Terms And Conditions

1. CONTRACT FORMATION AND OVERVIEW

1.1 These Terms and Conditions govern the terms under which you may access and use this website 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 "Finmark Financials", "we", "us", and "our" refer to Finmark Financials, together with its employees, directors, affiliates, successors, and assigns. Finmark Financials is a registered company in Canada, registered address is 3031A Hurontario Street, Mississauga, ON L5A 2G9. It is Regulated by FINTRAC.

1.3 The terms "you" and "your" refer to users of the Service, whether in their capacity as Senders, Recipients, or visitors to this website.

1.4 These Terms and Conditions are effective from June 01, 2013. The Terms and Conditions may change from time to time, but changes will only be effective from the date they are made and will not change the terms on which you previously used the Service.

1.5 The Service was created to assist customers to send money to their family and friends, and to receive money from family and friends, around the world. For security reasons, we recommend that you only send money through the Service to people you know personally. You must not use the Service to send money to strangers for example sellers of goods and/or services, private or retail.

2. DEFINITIONS

In this Terms and Conditions:
"Destination Country" means the country in which the Recipient receives money through the Service.

"Local Taxes" means any taxes or charges payable in the Destination Country.

"Mode of Payment" means a valid instrument of payment such as a bank account, debit card, Interac E-transfer, Interac Online and Online via biller system.

"Payout Amount" means the amount paid out to the Recipient, after any foreign exchange conversion and excluding Local Taxes.

"Recipient" means someone who receives money through the Service.

"Sender" means someone who uses the Service to send money.

"Service Fee" means the fee plus any additional charges applicable to each Transaction.

"Service Provider or Correspondence" means a local bank, money exchange house, or other third party service providers in the Destination Country with whom Finmark Financials has arrangement in providing the Service.

"Transaction" means a specific instruction to send money through the Service.

"Transaction Amount" means the amount of money that the Sender wishes to send to the Recipient, excluding any applicable fees and prior to any foreign exchange conversion.

"Type of Payment" means the type of payment Recipient want to receive local currency such as Cash Over Counter Pickup, Account Deposit, Wire Transfer and Home Delivery.

3. OUR OBLIGATIONS

3.1 Subject to these Terms and Conditions, we agree to provide the Service to you using reasonable care. 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, you are requesting that we process the Transaction on your behalf. We may, in our sole discretion, choose whether or not to accept the offer to process that Transaction. However, if we decide not to process the Transaction, we will notify you promptly of that decision and repay the money paid to us.

3.3 Finmark Financials 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. We may, in our absolute discretion, refuse any Transaction or limit the amount to be transferred, either on a per transaction basis or on an aggregate basis, and either on individual accounts or on related accounts.

3.4 We may, in our sole discretion, refuse Transactions from certain Senders or to certain Recipients, including but not limited to entities and individuals on restricted or prohibited lists issued from time to time by the FINTRAC. In addition, not all Mode of Payment are available to all customers at all times and we may, in our sole discretion, refuse Transactions funded from certain Mode of Payment.

3.5 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 otherwise to comply with applicable law; or due to variations in business hours and currency availability.

3.6 We will attempt to provide Senders and Recipients with up to date information regarding the location of our Service Providers or Correspondence by means of information on our website. However, you agree that Finmark Financials 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.

4. YOUR OBLIGATIONS

You agree that:

4.1 you will not access, use or attempt to use the Service as a Sender unless you are at least 18 years old, and that you have the legal capacity to form a binding legal contract in the relevant jurisdiction;

4.2 for each Transaction that you submit, you will pay us the Service Fee in addition to the Transaction Amount. Payment becomes due at the time that you submit your Transaction. If you submit a Transaction that results in Finmark Financials becoming liable for charges including but not limited to chargeback or other fees, you agree to reimburse us for all such fees;

4.3 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 our merchant with details of one or more Mode of Payment;
(c) provide us with true, accurate, current and complete information for all Transactions.

We do not accept any liability for damages resulting from non-payment or delay in payment of a money transfer to a Recipient or failure to perform a transaction under the Service by reason of any of these matters.

