USA    CANADA

User agreement - CANADA

 
This User Agreement constitutes a legal agreement and is entered into by and between you and Usend Financial Services ULC (“USEND”). The terms and conditions set out in this User Agreement, together with any documents or additional terms and conditions expressly incorporated into this User Agreement by reference, govern your access to and use of the services offered by USEND, including any content and functionality and services offered through the USEND desktop website, mobile website, mobile application and all associated services (collectively, the “Service”). By accessing and using the Service, you are agreeing to be bound and abide by this User Agreement, as well as all agreements and policies referenced in this Agreement that apply to you, including without limitation, our Privacy Policy.


This User Agreement applies to Canadian residents only.




1. OVERVIEW OF THE SERVICE
  The Service allows people to send and receive money around the world. A "Sender" is someone who uses the Service to send money. A "Recipient" is someone who uses the Service to receive money through the Service. The "Destination 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 for transmittal to the Recipient, excluding applicable fees and prior to any foreign exchange conversion. 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 Destination Country (the "Local Taxes").
   
2. ACCESSING THE SERVICE
  a. Eligible Users. You represent and warrant that you are the legal age of majority in your province or territory and are able to form a legally binding contract with USEND.

b. Not Available to Quebec Residents. The Service may not be available in whole or in part in certain states, countries, or jurisdictions. The Service is currently available in all Canadian jurisdictions except for the province of Quebec.

c. Offer and Acceptance. 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.
   
3. PAYMENT
  a. Service Fees. For each Transaction that you submit, you agree to pay us a service fee (the "Service Fee") plus the Transaction Amount. The Service Fee will be disclosed to you at the time you log into your USEND account. Additional charges may apply. Payment is due at the time your transaction is submitted for processing. For transactions originating in Canada, USEND only accepts payment in Canadian Dollars. If you submit a transaction that results in USEND being charged with non-sufficient fund fees, chargeback fees, or other similar fees, you agree to reimburse us for all such fees.

b. Payment. In order for us to collect payment from you, you authorize us to access or debit funds from any of the payment instruments you provide us in connection with your use of the Service (each, a "Payment Instrument" including, for example, your credit/debit card or bank account). If your payment fails or is insufficient, you authorize us to re-try one or more times using the same or a different Payment Instrument. For example, if there are insufficient funds in your bank account at the time you submit your Transaction, we may try to debit your bank account at a later time. You represent and warrant that you are the lawful owner of your Payment Instrument(s).

c. Other Charges and Local Taxes. A Transaction may be subject to additional fees and charges imposed by the financial institutions associated with your Payment Instrument or the financial institution in the Destination Country (“Other Charges”) and Local Taxes. USEND is not responsible for any such Other Charges or any Local Taxes which may be charged or levied in connection with the Transfer.

d. Insufficient Funds Charges. USEND is not responsible for any insufficient funds charges, non-sufficient fund fees, chargeback fees, or other, similar charges that might be imposed on you by your bank or other service provider.

e. Mobile Services. If you access the Service through a mobile device, your wireless service carrier or mobile network operator’s standard charges, data rates and other fees may apply. USEND is not responsible for any such charges, rates or fees.

f. Foreign Currencies. USEND and its Service Providers (as defined below) usually make money when you pay for a Transaction in one currency, and the Transaction is paid out in another, based on the difference between the exchange rate at which we buy foreign currency and the exchange rate provided to you. The applicable exchange rate will be disclosed to you at the time you log into your USEND account. You agree that, when you send a Transaction to a Recipient's bank account, that the bank account is denominated in the same currency as the Transaction.

g. Other Financial Obligations. To the extent permitted by law, USEND has the right to collect from you the Transaction Amount and Service Fee of any uncollected or reversed Transaction, plus any fees assessed and collection expenses, court costs and reasonable attorney’s fees. To the extent permitted by law, you agree to hold USEND harmless from any losses, costs, expenses or damages it may incur in connection with collecting for any Transaction or in defending any such actions, including court costs and reasonable attorney’s fees. You may be reported to a collection agency or credit bureau if you do not pay for any Transaction or Service Fee that you have authorized through the Services in accordance with this Agreement. You authorize USEND to debit your Payment Instrument, bank account or debit card account and/or charge against your credit card account for any amounts owing to USEND as described herein.
   
