1.1 These terms and conditions ("Terms and Conditions") govern the terms under which you may access and use the website (and for the purpose of these Terms and Conditions “website” will include our App (where applicable) and the services associated with it (together, the "Service"). By accessing, registering with and using the Service, you agree to be bound by the terms of the Terms and Conditions. If you do not wish to be bound by the Terms and Conditions do not access, register with or use the Service. The language of these Terms and Conditions is English and all Services, instructions and transactions carried out in connection with it shall be in English.
1.2 In these Terms and Conditions, the terms "VaulRemit", "we", "us", and "our" refer to:
1.2.1 if you are based in Alberta, Ontario, Manitoba, Nunavut, British Columbia, Saskatchewan, Northwest Territories or Yukon: VaultRemit , a company registered in Canada with corporation number 1128306-5, with its registered office at 1006 – 233 Robson Street, Vancouver, BC, registered with FINTRAC under no M19896563;
in each case together with the relevant company’s employees, directors, affiliates, successors, and assigns.
1.3 The terms "you" and "your" refer to users of the Service, as Senders, Recipients, other users or visitors to the website.
1.4 These Terms and Conditions are effective from the date on which you first access, register or use the Service. The Terms and Conditions may change from time to time as set out in clause 17.3 of these Terms and Conditions.
1.5 The Service was created: (a) to assist customers to send money to their family and friends, and to receive money from family and friends, around the world; and (b) to offer customers the ability to credit a mobile phone account with Airtime Top Up (c) pay for services such as electric bills, DSTV etc. For security reasons, we recommend that you only send money or Airtime Top Up through the Service to people you know personally. You must not use the Service to send money or Airtime Top Up to strangers, for example sellers of goods and/or services, whether private or retail.DEFINITIONS
In these Terms and Conditions:
"App" means VaultRemit’s mobile application for (a) the sending of Payment Requests and/or Transaction Requests, and/or, where available, (b) the use of the VaultRemit Wallet.
"Airtime Top Up" means credit, which is added to a mobile phone account, which can be used to make calls, send text or picture messages and use data, that is purchased by the Sender and credited to the Payee’s mobile phone account typically within a few seconds.
"Business Day" means any day on which we are open for business for the execution of Transaction Requests and/or Payment Requests.
"Destination Country" means the country in which the Payee receives money or Airtime Top Up through the Service.
"E-money" means electronically stored monetary value as represented by a claim of a Wallet holder on us which is issued on receipt of funds by us on your behalf.
"Instruction" means a Payment Request and/or a Transaction Request.
"Local Taxes" means any taxes or charges payable in the Destination Country.
"Payee" means someone who receives money, E-money or Airtime Top Up through the Service.
"Payment Instrument" means a valid instrument of payment such as a bank account, debit card or credit card.
"Payment Request" means a specific instruction from you to a Sender requesting a Transaction.
"Payout Amount" means the amount paid out, after any foreign exchange conversion, to the Payee’s account exclusive of the Service Fee.
"Prohibited" means activities which involve narcotics, steroids, pharmaceuticals, chemicals, drug paraphernalia, tobacco, seeds, plants, animals, military or semi-military goods or services, weapons (including dual-use goods), adult services or content, binary options or gambling services or any other activities that are prohibited by VaultRemit’s policies as amended from time to time.
(a) a Payee; or
(b) in the event that you are using the Service to send a Payment Request, someone who receives the Payment Request.
"Sender" means someone who uses the Service to send money, E-money or Airtime Top Up.
"Services" means any or all of the following services:
(a) Money Transfer;
(b) Digital Money Account;
(c) Airtime Top Up.
"Service Fee" means VaultRemit’s fee plus any additional charges or Local Taxes applicable to each Transaction, which VaultRemit may charge, in its sole discretion in accordance with applicable laws, as may be described in these Terms and Conditions, and on the VaultRemit website from time to time.
"Service Provider" means a local bank, money exchange house, or other third party service providers (e.g. mobile network operators) in the Destination Country with whom VaultRemit works to provide the Service.
"Transaction" means the transfer of money, E-money or Airtime Top Up through the Service, as the case may be.
"Transaction Amount" means the amount of money, E-money or the value of the Airtime Top Up that the Sender wishes to send to the Payee as a Transaction, excluding any applicable Service Fee and prior to any foreign exchange conversion.
"Transaction History" means the record of your Transactions on our website which you may access using your email and password registration details.
"Transaction Request" means a specific instruction from you requesting us to send money or AirTime Top Up to a Payee through the Service.
"Wallet holder" means a person who resides in a country in which the VaultRemit Wallet is available and has a VaultRemit Wallet within the App.
"VaultRemit Wallet" means a function in the App which stores E-money in a non-interest bearing account maintained by us for a Wallet-holder, and which provides such features as we may make available from time to time. These features may include (without limitation) the ability to:
(a) see the balance of E-money held in that VaultRemit Wallet;
(b) load additional E-money into that VaultRemit Wallet; and
(c) give instructions for E-money to be paid out of that VaultRemit Wallet.