4.4 when you pay for a Transaction in one currency and the Recipient is paid 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. Finmark Financials and its Correspondence usually make a small profit in these circumstances. If such account is denominated in another currency the amount to be received by the Recipient will be reduced by the amount of extra charges incurred by reason of the incorrect information given by you and we will have no obligation to make good such reduction;

4.5 when you are sending money under these Terms and Conditions, it is your responsibility to make sure all the Transaction details are accurate before submission. Once a Transaction has been submitted for processing it is not normally possible to change any of its details. You will be given the opportunity to confirm Transactions before submission and you must check the details carefully.

4.6 Finmark Financials will have no responsibility for any fees or charges you may incur by the use of a particular Mode of Payment to fund a Transaction. These may include but are not limited to unauthorized overdraft fees imposed by banks if there are insufficient funds in your bank account, fees and additional interest which may be imposed by your local bank;

4.7 you will only use the Service to send money to people that you know personally and not to pay for goods or services. If, in breach of this clause, you choose to pay third parties for goods and services using the Service, you acknowledge that Finmark Financials 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. If Finmark Financials reasonably believes you are using the Service to purchase goods or services, we reserve the right to cancel your Transaction(s);

4.8 both you and the Recipients will only act on your own behalf. You may not submit or receive a Transaction on behalf of a third person. If you intend to submit or receive a Transaction on behalf of a company, business or any entity other than a human individual, you must first inform Finmark Financials of your desire to do so, as per FINTRAC requirement Third Party Transaction should be treated under Third Party Determination so additional information about the entity we may request in order to process that Transaction or we may decide whether to permit the 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 money (i) to a Recipient who has violated the Terms and Conditions, or (ii) in connection with illegal activity including without limitation money-laundering, fraud and the funding of terrorist organizations. If you use the Service in connection with illegal activity, Finmark Financials may report you to the appropriate legal authorities;

4.10 when using our website or the Service or when interacting with Finmark Financials, with another user or with a third party, you will not:

(a) breach this Terms and Conditions, or any other agreement between you and Finmark Financials;
(b) open more than one account, without our prior written permission;
(c) provide false, inaccurate, or misleading information;
(d) allow anyone else access to your registration details, and will keep those details secure;
(e) refuse to provide confirmation of any information you provide to us, including proof of identity, or refuse to co-operate in any investigation;
(f) use a tool that attempts to make activity untraceable; or copy or monitor our website using any robot, spider, or other automatic device or manual process, without our prior written permission.

4.11 Finmark Financials 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 Transaction. Such proofs may include a suitable form of valid 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.

5. COLLECTION OF INFORMATION

5.1 Customer Identification Program. FINTRAC requires all Money Service Business (MSB) to assist in the fight against money laundering activities and the terrorist financing by obtaining, verifying, and recording identifying information about all customers. We may therefore require you to supply us with personal identifying information and we may also legally consult other sources to obtain information about you.

5.2 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. You can be rest assured that this is done only to confirm your identity, that a credit check is not performed and that your credit rating will be unaffected. All information provided by you will be treated securely.

5.3 By accepting these Terms and Conditions you authorize 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, requiring you to take steps to confirm ownership of your Mode of Payment or email address; or by verifying your information against third party databases; or through other sources.

5.4 Government Disclosures. We may be required by law to provide information about you and your Transactions to government or other competent authorities such as FINTRAC or other government agency. You acknowledge and consent to our doing this.

6. VALIDATION OF YOUR IDENTIFICATION

6.1 A Signup form will be presented requesting your Name, Address, Driver's license number and other information, which will help us identify you. When you click SignUp, you agree we will be comparing the information provided to information contained in your consumer report, which Equifax Canada, Inc., or TransUnion Canada the leading Canadian consumer credit reporting company, will obtain on our behalf. Equifax Canada, Inc. or TransUnion Canada will only use the information in your consumer report for the purpose of validating your identity and no other purposes. This enquiry through Equifax or TransUnion would let a soft check on your credit file, it would not affect your credit score in anyway.

6.2 If we are unable to validate your identity through the on-line process, you will be directed to an alternative, off-line process. Provided that we are able to validate your identity in this alternative, off-line process you will be able to enjoy on-line services that we have to offer.

By proceeding with this process, you agree to the use of your personal information for the purpose of validation of your identity to help facilitate the processing of your application for creating a client account and for no other purposes.

You may be required to provide one or both of the below documents to successfully activate your account/process your transaction.

