1.1 In this agreement, Sendeau Corp. (referred to as “we” or “us” or “our” or “the company”) is a Canadian corporation authorized and regulated by the Financial Transactions and Reports Analysis Centre of Canada (FINTRAC) with registration number M23936793 to deal in money transfer activities as a Money Services Business.
2.1 Words defined under this section apply to the singular or plural in the same manner. Unless where otherwise stated, the following words shall have the following meanings as used in this agreement:
“Account“ or “Wallet” means a data account in our systems where we record your Available Balance, Transaction Data and other information from time to time;
“Beneficiary” is the account to which we would pay any funds to, i.e the recipient account;
“Customer Due Diligence” is the process we are required to go through to verify the identity of each user;
“Customer Funds Account” the segregated bank account where we hold relevant funds corresponding to your Available Balance;
“Money Services Business” means a business that provides foreign exchange, remittance and/or issuing or redeeming monetary instruments.
“Platform” includes our website (the “Website”) located at https://sendeau.com, and our mobile application (the “Application”).
“Service” means all the services supplied by us to you under these terms and conditions relating to and including the facilitation of frictionless payment solutions as a Money Services Business.
“Transaction Data” means all the data required for a Transaction to be completed.
“Intellectual Property Rights” means the worldwide proprietary rights or interests, including all patent rights, copyright rights, trade secret rights, moral rights, rights of publicity, trademark, service mark rights or goodwill, as such rights may be evidenced by or embodied, and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
3.1 These are the terms and conditions governing the use of this service and the agreement that operates between you and us. These terms and conditions set out the rights and obligations of all users regarding the use of the service.
3.2 Your access to and use of the service is conditioned on your acceptance of and compliance with these terms and conditions. These terms and conditions apply to all visitors, users and others who access or use our service.
3.3 By accessing or using the service, you agree to be bound by these terms and conditions. If you disagree with any part of these terms and conditions, then you may not access our service.
3.4 Your access to and use of our service is also conditioned on your acceptance of and compliance with the privacy policy of the Company. Our privacy policy describes our policies and procedures on the collection, use and disclosure of your personal information when you use our platform and tells you about your privacy rights and how the law protects you. Please read our privacy policy carefully before using our service.
3.5 We reserve the right to change, modify, remove or add to any portion of these terms and conditions at any time without prior information. You are required to check these terms and conditions regularly for updates. We may notify you of changes to our terms and conditions by email or through the private messaging system on our website or other digital platforms.
3.6 We reserve the right to discontinue, cancel, change, or suspend the rendering of a particular service at any time without prior notification. We also reserve the right to impose restrictions on accessing a part of or all the services we offer without liability or notice
4.1 We are a Fintech company that provides unique, fast, secure and reliable money remittance services across Canada with instantaneous settlement. We are a platform that facilitates frictionless payment solutions across the world. You understand and
agree that the use of our platform does not constitute or create a fiduciary or escrow capacity.
4.2 You may not use our platform for any illegal or unauthorized purposes. You must comply with all applicable laws and regulations. You may not attempt to interfere with the operation of our platform in any way, including but not limited to hacking, spamming, or spreading viruses.
4.3 To operate an account with us, you must be at least 18 years of age at the time of opening the account, and all identification documents must be correct and legally yours only.
4.4 Maintaining an account with our platform translates to acceptance of the collection, processing, storage, transfer, and use of the content and data submitted by you, including your personal data, and transaction data as may be required for the functioning of the platform such as the registration process or meeting legal requirements.
4.5 You may use our platform only to send payments to a Beneficiary located in a country where we provide payment services, as stated on our platform from time to time. Together with designated service providers, we will process the payment and make funds available in the Beneficiary account.
4.6 For reasons of fraud, intellectual property infringement, violation of privacy policy, uploading of violating content, or disregard for existing policies or regulations, we reserve the right to disable, close or refuse the opening of an account to any user.
4.7 You shall not use our platform to promote any act of discrimination based on any of the prohibited grounds such as sex, tribe, race, nationality, age, religion, sexual orientation or disability, and shall not aim to by act or omission, upset, harass, embarrass, annoy or alarm another, but will strive to promote, advocate, or assist any unlawful act.
4.8 You recognize and acknowledge that applicable processing fees may be requested for the completion of your request while using our platform. These charges will be disclosed to you. We will also make available to you the rate at which conversations to the currency of choice will be performed.
4.9 Our platform is open to all users unless there are legal or other barriers that disqualify you from using our platform, such as being a person whose name appears on any “sanction list” either in Canada or elsewhere, or a person who falls within the classification of a Politically Exposed Person (PEP).
5.1 You are only allowed to have and operate one account on our platform, subject to an express request and approval from us. You may however operate multiple wallets for different currencies.
5.2 All information provided in the account opening must be true and complete. You also agree and consent to promptly update your registration data in the event of change and to continuously ensure it remains up to date, and you agree to bear full responsibility for your omission to provide the required update.
5.3 We collect user information such as name, address, email address, telephone number, date of birth and other similar information that are necessary for account opening and Customer Due Diligence.
