These Terms (as defined below) are effective as of October 1, 2012, and govern the terms under which you may access and use the hyperREMIT.com web site and the services as the same may be revised, improved, cancelled or otherwise changed (each feature individually and collectively referred to herein as the "Service") which are offered from time to time by hyperWALLET Systems Inc., doing business as hyperREMIT ("hyperREMIT", "us", "our" or "we") including, without limitation, the remittance services hyperREMIT provides through its hyperREMIT.com web site, its SMS platform and its htelephone operators. The terms “you” and “your” refer to users of the Service, whether in their capacity as senders, recipients or any other visitors to this web site, whether or not for the purpose of engaging in payments transactions. Please read these Terms carefully. The Service is provided to corporations, partnerships, societies, associations and other entities that are authorized to enter into these Terms and open and maintain an account and is also provided to individuals who are adults or minors who have legal capacity to enter into these Terms and use the Services.
1. Nature of Agreement.
Our relationship with you is governed by the following paragraphs along with all policies and disclaimers provided in the pages of the hyperREMIT.com web site (the "Web Site") and any other addendums that we may enter into with you from time to time (collectively, the "Terms"). To the extent that there is any conflict between the following paragraphs and any policies or disclaimers on the Web Site, the following paragraphs shall prevail.
We reserve the right to change the Terms at any time and to notify you by posting an updated version of the Terms on the Web Site. You are responsible for regularly reviewing the Terms. Continued use of the Service after any changes to the Terms shall constitute your consent to such changes. We also reserve the right to change the Service at any time and in any manner as determined by us in our sole discretion.
3. Copyright and Other Intellectual Property Rights.
The Web Site contains copyrighted material, trade-marks and other proprietary and in some circumstances confidential information of hyperREMIT and others (collectively "Proprietary Material"), which may include, but shall not be limited to: text, software, photos, video, graphics, images, music, software and sound. All Proprietary Material is owned by hyperREMIT and its licensors and is protected by applicable intellectual property rights including copyright, patent and trade-mark legislation and treaties. You agree not to modify, publish, copy, transmit, register or claim title to, participate in the transfer or sale of, create derivative works of, or in any way exploit, in whole or in part, any Proprietary Material except for copying that occurs in the ordinary course of browsing the Internet and personal copies of Web Site information that you make for your personal use including for your own records. You agree to respect any copyright, trade-mark, patent and other proprietary rights contained in any Proprietary Material on the Web Site. The only rights that you can have in Proprietary Material outside of these Terms are those granted in writing by hyperREMIT.
4. Information and Privacy.
5. User Conduct.
As a condition of your use of the Service, you agree that you will:
a) not use the Service for any purpose that is unlawful, fraudulent, deceitful, untruthful, misrepresentative, dishonest or related in any manner to unlawful, unethical or morally questionable activities or is directly or indirectly related to the foregoing;
b) not tamper, hack, modify, frame, "deep link" or otherwise bypass or attempt to bypass security, functionality, entry points or any other features of the Services or the Web Site;
c) not directly or indirectly, either separately or as part of another service, agree to resell the Services;
d) abide by all applicable local, provincial, state, national and international laws and regulations;
e) not use the Service for any purpose otherwise prohibited by these Terms;
f) always remit funds only to persons that you know personally; and
g) cooperate with hyperREMIT to investigate any suspected unlawful, fraudulent or improper activity.
The links included within the Web Site may cause you to leave the Web Site in order to gain access to other web sites ("Linked Sites"). The Linked Sites are not under the control of hyperREMIT and we are not responsible for the content of any Linked Site or any link contained in a Linked Site, or any changes or updates to such sites. We provide these links to you only as a convenience. We may amend, add or delete links on the Web Site as we determine in our sole discretion. The inclusion of any link in our Web Site or any link on a third party's web site to our Web Site does not imply endorsement by us nor does it imply any association with their operators. When you access Linked Sites, you do so at your own risk.
7. Disclaimers/Limitation Of Liability.
HYPERREMIT MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, OR ACCURACY OF THE SERVICE OR THE WEB SITE FOR ANY PURPOSE. THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. HYPERREMIT HEREBY DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS WITH REGARD TO THE SERVICE, INCLUDING ALL IMPLIED WARRANTIES AND REPRESENTATIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. Without limiting the generality of the foregoing you acknowledge and agree that hyperREMIT:
a) does not represent or warrant that the Service will be uninterrupted or error-free, that defects will be corrected, or that the Service, or the servers that make it available, are free of viruses or other harmful components;
b) does not represent or warrant that the use or the results of the use of the Service will be correct, accurate, timely, or otherwise reliable;
c) shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through the Service;
d) shall not be responsible for any loss due to payments to unintended users due to the input by you of incorrect information or for payments in incorrect amounts; and
e) cannot verify the identity of remittance recipients which is your sole obligation in any transaction.
