This document (hereinafter — the Terms and Conditions) contains the
principal provisions pertaining to the operation of the Grembis System and
working in this System.
The Terms and Conditions define the principles and conditions on which the
Administrator – GREMBIS LIMITED Corporation No:1345006-6, 25 Peter Street,
Suite 33, Toronto ON M5V 2H1, Canada, BN number 769773003RC0001
(https://ised-isde.canada.ca/cc/lgcy/fdrlCrpDtls.html?lang=eng&corpId=13450066)
provides the Customers with an access to the System Services, charging Fees
as per the agreed Rates, and a Customer shall use the System and its
Services in accordance with these Terms and Conditions and Internal
Policies.
These Terms and Conditions are the Administrator’s official public offer
intended for eligible parties regarding the opportunity to use the System
and its Services.
Pertaining to any and all matters not provided for in the Terms and
Conditions, the Administrator may regulate such matters on the basis of its
Internal Policies providing information regarding such Internal Policies on
the Website. Acceptance of these Terms and Conditions means Customer’s
consent with all provisions of both the Terms and Conditions and Internal
Policies.
The content of the Website is provided on an “as is” basis for information
purposes only. The Administrator shall not make any guarantees,
representations or warranties both express or implied, that the content of
the Website is accurate, up-to-date, and complete and/or can be used as a
basis for any action or inaction.
Unless the context otherwise demands, words importing any gender shall be
interpreted to mean any or all genders.
Definitions of Terms
Account shall mean the virtual profile of a Customer in the System
registered in accordance with these Terms and Conditions and Internal
Policies. Unless otherwise specified, the Account shall mean Personal
Account.
Administrator’s Contact Details shall mean the following addresses from the
Administrator's side:
for communication by mail: 25 Peter Street, Suite 33, Toronto ON M5V
2H1, Canada
Applicant shall mean either an individual willing to create an Account and
submitting the registration application via the System.
Authorization Details shall mean a combination of the Login and Password.
Authorization shall mean the process of authenticating a person by the Login
and Password.
Chargeback shall mean the procedure of cancelling a bank card payment
initiated by the cardholder through their bank.
Contact Details shall mean email address and mobile number entered by a
Customer into the System.
Customer shall mean an individual being an Account holder, who has completed
the Registration and has a right to use the System in accordance with the
Terms and Conditions and Internal Policies.
Dormant Account shall mean the Account in which the Customer has not log for
one year or more.
Fees shall mean remuneration charged by the Administrator for the System
Services provided to a Customer.
Funds shall mean electronic money that is owned by a Customer and accounted
for as funds in the Customer’s Wallet.
Internal Policies shall mean the Administrator’s internal documents that
govern operation of the System published on the Website.
Login shall mean a Customer’s email address or an alphanumeric combination
specified by a Customer.
Parties shall mean the Administrator and a Customer.
Password shall mean an alphanumeric combination specified by a Customer
during the Registration used together with Login to access the Account.
Payment Order shall mean an instruction requesting the execution of a
Transaction given by a Customer in an electronic form through the System.
Payment shall mean Funds accounted for as funds in a Wallet and transferred
from a Customer to a third party or from a third party to a Customer.
Personal Account shall mean the Account created by an individual.
Prohibited Activities shall mean activities characterized by one or more of
the following qualities: constitute criminal offense in a Customer’s country
of residence; are connected with sales of goods, works or services
distribution (GWS) prohibited for sale in a Customer’s country of residence;
are prohibited under the applicable laws; are connected with sales of any
GWS (any and all transactions) referred to in Appendix 1 to the Terms and
Conditions; contradict the accepted universal standards of ethics and
morality.
Registration shall mean the result of entering the registration details in
the System, after which an Applicant accepted the Terms and Conditions and
is identified by the System.
Shell Bank shall mean a bank that has no physical presence in the
jurisdiction in which it is registered, and which is unaffiliated with a
financial organisation that is subject to relevant legislation.
Suspension of Account shall mean suspension by the Administrator of all the
Transactions from all the Customer’s Wallets in cases stipulated in Section
12.
System Services shall mean Transactions carried out with the use of the
System for receipt and transfer of Funds from/to Customers’ Wallets.
