Terms and Conditions


This agreement governs the use of our website and any application software for any platform (iOS, Blackberry, Android, etc.) that you may download from us in connection with the remittance services we provide to customers (collectively, the “Web Services”). In order to access and use the Web Services, you agree to accept the terms of use (“Agreement”) between you (“you” or “your”), as user, and International Remittance (Canada) Ltd. (“us”, “our”, or “we”), which form a legal agreement between you and us only.

We reserve the right to change this Agreement at any time without any notice to you. It is your responsibility to check this Agreement periodically for changes. Your continued use of the Web Services following the posting of changes will mean that you accept and agree to the changes. As long as you comply with this Agreement, we grant you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Web Services.

Please read this Agreement carefully before accepting. By clicking “I Accept”, you are agreeing to the terms of this Agreement. If you do not accept the Agreement, do not use the Web Services.

ELIGIBILITY

  • General. By using the Web Services, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions set forth herein.

  • Age. You must be 18 years of age or older, or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age, to use the Web Services.

  • Location. The Web Services are administered in Canada and are intended for Canadian users; any use outside of Canada is at your own risk and you are responsible for compliance with any local laws applicable to your use of the Web Services. We reserve the right to limit the provision of any feature, product, or service to any person or geographic area.

YOUR USE OF THE WEB SERVICES

  • Right to Use. We hereby grant you a right to use the Web Services as expressly provided herein. Only you may access your Account (defined below) via the Web Services for your own lawful purposes. The components of the Web Services are licensed as a single unit, and you may not separate or virtualize the components or install them on devices that are not owned by you. You agree that your right to use the Web Services is neither contingent on the delivery of any future functionality or features, nor dependent on any oral or written public or private comments made by us regarding future functionality or features.

  • Account Creation. In order to open an account (“Account”) to utilize the Web Services, you must complete the registration process by providing us with current, complete and accurate information about yourself. You agree to provide true and accurate information as required in the registration form about yourself and to promptly update the data whenever necessary to keep it true and accurate. If you provide information that is not true or accurate, we have the right to suspend or terminate your Account and/or disallow you from using the Web Services.

  • Responsibility for your Account. You are solely responsible for any and all activities that occur under your Account. You must maintain the confidentiality of any private authentication credentials associated with your use of the Web Services (including username and password). You agree to notify us immediately in writing of any unauthorized use of your Account or password, or any other breach of security. You may be held liable for losses incurred by us or any other user of the Web Services due to someone else using your username, password, or Account as a result of your failing to keep your Account information secure and confidential. You may not use anyone else’s username, password, or Account at any time without that person’s express permission.

  • Updates. We reserve the right to make Updates, as hereinafter defined, to the Web Services from time to time. “Updates” shall include: functional and/or feature modifications or improvements made by us to the Web Services to keep the current version(s) competitive with related technology, including bug fixes, error corrections, work-arounds, and minor performance enhancements.

  • Operations. Any or all of the Web Services may be inaccessible or inoperable at any time for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic Updates, maintenance procedures or repairs which may be undertaken from time to time; or (iii) causes beyond the control of us or which are not reasonably foreseeable by us, including, without limitation, interruption or failure of telecommunication or digital transmission links, including delays or failures due to your Internet service provider, hostile network attacks, network congestion or other failures.

REGULATORY COMPLIANCE AND REMITTANCE PROCEDURES

  • Anti-Money Laundering. We conduct business in conformity with high ethical standards. We fully adhere to all laws and regulations pertaining to money service businesses. We have put in place the procedures and the means to detect and address money laundering and terrorism financing. Where applicable, we will exercise reasonable steps to determine the true identity of all customers and beneficial owners of transactions. When we become aware of facts which may lead to a reasonable presumption that funds held are from criminal or other money laundering activities, or that transactions entered into are themselves criminal in purpose, appropriate measures, consistent with the law, shall be taken, including, for example, denial of service to the customer, or severing relations with the customer, and when appropriate, filing of a suspicious activity report with the Financial Transactions and Reports Analysis Centre of Canada and other relevant law enforcement entities. We will avoid providing support or assistance to customers seeking to deceive law enforcement agencies through the provision of false, altered, incomplete or missing information. We will cooperate fully with law enforcement authorities and regulatory agencies to the fullest extent that we can do so under all applicable laws and regulations.