IN NO EVENT SHALL HYPERREMIT, ITS AFFILIATES, AGENTS, LICENSORS, DIRECTORS, OFFICERS OR EMPLOYEES BE LIABLE FOR ANY DIRECT DAMAGES (UNLESS CAUSED BY THE INTENTIONAL MISCONDUCT OF HYPERREMIT) OR INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE OR DATA, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SERVICE OR THE WEB SITE, WITH THE DELAY OR INABILITY TO USE THE SERVICE OR WEB SITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THE SERVICE, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE.
IN NO EVENT SHALL THE TOTAL LIABILITY OF HYPERREMIT TO YOU FOR ALL DAMAGES IN ANY ONE OR MORE CAUSE OF ACTION EXCEED US$1,000.00.
IN NO EVENT SHALL HYPERREMIT, ITS AFFILIATES, AGENTS, LICENSORS, DIRECTORS, OFFICERS OR EMPLOYEES BE LIABLE FOR ANY ACT OR OMISSION OF ANY THIRD PARTY INCLUDING, WITHOUT LIMITATION, ANY OF ITS SUPPLIERS OR ANY OTHER USERS OF THE SERVICE, OR FOR ANY CIRCUMSTANCE BEYOND THE REASONABLE CONTROL OF HYPERREMIT.
ALTHOUGH THIS WEB SITE USES ENCRYPTION TECHNOLOGY, THE USE OF THIS WEB SITE IS AT YOUR OWN RISK.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY BE LIMITED BY LAW IN YOUR JURISDICTION TO THE EXTENT THAT SUCH LAWS APPLY TO THESE TERMS. ACCESSING THIS WEB SITE FROM TERRITORIES WHERE IT MAY BE ILLEGAL IS PROHIBITED.
You agree to indemnify and hold hyperREMIT, its shareholders, subsidiaries, affiliates, directors, officers and employees, harmless from any loss, claim, demand, or damage (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, including reasonable lawyers’ fees, sustained, incurred or paid by hyperREMIT and due to or arising out of your use of the Service or your conduct on the Web Site or due to any transactions or activities that you otherwise engage in with any third party.
These terms are effective until terminated by hyperREMIT. hyperREMIT may terminate these Terms and limit your access to any part or all of the Service and any related service(s) at any time:
a) upon your breach, suspected breach or anticipated breach of any of these Terms, all as determined by us in our sole discretion which may include, without limitation, taking action based upon complaints from other users of the Service, with such termination effective immediately;
b) at any time upon any order or anticipated order of any regulatory body or agency which would limit in any way the provision of the Services, with such termination effective immediately;
c) at any time, without cause, upon 30 days notice to you. Upon the effective date of the termination of the Service, your right to use the Service immediately ceases. Any funds in the Pooled Account (as defined below) held for your benefit shall be made available to you within a reasonable period of time after such termination subject to hyperREMIT having the right to setoff against such funds any amount owing or potentially owing by you to hyperREMIT. Funds may also be held if any third party has delivered any notice of a claim to us. Paragraphs 3, 6, 7, 8, 9, 10, 11, 12, 14, 17, 18, 20 and 23 shall survive the termination or expiry of these Terms.
10. Suspension of Service.
hyperREMIT has the right at any time to suspend the Services generally or with respect to any particular user including yourself for any reason whatsoever as determined in our sole discretion. If the suspension of Services is for technical reasons then you may request the payment to you of any funds held for your benefit in the Pooled Account (as defined below) and we will make reasonable efforts to have such funds paid out to you as soon as possible.
11. No Endorsements.
No endorsement or approval of any third party or their advice, opinions, information, products or services is expressed or implied by any Service or the Web Site.
This Web Site and the provision of the Services are provided by hyperREMIT from its offices in Canada. The Web Site and the Services will by governed by and constructed in accordance with the laws of the Province of British Columbia and the laws of Canada applicable therein, without giving effect to any principles of conflict of laws. All disputes, controversies or claims arising out of or in connection with the Web Site or the Services shall be submitted to and be subject to the jurisdiction of the courts of the Province of British Columbia. You submit and attorn to the exclusive jurisdiction of the courts of the Province of British Columbia to finally adjudicate or determine any suit, action or proceeding arising our of or in connection with the Web Site or the Services.