System shall mean a set of hardware and software developed, created and
operating for the purpose of the Administrator’s providing the System
Services to a Customer.
Transaction shall mean an act initiated by a Customer of receiving to or
sending from the Wallet Funds within the System.
Type of Wallet shall mean a Wallet in one of the available currencies.
Unverified Account shall mean the status of Account of a Customer who has
not completed the Verification.
Verification shall mean a procedure of entering data by the Customer to the
System and its confirmation, by filling-out an online questionnaire and
attaching supporting documents, in compliance with guidelines provided for
in the Customer’s Account in accordance with the requirements of the current
legislation and the clauses 4.5. - 4.9. of the Terms and Conditions.
Verified Account shall mean the status of Account of a Customer who has
completed the Verification.
Wallet shall mean the part of the Account which reflects the balance of the
Funds owned by a Customer in one of the chosen currencies. One Account can
have multiple Wallets .
Website shall mean grembispay.com
General Provisions
To become a Customer and use the System Services, an Applicant has to create
the Account in accordance with the procedures stated in the Section 4.
The Customer has a right to receive the information about the System
Services provided by the Administrator, about these Terms and Conditions and
Internal Policies, to obtain access to the System Services in accordance
with a Customer’s Status and any other restrictions described by the present
Terms and Conditions and the Internal Policies.
The Customer may receive technical and informational support in relation to
the use of the System Services.
The Customer shall:
comply with the provisions of the Terms and Conditions and Internal
Policies;
provide accurate, complete and up to date information during the
Registration in the System, the Verification and at any request of
the Administrator due to the Terms and Conditions and the Internal
Policies;
not allow any third parties to use the Customer’s Account;
take all reasonable measures to keep the Authorization Details
secret and not to disclose them to any third parties. The Customer
shall assume full responsibility for the security of its
Authorization Details and for all the risks related to their loss,
theft and/or compromise;
immediately notify the Administrator via contacting the Customer
Support when discovering a Transaction carried out without
permission of the Customer, unauthorized access to the personal
information, or loss of the Authorization Details;
use fully operational device with Internet access;
not use any malicious software on their computer (or any other data
carrier); use only licensed software; work with the System on a
computer that has the following installed: antivirus software with
the database updated to the date, the updated version of a browser,
all the necessary updates for the operating system and the software;
not use the System to carry out Transactions aimed at obtaining
illegal profit or tax evasion;
not use the System for any purposes that violate laws of the country
of the Customer’s residence, including attempts to carry out
Prohibited Activities ;
ensure that the Funds balance in their Wallets is not negative;
undertake full responsibility for any cancelled, invalid, and
disputed Transactions, and for any Chargebacks;
not make the Transactions to/from the Shell banks.
The Administrator shall provide the System Services to the Customers in
accordance with these Terms and Conditions and the Internal Policies.
The Administrator shall keep the Customer’s Funds credited to the Account
safe.
The Administrator shall fulfil Customer’s orders for disposal of Funds on
the Account within the framework provided for by these Terms and Conditions,
Internal Policies and current legislation.
The Administrator shall retain a right to change the System Services,
including updating software, procedures and interfaces.
The Administrator may suspend operations of the System in the event of
detecting any defects or failures, for maintenance purposes and the purpose
of preventing unauthorized access to the System, and also in order to carry
out preventive maintenance.
The System Services are subject to the Fees in accordance with the Section 6
of the Terms and Conditions.
The Administrator organizes and carries out control over the Customers’
compliance with the Terms and Conditions and Internal Policies. The
Administrator may refuse to carry out a Transaction in the cases that are
prescribed by the Terms and Conditions, any other additional agreement, the
Internal Policies, or current legislation.
The Administrator provides its services to legal entities and individuals.
The Administrator does not provide banking services. Funds are not a deposit
and can only be used to carry out payment transactions. Customer payment
accounts are not insured by the Canada Deposit Insurance Corporation (CDIC)
or protected by other similar deposit guarantee instruments. Instead,
customer funds are held in transit in protective accounts with reputable
credit and payment institutions.
Registration, Verification and Accepting Terms and Conditions
The Applicant willing to create the Account shall complete the Registration:
to fill out the registration forms on the Website, to provide the
registration details and to accept these Terms and Conditions by clicking
the “Register” button.
