Terms and Conditions

Introduction

These terms and conditions outline the rules and regulations for the use of Banffpay's services website (www.Banffpay.com), App and Other Channels.

By accessing this website and using our cross-border payment application and channels, you accept and agree to the terms and conditions which constitute the entire agreement ("Agreement") in this agreement. The Agreement governs your access to and use of Banffpay applications and channels including any content, functionality and services offered on or through the www.Banffpay.com domains, subdomains or sub-directories, regardless of your means of access and use (whether online or mobile, including by way of mobile application), whether as a guest or a registered user. Do not continue to use Banffpay if you do not agree to all the terms and conditions stated on this page. The following terminology applies to these agreement: "Client", "You" and "Your" refers to you, the person who log-on to this website and compliant to the Company's terms and conditions. "Banffpay” “The Company", "Ourselves", "We", "Our" and "Us", refers to Banffpay Limited. "Party", "Parties", or "Us", refers to both the client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of providing services to the client in the most appropriate manner for the express purpose of meeting the client's needs in respect of provision of the Company's stated services which can include contract or contracts for the exchange, sale and delivery of currency (the “Contracts”) and agree that all Contracts shall be carried out on the terms and conditions set out herein , in accordance with and subject to, prevailing law of Canada. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

General Information

In entering into a contract, the client must not treat any information or comments by Banffpay as advice and must rely only on its own judgment. Each party agrees to make timely delivery of the service in accordance with the Contract and as specified in the verification, define therein below.

The client shall pay by electronic funds transfer (or by such other means as agreed with Banffpay in any particular case) in cleared funds into a financial account nominated by Banffpay, the full value for services (including all applicable fees and charges if any) as detailed and defined process by Banffpay. Failure by the client to make necessary payments shall relieve Banffpay of any obligation to deliver any corresponding services it may be required to make under the Contract. The client authorizes Banffpay to use the financial information provided by the client for the completion of a service request.

The client represents to Banffpay that, both at the date of acceptance by the client of this agreement and at the time each service request is made or carried out:

1. The client is acting as principal for its own account and has full power and authority and has taken all necessary steps to enable it lawfully to enter into and fulfil this agreement.
2. All sums paid to Banffpay under the service belong to the client and are not subject to any charge or other rights of third parties.
3. All information supplied to Banffpay by the client is, or at the time it is supplied will be, accurate in all material respects and the client will not omit or withhold any information which would make such information inaccurate in any material respect.
4. In the event that the information provided by the client is wrong and services have been rendered, Banffpay is not liable for a refund. It's the client's responsibility to pursue a refund, Banffpay will support where necessary.

Banffpay warrants that it abides with its privacy policy which can be found at https://www.Banffpay.com/privacy.

This agreement and any relationship between Banffpay and the client shall be governed by the laws of the Province of Alberta and the laws of Canada applicable therein and shall be subject to the exclusive jurisdiction of the courts and tribunals of Alberta, Canada.

The parties confirm that it is their express wish that this agreement, as well as any other documents relating to this agreement, including notices, have been and shall be drawn up in the English language only. client has the right to close his/her wallet any time it deems necessary to stop transacting with Banffpay.

Registration

1. All new users must sign up for Banffpay account before using any Banffpay Services.
2. Your Banffpay account is not issued by a bank. Therefore, no interest will accrue or be paid on the wallet balances.
3. In compliance with Canada Anti-Money Laundering law, we are required to obtain, verify, and record information about you. Therefore, you agree: to provide us with all relevant information and documents requested by us, and all other information as prompted by the service's registration form; that all information provided to Banffpay at any time, is accurate and current, and no material information has been withheld; that you will update any information immediately at the time of changing, to keep it accurate, current and complete; and that Banffpay may lawfully conduct necessary investigations directly or through a third party to verify your identity as part of the registration process.
4. Furthermore, by entering into this agreement, you are consenting to Banffpay making inquiries with third parties, including credit bureaus', to verify the information that you supply as part of wallet creation.
5. You consent to the storing of this information for the purposes of identity verification. WHERE INFORMATION PROVIDED IS MISREPRESENTED, OR WE HAVE GROUNDS TO SUSPECT THAT SUCH INFORMATION IS INACCURATE, NOT CURRENT, OR INCOMPLETE, BANFFPAY RESERVES THE RIGHT AT ALL TIMES, TO SUSPEND OR TERMINATE THE SERVICE.