You agree to waive any right you may have to: (i) a trial by jury, and (ii) commence or participate in any class action against hyperREMIT related to the Web Site, the Service or these Terms and, where applicable, you agree to opt out of any class proceedings against hyperREMIT or its licensors.
YOUR EMAIL ADDRESS IS THE PRIMARY MEANS WE USE TO CONTACT YOU. You are responsible for ensuring that your email address, and any other address registered with us, is current and operational at all times. To the fullest extent permitted any communications or notifications with respect to these Terms, your account or the Services may be provided to you or from you in writing or electronically (which includes, without limitation, by email, fax or by posting notice on the Web Site) and all electronic communications with you shall be deemed to be "in writing". All electronic communications from us to you shall be deemed to be delivered when sent. All communications from us to you which are delivered by mail or by courier shall be deemed to be delivered five days after the same has been sent by courier or mail. Delivery to you shall be deemed to occur in the manner set forth above notwithstanding any error message or other message that we receive which indicates your email address, fax number, physical address or other contact information is no longer current or is not operational. We shall only be deemed to have received a communication from you if and when it is actually received by us at any of the following: Suite 300 - 950 Granville Street, Vancouver, British Columbia, Canada, V6Z 1L2 (fax: (604) 482-0091) (email: support@hyperREMIT.com).
You shall not transfer any rights or obligations you have under these Terms without the prior written consent of hyperREMIT. We may assign any right or obligation under these Terms without your consent.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and hyperREMIT as a result of these Terms or use of the Service and hyperREMIT has no fiduciary or trust obligation to you. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, the remainder of the Terms shall continue in full force and effect. Unless otherwise specified herein, these Terms constitute the entire agreement between you and hyperREMIT with respect to the Service and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and hyperREMIT with respect to the Service. The paragraph titles in the Terms are solely used for the convenience of the parties and have no legal or contractual significance. It is the express will of the parties that these Terms and all related documents have been drawn up in English. If you are reading these Terms in another language, the English text shall prevail in the event of a discrepancy between the other language and English.
16. Password and Security.
To open a hyperREMIT account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the registration form. You agree that any registration information which you provide to us shall be updated in your "Profile" section whenever the same is changed so that our records are always current. You may update this information on the Web Site or by calling us at 1-888-738-7724. You will then choose a password. You are responsible for maintaining the confidentiality of your password. Furthermore, you are responsible for any and all activities, acts or omissions that occur in relation to your email account and password, including the content of your transmissions through the Service. You agree to notify us immediately of any unauthorized use of your email account and/or password or any other breach of security. We will act on any instructions to transfer funds received using your password unless we are notified in the manner set out in these Terms that your email account and/or password has been compromised. We can only act on instructions that we actually receive which means that it is your responsibility to ensure that your Internet connection or any other method that you use to connect to the Service has transmitted instructions to us. We will send confidential information to the email address that you provide to us. You represent to us that your email account and all information sent to and from your email account is secure and nobody has access to your email account except for you.
17. Identity Verification.
In order to meet regulatory requirements hyperREMIT may be required to confirm the identity of new or existing account holders by means of data matching with a third party. The authentication process is designed to validate your identity and protect you so that others cannot open an account in your name. Examples of third parties that may be employed for identity verification purposes include your financial institution or the information verification services of Equifax Canada (“Equifax”).
In the event that Equifax is used to verify your identity, the information you provide on your hyperREMIT Profile will be compared to your Equifax consumer credit report. This process will NOT impact your credit rating or credit file in any way. This information is used only for validating your identity. Should the information you provide not be authenticated online, please be assured that this is not a reflection of your credit rating but may be due to the fact that the consumer report file is incomplete.
18. Nature of the Services.
When you transfer funds (the Add Cash feature) to your hyperREMIT account you are transferring funds to a pooled account (the "Pooled Account") held for your benefit at a major Canadian chartered bank (the "Holder"), or in the case of countries outside of Canada, Pooled Account funds are held for your benefit at a major banking institution in such countries. All funds in the Pooled Account are held for the benefit of our customers including yourself. We are not a bank and we do not provide banking services. Our Services are comprised solely of electronically recording the beneficial holders of funds in the Pooled Account and transmitting those funds on your behalf. You hereby authorize us to record the beneficial holders of funds in the Pooled Account and you hereby accept our records as final in determining the beneficial holders of funds in the Pooled Account, except in the instance of manifest error. You shall not under any circumstance transfer your beneficial interest in funds in the Pooled Account other than through our Services. We are not responsible for any errors or omissions of the Holder with respect to the Pooled Account. From time to time we may impose transfer limits with respect to amounts held in hyperREMIT accounts by posting such limits on our Web Site.