Once the Applicant accepts these Terms and Conditions, it shall be deemed a
bilateral agreement of the Parties.
During the Registration the Applicant shall provide the following
registration details to the Administrator: An individual:
Name;
Surname;
Email address;
Password.
By accepting the present Terms and Conditions, the Applicant declare that
he/she is acting on his own behalf only and not acting on behalf or in the
interest of third parties.
When undergoing the Verification in order to gain the full access to the
System Services, available to the Verified Accounts, the Customer shall
provide the following data to the Administrator:
An individual shall provide the Administrator with:
An image of a valid ID document issued by an authorised state body,
containing a unique identification number and Customer’s photo;
Customer’s mobile phone number;
Liveness check;
Proof of address;
The Internal Policies may require the Customer to disclose
information on the purpose of the Account creation, source of
wealth, occupation and name of employer;
To identify the Customer and manage fraud, the Administrator may
demand that the Customer undergoes authentication with the use of
videoconference, including the use of the third-party services.
To verify the phone number indicated by the Customer in the System, the
Administrator shall send an automatically generated one-time password to the
indicated phone number that should be entered at the Website.
If the data subject to clause 4.5.1. is not provided or proved to be
unreliable, incomplete, outdated in full or in part, the Verification shall
be deemed failed.
The Verification usually shall be performed within 24 hours after the
Customer has provided the requested data. The Verification may exceed the
period of 24 hours, in case the Administrator has a reasonable ground to
perform the enhanced due diligence.
The Verification shall be deemed completed at the moment the Customer
receives the confirmation from the Administrator via the email or via the
phone number provided by the Customer in the System at the choice of the
Customer. Once the Verification is completed, the Customer may use the full
scope of the System Services available for the Verified Accounts.
The Customer shall notify the Administrator about any changes in the data
provided for the Verification in a timely manner and provide up-to-date data
as soon as reasonably possible.
The Administrator may ask the Customer at any time and at its discretion to
confirm that the documents and data provided by the Customer are accurate,
complete and up-to-date and/or to provide additional supporting documents
and/or data. within 14 days.
If the Customer fails to provide requested documents and/or data within the
period provided for by clause 4.11., the Administrator may:
cancel the Account Verification;
Apply Suspension of Account.
Account
Once the Applicant completes the Registration, the Account is created, and
the Applicant becomes a Customer.
The Customer may create separate Wallets for the different currencies
available for use. All Funds transferred to the Customer’s Account are
stored in the Wallets in corresponding currencies.
Funds can be kept in a Wallet for an indefinite period of time except for
the cases provided for by Section 14 for the unclaimed funds, and no
interest is charged or incurred for any Funds kept in a Wallet.
Certain limits may be applicable to a Wallet in respect to replenishment of
Funds, payments and withdrawals of Funds, depending on the Customer’s
Status, Type of Wallet, and other factors that the Administrator may take
into account. These limitations are determined in accordance with these
Terms and Conditions and are available at the Website.
The Customer may create a Personal Account. The description of special
features of Personal Accounts are available on the Website.
To create the Account, an individual must be 18 years or older, acting in
full capacity in accordance with his national laws. By creating the Personal
Account, the Customer declares that he has reached the age of 18, the
Administrator may demand that the Customer files a confirmation of his age
at any time.
Accounts may not be created for citizens from countries that are not on the
list of Supported countries.
The Customer may create an Account only if this does not contradict to the
provisions of the laws of the country of his permanent residence or
Customer’s registration. By creating the Account, the Customer declares and
guarantees to the Administrator that opening of such an Account by the
Customer does not violate any laws or regulations applicable to the
Customer. The Customer shall compensate the Administrator an amount of all
losses incurred by the Administrator if the Customer violates provisions of
this clause.
The information on a Customer’s Transactions with the Funds and use of his
Wallet is recorded and kept by the Administrator for the duration of the
effective term of these Terms and Conditions and for a period of 5 (five)
years after these Terms and Conditions are terminated and the Account is
closed.