  • Verification. If you use our Web Services and use certain of our services, the law requires that we verify some of your information. You authorize us to make any inquiries we consider necessary to validate your identity, either directly or through third parties, including checking commercial databases or credit reports. We may rely on a credit reporting agency in order to ascertain your identity in accordance with our legal obligations. We may also require you to provide certain documentation from reliable third party sources to ascertain your identity and to upload the documentation for our review. We reserve the right to access various government and private databases to verify your information. We reserve the right to close, suspend, or limit access to your Account in the event we are unable to obtain or verify this information.

  • Payment Method. The payment method available to complete transactions can be found at the ‘SEND MONEY’ page of the Website.

  • Applicable Fees. There are corresponding fees that you have to pay for the remittance services being provided to you via the Web Services. These fees will be indicated prior to your authorization to continue with a transaction. The fees may include the charges made by the payment processor and will be charged to you regardless of the payment mode. All fees will be assessed in Canadian Dollars.

  • Exchange Rate. The exchange rate posted on the Web Services may fluctuate until such time that you finalize the transaction and authorize payment. The rate and local currency equivalent that will be received by the beneficiary are reflected on the Web Services prior to authorization of payment. The exchange rate offered during the time of transaction may not be equivalent or as competitive as the exchange rate in the foreign exchange market in the Philippines, or the exchange rate quoted by other funds processing and funds transfer agencies and money remittance companies. We or our affiliates may generate income when the remittance amount is converted to the local currency of the recipient.

  • Delivery Schedule. 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 validating your transaction instructions, to validating your payment, or to contacting or attempting to contact you; to variations in business hours and currency availability; to force majeure events, such as severe weather conditions; to fortuitous events and other unforeseen circumstances, such as vehicle breakdown and accidents; or otherwise to comply with applicable law. For transactions with no payment within 3 days (24 hours for INTERAC e-Transfer transactions) from the time it is encoded or instructed by you, we shall not be obligated to proceed with the transaction nor be liable for the cancellation of the same. At our option, we may change our cut-off and processing times for transactions, amendments, cancellations, and refunds. Any transaction received after the applicable cut-off time on a business day will be treated as having been received on the next business day and will be processed accordingly.

  • Cancellations and Amendments. Any cancellation or amendment in connection with your transaction may be requested provided the funds involving your transaction have not yet been Dispatched to your beneficiary at the time we receive your request. “Dispatched” in this context refers to the time at which the transaction instruction is sent by us to the paying institution or intermediary bank (bank, pay-out centre, or door-to-door courier). The status of a transaction can be reviewed via your online transaction tracking accessible through your Account, as confirmed/verified by us.

  • Cancellation and Refund Request. A cancellation and refund request in connection with your transaction shall require written notice to us using your email address registered with us or sent by facsimilie transmission at the contact details provided at our website or by submitting a cancellation form available at our offices, along with the details of the transaction that are required for cancellation which shall include, among others, the remitter and beneficiary’s name along with their contact details, Document or RAF No., service mode, and reason for such cancellation and/or refund. Only the principal amount, which excludes the service fee, may be refunded unless we determine otherwise, subject to applicable law. Once the cancellation procedure has been duly complied with and we have determined the request to be valid, a refund shall be issued within 30 days from receipt of a valid request.

  • Amendment Request. An amendment request in connection with your transaction shall require written notice to us using your email address registered with us or sent by facsimilie transmission at the contact details provided at our website or by submitting an amendment form available at our offices, along with the specific details of the transaction that are required for amendment which shall include, among others, the remitter and beneficiary’s name along with their contact details, Document or RAF No., service mode, and reason for such amendment. Once the amendment procedure has been duly complied with and we have determined the request to be valid, an amendment shall be made to your transaction within 3 days from receipt of a valid request.

  • Limitation of Service. The maximum remittance amount allowed per transaction is CAD$9,900 provided that you have not made any other remittance transactions within a 30 day rolling period.

  • Payment Terms for SSS, Pag-IBIG and PhilHealth. We shall process payments for SSS, Pag-IBIG and Philhealth within 2 banking days upon receipt of the payment. Payments made after our cut-off time shall be considered as payments made the following day. If paying utilizing the bill payments method, transactions shall have confirmed payments on the same day the transaction was encoded. Otherwise, any unpaid transaction will be cancelled.

