all time during the currency of this agreement.
  • All the information provided by the Authorised Person on behalf of the Customer is correct.
  • All Beneficiaries details provided (either by the customer or as received from beneficiary on advice of customer) are genuine person (Natural or legal)
  • Actual purpose of payment or remittances as mentioned in the transactions are correct, valid and as permitted on this Platform.
  • Customer agrees not to undertake any illicit transaction on the platform.
  • Customer undertakes that the transactions provided on the platform are their own transactions and not those of a third party.
    
    

17. Indemnity

• • Customer undertakes to indemnify RPCI and its officials for any loss/damage or cost or expenses incurred by RPCI (including litigation expenses) against any claims/litigation by beneficiaries/remitters for wrong/delayed application of funds due to wrong reporting of customer details and/or account numbers, delayed uploading of payment files onto RFB Platform.
    
    

18. Liability of RPCI

• • The Customer will indemnify and hold RPCI, its directors, officers, employees and agents harmless from and against all liabilities, damages, claims, costs, losses and expenses (collectively, the “Losses”) incurred by RPCI arising out of, or in respect of, ANY REASON WHATSOEVER.
    
    

19. Records

• • Customer undertakes to maintain records of all Transactions as well as KYC Documents and submit them online. RPCI upon examination of the submitted documents may ask for additional documents or may require to view documents in original form at any point of time before accepting the transaction or anytime in the future to meet its audit, regulatory and compliance obligations.
  • Customer accepts and agrees that it is under obligation to submit such documents whenever asked for without any time limitation.
  • This clause will survive termination of this agreement.
    
    

20. Deactivation of Account and Termination of agreement.

1. • RPCI reserves the right to terminate or deactivate the Customer account on the RFB without assigning any reasons.
   • RPCI may return any outstanding amount available in the customer ledger after adjusting dues / outstanding, unless bound by any regulatory or compliance obligation.
   • RPCI would be under no obligation to return the amount in case any regulatory action is initiated against the Customer.

21. Intellectual Property Rights

• • The Customer acknowledges that the logo, content, format and presentation in relation to the Services that RPCI provides to the Customer under this Agreement may contain Intellectual Property which is either RPCI’s property or licensed to RPCI.
  • In no event will the Customer have or acquire any rights to or in respect of the Intellectual Property.
  • The Customer acknowledges that the Remitr Mobile App, RFB and RPCI’s website (remitr.ca or remitr.com or business.remitr.com  ) contains material which is copyright of RPCI and the Customer acknowledges that it will not acquire any rights to such material by downloading it.
    
    

22. Confidentiality

• • Each party will keep confidential the other’s information obtained in connection with this Agreement, unless the information is in the public domain, or disclosure is reasonably believed required by applicable law, or for the party’s protection.
  • However, such information can be released by either party to any law enforcing agency if required by them, without intimation to the other party.
    
    

23. Successors and Assigns

• • This Agreement is binding on, and inures to the benefit of, the parties, their respective successors and assigns.
  • Neither party may assign its rights or obligations under this Agreement without prior consent, which consent shall not be unreasonably withheld, except that RPCI may assign this Agreement to an affiliate.
    
    

24. Notices

• • Notices are required in writing.
  • Notices which the Customer needs to deliver to RPCI must be delivered by email, or courier as follows:
    
    
    • Legal Department, Remitware Payments Canada Inc.  439 University Avenue, 5th  floor Toronto ON, M5G 1Y8. Canada Phone: +1 (437) 836 3087  Fax: +1 (437) 836 3101, email : legal@remitr.ca
    • Notices to the Customer shall be made to the address, fax or email address as provided in the CRF.
    • Failure of the Customer to update the contact details on the CRF prior to providing notice hereunder does not void the effectiveness of the notice.
  • Any notice will be deemed effective if delivered by courier, on the date it is delivered, if delivered by email, on the date that the email is received by RPCI.
  • The Customer acknowledges and agrees that communication by email or its use of the Internet will be at the Customer’s own risk.
    
    

25. Governing Law

• • This Agreement, related Payment Advices and any other documents or telephone recordings (if any) shall be construed and interpreted in accordance with the laws of the Province/State/Country and applicable federal laws based on the location of the RPCI Group entity.
  • Specifically, for Transactions made through RPCI, are according to the laws of the Province of Ontario, Canada.
    
    

26. Legal Fees

• • In any litigation, arbitration, or other proceeding, including collection, by which RPCI seeks to enforce its rights under this Agreement (whether in contract, tort, or both) or seeks a declaration of any rights or obligations under this Agreement, RPCI shall be entitled to claim and be awarded its reasonable legal fees, and costs and expenses incurred.
    
    

27. Sub-Contracting

• • The Customer agrees that RPCI may engage any third party in order to perform its responsibilities under this Agreement.
  • Nonetheless, performance shall remain under RPCI’s supervision and responsibility.
    
    

28. Invalidity

• • The invalidity of any provision of this Agreement will not affect the validity of other provisions.
    