4. DISBURSEMENT
  Service Providers. We work with local destination 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 website regarding the location, availability, and hours of our Service Providers. However, you agree that USEND is not responsible for any inaccurate or incomplete information concerning our Service Providers that may be posted on the website. USEND is not responsible for any acts or omissions of Service Providers, including imposition of additional fees or charges.
   
5. RESTRICTIONS
  a. 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. Any such limits may be imposed on individual accounts, linked accounts, or on related accounts or households, in USEND'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.

b. 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, and otherwise comply with applicable law. Business hours and currency availability may also play a role. Nevertheless, you may be entitled to a refund in certain circumstances, as described herein.

c. Reload Pre-Paid Mobile Phones. You understand that our responsibility for mobile reload Transactions is to confirm the transfer of the payout amount from a Sender’s account to a Recipient’s pre-paid mobile phone account as a mobile reload. You further understand that we provide estimates of the Local Taxes and other fees that may be charged by a Recipient’s wireless carrier (the "Carrier") to a mobile reload transaction, but that the exact amount of the Local Taxes and fees are determined by the Destination Country and the Carrier. You agree that you and/or the Recipient have read the terms and conditions applicable to the Recipient’s mobile phone account (the "Carrier Agreement"), which terms may include, for example, fees and taxes charged on a mobile reload, the expiration of the mobile reload and the quality and quantity of airtime, data and other services for which the mobile reload may be used. Once the Payout Amount is accepted by the Carrier, the Carrier Agreement applies to all services for which the mobile reload may be used by the Recipient. Terms and conditions vary by Carrier, Destination Country and the terms of the Carrier Agreement. You agree to contact the Carrier directly with questions or problems regarding the application of the mobile reload to services provided by the Carrier.

d. 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 any of the following activities (without limitation): sexually-oriented materials or services, gambling activities, fraud, money-laundering, the funding of terrorist organizations, or the purchase or sale of tobacco, firearms, prescription drugs, or other controlled substances, or to send money to a Recipient that has violated the User Agreement. If you use the Service in connection with illegal conduct, USEND reserves the right to report you to the appropriate law enforcement agency or agencies.

e. 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, in our sole discretion, refuse Transactions from certain Senders and to certain Recipients, including without limitation, individuals and entities that listed persons under the United Nations Act (Canada), the Special Economic Measures Act (Canada), the Justice for Victims of Corrupt Foreign Officials Act (Canada) or are otherwise included in the Consolidated Canadian Autonomous Sanctions List or the Consolidated United Nations Security Council Sanctions List.

f. Transactions on Behalf of Others. You may not submit or receive a Transaction on behalf of any other undisclosed person or business entity. If you intend to submit or receive a Transaction on behalf of any other individual or business entity, you must disclose this fact to USEND so before the Transaction is processed. You agree to provide us with complete and accurate information with respect to such individual or business entity as requested by USEND and in accordance with applicable law.

g. No Changes. We generally do not let you change the details of your Transaction once it's submitted to us for processing. It is your responsibility to make sure your Transaction details are accurate.

h. Restricted Activities. In connection with your use of our website or the Service, or in the course of your interactions with USEND, a user or a third party, you shall not:

i. Breach this User Agreement, or any other agreement between you and USEND;
ii. Open more than one account, without our prior written permission;
iii. Provide false, inaccurate, or misleading information;
iv. Refuse to cooperate in an investigation or provide confirmation of your identity or any information you provide to us;
v. Use an anonymizing proxy; or
vi. Use any robot, spider, other automatic device, or manual process to monitor or copy our website without our prior written permission.
   
