This User Agreement is effective as of 2016-01-01 and governs the terms under which you may access and use Soksipay websites (for purposes of this User Agreement, "websites" includes www.soksipay.com, our mobile websites, and our mobile applications) and the services associated with it (the "Service"). Do not access or use the Service if you do not agree to be bound by the User Agreement. By accessing and using the Service, you are agreeing to the User Agreement. As used throughout this User Agreement, the terms "Soksipay", "we", "us", and "our" refer to Soksipay Inc., a Montreal corporation, together with its employees, consultants, directors, successors, subsidiaries, affiliates, and assignees. The terms "you" and "your" refer to users of the Service, whether in their capacity as Senders, Recipients, Beneficiaries, or visitors to our websites.
1. Overview of the service
The Service is intended for our customers to send money transfers for family and friends. We recommend that you use the Service only to send money to people you know personally. You should never use the Service to send money for strangers. CONSUMER FRAUD ALERT: PROTECT YOURSELF FROM SCAMS AND FRAUD. Only send money to people you know, safeguard your password, send for yourself and not on behalf of others, and use Soksipay for legal purposes only. Click here to learn more about sending money safely with Soksipay. Please let us know immediately if you believe someone is trying to scam or defraud you or if your Soksipay username or password have been lost or stolen by telephone at 1-514-360-9910 or email at email@example.com. The Service allows people to send and receive money around the world. A "Sender" is someone who uses the Service to send money. A "Recipient" is an individual who receives money from a Sender through the Service. The "Recipient Country" is the country in which the Recipient or Service Company receives money through the Service. A "Transaction" is a specific instruction to send money through the Service. The "Transaction Amount" is the amount that the Sender provides to Soksipay to send the Transaction, excluding the Transaction Fee. The "Payout Amount" is the amount paid out to the Recipient or Service Company, excluding any taxes or charges that may be levied under the laws of the Recipient Country (the "Local Taxes").
2. Accessing the service
a. Eligible Users. You must be at least eighteen (18) years old to access or use the Service as a Sender. You must be able to form legally binding contracts under applicable law. Other restrictions may apply. b. Mobile Services. The Service is also accessible via a mobile device. To the extent you access the Service through a mobile device, your wireless service carrier's standard charges, data rates and other fees may apply. c. Not Available to Certain Users. The Service may not be available in whole or in part in different countries and jurisdictions as determined by local laws and regulations.
3. Offer and acceptance
If you submit a Transaction, you are requesting that we process your Transaction, an offer which we may accept or reject at our sole discretion from our place of business in Montreal, Canada.
a. Charges. For each Transaction that you submit, you agree to pay us a transaction fee (the "Transaction Fee") plus the Transaction Amount. Additional charges may apply. Payment is due at the time your Transaction is submitted for processing. Soksipay only accepts payment in Canadian Dollars. If you submit a Transaction that results in Soksipay's being charged non-sufficient fund fees, chargeback fees, or other similar fees, you agree to reimburse us for all such fees. For Transactions funded from the Sender's bank account, you agree that Soksipay may from time to time debit your bank account for the amount of the transfer. b. Payment. In order for us to collect payment from you, you authorize us to access, charge, or debit funds from any of the payment instruments you provide us in connection with your use of the Service (each, a "Payment Instrument") including, for example, your credit card, debit card or bank account. We accept prepaid payment cards as a Payment Instrument. If your payment fails or is insufficient, we may re-try debiting your Payment Instrument one or more times or you may authorize us to try debiting a different Payment Instrument. For example, if there are insufficient funds in your bank account at the time you submit your Transaction, we may try to debit your bank account or charge your credit card at a later time. You represent and warrant that you are the lawful owner of your Payment Instrument(s). c. Other Charges. Soksipay is not responsible for any fees or charges that may be imposed by the financial institutions associated with your Payment Instruments. For example (without limitation), your credit card issuer may charge you a cash advance fee and interest if you use a credit card as a Payment Instrument. Soksipay is not responsible for any such fees, nor are we responsible for non-sufficient funds charges, chargeback fees, or other similar charges that might be imposed on you by your bank, credit card issuer, or other provider in connection with your use of the Service. d. Foreign Currencies. Soksipay and its Service Providers (defined below) usually make money when you pay for a Transaction in one currency and the Transaction is paid out in another currency, which is based on the difference between the exchange rate at which we buy foreign currency and the exchange rate provided to you. You agree, when you send a Transaction to a Recipient's bank account, that the bank account is denominated in the same currency as the Transaction (e.g., if your Transaction calls for Soksipay to deposit francs CFA into the Recipient's bank account, then you confirm that the Recipient's bank account is denominated in francs CFA). e. Scheduled Money Transfers. By utilizing Soksipay's scheduled money transfers product, you authorize us to submit Transactions on your behalf, in accordance with your instructions. You understand that Soksipay will continue to process recurring money transfer Transactions until you instruct us to stop. You further understand that you must schedule money transfers at least five (5) business days before the transfer date. If you cancel a recurring money transfer Transaction prior to 12:00 PM (Easter Time) on the day before the Transaction is scheduled for processing, we will cancel the Transaction, and your funding source will not be debited. For money transfer Transactions that involve exchanges of foreign currency, you understand that Soksipay may be unable to predict the foreign exchange rate on the Transaction date, and you agree that we may apply whatever rate is in effect on the Transaction date.