19. Pooled Account.
You authorize the Holder to invest some or all of the funds in the Pooled Account which are held for your benefit as directed by us, which investments shall only be in short-term bank deposits, high quality government issued and/or other debt instruments with Standard & Poor’s or equivalent ratings not less than "A". You will, however, always have access to funds held for your benefit in the Pooled Account subject to technical and other limitations set forth in these Terms. In consideration of the Service you hereby transfer, assign and pay over to us all interest and investment income earned on funds in the Pooled Account subject to any legal limitations that may apply.
20. Service Fees.
If you do not complete a remittance transaction using your hyperREMIT account for a period of one year then you agree to pay a service fee of US$10.00 which shall be charged to your hyperREMIT account with the same fee being charged in each subsequent year where you continue to not complete a financial transaction using your hyperREMIT account. Notwithstanding the foregoing, we will upon your request return to you any money we collected from you as a service fee provided that such request is made within three years of the date of your last financial transaction using your hyperREMIT account, and before any of your money has been turned over to a governmental agency as part of an escheatment transfer. If your hyperREMIT account has a zero or negative balance for two years then all Services provided to you may be terminated and you will be notified of such termination in accordance with these Terms.
21. Your Recipients.
In the event that a dispute arises between you and a third party, including any party to whom you are sending funds, you and the third party shall between yourselves be solely responsible for and you hereby release us from any and all losses, claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such activities. Under no circumstances shall we be liable in any way for any damages incurred through a dispute between you and a third party.
22. Money Laundering and Terrorist Financing.
hyperREMIT is a Canadian Money Services Business. We have implemented measures within our organization to combat money laundering and terrorist financing. hyperREMIT takes seriously its obligations to facilitate the investigation or prosecution of money laundering and terrorist financing offenses pursuant to Canadian law.
23. Third Party Reliance.
hyperREMIT does not permit individual or business account users to act on behalf of a third party. You hereby certify that you will use the hyperREMIT service to process transactions in your own name only. hyperREMIT makes no representations or warranties regarding third party activity outside of the control of hyperREMIT and you agree that we shall not be liable for any actions taken by a third party, nor shall we be liable for any actual or consequential damages relating to the same matter.
24. Service Providers.
hyperREMIT works with local banks, money exchangers and other third party service providers to pay funds to remittance recipients in accordance with your instructions. You, as the sender of funds, hereby appoint your receipient as your agent for the purpose of receiving funds in connection with the Service. You agree that hyperREMIT is not responsible for any inaccurate or incomplete information that may be posted on the Web Site regarding the location, availability or hours of any third party service providers, and you will notify us if you encounter any such information that needs to be corrected or updated.
Remittance recipients may need to prove their identity before receiving funds by presenting valid, unexpired identification documents from a list of acceptable forms of identification. Recipients may also be required to provide a personal identification number, password, or other similar identifier associated with a remittance. You hereby authorize hyperREMIT to store all such information, as necessary, to provide the Service.
26. Delays and Cancellations.
Your remittance may be delayed or cancelled in the course of our efforts to verify your identity, validate your remittance instructions, contact or locate you, or otherwise comply with applicable laws. Business hours and currency availability may also delay or cancel remittances.
27. Prohibited Remittances.
We may, at our sole discretion, refuse remittances from certain senders and to certain recipients, including those suspected by any country of having involvement with money laundering and/or terrorist financing.
28. Quebec Residents:
The payment services offered through Wallets are not available to residents of Quebec. You will not use a Wallet to either (i) exchange funds into foreign currencies or (ii) transfer funds if you are a Quebec resident. You will not add money to your Wallet while you are a Quebec resident.
29. PAD Authorization.
By accepting these Terms and providing us with your Canadian banking information you agree that this authorization is provided for the benefit of your Canadian financial institution(s), hyperREMIT and our Canadian bank, and you authorize us to process debits against your account in accordance with the Rules of the Canadian Payments Association (the “CPA Rules”).
30. Other Agreements.
Canceling this PAD authorization will not terminate any other agreement that exists between you and hyperREMIT.
31. Signature Equivalents.
You agree that your hyperREMIT user ID and your hyperREMIT password or other security code or other signature equivalent(s) may be used and will constitute valid authorization for hyperREMIT to process the debits to your account(s) that you may request from time to time. You further agree that an SMS text message from you to hyperREMIT containing instructions for a PAD funds transfer and delivered to hyperREMIT at 1-206-745-0436, may be used and will constitute valid authorization for hyperREMIT to process the debits to your account(s). You may also contact us at 1-888-738-7724 to initiate and authorize a PAD.