6. COLLECTION OF INFORMATION
  a. Privacy Policy. By agreeing to this User Agreement, you acknowledge and consent to USEND's Privacy Policy. The Privacy Policy can be found by clicking here: Privacy Policy.

b. Customer Identification Program. To help the government fight the funding of terrorism and money laundering activities, applicable law requires that we obtain, verify, and record information about you. We may require that you provide us with non-public, personal, identifying information. We may also lawfully obtain information about you from other sources without your knowledge, including non-public personal identifying information that we may obtain while you visit this website. Please see our Privacy Policy.

c. Government Disclosures. We may provide information about you and your Transactions to government authorities and enforcement agencies, as described in our Privacy Policy and in accordance with applicable law.

d. 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 email address or Payment Instruments, verifying your information against third party databases, or through other sources including a credit reference agency, which may keep a record of that information. By accepting the terms of this User Agreement, you authorize us to make any inquiries we consider necessary to validate the information that you provide to us.
   
7. ERRORS
  a. You must ensure that the information you provide for your Transaction is correct. If we process a Transaction in accordance with your instructions, you acknowledge that we are not responsible for any mistake caused by your failure to provide accurate instructions, including delivery to the wrong account or delivery of the wrong amount. You further acknowledge that we have no obligation to recover, reimburse or resend funds that are delivered to the wrong account as a result of your providing incorrect instructions.

b. Notwithstanding section 7(a), USEND will make reasonable efforts to assist you in resolving any errors in your Transaction. In order for us to do so, you must contact us (using the information provided at the end of this User Agreement) within 180 days of the date that funds should have been made available to the Recipient in accordance with the instructions we provided at the time the Transaction was initiated, and provide us with the following information:

(i) Your name, address and telephone number;
(ii) Your email address;
(iii) The error or problem with the Transaction, and why you believe it is an error or problem;
(iv) The name, address and telephone number of the Recipient;
(v) The dollar amount and date of the Transaction; and
(vi) The confirmation number of the Transaction.

USEND will determine whether an error occurred within 90 days after you contact us and we will correct any error promptly. We will tell you the results within three business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of any documents we used in our investigation.

   

8. CANCELLATION RIGHTS

  Notwithstanding any other terms or conditions of this User Agreement, you may cancel any international Transaction if:

a. you contact us at 1-888-305-7264 (outside the United States, call 1-424-237-1800) or info@usend.com within 30 minutes of payment by you of the Transaction Amount and provide us with all information we request to enable us to identify the Transaction you wish to cancel, including the Transaction Amount and location where the funds were sent; and

b. the funds in respect of such Transaction have not been picked up or deposited to the Recipient’s account.

If the Transaction is cancelled, we will refund the Transaction Amount and any Service Fees paid in respect of such cancelled Transaction within three business days of your request to cancel such Transaction.
   

9. USEND INTELLECTUAL PROPERTY

  You acknowledge that the Service, including but not limited to the content of this website, text, graphics, links, buttons, logos, and images, as well as all other USEND copyrights, trademarks, service marks, logos, and product and service names (the "USEND Intellectual Property") are owned exclusively by USEND or its affiliates. You agree not to display, use, copy, or modify the USEND Intellectual Property in any manner. You are authorized solely to view and retain a copy of the pages of this website for your own personal, non-commercial use. You further agree not to: (i) use any robot, spider, scraper or other automated device to access the Service; (ii) remove or alter any author, trademark or other proprietary notice or legend displayed on this website (or printed pages thereof); or (iii) infringe the USEND Intellectual Property or any third party's copyright, patent, trademark, trade secret or other intellectual property rights.
   

10. DISCLAIMER OF WARRANTIES

  YOU UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS AND WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY INCLUDING, BUT NO LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. SOME PROVINCES AND TERRITORIES DO NOT ALLOW FOR THE EXCLUSION OF WARRANTIES. IN THESE PROVINCES AND TERRITORIES, YOU ARE PROVIDED WITH ONLY THE WARRANTIES THAT ARE EXPRESSLY REQUIRED BY APPLICABLE LAW.