By making the new Transaction resulting in the change of balance of Funds in
the Wallet, the Customer confirms the Wallet balance. The Customer’s
confirmation is expressed by clicking the appropriate button confirming the
new Payment order.
An access to the Wallet and any Transactions involving the use of the Wallet
are only available upon the Authorization.
A login is generated by the System by default from email indicated by the
Customer upon Registration or changed upon Customer’s request sent to the
Customer Support. The password shall be generated by the Customer
independently. The login and password shall be used for Authorisation and
can be changed at any time.
The Customer is responsible for keeping the Authorization Details
confidential. Any actions related to an Account performed with the use of
the valid Authorization Details shall be considered to be as actions
performed by the Customer.
In case the Customer fails to enter the Authorization Details 3 times, the
Account shall be suspended. To recover the access to his Wallet, the
Customer shall contact the Customer Support.
In case the Customer loses the Authorization Details, the Customer shall
contact the Customer Support and request to recover the access to his
Wallet.
In order to recover the access to the Personal Account:
1. The Customer requests the link to be sent to the email provided by the
Customer in the System;
2. In case the Customer has verified the mobile number, the Customer
receives a digital code via SMS and enters the received code at the website
available by the link sent to the Customer’s email indicated by the Customer
in the System;
The Customer may close the Wallet at any time by contacting the Customer
Service. Closing the particular Wallet does not lead to the Account closure.
The Customer is restricted from registering multiple Accounts. Otherwise,
the Administrator shall have the right to automatically mark such accounts
as fraudulent and suspend the provision of the System Services of all such
Accounts.
Transactions
The Customer may replenish to and/or withdraw of the Funds from his Wallet
by logging into his Account on the Website and following the relevant
instructions for the Wallet replenishment and the withdrawal. The ways of
the Wallet replenishing may vary depending on the location of the Customer.
The currently available methods of the replenishment and the withdrawal are
available at the Website.
Wallet replenishment and the withdrawal of the Funds are the payment
services provided by third parties; therefore, they are not a part of the
System Services.
The replenishment to and/or the withdrawal of the Funds from the Wallet is
carried out in accordance with the procedure set forth in the Terms and
Conditions, Internal Policies, policies of third parties that provide
services, and applicable law.
The Administrator may restrict the range of the Wallet replenishment and the
withdrawal methods for certain categories of Customers depending on the
degree of risk of the activity and / or transactions of the Customer.
Specific restrictions are available on the Website.
When a Wallet is replenished by third parties, all rights and
responsibilities pertaining to the Funds credited to such Wallet shall be
the Customer’s. Such transactions made by the third parties are considered
by the Parties as activities by a third party on Customer’s behalf and for
Customer’s benefit.
The Administrator sets the limits for the Wallet replenishment for the
security reasons. The Customer may view the limits in the Customer’s Account
profile upon choice of one of the replenishment methods available.
Additional fees may be charged by the third parties for the Wallet
replenishment or the withdrawal, depending on the method of the
replenishment or the withdrawal.
A Transactionis carried out on the basis of a Customer’s Payment Order
electronically with the use of the Wallet.
When the Administrator receives a Payment Order to transfer Funds from the
Customer’s Wallet, the Administrator identifies the Customer using the
Authorization Details. In some cases, the Administrator may demand that
additional identification procedures should be completed before a Payment
Order is fulfilled.
All the Transactions carried out with the use of the Authorization Details
of the Customer shall be considered as Transactions carried out by the
Customer unless the Administrator is notified on the unauthorized or
fraudulent use of the Account in accordance with the clause 3.4.5.
The Transaction not exceeding the applicable limits set for the Wallets
shall be performed without undue delay not later than 24 hours after the
Payment Order is received by the Administrator. The timing of a Transaction
that depends on third-party financial services is determined in accordance
with the policies of such third parties. The Administrator shall not be
liable for the delay caused by the fault of the third parties.
The Administrator may send the notifications to the Customer via email
address indicated by the Customer in the System on the Transactions executed
with the use of the Account by default. The Customer may disable the
notifications in the Account on the Website.
The Administrator may restrict the list of payees of the Funds for certain
categories of the Customers depending on the degree of risk of the activity
and / or transactions of the Customer. Specific restrictions are available
on the Website.