    

29. Waiver

1. • No covenant or condition of this Agreement may be waived except by the written consent of RPCI, and forbearance or indulgence by RPCI in any regard shall not constitute a waiver of the covenant or condition to be performed by the Customer and until complete performance by the Customer of the covenant or condition.
   • RPCI shall be entitled to invoke any remedy available under this Agreement or by law, despite the forbearance or indulgence.

30. Privacy

1. • Personal and confidential information collected is for the purpose of complying with applicable AML and CTF financing laws and regulations.
   • Telephone calls to and from RPCI may be recorded to evidence business transactions, to ensure quality control and to improve internal training measures.
   • Detailed privacy policy can be found at RPCI’s Privacy Notice.
   • The Customer hereby acknowledges that the Privacy Notice has been reviewed and is consented to.

31. Force Majeure

• • Neither party is liable for failure to perform or delay in performing any of its obligations is prevented by any circumstances beyond the reasonable control of a party (including without limitation any acts of God, acts or restraints of Governments or public authorities, strikes, lock-outs, or other industrial action, terrorism, war, revolution, riot or civil commotion) (“Force Majeure”).
  • Each party shall promptly notify the other party of the occurrence of a Force Majeure event and shall use reasonable endeavors to continue to perform its obligations.
    
    

32. Miscellaneous

• • Nothing in this Agreement shall create, or be deemed to create a partnership, joint venture, employer and employee relationship, principal and agent relationship or any other relationship not specified within the terms of this Agreement.
    
    

33. Prohibited purposes

1. • Transactions on the systems can take place for only purposes listed on the RFB Platform. Following are prohibited purposes for which RFB should not be used: Adult Contents and Services - Pornography and other obscene materials (including literature, imagery and other media); sites offering any sexually-related services such as prostitution, escorts, pay-per view, adult live chat features.
   • Counterfeit or unauthorized goods - Unauthorized sale or resale of brand name or designer products or services; sale of goods or services that are illegally imported or exported.
   • Gambling - Lotteries; bidding fee auctions; sports forecasting or odds making; fantasy sports leagues with cash prizes; internet gaming; contests; sweepstakes; games of chance.
   • Intellectual property or proprietary rights infringement - Sales, distribution, or access to counterfeit music, movies, software, or other licensed materials without the appropriate authorization from the rights holder; any product or service that directly infringes or facilitates infringement upon the trademark, patent, copyright, trade secrets, or proprietary or privacy rights of any third party.
   • Investment and; credit services - Securities brokers; mortgage consulting or debt reduction services; credit counselling or repair; real estate opportunities; lending instruments.
   • Money and legal service - Money transmitters, check cashing, wire transfers, money orders; currency exchanges or dealers; bail bonds.
   • Collections agencies; law firms collecting funds for any purpose other than to pay fees owed to the firm for services provided by the firm.
   • Regulated products and services - Marijuana dispensaries and related businesses; sale of tobacco, e-cigarettes, and e-liquid; online pharmacies; age restricted goods or services; weapons and munitions; gunpowder and other explosives; fireworks and related goods; toxic, flammable, and radioactive materials; products and services with varying legal status on a state-by- state basis.
   • Virtual currency or stored value - Virtual currency that can be monetized, resold, or converted to physical or digital products and services or otherwise exit the virtual world (e.g., Bitcoin); sale of stored value or credits maintained, accepted and issued by anyone other than the seller.
   • Any equipment designed for making or using drugs, such as bongs, vaporizers, and hookahs.
   • Bankruptcy lawyers; computer technical support; psychic services.
   • Travel reservation services and clubs; airlines; cruises; timeshares.
   • Prepaid phone cards, phone services, and cell phones; telemarketing.
   • Lending services; any businesses that we believe poses elevated financial risk, legal liability, or violates card network or bank policies.
   • Charities – any kind of businesses, funding donations related to charities.
   • Drug paraphernalia.
   • Engaging in any form of licensed or unlicensed aggregation of funds owed to third parties, factoring, or other activities intended to obfuscate the origin of funds.
   • Get rich quick schemes or high risk businesses.
   • Investment opportunities or other services that promise high rewards.
   • Mugshot publication or pay-to-remove sites.
   • Multi-level marketing.
   • No value-added services, pharmaceuticals and other products that make health claims that have not been approved or verified by the applicable local and/or national regulatory body.
   • Platforms that facilitate the publication and removal of content (such as mugshots), where the primary purpose of posting such content is to cause or raise concerns of reputational harm.
   • Products or services that are otherwise prohibited by our financial partners.
   • Pseudo pharmaceuticals, Substances designed to mimic illegal drugs.
   • Pyramid schemes, network marketing, and referral marketing programs.
   • Sale of a legal substance that provides the same effect as an illegal drug (e.g., salvia, kratom).
   • Sale of in-game currency unless the merchant is the operator of the virtual world.
   • Sale of Twitter followers, Facebook likes, YouTube views, and other forms of social media activity.
   • Sale or resale of a service without added benefit to the buyer; resale of government offerings without authorization or added value; sites that we determine in our sole discretion to be unfair, deceptive, or predatory towards consumers.
   • Video game or virtual world credits.
   • Unfair, predatory, or deceptive practices.