Eligibility

To be eligible to register for and use our Services, you must:

1. Be at least (18) years or are of legal age.
2. Canada resident, physically located in Canada.
3. Intend to use the Banffpay services for your own use and not on behalf of, or as agent to, any other person or entity.
4. Not a person listed on any sanctions list in Canada or any other country.
5. Not a Politically Exposed Person as defined in Canada anti-money laundering/anti-terrorist-financing legislation.
6. Meet Banffpay's anti-money laundering standards applied at our sole discretion.View AML / CFT Policy.

IT IS YOUR RESPONSILITY TO READ AND UNDERSTAND THE PARTNER TERMS BECAUSE THEY CONTAIN TERMS AND CONDITIONS CONCERNING YOUR BANFFPAY ACCOUNT, INCLUDING BUT NOT LIMITED TO LIMITATIONS, REVERSALS, AND ARBITRATION PROVISIONS, AND YOUR RELEVANT RIGHTS AND LIABILITIES

Liabilities

1. Disclaimer of Warranties

   Banffpay Service is provided on an “as is” and “as available” basis. Except as warranted in this Terms of Use, we expressly disclaim all warranties of any kind, whether express or implied or statutory, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, data accuracy & completeness, and any warranties relating to non-infringement in the Service. We shall not be responsible or liable for the authenticity, accuracy, completeness, errors, omission, typographic errors, disruption, delay, interruption, failure, deletion, defect of any information, research, reports, analysis, quotes etc. in this Web site or any part thereof.

   Also, we shall not incur any liability direct or indirect, to you or any third party, as a consequence of non-functioning of any equipment belonging to you, any third party or us. We shall not be responsible for any downtime of such equipment.

2. Indemnification

   You will defend, indemnify and hold harmless Banffpay, its parents, affiliates, licensors, suppliers, Issuer, contractors and their respective shareholders, directors and officers, assigns, and successors-in-interest from any and all liabilities, damages caused by any virus, personal injury, loss of profits, data or other intangible, any damages arising from interruption, suspension or termination of Service, including but not limited to direct, indirect, incidental, special, consequential or exemplary damages, whether such interruption, suspension or termination was justified or not, negligent or intentional, inadvertent or advertent, causes of action and costs arising out of or resulting from:

   1. a. your failure to comply with this agreement.
   2. b. your use of the Services, or any part of them.
   3. c. your alleged or actual negligent or willful acts or omissions, or those of your agents or employees.
   4. d. any third party's use of your Account or your Services.

   In no event will our liability for any claim, whether in contract, tort, or any other theory of liability, exceed one Canadian dollar only.

   You also agree that your sole remedy under this Terms of Use is cancellation of the Service.

3. Undertaking to Banffpay

   You represent and warrant that all information that you enter regarding the services is true and complete. When processing a service request, Banffpay may rely on the registration information and service request information that you provided. You acknowledge that any errors in the information, including misidentification of Beneficiary (s), incorrect or inconsistent account names and numbers, or misspellings, are your responsibility and that Banffpay shall have no liability for executing a service request based upon the inaccurate or incomplete information you provided.

4. Cancellation Of Instruction

   Once we have received your Instruction, you cannot cancel it. Notwithstanding this clause, we may in our absolute discretion, attempt to reverse your Instruction if you have informed us that you wish us to do so. In some cases, we may have initiated an irreversible request for funds to be paid out to your Payee by a Service Provider. If this is the case, we cannot guarantee that the reversal will be successful.

Reward

You may choose not to provide certain information, but this may limit your ability to use certain features of our App or Site. You can also review and update your account information at any time by logging into your account settings.

Charges and currency exchange

You must pay us the fee stated for each service. We will not charge you any other fee for such services thereafter. For each transaction you initiate, you authorize us (or anyone authorized by us) to take payment from your wallet for the transaction amount, plus a fee, that shall be charged to you for initiating the transaction (the "Fee"). Please note that in addition to the Fee applicable to a transaction, a currency exchange rate may also be applied.