Existing limits on the amount of the balance of Funds in the Wallet and
amount of payments applicable to different statuses of Accounts and
categories of Customers, depending on the level of risk associated with
Customer’s activities, and/or transactions are available on the Website.
The Customer may choose a method for a withdrawal by creating a request for
a withdrawal of the Funds from his Wallet. During a withdrawal of the Funds,
the Customer may be requested to undergo the Verification. For the
withdrawal of Funds, an amount of Funds on a Customer’s Wallet should be
sufficient to cover the Fees for the withdrawal of Funds.
To replenish the Wallet with the use of a bank card, the Administrator may
request the Customer to undergo the verification procedure “Know Your
Customer” in accordance with the AML Policy.
If the Customer successfully undergoes the Verification and the Funds are
credited from the Customer’s bank card to the Wallet, the card transaction
is non-refundable. If the Customer does not complete the identification
procedure, the card transaction is refunded automatically. The refund to a
bank cardmay take up to 14 business days depending on the Customer’s bank's
policies.
The Customer shall be entitled to exchange the currency contained in his
Account for the other available currency within the System at the exchanged
rates indicated in the System. The list of currencies is available on the
Website.
The Customer shall be entitled to transfer the Funds between his Wallets
within his Account or to the Wallets of other customers’ Accounts within the
System.
The Customer may download the electronic reporting documents on the executed
transactions for any period of time at his own discretion in his Account
free of charge.
All Transactions executed by the Customer using the System are final and are
not subject to disputes, revisions or cancellations, with the exception of
Wallet replenishment Transactions performed using the external systems that
have been classified as fraudulent.
Rates and Procedures for Charging Fees
The Administrator shall charge the Fees for the Services provided to the
Customer.
The amount and procedures for charging the Fees are available on the Website
in the “Rates” section.
The Administrator may unilaterally change the Fees rates. Such changes and
amendments shall come into effect from the day that such changes and
amendments are published on the Website.
All Fees are calculated in the currency of Transaction and rounded off to
the nearest whole cents.
The System Services provided to the Customer by the Administrator are not
subject to VAT or any other turnover taxes.
All the applicable Fees are charged from the Customer’s Wallet by the
Administrator upon the completion of a Transaction subject to the Fees, or
at the moment when the Administrator has substantiated grounds to charge the
applicable Fees.
If the current balance on the Wallet is not sufficient to charge the
applicable Fees, the Administrator may reject the Transaction and request
the Customer to pay the applicable Fees.
Personal Data
Privacy Notice applicable for the Applicants and the Customers is available
on the Website as a separate document.
Liability
In the event of failure to comply and/or improper fulfilment of the
obligations under these Terms and Conditions, the Parties shall be
responsible in accordance with the provisions of these Terms and Conditions,
the Internal Policies, and the applicable laws.
If the Customer delays the fulfilment of any obligation in the monetary form
as set forth in these Terms and Conditions, the Customer shall pay to the
Administrator a penalty fine in the amount of 0.1% (one tenth of a
percentage point) of the amount of such delayed funds to be transferred to
the Administrator for every day of such delay. The Customer shall pay to the
Administrator the penalty fine as specified in this clause of the Terms and
Conditions within 3 (three) business days after the date the Customer
receives a relevant request from the Administrator in writing or
electronically. The Administrator has the right, but not the obligation to
send a penalty fine payment request.
The Customer shall repay to the Administrator the damages incurred as a
result of any damages charged from the Administrator due to the Customer’s
violations of the applicable laws when using the System on condition that
the Administrator can provide the relevant documents that confirm the amount
of the damages incurred by the Administrator.
The Customer shall be responsible for all Transactions accounted for in the
Wallet, including any Transactions with the use of bank payment cards. These
Transactions shall also include the Transactions executed by the third
parties that have access to the Customer’s Wallet.
The Customer shall take full responsibility to get acknowledged with the
current legislation of the Customer’s residence, regulating the Account
opening and money transfer Transactions via the System. The Administrator
shall not be liable for any breach of the national laws by the Customer
resulted by the use of the System. If a Customer’s use of the System and
Services contradicts the laws of this Customer’s jurisdiction, such Customer
should immediately stop using the Services.