Valid Canadian ID (Driving Licence, Canadian Passport/ Foreign passport with Valid Work Permit or Visa, PR Card, Citizenship Card)
Bank Statement/E Bank Statement - Should have name & Address OR Cleared Cheque

This process is required by FINTRAC to all Senders who are registering for Online Remittance Service first time or conducting on-going non-face-to-face transactions. For more information visit FINTRAC website.

7. PRIVACY POLICY

You consent to our processing your personal information for the purposes of providing the Service, including for verification purposes as set out in this clause. You also consent to the use of such data for communicating with you, and for statutory, accounting and archival purposes. You acknowledge that you have read and consented to Finmark Financials Privacy Policy. To read more on Privacy Policy click here

8. CANCELLATION AND REFUNDS

8.1 If you wish to exercise your right to cancel under this clause, you must submit a written request to one of the contact points listed on Refund Policy page, 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. If you exercise your right to cancel we may charge a cancellation charge.

8.2 REFUNDS OF PRINCIPAL AMOUNT and cancellation of the Money Transfer will be made upon written request of the Sender provided payment to the Receiver has not yet been made at the time the request is processed by Finmark Financials (“www.finmarkfinancials.ca”). Refunds will be made within 45 days of receipt of a valid written request from the Sender. REFUNDS OF FEES will be made upon written request of the Sender if the Money Transfer is not available to the Receiver within the time specified by Finmark Financials. (“www.finmarkfinancials.ca”) for the selected service, subject to the business hours of the location selected by the Receiver for payment and other special conditions. Refunds and Cancelation request must contains Sender's full name, address, and phone number, together with the Transaction tracking number, Transaction Amount, and the reason for your refund.

9. INTELLECTUAL PROPERTY

9.1 The Finmark Financials website and the Finmark Financials 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 Finmark Financials Online Site and the Finmark Financials Online Service shall remain our property and/or the property of such other third parties.

9.2 You agree not to display, use, copy, or modify the Finmark Financials Intellectual Property in any manner. You are authorized solely to view and retain a copy of the pages of our websites for your own personal, non-commercial use. You further agree not to: (i) engage in or use any automated devices, data mining, robots, scraping or similar data gathering or extraction methods to access or use the Service; (ii) modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service, in whole or in part, except that the foregoing does not apply to the information that you legally upload to the Service; (iii) remove or alter any author, trademark or other proprietary notice or legend displayed on our websites (or printed pages thereof); or (iv) infringe Finmark Financials or any third party's copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy.

9.3 The technology and software underlying the Service or distributed in connection therewith are the property of Finmark Financials, its affiliates and Service Providers (the "Software"). We hereby grants you a non-transferable, non-exclusive right and license to use the object code of any Software on your device(s) solely in connection with the Service, provided that you agree not to copy (except as expressly provided herein), modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights are solely reserved by Finmark Financials.

10. DISCLAIMER OF WARRANTIES AND LIABILITY

10.1 We will refund to you any benefit which we receive as a result of any breach of our agreement with you (this means that, for example, where a money transfer has failed in such circumstances we will refund to you the Transaction Amount and the Service Fee).

10.2 If a money transfer is delayed or fails, you may have a right to receive a refund or compensation under laws relating to the provision of international money transfer services. We will provide you with the details of your rights to a refund or compensation if you contact us using the contact details at the end of this agreement.

10.3 Any claim for compensation made by you and/or a Recipient (who is not registered with us) must be supported by any available relevant documentation.

10.4 If any loss which you or a Recipient (who is not registered with us) suffers is not covered by a right to payment under the laws referred to in clause 10.2, we will only accept liability for that loss up to a limit which is the greater of: (a) the amount of any service charge; and (b) CAD$50, unless otherwise agreed by us in writing. Our cap on our liability only limits a claim for loss arising out of any single transaction or related transactions, or (if a loss does not arise out of a transaction or 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 CAD$100.

10.5 We do not, in any event, accept responsibility for:

(a) any failure to perform your instructions as a result of circumstances which could reasonably be considered to be outside our control;
(b) 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;
(c) any losses or delays in transmission of messages arising out of the use of any internet service provider or caused by any browser or other software which is not under our control;
(d) errors on the website or with the Service caused by incomplete or incorrect information provided to us by you or a third party.

