This User Agreement is effective as of August 1, 2018 and governs the terms under which you may access and use the Remit product of Crosslinks Money Transfer Corporation (“CMTC”) websites (for purposes of this User Agreement, "websites" includes our mobile applications) and the services associated with it, including the sending of remittances to recipients (together, the "Service"). Do not access or use the Service if you do not agree to be bound by the User Agreement. By accessing and using the Service, you are agreeing to the User Agreement.
As used throughout this User Agreement, the terms “CMTC”, "we", "us", and "our" refer to CMTC, together with its employees, consultants, directors, successors, affiliates, and assignees. The terms "you" and "your" refer to users of the Service, whether in their capacity as Senders, Recipients, or visitors to our websites.
The Service was created to help our customers send money transfers to family and friends. We recommend that you use the Service only to send money to people you know personally. You should never use the Service to send money to strangers.
CONSUMER FRAUD ALERT: PROTECT YOURSELF FROM SCAMS AND FRAUD. Only send Transactions to people you know, safeguard your password, send for yourself and not for others, and use CMTC’s Remittance Transfer Service for legal purposes only. Click here to learn more about sending money safely with CMTC. Please let us know immediately by telephone at (905) 459 2815 if you believe someone is trying to scam or defraud you or if your CMTC username or password has been lost or stolen.
The Service allows people to send money to authorized countries. A "Sender" is someone who uses the Service to send money. A "Recipient" is someone who receives money from a Sender through the Service. The "Recipient Country" is the country in which the Recipient receives money through the Service. A "Transaction" is a specific instruction to send money through the Service. The "Transaction Amount" is the amount that the Sender provides to CMTC to send the Transaction. The "Payout Amount" is the amount paid out to the Recipient, excluding any taxes or charges that may be levied under the laws of the Recipient Country (the "Local Taxes").
Eligible Users: You must be at least eighteen (18) years old to access or use the Service as a Sender. You must be able to form legally binding contracts under applicable law, including local law in the jurisdiction in which you live. Other restrictions may apply. This service is only available to consumer customers.:
Mobile Services: The Service may be accessible via a mobile browser. To the extent you access the Service through a mobile device, your wireless service carrier's standard charges, data rates and other fees may apply.
Not Available to Certain Users: The Service may not be available in whole or in part in different countries and jurisdictions as determined by local laws and regulations. This service is not available to commercial customers. It cannot be used for business, investment or speculation purposes.
If you submit a Transaction, you are requesting that we process your Transaction, an offer which we may accept or reject at our sole discretion from our place of business in Canada.
Charges: For each Transaction that you submit, you agree to pay us a transfer fee (the "Transfer Fee") plus the Transaction Amount. Additional charges may apply. Payment is due at the time your Transaction is submitted for processing. CMTC accepts payment in any currencies If you submit a Transaction that results in CMTC's being charged non-sufficient fund fees, chargeback fees, or other similar fees, you agree to reimburse us for all such fees.
Other Charges: CMTC is not responsible for any fees or charges that may be imposed by the financial institutions associated with your Payment Instruments. For example (without limitation), some credit card issuers may treat the use of your credit card to use the Service as a "cash advance" rather than a purchase transaction and may impose additional fees and interest rates for the transaction. CMTC is not responsible for any non-sufficient funds charges, chargeback fees, or other similar charges that might be imposed on you by your bank, credit card issuer, or other provider.
Foreign Currencies: CMTC and its Service Providers (defined below) may receive a financial benefit when you pay for a Transaction in one currency and the Transaction is paid out in another currency, which is based on the difference between the exchange rate at which we buy foreign currency and the exchange rate provided to you. You agree, when you send a Transaction to a Recipient's bank account, that the bank account is denominated in the same currency as the Transaction (e.g., if your Transaction calls for CMTC to deposit pesos into the Recipient's bank account, then you confirm that the Recipient's bank account is denominated in pesos).
Service Providers: We work with local banks, money exchange houses, and other third-party service providers (each, a "Service Provider") to pay funds out to Recipients. You, in your capacity as a Sender, hereby appoint your Recipient as your agent for the purpose of receiving funds in connection with the Service. We attempt to provide up-to-date information on our websites regarding the location, availability, and hours of our Service Providers. However, you agree that CMTC is not responsible for any inaccurate or incomplete information that may be posted on Service Provider websites.
Verification: Recipients may be required to prove their identity before receiving funds by presenting valid, unexpired identification document(s) from a list of acceptable forms of identification. In addition, Recipients may be required to provide a Transaction number and/or another, similar identifier associated with their Transaction. You give CMTC permission to store all such data, as necessary to provide the Service. Please verify account information and bank details are correct prior to submitting your Transaction because CMTC is not responsible for detecting inaccuracies. If account information and bank details are incorrect, money may not be recovered. Recipients may be charged local taxes and fees by the Recipient Bank at the time of payout, which may be deducted from the amount sent.