RESTRICTIONS

  • Intellectual Property. Except as expressly granted by this Agreement, you acquire no Intellectual Property right, as defined below, or other proprietary rights under this Agreement in the Web Services or any other data, content, or materials accessed from or incorporated in the Web Services. “I-Remit” and related logos, products and services posted in this Web Services are proprietary to I-Remit Incorporated or International Remittance (Canada) Ltd. We or our technology provider or third party service providers, as applicable, reserve all rights, title and interest in and to the Web Services, including all related Intellectual Property rights. Any rights not expressly granted under this Agreement are reserved by us or our technology provider or third party service providers, as applicable. “Intellectual Property” means rights existing from time to time in any applicable jurisdiction under patent law, copyright law, moral rights law, privacy law, publicity law, trade secrecy law, trademark law, unfair competition law or unfair trade practices law, or other similar law.

  • Unauthorized Access. You may not attempt to gain unauthorized access to any portion or feature of the Web Services by hacking, password mining, or any other illegitimate means. You may not probe, scan, or test the vulnerability of the Web Services or any network connected to the Web Services, nor breach the security or authentication measures on the Web Services or any network connected to the Web Services. You may not reverse look-up, trace, or seek to trace any information on any other user of or visitor to the Web Services, or any other of our customers, including any Account not owned by you, to its source, or exploit the Web Services or any service or information made available or offered by or through the Web Services, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Web Services. You shall not attempt to circumvent, decrypt or bypass any technology that is used to protect the Personal Information contained in the Web Services.

  • No Modification. You shall not: reverse engineer, disassemble, de-compile, modify, alter, revise, translate, use for competitive analysis, create or derive works from, or work around technical limitations in, or attempt to derive the source code of, any feature of the Web Services; disable, tamper with or otherwise attempt to circumvent any mechanism that limits use of the Web Services; export the Web Services, or any technical information relating to the Web Services; otherwise use the Web Services to develop any other computer program; or, otherwise use the Web Services except as expressly allowed under this Agreement.

  • No Violation of Law. You shall not use or permit anyone else to use the Web Services to perform any activity that violates any applicable laws or for any fraudulent or illegal activity or to solicit the performance of any illegal activity or other activity which infringes our rights or the rights of others.

  • Immediate Termination. If you use, or attempt to use the Web Services for purposes other than sending and receiving payments and managing your Account, including but not limited to tampering, hacking, modifying or otherwise corrupting the security or functionality of the Web Services, your Account will be terminated and you will be subject to damages and other penalties, including criminal prosecution, where available.

SECURITY, PRIVACY, AND CLIENT DATA

  • Personal Information. We will safeguard information in accordance with established industry security standards and requirements under The Personal Information Protection and Electronic Documents Act ("PIPEDA"). The information you share via the Web Services, including your personal information, as defined in PIPEDA, (“Personal Information”) will be protected in accordance with our Privacy Policy, which can be found here. Your Personal Information will not be used or disclosed for purposes other than those for which it has been collected, except with your express consent, or unless we are required by law to do so. FINTRAC requires that we retain your information for a period of 5 years from the date of your last remittance.

  • Security. We are committed to protecting the security of your Personal Information. We apply industry standard safeguards to protect the confidentiality of your Personal Information, including maintaining technical and organizational measures intended to protect Personal Information against accidental loss or change, unauthorized disclosure or access, or unlawful destruction.

  • Modifications. We reserve the right to modify our privacy and security policies in our reasonable discretion from time to time.

  • Notification. . You agree to promptly notify us by telephone, email, or in person if you observe or learn of a privacy/security breach related to the Web Services. You may contact us here.

TERM, TERMINATION, AND SUSPENSION

  • Termination. We may, in our sole discretion, terminate this Agreement at any time for failure to comply with the terms of this Agreement, or other policies and terms associated with the Web Services by you or by someone using your credentials. We may also cancel or suspend your registration for any other reason, including inactivity for an extended period, but will attempt to notify you in advance of such cancellation or suspension. We shall not be liable to you or any third party for any termination of your access to the Web Services. You agree that any violation by you of this Agreement will constitute an unlawful and unfair business practice, and will cause irreparable harm to us, for which monetary damages would be inadequate, and you consent to us obtaining any injunctive or equitable relief that we deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies we may have at law or in equity. You may terminate this Agreement by sending written notification to: iask@iremit-inc.com . When this Agreement is terminated, your Account will be deactivated.

  • Suspension. We may suspend or limit your use of the Web Services if: (1) it is reasonably needed to prevent unauthorized access to Personal Information; (2) you fail to respond to a claim of alleged infringement within a reasonable time; or (3) you violate this Agreement.

  • Investigation. We reserve the right to investigate suspected violations of this Agreement. You authorize us to cooperate with (1) law enforcement authorities in the investigation of suspected criminal violations; and (2) system administrators at Internet service providers, networks or computing facilities; and (3) other content providers in order to enforce the terms and conditions of this Agreement.