The VaultRemit Wallet is only available for use in a limited number of countries.OUR OBLIGATIONS
3.1 Subject to these Terms and Conditions, we are committed to deliver our services with utmost attention and precision. You acknowledge that the Service may not be available, in whole or in part, in certain regions, countries, or jurisdictions.
3.2 We are not obliged to process any particular Transaction. When you submit a Transaction Request, you are requesting that we process the Transaction on your behalf and consenting to the execution of the Transaction. We may, in our sole discretion, choose whether or not to accept the offer to process that Transaction. If we decide not to process the Transaction, we will notify you promptly of that decision and repay to you the Transaction Amount received by us, provided that we are not prohibited by law from doing so. If we choose to proceed with the Transaction we may still suspend or cancel it in our discretion.
3.3 VaultRemit reserves the right to modify or discontinue the Service or any part of the Service without notice, at any time and from time to time.
3.4 We may, in our absolute discretion, refuse any Transaction Request (as further detailed in clause 5) or impose limits on the Transaction Amount. We may do so either on a per Transaction basis or on an aggregate basis, and either in respect of one set of registration details or one Payment Instrument or on related sets of registration details or Payment Instruments. We reserve the right, in our sole and absolute discretion, to change the Payment Instruments that we accept, at any time.
3.5 Delivery times quoted on our service levels or elsewhere on our website are representative for the “normal” / average service and are not a guarantee of an individual Service or Transaction time.
3.6 We will attempt to process Transactions promptly, but any Transaction may be delayed or cancelled for a number of reasons including but not limited to: our efforts to verify your identity; to validate your Transaction instructions; to contact you; or due to variations in business hours and currency availability; or otherwise to comply with applicable law.
3.7 We may send and receive notifications in relation to Transactions by email and SMS. We will provide you with information after receipt of a Transaction Request enabling you to identify the Transaction, along with details of the amount of the Transaction in the currency used in the Transaction Request, our Service Fee, exchange rate and the date on which the Transaction Request was received.
3.8 We will attempt to provide Senders and Recipients with up to date information regarding the location and opening hours of our Service Providers by means of information on our website. However, you agree that VaultRemit shall not be held responsible for any inaccuracies that may appear in that information or any consequential loss which may result from incorrect or incomplete information.YOUR OBLIGATIONS
4.1 You agree that:
4.1.1 you will not access, use or attempt to use the Service to provide any Instructions unless you are at least 18 years old, and that you have the legal capacity to form a binding legal contract in any relevant jurisdiction;
4.1.2 for each Transaction Request that you submit, you will pay us the stated Service Fee in addition to the Transaction Amount. Payment becomes due at the time that you submit your Transaction Request. To the maximum extent permitted by law, the Service Fee is non-refundable unless expressly stated in these Terms and Conditions. If you submit a Transaction Request that results in VaultRemit becoming liable for charges including but not limited to chargeback or other fees, you agree to reimburse us for all such fees;
4.1.3 we may apply a convenience fee for processing credit cards in certain jurisdictions at our discretion. If we charge such a convenience fee, it will be disclosed to you prior to your submission of the applicable Transaction Request;
4.1.4 you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Service or any Instruction being conducted through the Service;
4.1.5 in connection with your registration and use of the Service, you will:
(a) provide us with true, accurate, current and complete evidence of your identity, and promptly update your personal information if and when it changes;
(b) provide us with any identity documentations as may be requested by us;
(c) provide us with details of one or more Payment Instruments;
(d) provide us with true, accurate, current and complete information as we indicate on the website is required to receive the Service and any other information which may be required in relation to the Recipient;
(e) provide us with:
(i) any other information that must be provided for a Transaction Request to be properly executed, as specified when you enter the details of the Transaction you are interested in on our website; and
(ii) such information relating to the Transaction as detailed in clause 5.4.
4.2 We do not accept any liability for loss or damages to you or any third party resulting from non-payment or delay in payment of a Payout Amount to a Payee or failure to perform any Instruction under the Service if you are in breach of your obligations listed in clause 4.1.
4.3 When you are using the Service under these Terms and Conditions, it is your responsibility to make sure all the details are accurate before submission. Once a Transaction Request has been received it is not normally possible to change any details of that Transaction Request. You will be given the opportunity to confirm Transaction Requests before submission and you must check the details carefully.
4.4 The total amount (the Transaction Amount, Service Fee and other applicable fees and charges) that you will be required to pay and the relevant exchange rate will be displayed clearly before you are asked to confirm your Transaction and proceeding with the Transaction at this point is entirely optional.
4.5 When you pay a Transaction Amount in one currency and the Payout Amount is in another currency, there will be a difference between the exchange rate at which we buy foreign currency and the exchange rate provided to you. VaultRemit and its Service Providers usually make a small profit in these circumstances. We guarantee you the Payout Amount in local currency. The margin taken on foreign currency exchange covers our risk in guaranteeing this. If a Payee’s account is denominated in a currency other than the currency you instructed us to make payment in there may be delays, additional charges or different exchange rates. The Sender is therefore responsible for ensuring that the currency requested for the Transaction matches the currency of the account where the funds are to be delivered.