General: We may, at any time and in our sole discretion, refuse any Transaction or limit the amount to be transferred, either on a per Transaction basis or on an aggregated basis without prior notice. Any such limits may be imposed on individual accounts, linked accounts, or on related accounts or households, in CMTC’s sole discretion. We reserve the right at any time, and from time to time, to modify or discontinue the Service (or any part thereof) with or without notice.
Delays: Your Transaction may be delayed or cancelled in the course of our efforts to verify your identity, validate your Transaction instructions and Payment Instruments, contact and locate you or your Recipient, and otherwise comply with applicable law. Business hours and currency availability of our Service Providers may also cause delays. Nevertheless, you may be entitled to a refund in certain circumstances, as described below.
Commercial Transactions: The use of the Service for commercial purposes is prohibited. You agree that you will only use the Service to send money to people that you know personally and for personal reasons. If CMTC discovers you are using the Service to purchase goods or services, for investment purposes, or to evade any laws or regulations we may cancel your Transaction(s) and close your account.
Unauthorized Transactions: You may not use the Service in violation of this User Agreement or applicable laws, rules or regulations. It is a violation of the User Agreement to use the Service for commercial purposes, including (without limitation) for purchases of goods or payments for services of any kind. CMTC may cancel any Transaction and close any account that it suspects is being utilized for any of the following activities (without limitation): sexually-oriented materials or services; gambling activities; fraud; money-laundering; funding terrorist organizations; purchase or sale of tobacco, firearms, prescription drugs, or other controlled substances; or sending money to a Recipient that has violated the User Agreement. If you use the Service in connection with illegal conduct or unauthorized transactions on an account, CMTC reserves the right to report you to the appropriate law enforcement agency or agencies.
Ineligibility: Not all Payment Instruments are available to all customers at all times. We may, in our sole discretion, refuse Transactions funded from certain Payment Instruments. We may, at our sole discretion, refuse Transactions from certain Senders and to certain Recipients, including without limitation, entities and individuals that are included on the Specially Designated Nationals list, Non-cooperative Countries and Territories list, and such other lists as may be issued from time to time by the Office of Superintendent of Financial Institution and other government agencies.
Others: You may not submit or receive a Transaction (i) on behalf of any other person, (ii) on behalf of a business or other non-human entity (iii) on behalf of a charitable organization, or (iv) on behalf of any non-governmental organization (NGO). We may, at any time and in our sole discretion, (A) refuse any Transaction, or (B) close multiple accounts held by an individual, persons related to the individual or persons living in the same household as the individual.
Changes: Once your transaction has been submitted, you will have 30 minutes in which to make changes to the Transaction before it is processed. Once the Transaction is processed, no other changes can be made. We rely on the information you provide and it is your responsibility to make sure your Transaction details are accurate before you submit your Transaction for processing.
Restricted Activities: In connection with your use of our websites or the Service, or in the course of your interactions with CMTC, a Sender, Recipient or a third-party and, in addition to other restrictions in this User Agreement, you will not:
Verifying information: You authorize us, directly or through third parties, to make any inquiries we consider necessary to validate the information that you provide to us. This may include asking you for additional information, requiring you to take steps to confirm ownership of your e-mail address or financial instruments, or verifying your information against third party databases or through other sources.
Errors: You have a right to dispute errors in your Transaction. If you think there is an error, contact us within 180 days of the Transaction at (905) 459 2815 or firstname.lastname@example.org. You can also contact us for a written explanation of your rights.
You can cancel for a full refund within 30 minutes of authorizing your transaction. Once your transaction has been processed, you cannot cancel it unless the funds have not been picked up, deposited with, or delivered to the Recipient.
For questions or complaints about CMTC, contact us online, by phone at (905) 459 2815 or by email at email@example.com.
General: Please let us know if you have any problems with the Service. You can contact us using the contact information at the bottom of this User Agreement. To view our Error Resolution and Cancellation Disclosure, please click here.
You acknowledge that the Service, including but not limited to the content of our websites, text, graphics, links, buttons, logos, and images, as well as all other CMTC patents, copyrights, trademarks, trade secrets, service marks, logos, and product and service names are owned exclusively by CMTC (the “CMTC Intellectual Property"). You agree not to display, use, copy, or modify the CMTC Intellectual Property in any manner. You are authorized solely to view and retain a copy of the pages of our websites for your own personal, non-commercial use. You further agree not to: (i) engage in or use any automated devices, data mining, robots, scraping or similar data gathering or extraction methods to access or use the Service; (ii) modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service, in whole or in part, except that the foregoing does not apply to the information that you legally upload to the Service; (iii) remove or alter any author, trademark or other proprietary notice or legend displayed on our websites (or printed pages thereof); or (iv) infringe CMTC's or any third party's copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy.