USEND DOES NOT REPRESENT, WARRANT OR GUARANTEE THAT THE SERVICE IS ACCURATE, CORRECT, RELIABLE OR SUITABLE FOR YOUR PURPOSES, THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, THAT THE SERVICE WILL BE AVAILABLE AT A PARTICULAR LOCATION OR TIME, THAT THE SERVICE WILL BE ERROR-FREE, UNINTERRUPTED, WITHOUT DEFECT, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE IS FREE FROM VIRUSES OR OTHER DESTRUCTIVE CODE OR HARMFUL COMPONENTS.

USEND MAKES RESPONSIBLE EFFORTS TO ENSURE THAT TRANSACTIONS ARE PROCESSED IN A TIMELY MANNER, BUT USEND MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE TIME NEEDED TO COMPLETE PROCESSING BECAUSE THE SERVICE IS LARGELY DEPENDENT ON MANY FACTORS OUTSIDE USEND’S CONTROL.

The use of “USEND” in this section 9 (Disclaimer of Warranties) means USEND, its parent, subsidiaries, affiliates and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, successors and assigns.
   

11. LIMITATION OF LIABILITY

  SOME PROVINCES AND TERRITORIES DO NOT ALLOW FOR LIMITATIONS ON LIABILITY AND EXCLUSIONS OF CERTAIN TYPES OF DAMAGES. IN SUCH PROVINCES AND TERRITORIES, USEND WILL ONLY BE LIABLE TO YOU FOR DAMAGES THAT ARE REQUIRED UNDER APPLICABLE LAW.

EXCEPT AS OTHERWISE SET FORTH IN THIS USER AGREEMENT OR WHERE SUCH EXCLUSIONS ARE PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL USEND BE LIABLE TO THE SENDER, RECIPIENT OR ANY THIRD PARTY FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDING, WITHOUT LIMITATION, ANY DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF USE, DATA, REVENUE OR PROFIT, COST OF CAPITAL, LOSS OF BUSINESS OPPORTUNITY, LOSS OF GOODWILL, WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), ANY OTHER THEORY OF LIABILITY, OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT USEND WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT WHERE OTHERWISE PROHIBITED BY APPLICABLE LAW, USEND’S MAXIMUM AGGREGATE LIABILITY ARISING FROM OR RELATED TO THIS AGREEMENT, IS LIMITED TO THE GREATER OF (A) THE AGGREGATE AMOUNT OF TRANSFER FREES EARNED BY USEND IN CONNECTION WITH YOUR USE OF THE SERVICE DURING THE THREE MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY; OR (B) $500 (CANADIAN), IN EITHER CASE IN ADDITION TO A REFUND OF THE PAYOUT AMOUNT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE.

THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF THE SENDER’S OR RECIPIENT’S REMEDIES UNDER THIS AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE.

The use of “USEND” in this section 10 (Limitation of Liability) means USEND, its parent, subsidiaries, affiliates and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, successors and assigns.
   

12. INDEMNITY

  To the maximum extent permitted by applicable law, you agree to indemnify, defend and hold harmless USEND, its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any and all claims or demands, including reasonable attorneys' fees, made by any third party due to or arising out of (i) your use of the Service, (ii) your connection to the Service, (iii) your violation of this User Agreement, (iv) your violation of any applicable provincial, territorial or federal laws or regulations, (iiv) your violation of any rights of another person, and (iiiv) any intentional wrongdoing of any kind.
   

13. GOVERNING LAW AND DISPUTE RESOLUTION

  a. Governing Law. This User Agreement will be governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle, or rule (whether of the laws of the Province of British Columbia or any other jurisdiction) and notwithstanding your domicile, residence, or physical location.

b. Disputes with USEND. If a dispute arises between you and USEND, our goal is to learn about and address your concerns and, if we are unable to do so to your satisfaction, to provide you with a neutral and cost effective means of resolving the dispute quickly. Disputes between you and USEND regarding the Service may be reported to Customer Service through the contact information at the end of this User Agreement.