32. Financial Information.
To process your PAD requests, you must provide us with the following information regarding your Canadian bank account(s): Financial Institution Number, Branch Transit Number, Account Number, Financial Institution Name and Financial Institution Address. We will ask you to provide this information in a separate PAD Application form.
33. Accuracy and Changes in Account Information.
You certify that all Canadian bank information that you provide to us is accurate and you agree to inform hyperREMIT by updating your banking information on our Web Site or by notifying us, in writing, of any change in the information provided at least 10 business days prior to the next due date of the PAD. In the event of any such change, this authorization and these Terms shall continue in respect of any new account to be used for PADs.
34. Valid Signing Authority.
You warrant and guarantee that all persons whose signatures are required to accept these Terms and to provide this authorization are all those who are required to sign on your Canadian chequing account(s) at your Canadian financial institutions.
35. Authority to Debit Account.
You authorize hyperREMIT to draw on your Canadian chequing account with your Canadian financial institution, for the purpose of adding funds to your hyperWALLET account within three business days of whenever you request this of hyperREMIT.
36. Frequency and Amount of Debits.
The scope of this authorization is to authorize only personal PADs of varying amounts that will be made on a sporadic basis and/or recurring basis by your request when you wish to add funds to your hyperREMIT account. A debit, in electronic form, for the amount indicated by you may be drawn within three business days of receipt of your authorization.
37. Fee for Failed PAD Transactions.
It is your responsibility to ensure that sufficient funds are available in the account indicated for the PAD transaction on the date any PAD is to be executed. If a PAD that was duly authorized by you fails, you agree to pay hyperREMIT a fee of Cdn. $30 that will be deducted from the balance of your hyperREMIT account.
38. Validation by Processing Financial Institution.
You acknowledge that your Financial Institution is not required to verify that any purpose of payment for which a PAD was issued has been fulfilled by hyperREMIT or that a PAD has been issued in accordance with the particulars of your authorization including, but not limited to, the amount, as a condition to honoring a PAD issued by hyperREMIT on your account.
You have certain recourse rights if any debit does not comply with this authorization. For example, you have the right to receive reimbursement for any debit that is not authorized or is not consistent with this PAD areement. To obtain more information on your recourse rights, you may contact your Financial Institution or visit www.cdnpay.ca.
40. Your Rights of Dispute: You may dispute a Pre-Authorized Debit in accordance with CPA rules under the following conditions:
In order to be reimbursed, you acknowledge that a declaration to the effect that either (1) or (2) took place, must be completed and presented to your branch of your Financial Institution up to and including 10 business days after the date on which the disputed PAD was posted to your account. You acknowledge that any claim made after 10 business days or for any reason other than the above, is a matter to be resolved solely between you and hyperREMIT.
41. Acceptance and Delivery of Authorization.
You acknowledge that provision and delivery of this authorization to hyperREMIT constitutes delivery by you to your Financial Institution. Any delivery of this authorization to us constitutes delivery by you.
42. Cancellation of Arrangement.
You may cancel a PAD or revoke your authorization for a PAD at any time upon notice by you to hyperREMIT at least thirty days prior to your next scheduled PAD. You may obtain a sample cancellation form, or further information on your right to cancel a PAD agreement, at your financial institution or by visiting www.cdnpay.ca.
43. Pre-Notification Waiver.
YOU AGREE WITH HYPERREMIT TO WAIVE THE REQUIREMENT UNDER THE CPA RULES TO RECEIVE A WRITTEN PRE-NOTIFICATION PRIOR TO EACH PAD AS SET OUT IN THE RULES.
44. Contract for Goods or Services.
Revocation of this Authorizaton does not terminate any contract for goods or services that exists between you and hyperREMIT. Your authorization applies only to one possible method of re-payment of amounts due and does not otherwise have any bearing on the contract for goods or services exchanged.
45. Payment and Clearing Systems.
We cannot guarantee a time of delivery for requested funds transfers because we do not control the national payment system or other payment system participants used in the process of transferring your money. We will make reasonable efforts to facilitate your funds transfer requests.
You understand and agree to this PAD arrangement and to the disclosure of any confidential information to any third parties as may be required to process the PAD in accordance with the CPA Rules.
[BY CLICKING THE "I ACCEPT" BUTTON AND COMPLETING THE REGISTRATION PROCESS, YOU ARE STATING THAT YOU HAVE LEGAL CAPACITY TO ENTER INTO THESE TERMS AND USE THE SERVICES AND THAT YOU AGREE TO BE BOUND BY ALL OF THESE TERMS. ]
© hyperWALLET Systems Inc., 2010. All rights reserved.
hyperWALLET and hyperREMIT are the trade-marks of hyperWALLET Systems Inc.