The Customer shall take full responsibility for all the risks related to the
use of the Internet during a Customer’s interaction with the Administrator,
other Customers and third parties.
The Customer shall not undertake any activity that misleads other parties
about services offered by the Administrator, which can directly or
indirectly damage the Administrator’s reputation, including but not limited
to impersonating themselves as representatives of the Administrator in any
way or context, providing false data related to the System including but not
limited to falsifying transaction IDs, wallet IDs and any other data. as
text, screenshots, or any other media, creating clones of the
Administrator’s website, and other similar activities. In case of violation
the Administrator reserves the right to suspend the Customer’s Accounts,
freeze funds for the period of investigation, and limit the usage of the
System in other ways. The Administrator also reserves the right to pursue
legal action in courts of applicable jurisdiction, including cases when this
rule is violated by other parties that are not the Customers of the
Administrator.
The Customer shall protect the Administrator’s interests, reimburse the
Administrator’s losses and pay compensations to the Administrator as well as
indemnify the Administrator and his affiliates against any claims or
damages, costs or expenses (including expenses for legal support, penalties
or forfeits) resulting from violation by the Customer of these Terms and
Conditions or any applicable laws or regulations and (or) use of the System.
This provision shall survive termination of relations between the Parties.
If, through the Customer’s fault, a completed Payment serves as a ground for
a payer to file a claim to the Administrator for protection of his violated
right, the Administrator may demand that the recipient of the Funds
reimburses losses resulting from collection of funds or other property from
the Administrator to the benefit of the payer.
Disclaimer
The Administrator shall have no responsibility to the Customer in the event
of:
The Customer transfers his data to any third parties, deliberate
provision of access to his Wallet in the System, or any other
violation of the confidentiality of a Customer’s information caused
by the Customer’s fault;
Illegal activities of any third parties, including those related to
the use of the Customer’s registration data and a Customer’s email
or the Authorization Details;
Presence of any viruses or any other malicious software in the
hardware and software used by the Customer to access the System;
Any disputes pertaining to any transactions between the Customers
made via the System;
For violation of the current legislation by the Customer in relation
to the use of the System as well as for the complaints pertaining to
the Customer from tax, regulation, and law enforcement authorities
regarding any reporting documentation or taxation in relation to the
Customer’s transactions involving the System;
If the Customer does not have access to software or hardware that
ensure the use of the System;
If the Customer cannot be reached by using the Contact Details filed
thereby, particularly, due to the reason that the Customer filed
unreliable data or fails to update such data in a timely manner;
For any payment services provided to the Customer by third parties;
For any actions taken by third parties whose websites the Customer
visited following a link or information provided on the Website;
For temporary inoperability of the System, malfunctioning and errors
in the operation of hardware or software (including disconnection or
damage of electricity supply and communication networks, software
malfunctioning, interruption of mail services, Internet provider’s,
payment system operations, disruption in other lines, channels
and(or) networks that are provided, offered or serviced by third
parties, etc.), occurred not through the Administrator’s fault; in
this case, the Administrator shall not bear responsibility for
Customer’s possible losses.
In the event of the loss of the Authorization Details, the System’s locking
a Wallet, a Customer’s loss of the Password, Suspension of Account, or other
events that cannot be remedied without Verification, the Administrator shall
have no responsibility if the access to the Account cannot be recovered
because the Customer is lacking access to his email, mobile number, or the
inability to make actions in accordance with the provisions of clauses
5.19., 5.20. of the Terms and Conditions.
The Administrator shall not be responsible for any damages and losses
incurred by a Customer or by any third party as a result of:
Suspension of Account in accordance with these Terms and Conditions
or the requirements of the law;
Failure to pass the Verification;
Incorrect completion of Payment Orders to carry out the Transactions
or completion by mistake;
Violation by the Customer of the established procedure for making
Payments;
Administrator’s or third parties’ compliance with the legislative or
regulative requirements;
Failure to read the up-to-date version of the Terms and Conditions
or the Internal Policies and other information published at the
Website;
Impossibility to use a desired payment method at the Customer’s
location;
Violation by the Customer of these Terms and Conditions or Internal
Policies, as well as the Administrator’s instructions and
guidelines.