The technology and software underlying the Service or distributed in connection therewith are the property of CMTC, its affiliates and Service Providers (the "Software"). Subject to the terms and conditions of this User Agreement, CMTC hereby grants you a non-transferable, non-sublicensable and non-exclusive right and license to use the object code of any Software on your device(s) solely in connection with the Service, provided that you agree not to copy (except as expressly provided herein), modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by CMTC.
THE SERVICE AND SOFTWARE, IF APPLICABLE, IS PROVIDED "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES, EMPLOYEES, SUPPLIERS, VENDORS, AND SERVICE PROVIDERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
We make reasonable efforts to ensure that Transactions are processed in a timely manner, but we make no representations or warranties regarding the time needed to complete processing because the Service is largely dependent on many factors outside our control. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary state to state. Notwithstanding the foregoing, you may have a right to a refund as expressly described herein.
You agree to indemnify and hold CMTC, its suppliers, vendors, Service Providers, and their respective subsidiaries, officers, agents, partners, employees, and consultants harmless from any claim or demand, including reasonable attorneys' fees, made by any third-party due to or arising out of your use of the Service, your connection to the Service, your violation of the User Agreement, or your violation of any rights of a third party.
IN NO EVENT SHALL CMTC, ITS SUPPLIERS, VENDORS, SERVICE PROVIDERS, OR THEIR RESPECTIVE SUBSIDIARIES, OFFICERS, AGENTS, PARTNERS, EMPLOYEES OR CONSULTANTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES BEYOND THE SUM OF $1000 (IN ADDITION TO REFUNDING THE TRANSACTION AMOUNT AND TRANSFER FEES), INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF CMTC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM NEGLIGENCE ON THE PART OF CMTC, ITS SUPPLIERS, VENDORS, SERVICE PROVIDERS, OR THEIR RESPECTIVE SUBSIDIARIES, OFFICERS, AGENTS, PARTNERS, EMPLOYEES OR CONSULTANTS.
Governing Law: This User Agreement shall be governed by and construed in accordance with the laws of British Columbia and the federal laws of Canada applicable in British Columbia, and the parties irrevocably submit to and accept generally and unconditionally the exclusive jurisdiction of the courts and appellate courts of British Columbia in that regard.
Disputes with CMTC: If a dispute arises between you and CMTC, our goal is to learn and address your concerns. If we are unable to address your concerns to your satisfaction, we will seek to provide you with a neutral and cost-effective means of resolving the dispute quickly. Disputes between you and CMTC regarding the Service may be reported to Customer Service (See "Contact Information," below).
Arbitration: Any dispute or difference or any controversy or claim arising out of relating to this contract, or the breach thereof, shall be determined by arbitration administered by ICDR Canada in accordance with its Canadian Arbitration Rules.
In order to access and retain Communications, you must have: (i) an Internet browser that supports 128-bit encryption, (ii) an e-mail account and the capability to read e-mail from CMTC, and (iii) a device and Internet connection capable of supporting the foregoing.
Customer Updates: You must promptly update us with any change in your e-mail address and telephone number by updating your profile on our websites. If CMTC does not have correct contact information, CMTC may not be able to notify you with important information or changes in your Transaction status.
Entire Agreement: The User Agreement constitutes the entire agreement between you and CMTC and governs your use of the Service, superseding any prior agreements between you and CMTC.
No Waiver: The failure of CMTC to exercise or enforce any right or provision of the User Agreement shall not constitute a waiver of such right or provision. If any provision of the User Agreement is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give appropriately valid effect to the intention of the User Agreement as reflected in the provision, and the other provisions of the User Agreement shall remain in full force and effect.
Modification: We may modify this User Agreement from time to time without notice to you, except as may be required by law. You can review the most current version of the User Agreement at any time by reviewing our websites. You may terminate your use of the Service if you do not agree with any modification or amendment. If you use the Service after the effective date of an amendment or modification, you shall be deemed to have accepted that amendment or modification. You agree that you shall not modify this User Agreement and acknowledge that any attempts by you to modify this User Agreement shall be void.
Language: In the event there is any inconsistency between the English and any other language text on our websites, including the User Agreement, the English text shall be binding.
Your security and the integrity of your account is a top priority and CMTC works hard to make sure that your information is secure. CMTC is a safe and convenient way to send money to family members and to other people that you trust. However, scams and fraudsters are abundant and we urge you not to send money to anyone that you do not know personally. In particular, you should be cautious of deals or offers that seem too good to be true. If you think you have been or might be a victim of fraud, please contact us immediately by telephone at (905) 459 2815.
If you are aware of anyone or any entity that is using the Service inappropriately, please e-mail us at firstname.lastname@example.org.
If you receive any fake (phishing) e-mails purporting to be from CMTC, please forward them to us at email@example.com.
Questions, notifications, and requests for refunds or further information can be sent to CMTC, as follows: Email: firstname.lastname@example.org , Phone: (905) 459 2815.
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