4.6 VaultRemit will have no responsibility for any fees or charges you may incur by the use of a particular Payment Instrument to fund a Transaction. These may include but are not limited to unauthorised overdraft fees imposed by banks if there are insufficient funds in your bank account or "cash advance" fees and additional interest which may be imposed by credit card providers if they treat use of the Service as a cash transaction rather than a purchase transaction. It is your responsibility to consult your financial institution for information regarding any such fees or charges.
4.7 You will only use the Service to send a Transaction Amount to people that you know personally and not to pay for goods or services from third parties you do not know and trust. You acknowledge that VaultRemit may refuse to process your Transaction Request where we believe you are using the Service to purchase goods or services from third parties you do not know and trust or where we believe that the Service is being used, by you or the Recipient, in furtherance of fraudulent, illegal or Prohibited activities, or in violation of these Terms and Conditions. If you choose to pay third parties for goods and services using the Service, you acknowledge that VaultRemit has no control over, and is not responsible for, the quality, safety, legality, or delivery of such goods or services and that any such use of the Service is entirely at your own risk.
4.8 Both you and the Recipient will only act on your own behalf. You may not submit an Instruction or receive a Transaction on behalf of a third person. If you intend to submit an Instruction or receive a Transaction on behalf of a third person, you must first inform VaultRemit of your desire to do so and provide us with any additional information about the third person we may request in order that we may decide whether to permit the Instruction or Transaction.
4.9 In using the Service you will comply with these Terms and Conditions as well as any applicable laws, rules or regulations. It is a breach of these Terms and Conditions to use the Service to send Transaction Amounts: (i) to a Payee who has violated the Terms and Conditions, or (ii) in connection with illegal activity including but not limited to money-laundering, fraud and the funding of terrorist organisations. If VaultRemit reasonably believes you are using the Service in connection with an illegal activity or for any fraudulent purpose, or are permitting a third party to do so, in addition to any actions it may take under these Terms and Conditions, VaultRemit may report you to the appropriate legal authorities.
4.10 When using our website or the Service or when interacting with VaultRemit, with another user or with a third party, you will not:
4.10.1 breach these Terms and Conditions, or any other agreement between you and VaultRemit;
4.10.2 create more than one registration without our prior written permission;
4.10.3 provide false, inaccurate, or misleading information;
4.10.4 allow anyone else access to your registration details, and you will keep those details safe and secure;
4.10.5 refuse to provide confirmation of any information you provide to us, including proof of identity, or refuse to co-operate in any investigation;
4.10.6 use an anonymising proxy or device (including without limitation any tool that attempts to make activity untraceable); or
4.10.7 copy or monitor our website or any part of the Services using any robot, spider, or other automatic device or manual process, without our prior written permission.
4.11 You acknowledge that nothing in these Terms and Conditions or in any other information provided by VaultRemit as part of the Service is intended to be, nor should it be construed to be, legal or other advice. If required, you agree to consult your own professional advisers as to the effects of Canadian or foreign laws which may apply to the Service.OUR RIGHT TO REFUSE, SUSPEND OR CANCEL
5.1 We may refuse any Transaction Request, Payment Request or Transaction at any time for any reason (or cancel it where relevant). Notwithstanding this, we set out here some examples of when that may occur.
5.1.1 We may, in our absolute discretion, refuse or cancel Transaction Requests, Payment Requests or Transactions where we believe that the Service is being used, whether by you or the sending/receiving party, in furtherance of illegal, fraudulent or Prohibited activities.
5.1.2 We may, in our absolute discretion, refuse or cancel Transaction Requests, Payment Requests or Transactions to or from certain Senders or to or from certain Payees, including but not limited to entities and individuals on, or in jurisdictions on, restricted or prohibited lists issued from time to time by any government authorities, if we are required to do so by law, or where we have reason to believe processing the Transaction Requests would violate anti-money laundering or counter-terrorism financing laws and regulations. We may refuse to process a Transaction funded from certain Payment Instruments where we have reason to believe the security of the Payment Instrument has been compromised or where we suspect the unauthorised or fraudulent use of the Payment Instrument.
5.1.3 We may, in our absolute discretion, refuse or cancel Transaction Requests or Transactions if VaultRemit believes you are using the Service to purchase goods or services from third parties you do not know or trust.
5.1.4 We may, in our absolute discretion, refuse or cancel Transaction Requests, Payment Requests or Transactions if:
(a) VaultRemit is unable to verify your identity;
(b) VaultRemit is unable to verify the identity of the Recipient;
(c) You do not comply with an information request(s) pursuant to clause 5.4; or
(d) VaultRemit reasonably believes you are using the Service, or allowing it to be used, in breach of these Terms and Conditions or any applicable laws, rules or regulations.
5.2 Where VaultRemit has refused or cancelled a Transaction Request, Transaction or Payment Request, VaultRemit may also, at its discretion, temporarily or permanently suspend your Registration.