In any event, the Administrator’s responsibility to a Customer shall always
be limited to the amount that does not exceed the amount of the Fees charged
to such Customer for a period of the previous 3 months.
The Administrator shall not be responsible for any indirect or consequential
damages incurred by the Customer or any third parties, including any loss of
profit, loss (forfeit, non-receipt, unsubstantiated spending) of revenue,
income, contracts, customers, time, data, enterprise, or reputation.
The Administrator shall provide to the Customer Services “as is” as at the
moment, without any express, implied or statutory representations or
guarantees.
Communication Between The Parties
11.1.The Administrator shall use the Contact Details as mean of
communication with the Customer.
Communication between the Customer and the Administrator is carried out in
English.
The Customer may contact the Administrator at any time using the Customer
Support chat available on the Website, or by the email [email protected]
The Administrator may inform the Customer on the changes in the Services
provided either by sending the email notifications or by posting the updates
on the Website.
The document flow between the Customer and Administrator shall be in
electronic form via the Account. Moreover, the use of the Authorisation
Details by the Customer shall be deemed by the Parties due and sufficient
method of the Customer Authentication for the purposes of the document flow
as well as for confirmation of authenticity and integrity of the provided
electronic document, except for the cases provided for by the Terms and
Conditions or the Internal Policies. Entering the Customer’s Authenticated
Data shall be deemed by the Parties equal to the Customer’s handwritten
signature.
Suspension of Account
The Administrator, at its discretion, has a right to unilaterally and
without a prior notification of the Customer apply Suspension of Account in
the following events:
Objectively justified reasons relating to the security of the
Account;
Suspicion of unauthorized or fraudulent use of the Account;
The activities of the Customer are deemed suspicious or
controversial to the Terms and Conditions, other agreements
concluded between the Customer and the Administrator, Internal
Policies or the requirements of current legislation;
Requirement by a court order or command by a regulatory authority or
by any applicable laws and regulations;
The Account is subject to a governmental proceeding, criminal
investigation or other pending litigation;
the Customer fails to confirm that his documents and data are
accurate, complete and up-to-date and/or provide additional
documents or data upon request of the Administrator in accordance
with the clause 4.1.;
the Customer created multiple Accounts in violation of the clause
5.23;
the Customer’s Account is Dormant Account;
Actions of the Customer can harm reputation of the Administrator or
might cause losses or other negative consequences to the
Administrator.
If the Account holds a balance at the time of its suspension, the Customer
shall withdraw the funds within a reasonable period of time deducting the
applicable fees.
The Administrator shall notify the Customer via email address indicated by
the Customer in the System of the Suspension of Account unless notifying the
Customer would be unlawful or the Administrator is at risk of a security
threat.
The Administrator shall lift the Suspension of Account as soon as
practicable after the reasons for such suspension have ceased to exist.
Suspension of Account or termination of the Terms and Conditions does not
exempt the Customer from the execution of all responsibilities to the
Administrator which have arisen till the suspension.
Administrator shall not be liable to the Customer for Suspension of Account.
The Administrator shall reserve the right to keep and use the transaction
data or other information related to such suspended Accounts.
Term and Termination
Indefinite Term. These Terms and Conditions is concluded for an indefinite
term and shall be in effect until terminated in accordance with the
provisions stated below.
The Customer is entitled to terminate relations, including concluded
agreements with the Administrator by deleting the Account at his discretion
at any time if the Customer does not have any unfulfilled obligations to the
Administrator. The Account can be deleted in the relevant section of the
Customer’s virtual profile.
After the Customer initiates deletion of the Account, the execution of the
Transactions with the use of the Account shall be impossible. Any monetary
obligations of the Parties created prior to the date of deletion of the
Account shall retain until they are fully executed.
Administrator may unilaterally terminate these Terms and Conditions, sending
the written notification to the Customer no later than two months in
advance.
The Administrator shall have the right to terminate these Terms and
Conditions and delete the Account without prior notification in the
following events:
In case the Customer objects to the amendments of the Terms and
Conditions by the Customer the Terms and Conditions shall be
terminated on the date the amendments enter into force;
At the expiry of the period for three years from the date of the
Suspension of Account.