Except where otherwise prohibited by applicable law, any dispute, controversy or claim arising out of or relating to the Service or this User Agreement including any question regarding the existence, interpretation, validity, breach or termination of this User Agreement or the business relationship created by it shall be referred to and finally resolved by arbitration under the Canadian Arbitration Association Arbitration Rules. The place of the arbitration shall be Vancouver, British Columbia.

c. Forum for Disputes. Except as provided in section 12(b), any dispute, controversy or claim arising out of or relating to the Service or this User Agreement will be instituted in the courts of the Province of British Columbia, and each party irrevocably submits to the non-exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.
   
14. ELECTRONIC COMMUNICATIONS
  a. You acknowledge and agree that this User Agreement shall be entered into electronically, and that, unless otherwise required by applicable law, the following categories of information ("Communications") will only be provided by electronic means: (i) this User Agreement and our Privacy Policy and any amendments, modifications or supplements to them; (ii) your records of Transactions through the Service including without limitation confirmations or receipts of Transactions; (iii) any initial, periodic or other disclosures or notices provided in connection with the Service, including without limitation those required by applicable federal or provincial law; (iv) any customer service communications, including without limitation communications with respect to claims of error or unauthorized use of the Service; (v) any other communication related to the Service or USEND. You agree and consent to receive all Communications electronically, whether by posting them on our website and/or by emailing them to you at the email address associated with your USEND profile.

b. 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 this User Agreement.

c. In order to access and retain Communications, you must have: (i) an Internet browser that supports 128-bit encryption, such as Internet Explorer version 4.0 or above, (ii) an e-mail account and e-mail software capable of interfacing with USEND's e-mail servers, (iii) a personal computer, operating system and telecommunications connections to the Internet capable of supporting the foregoing, (iv) sufficient electronic storage capacity on your computer's hard drive or other data storage unit, (v) a printer that is capable of printing from your browser and e-mail software. In addition, you must promptly update us with any change in your email address by updating your profile at https://www.USEND.com/PersonalDetails.aspx.

   

15. MISCELLANEOUS

  a. Entire Agreement. This User Agreement and any documents or additional terms and conditions expressly incorporated into this User Agreement by reference including, without limitation, our Privacy Policy, constitutes the entire agreement between you and USEND and governs your use of the Service, superseding any prior agreements between you and USEND.

b. No Waiver. The failure of USEND to exercise or enforce any right or provision of the User Agreement shall not constitute a waiver of such right or provision.

c. 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 this website. You may stop using 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.

d. Language. In the event there is any inconsistency between the English and other language text on this website, including the User Agreement, the English text shall be binding.

e. Severability. If any term or provision of this User Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this User Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
   

16. SECURITY AND FRAUD PREVENTION

  Your security is very important to USEND, and we work hard, utilizing state-of-the-art security measures, to make sure that your information is secure. USEND is a safe and convenient way to send money to family members and to other people that you trust. But we urge you to consider carefully before sending money to anyone that you do not know well. In particular, you should be cautious of deals or offers that seem too good to be true. To learn more about fraud prevention, please refer to our advisory at Prevention of Frauds, Scams and Elder Abuse. If you think you have been or might be a victim of fraud, please contact us immediately by telephone at 1-888-305-7264 (outside the United States, call 1-424-237-1800). If you are aware of anyone or any entity that is using the Service inappropriately, please email us at abuse@usend.com. And if you receive any fake (phishing) emails, purporting to be from USEND, please forward them to us at abuse@usend.com.
   

17. LEXISNEXIS DISCLOSURE

  You authorize your wireless operator to disclose to USEND and its third-party service providers your mobile number, name, address, email, network status, customer type, customer role, billing type, mobile device identifiers (IMSI and IMEI) and other subscriber status and device details, if available, solely to verify your identity and prevent fraud for the duration of the business relationship. See our Privacy Policy for how we treat your data.
   

18. CONTACT INFORMATION

  Questions, notifications, and requests for refunds or further information can be sent to USEND, as follows: by telephone at 1-888-305-7264 (outside the United States, call 1-424-237-1800); by fax at 310-388-5457; or by mail at Pronto Money Transfer, Inc., Attn: Customer Service, 111 N. Sepulveda Blvd, Suite 340, Manhattan Beach, CA 90266, USA.
   









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