5.3 Where VaultRemit temporarily or permanently suspends your Registration, or refuses or cancels a Transaction Request, Payment Request or a Transaction in accordance with this clause 5, VaultRemit reserves the right to retain any Service Fees already incurred.
5.4 In order to comply with our obligations under relevant laws, we reserve the right to ask for further information or evidence relating to the purpose of a Transaction, as well as your identity and that of the Recipient.YOUR RIGHT TO CANCEL; REFUNDS
6.1 To the extent permitted by law, once we have received your Instruction, you do not have the automatic right to revoke it.
6.2 Notwithstanding clause 6.1 above, VaultRemit may, in its absolute discretion, attempt to cancel your Instruction if you have informed us that you wish to revoke it. In some cases, VaultRemit may have initiated an irreversible request for funds to be paid out to your Payee by a Service Provider and therefore cannot guarantee cancellation will be successful. For successful revocations VaultRemit will normally refund your money, less any reasonable revocation charges and any Service Fees already charged, within four (4) Business Days.
6.3 If you:
6.3.1 have any problems using the Service; or
6.3.2 are aware of any unauthorised or incorrectly executed Transactions;
you should contact us through the channels listed at the end of these Terms and Conditions without delay and in any event no later than 13 months after the date the Transaction Amount was debited, upon becoming aware of the unauthorised or incorrectly executed Transaction. A request for a refund must be submitted in writing (including by email) to one of the contact points listed at the bottom of these Terms and Conditions, giving the Sender's full name, address, and phone number, together with the Transaction tracking number, Transaction Amount, and the reason for your refund request.
6.4 If we have executed the Transaction in accordance with the instructions you have provided to us, and that information proves to have been incorrect, we are not liable for the incorrect execution of the Transaction. We will however make reasonable efforts to recover the funds. We may charge you a reasonable fee, reflective of our efforts, to do so.
6.5 Where VaultRemit has executed the Transaction otherwise than in accordance with your Instruction, subject to clause 11.2, VaultRemit will refund the full amount debited. Unless there are exceptional circumstances, no adjustment will be made for any currency fluctuations which may have occurred between the time you pay us the Transaction Amount and the time of credit.
6.6 Any refunds will be credited back to the same Payment Instrument used to fund the Transaction and in the same currency.AIRTIME TOP UP
7.1 To send Airtime Top Up, you agree to comply with and undertake the provisions set out in these Terms and Conditions and this clause 7.
7.2 The Airtime Top Up service shall only be provided to you by us in respect of the mobile phone operators available on the website, which are subject to change and availability.
7.3 You will be required to input the mobile phone number to which any Airtime Top Up is to be credited into the appropriate space on the website or App. It is your responsibility to ensure that you have correctly inputted the mobile phone number. You will then be required to select the amount of Airtime Top-Up that you wish to credit that mobile phone number with.
7.4 When sending an Airtime Top Up, you will be asked to enter the Payee’s phone number twice. This is a unique identifier required to ensure that Airtime Top Up is not sent to the wrong person because of a mis-typed number. However, if you enter the wrong number twice, the transfer will go ahead and there is no way to reclaim or redirect the Airtime Top Up once the Transaction Request has been processed by us.
7.5 You are responsible for checking carefully with the Payee that you have their correct phone number.
7.6 The cost of Airtime Top Up will vary depending on the amount of Airtime Top Up that you wish to send to your friend or family member and according to the denominations displayed on the website or App.
7.7 The total amount (the Transaction Amount and our Service Fee) that you will be required to pay will be displayed clearly on the website or App before you are asked to confirm your Transaction and proceeding with the Transaction at this point is entirely optional.
7.8 A number of countries around the world have chosen to apply taxes to incoming Airtime Top Ups. When sending to a Payee in these countries, the corresponding deduction will be made from the Transaction Amount, meaning the Payee will get a lower amount of Airtime Top Up.
7.9 If the Payee you are sending to is in a country which does deduct taxes from Airtime Top Ups, you will see information about the rate on the VaultRemit service or App before completing the transfer.
7.10 The Airtime Top Up is typically sent within a few seconds by us to the mobile phone number you provide upon successful payment by you. Occasionally, there may be a short delay before the relevant mobile operator applies the Airtime Top Up to the mobile phone number e.g. due to congestion on the local mobile network. If you have questions about a longer delay, please contact us here.
7.11 You agree and understand that we only act on your authorisation to send Airtime Top Up and the relevant mobile operator shall be solely liable to you and the Payee of the Airtime Top Up for the provision of mobile services related to the Airtime Top Up. Once the Airtime Top Up is sent to a mobile phone number, it cannot be refunded or removed from the phone. To stop a mistake from happening, we ask you to ensure that the number you have entered is correct.
7.12 You acknowledge that you will lose the right to cancel the Airtime Top Up once the Airtime Top Up service has been fully performed by us. Accordingly, you will have no right to request a refund under the European Union (Consumer Information, Cancellation and Other Rights) Regulations 2013, or any other applicable law.