10.6 Nothing in this clause 10 shall (a) exclude or limit liability on our part for death or personal injury resulting from our negligence; or (b) exclude liability for our fraud.

10.7 Where you are sending a money transfer to a Recipient 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 Recipient.

10.8 Your relationship is with Finmark Financials only. You agree that no affiliate or agent of Finmark Financials owes you any duty of care when performing a task which would otherwise have to be performed by Finmark Financials under its agreement with you.

10.9 You agree to indemnify and hold harmless Finmark Financials, 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 this website or Service, all activities that occur under your password or account e- mail login, your violation of this Terms and Conditions or any other violation of the rights of another person or party.

10.10 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.

11. ELECTRONIC COMMUNICATIONS

11.1 You acknowledge that this Terms and Conditions shall be entered into electronically, and that the following categories of information ("Communications") may be provided by electronic means:
(a) This Terms and Conditions and any amendments, modifications or supplements to it.
(b) Your records of transactions through the Service.
(c) Any initial, periodic or other disclosures or notices provided in connection with the Service, including without limitation those required by law.
(d) Any customer service communications, including without limitation communications with respect to claims of error or unauthorized use of the Service.
(e) Any other communication related to the Service or Finmark Financials.

11.2 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 this Terms and Conditions.

11.3 In order to access and retain Communications, you must have or have access to the following:
(a) An Internet browser that supports 128-bit encryption, such as Internet Explorer version 9.0 or above;
(b) An e-mail account and e-mail software capable of communicating with Finmark Financials e-mail servers;
(c) A personal computer, operating system and telecommunications connections to the Internet capable of supporting the foregoing;
(d) Sufficient electronic storage capacity on your computer's hard drive or other data storage unit; and
(e) 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 http://www.finmarkfinancials.ca

Log Files
We use IP addresses to analyze trends, administer the site, track user's movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within this Company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.

12. TERMINATION

12.1 Either party may terminate this Terms and Conditions on one day's written notice.

12.2 We may terminate this Terms and Conditions with immediate effect if you:
(a) become, or are likely to become, insolvent or are declared bankrupt;
(b) are in breach of any provision of this Terms and Conditions;
(c) your use of the Service or the website is disruptive to our other customers, or you do anything which in our opinion is likely to bring us into disrepute;
(d) breaches or attempts to breach the security of the website (including but not limited to: modifying or attempting to modify any information; unauthorized log-ins, unauthorized 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);

13. COMPLAINTS

If you wish to make a complaint about any aspect of the Finmark Financials service, please send your complaint in writing to the address shown on the Contact Us page or by email to [info@finmark.ca]. No complains are accepted after 90 days of transaction date.

14. RESOLUTION OF DISPUTES

Any dispute or claim arising from or relating to this Money Transfer that involves a claim by Sender for less than $10,000, exclusive of interest, arbitration fees and costs, shall be settled by arbitration administered by the Canadian Arbitration Association ("CAA") under its Arbitration Rules for the Resolution of Consumer Related Disputes. Any other dispute or claim arising from or relating to this Money Transfer shall be settled by arbitration administered by the CAA under its Commercial Arbitration Rules, with such arbitration to be held in the most populous city in the province from which the Money Transfer was sent, or in such other location as the parties may mutually agree. Each party shall bear its own lawyer's, expert's and witness fees, which shall not be considered costs of arbitration. Judgment on any award rendered by the arbitrator may be entered in and enforced by any court having jurisdiction thereof. The parties agree that neither of them shall have the right to participate as a representative or a member of any class of claimants pertaining to any claim subject to arbitration under this paragraph and that claims of third parties shall not be joined in any arbitration between the parties. If any portion of this paragraph is deemed invalid or unenforceable, it shall not invalidate the remaining portions of this paragraph. THE PARTIES ACKNOWLEDGE AND AGREE THAT, EXCEPT AS EXPRESSLY PROVIDED IN THIS PARAGRAPH, THEY ARE WAIVING ALL RIGHTS TO A TRIAL BY COURT OR JURY AS A MEANS OF RESOLVING ANY DISPUTES ARISING OUT OF OR RELATING TO THIS MONEY TRANSFER

Mail us at:	Finmark Financials Attn: Request information on Terms and Conditions 3031A Hurontario Street, Mississauga, ON L5A 2G9
Email us at:	Subject: Request information on Terms and Conditions info@finmark.ca