5. Transaction pay outs
a. Service Providers. We work with local banks, money exchange houses, and other third party service providers (each, a "Service Provider") to apply pay funds out to Recipients and Service Companies. You, in your capacity as a Sender, hereby appoint your Recipient as your agent for the purpose of receiving funds in connection with the Service. We attempt to provide up-to-date information on our websites regarding the location, availability, and hours of our Service Providers. However, you agree that Soksipay is not responsible for any inaccurate or incomplete information that may be posted on its websites. b. Verification. Recipients may be required to prove their identity before receiving funds by presenting valid, unexpired identification document(s) from a list of acceptable forms of identification. In addition, Recipients may be required to provide a Transaction number and/or another, similar identifier associated with their Transaction. You give Soksipay permission to contact your Recipient or the Service Company and store all such data, as necessary to provide the Service. Please verify account information and bank details are correct prior to submitting your Transaction because Soksipay is not responsible for detecting inaccuracies. If account information and bank details are incorrect, money may be sent to the wrong bank account and may not be recovered.
a. General. We may, at any time and in our sole discretion, refuse any Transaction or limit the amount to be transferred, either on a per Transaction basis or on an aggregated basis without prior notice. Any such limits may be imposed on individual accounts or on related accounts or households, in Soksipay's sole discretion. We reserve the right at any time, and from time to time, to modify or discontinue the Service (or any part thereof) with or without notice. b. Delays. Your Transaction may be delayed or cancelled at any time prior to your Recipient's or the Service Company's receipt of the mobile reload or Payout Amount without prior notice. We may delay or cancel your Transaction for reasons that include, but are not limited to: identity verification; validation of your Transaction instructions and Payment Instruments; fraud and anti-money laundering compliance review; contacting and locating you, your Beneficiary, the Service Company, or your Recipient; qualification or disqualification for POWR (as defined below); and to comply with applicable law. Business hours, systems availability and currency availability of our Service Providers may also cause delays. Nevertheless, you may be entitled to a refund in certain circumstances, as described below in Section 9. c. Commercial Transactions.You agree that you will only use the Service to send money to people or for Beneficiaries that you know personally and for personal reasons. If Soksipay discovers you are using the Service for commercial purposes, including (without limitation) to purchase goods or pay for services other than payments made to Service Companies specifically provided for by the Service, we may, in our sole discretion, cancel your Transaction(s) and close your account. d. Unauthorized Transactions. You may not use the Service in violation of this User Agreement or applicable laws, rules or regulations. It is a violation of this User Agreement to use the Service for any of the following activities (without limitation): sexually-oriented materials or services; gambling activities; fraud; money-laundering; funding terrorist organizations; purchase or sale of tobacco, firearms, prescription drugs, or other controlled substances; or sending money to a Recipient or for a Beneficiary that has violated the User Agreement. If you use the Service in connection with illegal conduct, Soksipay reserves the right to report you to the appropriate law enforcement agency or agencies. The Service is intended for our customers to send money transfers to family and friends. We may, in our sole discretion, cancel any Transaction and close any account that we suspect is being utilized for any purpose prohibited by this User Agreement including for commercial purposes, including (without limitation) for purchases of goods or payments for services of any kind. You acknowledge that Soksipay is not liable for your use of the Service in violation of this User Agreement, including all risks associated with the purchase of goods or payment for services of any kind, such as (but not limited to) losses you suffer for undelivered or defective goods and services you pay for using the Service. e. Ineligibility. Not all Payment Instruments are available to all customers at all times. We may, in our sole discretion, refuse Transactions funded from certain Payment Instruments. We may, in our sole discretion, refuse Transactions from certain Senders, for certain Beneficiaries or to certain Recipients or Service Companies, including without limitation, entities and individuals that are included on the Specially Designated Nationals list, Non-cooperative Countries and Territories list, and such other lists as may be issued from time to time by the CANADIAN Department of Treasury and other government agencies. f. Others. You may not submit or receive a Transaction (i) on behalf of any other person, (ii) on behalf of a business or other non-human entity or (iii) on behalf of a charitable organization without Soksipay's express consent. You may send Transactions to Service Companies for Beneficiaries whom you know personally. We may, at any time and in our sole discretion, (A) refuse any Transaction, or (B) close multiple accounts held by an individual, persons related to the individual or persons living in the same household as the individual. g. No Changes. We generally do not let you change the details of your Transaction once it has been submitted to us for processing. We rely on the information you provide and it is your responsibility to make sure your Transaction details are accurate before you submit your Transaction for processing. h. Restricted Activities. As a user of our websites or Service or in the course of your interactions with Soksipay, you will not: i. Breach this User Agreement, or any other agreement between you and Soksipay; ii. Open more than one account; iii. Provide false, inaccurate, or misleading information; iv. Refuse to cooperate in an investigation or provide confirmation of your identity or any information you provide to us; v. Use an anonymizing proxy; vi. Provide yourself a cash advance from your credit card (or help others to do so); vii. Share Transaction numbers or information with anyone except the Service Company, your Recipient, or Beneficiary, and you will advise your Recipient or Beneficiary not to share Transaction numbers or information; or viii. Violate any other restrictions in this User Agreement.