7.13 Please note that VaultRemit has absolute discretion to limit the number of Airtime Top Ups that can be performed or the maximum value of Airtime Top Ups (the latter typically due to mobile operator restrictions) over a given period of time e.g. daily, weekly, monthly.
7.14 Other limits and exclusions related to Airtime Top Ups or the use of the website may be applicable. You will be notified through the website or by email of these additional limitations should they exist or come into existence.PAYMENT REQUEST
8.1 You agree that you will not send Payment Requests to strangers i.e. people you do not know personally.
8.2 You acknowledge that the Service may not be available, in whole or in part, in certain regions, countries, or jurisdictions.
8.3 We are not obliged to process any particular Payment Request. When you submit a Payment Request, you are requesting that we process the Payment Request on your behalf and consenting to us contacting the Sender for these purposes. You acknowledge and agree that, when we send a Payment Request by SMS text message to a Sender on your behalf, we may use the mobile telephone number associated with your account for this purpose (i.e. the Payment Request we send will show as being sent from your mobile telephone number). We may, in our sole discretion, choose whether or not to process that Payment Request, or impose limits on Payment Requests. In particular, we may, in our absolute discretion, refuse Payment Requests and/or suspend or cancel your account with us where (i) you are in breach of clause 4, and/or any other provision of these Terms and Conditions, (ii) we believe that the Service is being used, whether by you or the Sender, in furtherance of illegal, fraudulent or Prohibited activities, or (iii) we are required to do so by law (including applicable anti-money laundering and counter-terrorism legislation) or (iv) we are unable to verify either your identity or that of the Sender.
8.4 All Transactions that result from a Payment Request will be handled in accordance with these Terms and Conditions, which the Sender will need to accept prior to any Transaction proceeding.
8.5 Cancellation of Payment Requests. Once we have received your Payment Request, you may not cancel it. In such circumstances you would need to contact the Sender separately, and explain that you require the Payment Request to be treated as cancelled. Please therefore ensure that your Payment Requests are legitimate, accurate and complete.
8.6 Cancellation of Transactions. The cancellation of Transactions shall be governed by, and dealt in accordance with these Terms and Conditions. You shall assist and co-operate with us in relation to all cancellation requests we receive from Senders after a Transaction has been initiated following your Payment Request. You shall, upon request from us, promptly refund to us or a third party of our choice (including the Sender) all monies you receive from Transactions where we reasonably believe that such Transactions have resulted from your use of the Services in contravention of these Terms and Conditions.COLLECTION OF INFORMATION AND CONFIDENTIALITY
9.1 Customer Identification Program. Applicable Canadian federal and provincial law requires all financial institutions to assist in the fight against money laundering activities and the funding of terrorism by obtaining, verifying, and recording identifying information about all customers. We may therefore require you to supply us with personal identifying information relating to you and the Recipient and we may also legally consult other sources to obtain information about you and the Recipient.
9.2 Verification and Checks. We will verify your residential address and personal details in order to confirm your identity. We may also pass your personal information to a credit reference agency, which may keep a record of that information. Be assured that this is done only to confirm your identity, and that we do not perform credit checks and therefore your credit rating will be unaffected. We may also need to verify the identity of a Recipient in the same way. All information provided by you will be treated securely and strictly in accordance with the applicable law. By accepting these Terms and Conditions you authorise us to make any inquiries we consider necessary to validate the information that you provide to us. We may do this directly, for example by asking you for additional information, or requiring you to take steps to confirm ownership of your Payment Instruments or email address; or indirectly, for example by verifying your information against third party databases or through other sources.
9.5 Recipient Information. VaultRemit may, as necessary in providing the Service, store all information required of a Recipient to prove his or her identity or associated with their specific Instruction. Such proofs may include a suitable form of valid, unexpired identification from a list of acceptable papers provided by the Service Provider, and/or a transaction tracking number, a personal identification number (PIN), a "password", a "secret word", or other similar identifiers.
9.6 Confidentiality. You agree to keep any document, correspondence, information or other material that you receive from us and which may be of a confidential nature, whether in or hard copy or electronic format, strictly confidential, and not to disclose any such material without VaultRemit’s prior written consent, unless otherwise expressly provided in such material or unless you are expressly required to disclose such material under applicable law or regulation.INTELLECTUAL PROPERTY
10.1 The VaultRemit website and the VaultRemit Service, the content, and all intellectual property relating to them and contained in them (including but not limited to copyrights, patents, database rights, trademarks and service marks) are owned by us, our affiliates, or third parties. All right, title and interest in and to the VaultRemit website and the Service shall remain our property and/or the property of such other third parties.