In case any funds remain on the Account of the Customer with whom the Terms
and Conditions are terminated, the Customer shall withdraw the remaining
funds within a reasonable period of time deducting the applicable fees by
indicating the payment details to the Administrator.
Should the Account be terminated (deleted), the account and transactional
information that meet data retention standards will be securely stored for 5
years in accordance with the requirements of the law.
Unclaimed Funds
Any unclaimed funds will be held by the Administrator for a period of 3
years from the date of the Suspension of Account and\or termination of the
Account, at the expiry of which time, the Customer will be deemed to have
waived any claim in respect of such funds. The Customer hereby agree that
upon expiry of such period, the Administrator will be relieved of any
further obligation to pay those unclaimed funds to the Customer.
Amendments
The Administrator may unilaterally amend these Terms and Conditions by
publishing the updated text on the Website.
The Administrator shall notify the Customer on the upcoming amendments to
these Terms and Conditions by posting an informational message inside the
Client's Account no later than 2 (two) months before such amendments come
into force. The Customer shall either accept or reject the amendments before
the date of their proposed date of entry into force. The Customer shall
notify the Administrator on objection to the amendments via contacting the
Customer Support. In case the Customer objects to the amendements, the Terms
and Conditions shall be terminated on the date the amendments enter into
force.
The amendments come in force since the amended version of the Terms and
Conditions is published on the Website or on the date the corresponding
amended version enters into force if it is directly stated on the Website.
The use of the Services by the Customer shall be considered as the
unconditional acceptance of the updated Terms and Conditions.
Any appendixes to the Terms and Conditions shall constitute the integral
part of these Terms and Conditions.
Without limitations to the provisions stated in the present Section 13, the
period stated in the clause 14.2. does not cover the notification timeframe
to any amendments of the Fees applicable to the Services provided by the
Company. The Fees changes may be applied immediately and without prior
notice.
Force Majeure
The Parties shall not be responsible for any delays in the performance or
non-performance of the obligations, any expenses, including losses, and
costs related to complaints by any third parties that may result from any
due to any acts of God, acts of civil or military authorities, civil
disturbances, strikes or other labour disputes, fires, transportation
contingencies, interruptions in telecommunications, utility, Internet
services or network Provider services, acts or omissions of a third party,
infiltration or disruption of the services by a third party by any means,
including without limitation, DDoS attacks, software viruses, Trojan horses,
worms, time bombs or any other software program or technology designed to
disrupt or delay the Services (each a “Force Majeure Event”). The Party
experiencing the impact of any Force Majeure Event shall notify the other
Party within 10 days after the commencement of such Force Majeure Event.
The provisions of clause 16.1. shall not limit or terminate the Customer’s
obligations pertaining to making the returning Payments, as well as payment
of any fines, penalties, fees, Commissions, returning any goods, or (not)
performing any works or services after the Force Majeure is over.
Miscellaneous
These Terms and Conditions and the relations between the Administrator and
the Customer arising from them are governed by the laws of Canada.
All the disputes between the Parties arising from these Terms and Conditions
shall be settled through negotiations. The basis for negotiations shall be
either Party’s submitting a written complaint to the other Party. All
Complaints and claims shall be reviewed within thirty days of their receipt.
In case a dispute cannot be resolved by negotiations within the specified
period of time, either Party may apply to a court. The courts of Canada
shall have the jurisdiction to settle any dispute arising out of or in
connection with these Terms and Conditions.
The choice of law and jurisdiction in the clause 16.3. does not affect the
mandatory rights of the Customer under the laws of the country of his
residence.
A Customer shall not transfer any rights or obligations under these Terms
and Conditions to any third party without the prior written consent given by
the Administrator.
If any provision of these Terms and Conditions is held to be invalid or
unenforceable, such provision shall be struck out and the remaining
provisions shall be enforced.
These Terms and Conditions enter info force since the Applicant clicks the
“Register” button during the Registration process.
The Customer acknowledges and confirms that all the provisions of the Terms
and Conditions are clear, and that the Customer agrees with the Internal
Policies available on the Website, accepts them unconditionally and shall
comply with its provisions and requirements.
Apply to partnership. Our target is long time relationship