7. Collection of information
8. Errors and Problems
a. Errors. You have a right to dispute errors in your Transaction. If you think there is an error, contact us within 180 days of the Transaction at 1-514-360-9910 or online. You can also contact us for a written explanation of your rights. i. You can cancel for a full refund within 30 minutes of authorizing your Transaction, unless the funds have already been picked up, deposited, delivered, or paid to the Recipient or Service Company. ii. For questions or complaints about Soksipay, contact us online; by telephone at 1-514-360-9910 or by mail at Soksipay Inc., 8255 Mountain sights Ave., #100 , Montreal, QC, H4P 2B5 , Canada. b. General. Please let us know if you have any problems with the Service. You can contact us using the contact information at the bottom of this User Agreement. i. You may contact us by email at firstname.lastname@example.org to voluntarily disqualify yourself from sending or receiving Transactions with Soksipay ("Disqualified Soksipay User"). All requests will expire one year from the date of request, unless requested for longer, or until you terminate the request in writing at email@example.com. c. For a full refund within 30 minutes of authorizing your Transaction, unless the funds or mobile reload have already been paid out to the Recipient or Service Company. After 30 minutes, we generally do not provide refunds unless we did not process your Transaction according to your instructions or we are unable to pay out the Transaction. To request a refund, please contact Customer Service Soksipay will make every effort not to debit your Payment Instrument after it has received your request for cancellation. However, in some cases, Soksipay may have initiated an irreversible request for funds from your financial institution prior to receiving your request for cancellation. In such cases, your Payment Instrument may be debited even if you have cancelled your Transaction but Soksipay will refund your money usually within four (4) business days after Soksipay has received the funds from your financial institution. Refunds will be credited to the same Payment Instrument used to pay for the Transaction. Refunds are only made in Canadian Dollars. Refund amounts will not be adjusted to account for changes in the value of the Canadian Dollar or foreign currency from the time your Transaction was submitted.
9. Soksipay's intellectual property
You acknowledge that the Service, including but not limited to the content of our websites, text, graphics, links, buttons, logos, and images, as well as all other Soksipay patents, copyrights, trademarks, trade secrets, service marks, logos, and product and service names are owned exclusively by Soksipay (the "Soksipay Intellectual Property"). You agree not to display, use, copy, or modify the Soksipay 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 Soksipay's or any third party's copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy. The technology and software underlying the Service or distributed in connection therewith are the property of Soksipay, its affiliates and Service Providers (the "Software"). Subject to the terms and conditions of this User Agreement, Soksipay hereby grants you a non-transferable, non-sublicensable, and 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 not expressly granted herein are reserved by Soksipay.
10. Disclaimer of warranties
THE SERVICE AND SOFTWARE, IF APPLICABLE, IS PROVIDED "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES, EMPLOYEES, SUPPLIERS, VENDORS, AND SERVICE PROVIDERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. We make reasonable efforts to ensure that Transactions are processed in a timely manner, but we make no representations or warranties regarding the time needed to complete processing because the Service is largely dependent on many factors outside our control. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary state to state. Notwithstanding the foregoing, you may have a right to a refund as expressly described herein.
You agree to indemnify and hold Soksipay, its suppliers, vendors, Service Providers, Service Companies and their respective subsidiaries, officers, agents, partners, employees, and consultants harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Service, your connection to the Service, your violation of the User Agreement, or your violation of any rights of a third party.