  • Other remedies. The above-described actions as set forth in this section are not our exclusive remedies and we may take any other legal, equitable or technical action we deem appropriate in the circumstances. We will not have any liability to you or anyone else in relation to the termination of this Agreement for any reason whatsoever. If we do take any legal action against you as a result of your violation of this Agreement, we will be entitled to recover from you, and you agree to pay, all reasonable legal fees and costs of such action, in addition to any other relief granted to us. You agree that we will not be liable to you or to any third party for termination of your access to the Web Services for any reason.

LEGAL

  • Warranties. WE DO NOT PROMISE THAT THE WEB SERVICES OR ANY CONTENT, SERVICE, OR FEATURE OF THE WEB SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE WEB SERVICES WILL PROVIDE SPECIFIC RESULTS. THE WEB SERVICES, SERVICES, AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE WEB SERVICES IS SUBJECT TO CHANGE WITHOUT NOTICE. WE CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE WEB SERVICES WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. WE DISCLAIM ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS, AND CONDUCT OF PROVIDERS AND ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE WEB SERVICES AND/OR ANY SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEB SERVICES AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST US FOR DISSATISFACTION WITH THE WEB SERVICES, SERVICES, OR ANY CONTENT IS TO STOP USING THE WEB SERVICES, SERVICES, OR CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES. The above disclaimer applies to any damages, liability, or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence, or any other cause of action.

  • Limitation of Liability. To the maximum extent permitted by applicable law, neither we, nor any other I-Remit Party (as defined below), will be liable for any damages including (but not limited to) any indirect, incidental, consequential, special, exemplary or punitive damages, loss of wages, salaries, income, revenue or business because of your use of the Web Services. In no event shall we, our parent company, our officers, directors, shareholders, predecessors, successors in interest, employees, agents, legal and professional advisors, subsidiaries, and affiliates, (collectively, “I-Remit Parties”), be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with the Web Services, our services, or this Agreement (however arising, including negligence). If, notwithstanding the other provisions of this Agreement, we are found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Web Services, our liability shall in no event exceed CAD$250. Our liability, and the liability of our parent, subsidiaries, employees and suppliers, to you or any third parties in any circumstance is limited to the actual amount of direct damages. Your sole and exclusive remedy for dissatisfaction with the Web Services will be to stop using the Web Services.

  • Indemnity. You agree to indemnify and hold us and I-Remit Parties harmless from any demands, loss, liability, claims, or expenses (including legal fees), made against us or I-Remit Parties by any third party due to or arising out of or in connection with your use of the Web Services.

MISCELLANEOUS

  • Entire Agreement. This Agreement constitute the entire agreement between you and us with regard to your use of the Web Services, and any and all other written or oral agreements or understandings previously existing between you and us with respect to such use are hereby superseded and cancelled.

  • Waiver. Our failure to insist on or enforce strict performance of this Agreement shall not be construed as a waiver by us of any provision or any right we have to enforce this Agreement, nor shall any course of conduct between us and you or any other party be deemed to modify any provision of this Agreement.

  • Severability. If any provisions of this Agreement are determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability attaches only to such provision and everything else in this Agreement continues in full force and effect.

  • Electronic Communication. You agree that we may provide you with all notices and communications solely in electronic form. If you do not want to receive communication in an electronic form, you may not use the Web Services.

  • Headings. The headings of sections of this Agreement are for convenience of reference only and shall not affect the meaning or interpretation of this Agreement in any way.

  • Links to Other Sites. This Web Services may contain links to other independent third-party websites (“Linked Sites”). Linked Sites are provided solely as a convenience to our visitors. Linked Sites are not under our control, and we are not responsible for and do not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

  • Governing Law; Dispute Resolution You agree that all matters relating to your access to or use of the Web Services, including all disputes, will be governed by the laws of the Province of Ontario, Canada. Any dispute arising from this Agreement or the Web Services shall be determined by and the parties attorn to the Court of competent jurisdiction in the Province of Ontario, Canada.

FEEDBACK AND INFORMATION

If you have a question or complaint regarding the Web Services or need to contact us to cancel or amend your transaction, please send an e-mail to iask@iremit-inc.com. Please note that e-mail communications will not necessarily be secure; accordingly you should not include credit card information or other sensitive information in your e-mail correspondence with us. [NTD: Include fax and address information if these are options for sending notice]

Copyright © 2018 International Remittance Canada Ltd. All rights reserved.