10.2 The VaultRemit website and the VaultRemit Service may be used only for the purposes permitted by these Terms and Conditions or described on the website. You are authorised solely to view and to retain a copy of the pages of the VaultRemit website for your own personal use. You may not duplicate, publish, modify, create derivative works from, participate in the transfer or sale of, post on the internet, or in any way distribute or exploit the VaultRemit website, the VaultRemit Service or any portion thereof for any public or commercial use without our express written permission. You may not: (a) use any robot, spider, scraper or other automated device to access the VaultRemit website or the VaultRemit Service; and/or (b) remove or alter any copyright, trademark or other proprietary notice or legend displayed on the VaultRemit website (or printed pages of the website). The name “VaultRemit” and other names and indicia of ownership of VaultRemit's products and/or services referred to on the VaultRemit website are our exclusive marks or the exclusive marks of other third parties. Other products, services and company names appearing on the website may be trademarks of their respective owners, and therefore you should not use, copy or reproduce [MOU1] them in any way.WARRANTIES AND LIABILITY
11.1 Where we have materially breached these Terms and Conditions causing a Sender loss, we will refund the Sender the Transaction Amount and the Service Fee.
11.2 If a Transaction is delayed or fails, or if an executed Transaction is not authorised, you may have a right to receive a refund or compensation under laws relating to the provision of international money transfer services. In the case of any unauthorised or incorrectly executed Transaction, any such right may be prejudiced if you do not notify us of the unauthorised or incorrectly executed Transaction without delay, or in any event within thirteen months after the debit date. We will provide you with the further details of your rights to a refund or compensation if you contact us using the contact details at the end of these Terms and Conditions.
11.3 Any claim for compensation made by you must be supported by any available relevant documentation.
11.4 To the maximum extent permitted by applicable law, if any loss that you suffer is not covered by a right to payment under the laws referred to in clause 11.2, and subject to the applicable law, we will only accept liability for that loss up to a limit which is the greater of: (a) the amount of any Service Fee and (b) CAD500, unless otherwise agreed by us in writing. The cap on our liability only limits a claim for loss arising out of any single Transaction or series of related Transactions, or (if a loss does not arise out of a Transaction or related Transactions) any single act, omission or event or related acts, omissions or events. This means that if, for example, you suffer loss by reason of our failure to perform our agreement with you under two unrelated Transactions, you might be able to claim up to CAD1,000.
11.5 Subject to applicable law, we do not, in any event, accept responsibility for:
11.5.1 any failure to perform the Service (e.g. your Instruction) as a result of circumstances which could reasonably be considered to be due to abnormal and unforeseen circumstances or outside our control or due to our obligations under any applicable laws, rules or regulations;
11.5.2 malfunctions in communications facilities which cannot reasonably be considered to be under our control and that may affect the accuracy or timeliness of messages you send to us;
11.5.3 any losses or delays in transmission of messages arising out of the use of any internet or telecommunications service provider or caused by any browser or other software which is not under our control; or
11.5.4 errors on the website or with the Service caused by incomplete or incorrect information provided to us by you or a third party.
11.6 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT ANY REPRESENTATIONS, CONDITIONS OR WARRANTIES WHATSOEVER. VAULTDREMIT EXPRESSLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL OTHER REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, NON-INTERFERENCE AND/OR QUIET ENJOYMENT, SYSTEM INTEGRATION, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND ACCURACY.
11.7 Nothing in this clause 11 shall (a) exclude or limit liability on our part for death or personal injury resulting from our negligence; or (b) exclude our liability for fraud.
11.8 Where you are sending a Transaction Amount to a Payee who is not registered with us, you agree to accept the provisions of this clause 11 not only for yourself, but also on behalf of the Payee.
11.9 Your relationship is with the applicable VaultRemit entity as identified in section 1.2 only. You agree that no other VaultRemit entity, or affiliate or agent of VaultRemit owes you any duty of care when performing a task which would otherwise have to be performed by the applicable VaultRemit entity under its agreement with you.
11.10 You understand and acknowledge that you are liable for all losses incurred in respect of an unauthorised Transaction or Instruction or any other unauthorised use of the Service, where you have acted fraudulently or negligently and you agree to be responsible for and hold harmless VaultRemit, our subsidiaries, affiliates, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders from all loss, damage, claims, actions or demands, including reasonable legal fees, arising out of your use or misuse of the website or Service, all activities that occur under your password or account e- mail login, your violation of these Terms and Conditions or any other violation of the rights of another person or party.USE OF THE APP AND SERVICES
12.2 Except as expressly set out in these Terms and Conditions or as permitted by any local law, you agree:
12.2.1 not to copy the Services, including without limitation, the App (except where such copying is incidental to normal use of the Services, or where it is necessary for the purpose of back-up or operational security); and
12.2.2 not to rent, lease, sub-license, loan, alter, translate, merge, adapt, vary or modify the Services, including without limitation, the App.
12.3 You acknowledge that the Services, including without limitation, the App have not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the Services, including without limitation, the App meet your requirements.
12.4 We only supply the Services, including without limitation, the App for domestic and private use. You agree not to use the Services, including without limitation, the App for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. Specifically (but without limitation), we do not accept any liability for loss or damages to you or any third party resulting from any delay in us processing an Instruction or refusal by us to execute a Transaction pursuant to these Terms and Conditions.