12. Limitation of liability
SOKSIPAY, ITS SUPPLIERS, VENDORS, SERVICE PROVIDERS, SERVICE COMPANIES, OR THEIR RESPECTIVE SUBSIDIARIES, OFFICERS, AGENTS, PARTNERS, EMPLOYEES OR CONSULTANTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES BEYOND THE SUM OF $500.00 (IN ADDITION TO REFUNDING THE TRANSACTION AMOUNT AND TRANSACTION FEES), INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Soksipay HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM NEGLIGENCE ON THE PART OF SOKSIPAY, ITS SUPPLIERS, VENDORS, SERVICE PROVIDERS, SERVICE COMPANIES, OR THEIR RESPECTIVE SUBSIDIARIES, OFFICERS, AGENTS, PARTNERS, EMPLOYEES OR CONSULTANTS.
13. Dispute resolution and governing law
a. Governing Law. This User Agreement shall be governed according to the laws of the Quebec province, and all activities performed in connection with the Service shall be deemed to have been performed in Quebec. Any controversy, dispute, or claim arising out of or relating to the Service or User Agreement (a "Claim") shall be governed by and construed in accordance with the laws of Quebec, except that body of law governing conflicts of law. b. Disputes with Soksipay. If a dispute arises between you and Soksipay, our goal is to learn about and address your concerns. If we are unable to address your concerns to your satisfaction, we will seek to provide you with a neutral and cost-effective means of resolving the dispute quickly. Disputes between you and Soksipay regarding the Service may be reported to Customer Service. c. Arbitration. For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000.00 CAD, the party requesting relief may elect to resolve the dispute in a cost-effective manner through binding non-appearance-based arbitration. If a party elects arbitration, that party will initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (i) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, with the specific manner to be chosen by the party initiating the arbitration; (ii) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (iii) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. d. Forum for Disputes. Except as otherwise agreed by the parties or as described in Section 13(c) above, you agree that any claim or dispute you may have against Soksipay must be resolved by a court located in Montreal, Quebec. You agree to submit to the personal jurisdiction of the courts located in Montreal, Quebec for the purpose of litigating all such claims or disputes. e. Improperly Filed Litigation. All claims you bring against Soksipay must be resolved in accordance with Section 13 of this Agreement. All claims filed or brought contrary to Section 13 shall be considered improperly filed, and a breach of this Agreement. Should you file a claim contrary to Section 13, Soksipay may recover attorneys' fees and costs (including in-house attorneys and paralegals) up to $1,000.00 CAD from you, provided that Soksipay has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
14. Electronic communications
a. Customer Updates. You must promptly update us with any change in your e-mail address and telephone number by updating your profile on our websites. If Soksipay does not have correct contact information, Soksipay may not be able to notify you of important information or changes in your Transaction status. b. Entire Agreement. The User Agreement constitutes the entire agreement between you and Soksipay and governs your use of the Service, superseding any prior agreements between you and Soksipay. c. No Waiver. The failure of Soksipay to exercise or enforce any right or provision of the User Agreement shall not constitute a waiver of such right or provision and shall not guarantee that Soksipay will repeat any such actions in the future. If any provision of the User Agreement is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give appropriately valid effect to the intention of the User Agreement as reflected in the provision, and the other provisions of the User Agreement shall remain in full force and effect. d. Modification. We may modify this User Agreement from time to time without notice to you, except as may be required by law. You can review the most current version of the User Agreement at any time by reviewing our websites. You may terminate your use of the Service if you do not agree with any modification or amendment. If you use the Service after the effective date of an amendment or modification, you shall be deemed to have accepted that amendment or modification. You agree that you shall not modify this User Agreement and acknowledge that any attempts by you to modify this User Agreement shall be void. e. Language. In the event there is any inconsistency between the English and French or other language text on our websites, including the User Agreement, the English text shall be binding.
Your security and the integrity of your account is a top priority and Soksipay works hard to make sure that your information is secure. Soksipay is a safe and convenient way to send money to family members and other people that you trust. However, scams and fraudsters are abundant and we urge you not to send money to anyone that you do not know personally. In particular, you should be cautious of deals or offers that seem too good to be true. If you think you have been or might be a victim of fraud, please contact us immediately by telephone at 1-514-360-9910. If you are aware of anyone or any entity that is using the Service inappropriately, please e-mail us at firstname.lastname@example.org. If you receive any fake (phishing) e-mails purporting to be from Soksipay, please forward them to us at email@example.com.
17. Contact information
Questions, notifications and refund requests or further information can be sent to Soksipay, as follows: online; By phone at 1-514-360-9910; Or by mail to Soksipay Inc., Attn: Customer Service, 8255 Mountain sights Ave. , # 100, Montreal, QC, H4P 2B5, Canada.