Restriction on Maximum Transaction value

There are limits on the amount you are able to send. We will, as necessary, tell you what they are. We may refuse to send the money or allow it to be collected if we reasonably believe that:

1. by doing so we might break any law, regulation, code, or other duty that applies to us.
2. doing so may expose us to action from any government or regulator.
3. it may be linked with fraudulent or illegal activity. Unless the law prevents us, you can call us, and we will tell you the reasons for our refusal and how you can put right any errors that led to our refusal. If you prefer (and the law allows), or if the law requires, we will return the money to you.

Data Protection and Privacy

We may process data provided by you and the details of your transaction on our systems in order to provide you with requested services and or to prevent fraud. We may also use information collected for servicing of your relationship with us (including the administration of your account, protection from fraudulent activity, market research, special promotions, and sending you information about our services) as permitted by applicable law. You hereby appoint us to provide your details and explicit consent to your mobile network operator and their authorised data sources so that they can provide further information about you to us, including (if available), your name, address, email and device data for these purposes. You also warrant that you have consent for all personal information you will share with us.

We may, for the above purposes, share the collected personal information with our parent, affiliates, agents, or service providers, any of whom may be in a country other than your own. We will not share the information with anyone else except as permitted or required by law or regulation.

You may request access to your personal information, ask for the information to be corrected or updated, or withdraw your consent for marketing use at any time by e-mailing us at care@banffpay.com or call us at +1 403-453-5703. Please allow at least 4 weeks for processing of your request.

Termination and Enforcement of action

We may, without notice (except as required by law) and without liability to you, terminate or suspend your access to the Banffpay App/platform at any time, including without limitation, if:

1. you attempt to Transfer or charge funds from an account that does not belong to you or from an account which does not have sufficient available funds or has expired
2. your financial institution attempts to charge back a Transfer on the basis of a dispute related to a Transfer.
3. you provide incorrect or false information about yourself or about a Recipient.
4. you attempt to tamper, hack, modify or otherwise corrupt the security or functionality of the Banffpay Platform.
5. you have breached a term or condition of this Agreement, or any representation or warranty that you make under this Agreement is false.
6. we determine that your Profile is inactive.
7. we believe that your transaction may expose us to action from any government or regulator. We may, without liability to you, terminate or suspend your access to the Banffpay Service at any time and for any reason by giving you 30 days' notice.

To close your Profile, contact Customer Service through the Website. If we close your Profile for any reason, we may, in our sole discretion, cancel your pending service requests.

Disclaimer

To the extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will exclude or limit :

1. our or your liability for death or personal injury.
2. our or your liability for fraud or fraudulent misrepresentation.
3. you provide incorrect or false information about yourself or about a Recipient.
4. any of our or your liabilities in any way that is not permitted under applicable law; or
5. any of our or your liabilities that may not be excluded under applicable law.

The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer:

1. are subject to the preceding paragraph.
2. govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.

As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.

Cookies

We employ the use of cookies. By accessing Banffpay website, you agreed to use cookies in agreement with Banffpay Limited Privacy Policy.

Most interactive websites use cookies to let us retrieve the user's details for each visit. Cookies are used by our website to enable the functionality of certain areas to make it easier for people to visit our website. Some of our affiliate/advertising partners may also use cookies.

Intellectual Property Rights

The name Banffpay and other names, trademarks and service marks on this site are the property of Banffpay or other third parties and may not be used or copied without prior written permission from Banffpay.

All communication, postings, and uploads to this site become the exclusive property of Banffpay. You may not reproduce, reverse engineer, disassemble, modify, or create derivative works from the site. You may not remove any copyright, trademark or other intellectual property or proprietary notice or legend contained on this site or its content.

How We are Regulated

We are a Financial Technology Company and Money Service Business (MSB) authorized and regulated by the Financial Transactions and Reports Analysis Centre of Canada ('FINTRAC'). The financial services register is available at https://fintrac-canafe.canada.ca/

For questions, notices, and requests for further information, reach us at:

1. Call: +1 403-453-5703
2. Email: care@banffpay.com