12.5 The App is provided to you free of charge and as a result no representations, conditions, warranties or other terms of any kind are given in respect of the App, and all statutory warranties and conditions are excluded to the fullest extent possible under applicable law.
12.6 In relation to your use of the website and the App, we do not, in any event, to the extent permitted by law, accept responsibility for:
12.6.1 any failure to perform the Services, or any losses or delays in the transmission of messages, due to circumstances outside our control or due to our obligations under any applicable laws, rules or regulations;
12.6.2 malfunctions in communications facilities which cannot reasonably be considered to be under our control and that may affect the accuracy or timeliness of messages we send to one another;
12.6.3 errors in the website, App or with the Service caused by incomplete or incorrect information provided to us by you or a third party; or
12.6.4 any loss or damage you suffered by you as a result of you using our App on a ’jailbroken’, ‘rooted’ or otherwise modified device.USE OF THE VAULTREMIT WALLET
13.1 Where the VaultRemit Wallet is available in your country of residence, it is set up by either (a) registering for VaultRemit within the App or (b) logging into the App after registering on the website and then taking the additional step of verifying your phone number (or other additional steps as we may later deem necessary).
13.2 A Wallet-holder can load E-money on to their VaultRemit Wallet using the App, or by using such other methods as we may make available from time to time.
13.3 Where a Sender has elected to credit E-money to a VaultRemit Wallet of a Payee (who resides in a country where the VaultRemit Wallet is available) by performing a Transaction, the E-money will be credited as follows:
13.3.1 where the Payee has a VaultRemit Wallet, the E-money will be credited to their VaultRemit Wallet once the Transaction has been processed. An SMS will be sent to the Wallet-holder's mobile, informing the Wallet-holder that E-money has been credited to their VaultRemit Wallet; or
13.2.2 where the Payee does not have a VaultRemit Wallet, the E-money will be held either by us or to our order for a maximum of sixty (60) days and an SMS will be sent to the Payee's mobile, informing them to set up the VaultRemit Wallet. If the Payee does not set up the VaultRemit Wallet within sixty (60) days from the date of the Transactions, VaultRemit reserves the right to cancel the Transaction and refund the E-Money to the Sender.
13.3 E-money held in the VaultRemit Wallet can only be denominated in British pound sterling (GBP), US dollars (USD) or such other currency as we may specify from time to time.
13.4 E-money held in the VaultRemit Wallet will not earn any interest, as it is a cash-equivalent and not a deposit.
13.5 The Wallet-holder can utilise E-money stored in their VaultRemit Wallet by making a Transaction Request (including by initiating a Transaction to themselves as Payees), or by using such other methods as we may make available from time to time.
13.7 We may from time to time specify:
13.7.1 the minimum amount of E-money that can be loaded on to a VaultRemit Wallet at any one time;
13.7.2 the maximum amount of E-money that can be loaded on to a VaultRemit Wallet at any one time; and/or
13.7.3 the maximum amount of E-money that can be held in a VaultRemit Wallet at any time.
13.8 E-money that we describe as being "held" in a VaultRemit Wallet is a record of the balance of cash-equivalent value that the Wallet-holder is entitled to receive from us. It does not represent a loan arrangement or any other form of credit. It is also not a deposit. This means it is not protected under any deposit protection scheme that may exist in the Wallet-holder’s country. Where required by law, the money will be held by us for the Wallet-holder's benefit in a segregated account in a bank in the Wallet-holder’s country.
13.9 The Wallet-holder cannot transfer the VaultRemit Wallet, or any of the Wallet-holder's rights in the VaultRemit Wallet, to any other person. The Wallet-holder cannot grant any charge or other security over E-money held in the VaultRemit Wallet.ELECTRONIC COMMUNICATIONS
14.1 You acknowledge that these Terms and Conditions shall be entered into electronically, and that the following categories of information ("Communications") may be provided by electronic means:
13.1.1 these Terms and Conditions and any amendments, modifications or supplements to it;
13.1.2 your records (e.g. of transactions) through the Service;
13.1.3 any initial, periodic or other disclosures or notices provided in connection with the Service, including without limitation those required by law;
13.1.4 any customer service communications, including without limitation communications with respect to claims of error or unauthorised use of the Service; and
13.1.5 any other communication related to the Service or VaultRemit.
14.2 The Service does not allow for Communications to be provided in paper format or through other non-electronic means. You may withdraw your consent to receive Communications electronically, but if you do, your use of the Service shall be terminated. In order to withdraw your consent, you must contact us using our contact information at the end of these Terms and Conditions.
14.3 In order to access and retain Communications, you must have or have access to the following:
14.3.1 an internet browser that supports256 – bit such as Internet Explorer version 8.0 or above;
14.3.2 an e-mail account, e-mail software capable of interfacing with VaultRemit's e-mail servers and the capability to read e-mail from VaultRemit, and a device and internet connection capable of supporting the foregoing; and
14.3.3 sufficient electronic storage capacity on your electronic device’s hard drive or other data storage unit; or
14.3.4 a printer that is capable of printing from your browser and e-mail software.
14.4 In addition, you must promptly update us with any change in your email address by updating your profile at http://www.vaultremit.com.TERMINATION
15.1 You may terminate these Terms and Conditions on one month’s written notice. We may terminate these Terms and Conditions upon two months’ notice, except as provided for in clause 15.2.
15.2 We may terminate these Terms and Conditions with immediate effect if you:
15.2.1 become, or we reasonably believe or become aware you are likely to become, insolvent or are declared bankrupt;
15.2.2 are in breach of any provision of these Terms and Conditions;
15.2.3 use the Service or the website in a way that is disruptive to our other customers, or you do anything which in our opinion is likely to bring us into disrepute;
15.2.4 through any means of communication intimidate, harass or threaten VaultRemit or its employees with violence, property damage or any other offensive, indecent or hateful material;
15.2.5 breach or attempt to breach the security of the website (including but not limited to: modifying or attempting to modify any information; unauthorised log-ins, unauthorised data access or deletion; interfering with the service, system, host or network; reverse engineering of any kind; spamming; hacking; falsifying data; introducing viruses, Trojan horses, worms or other destructive or damaging programs or engines; or testing security in any way); or
15.2.6 are, in VaultRemit’s reasonable belief, using the Service in connection with fraudulent, illegal or activity, or permitting a third party to do so.
15.3 Where these Terms and Conditions are terminated and a Wallet-holder still holds money in a VaultRemit Wallet, the Wallet-holder will be entitled to take the money out of the VaultRemit Wallet using any of the methods set out in clause 13 for a period of six years following the date of termination (or such longer period as may apply under the laws of the Wallet-holder’s country). If the Wallet-holder does not take the money out of the VaultRemit Wallet within that period, the money will cease to be the Wallet-holder's property and will be forfeited to us.COMPLAINTS
16.1 If you wish to make a complaint about any aspect of the VaultRemit service, please send your complaint in writing to the address shown on the Contact Us page of our website.
16.2 We will acknowledge receipt of your complaint promptly. We will investigate your complaint and come back to you with the results of our investigation as soon as feasible after the receipt of our acknowledgement of your complaint.GENERAL
17.1 Governing law: For users who are NOT residents in the province of Quebec, this Agreement will be governed by Ontario law and the federal laws of Canada applicable therein, and the parties submit to the exclusive jurisdiction of the courts located in the province of Ontario. For users who are residents in the province of Quebec, this Agreement will be governed by Quebec law, the federal laws of Canada applicable therein, and the parties submit to the exclusive jurisdiction of the courts located in the province of Quebec.
17.2 No Waiver: The failure of VaultRemit to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision.
17.3 Modification: Subject to applicable law, we may modify any or all of these Terms and Conditions from time to time without notice to you, except as may be required by law or as we determine appropriate. You can review the most current version of the Terms and Conditions at any time by reviewing the website. We will indicate at the top of this page the date these Terms and Conditions were last revised. If you have registered with respect to the Services, as required by law or as we determine appropriate, we will provide you with notice of any such modifications to these Terms and Conditions at least 30 days before the amendment comes into effect, indicating the new clause, or the amended clause and the clause as it read formerly, using any contact information we may have available for you. You may refuse the amendment and rescind, or cancel your participation without cost, penalty or cancellation indemnity, by sending us notice to that effect no later than thirty (30) days after the amendment comes into force, using the information in the notice. 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 these Terms and Conditions and acknowledge that any attempts by you to modify these Terms and Conditions shall be void.
17.4 Entire Agreement: This agreement constitutes the entire agreement between the parties and supersedes all prior understandings or agreements relating to the subject matter of this agreement.
17.5 Severability: If any provision of the Terms and Conditions is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavour to give appropriately valid effect to the intention of the Terms and Conditions as reflected in the provision, and the other provisions of the Terms and Conditions shall remain in full force and effect.
17.6 Any external links to third-party websites on the website are provided as a convenience to you. These sites are not controlled by us in any way and we are not responsible for the accuracy, completeness, legality or any other aspect of these other sites including any content provided on them. You access such websites at your own risk.
We take security very seriously at VaultRemit and we work hard, using state-of-the-art security measures, to help make sure that your information remains secure. The VaultRemit Service is intended to be a safe and convenient way to send money and/ or Airtime Top Up to friends and family and to other people that you trust.
However, we do advise you to consider very carefully before sending money to anyone that you do not know well. In particular, you should be very cautious of deals or offers that seem too good to be true - they may be scams. If you are aware of anyone or any entity that is using the Service inappropriately, please email us using our contact form. Similarly, if you receive any emails, purporting to be from VaultRemit, which you suspect may be "phishing" (fake) emails, please forward them to us using our contact form.
Questions, notices, and requests for refunds or further information should be sent to VaultRemit, as follows:
online at https://vaultremit.com
by Whatsapp: +1 604-227-8022; or
by post to: 1003 – 233 Robson Street, Vancouver, BC.