5.4 You agree and consent to be subject to our right to conduct necessary inquiries and Customer Due Diligence, including but not limited to our face verification process (“Liveness Check”) as part of the account opening requirement. This process is performed using your phone camera with your screen brightness temporarily set to 100% for the highest accuracy. This process is photosensitive and will display colored lights, you are advised to apply caution.
5.5 Any login information, such as usernames and passwords that you use to access our platforms are your responsibility, and it is your duty to ensure they are kept secret. All actions taken by anyone using your account(s) are entirely your responsibility. You are obliged to immediately inform us of any suspected breach of your account security. Under no circumstances would we be responsible for any loss or damage arising from the use of your account. All liabilities regarding your login management are solely on you.
5.6 You consent to our right to obtain information for Customer Due Diligence and other related purposes from other sources, including third parties such as financial institutions and credit reporting agencies. While this is not usually required, you consent to our right to obtain such information where necessary.
6.1 We offer our services through our platform. A summary of our operation is provided:
- Account opening: you create an account using information such as your name, email address, date of birth, username and password.
- Customer Due Diligence: we carry out our verification in accordance with legal requirements, including by verifying your government-issued or recognized identity document and using our liveness check for human verification.
- Default CAD Wallet: once the above is completed, a default CAD wallet is created for you. This wallet will be linked to your interact which will enable you to send and receive funds from and into the interact account linked with this wallet.
- Additional wallet(s): you may create additional wallets, such as a Naira wallet. By opening a Naira wallet, you consent that we create a Customer Fund account with our Nigerian financial institution partner. This account will be linked to your account, and funds in Naira will be paid into this account.
- Any conversion from CAD to Naira and vice versa would be at the rate published on our platform for the day. Take note of other charges which may be charged by us or your financial institution.
- Transaction Limit: we have a set limit of CAD2,500 daily, CAD10,000 weekly, and CAD25,000 monthly for funds to be sent from your CAD wallet to your Naira wallet or to be deposited to your Interac. No limit on the amount of funds that can be received into your CAD wallet. We have a set limit of N3,000,000 daily, N10,000,000 weekly, and N25,000,000 monthly, for funds to be sent from your Naira wallet to your CAD wallet or to be deposited to your Naira account. No limit on the amount of funds that can be received into your Naira wallet.
7.1 As a user, you acknowledge that all intellectual property rights in our platform and its contents, including but not limited to images, logos, and text, are owned by the company or our licensors. You agree not to copy, modify, distribute, transfer, rent, lease, alter, disassemble, decompile, or otherwise attempt to derive any algorithms, source code, underlying ideas or create derivative works based on our platform, features or services, or its contents without our express written permission.
7.2 All of the features and services provided by us on our platform are unique creations, and we own the rights to their operation. You are thus prohibited from engaging in any activity that could constitute an infringement, whether direct or indirect, on our copyrights, patents, trademarks, database rights, or confidential information.
7.3 We acknowledge that the intellectual property rights of contents provided by you, such as profile information, are not lost or transferred but translate to an express grant, represents and warrants that they can be treated in all and any manner that permits the fulfilment of our obligations to our users under this agreement.
7.4 As a user, you agree and accept to bear, solely, any resultant effect from any misuse or wrong use of any content intellectual property right of which you do not own. You shall bear this liability solely and wholly.
7.5 Anyone who believes any content contained on our platform is a violation of his/her intellectual property right is invited to immediately formally call out attention to same in writing. Such claims must be headed with the phrase “Breach of Intellectual Property Right” and should be sent via email to our contact email address. Should such notification not receive an acknowledgement within three (3) working days, kindly send a reminder and reach any of our call lines immediately.
7.6 While we commit to a reasonable partnership towards securing your intellectual property rights, we do not commit to pursuing or taking legal actions on your behalf towards the protection or enforcement of your intellectual property rights.
7.7 Should we receive a complaint about an alleged breach of intellectual property rights, we reserve the right to temporarily take down such content or prevent access to such account pending the conclusion of our investigations, and final decision. This, we commit to do within a reasonable time.
8.1 We hereby explicitly disclaim all warranties of any kind, whether statutory, implied, or otherwise, with respect to our platform, including but not limited to implied warranties to the fullest extent permitted by law.
8.2 You acknowledge and accept that using our platform is at your own risk. Our platform, including any information, goods, and services made available via them, are given “as is” and “as available.” We disclaim all liability for delivery delays, delivery errors, accidental deletions, and any loss or damage of any type you may have sustained from using our platform.
8.3 Under no circumstances, will you or any person or entity claiming through you be entitled for any loss, injury, liability or damages of any kind, direct or indirect, general, special, incidental, consequential, exemplary or otherwise, including without limitation, loss of data, goodwill, revenue or profits, arising out of or in connection with your access to, use of, inability to use, or reliance on our platform.
9.1 We may provide links to other websites or internet resources for your convenience. Be advised that such links may be connected to third-party services that are not controlled by us, therefore, you agree and acknowledge that the use of such links is at your discretion. We shall not be directly or indirectly liable or responsible for any loss or damage caused or alleged to be caused by using or relying on any such links or resources.
9.2 You are therefore advised to use those links with caution and agree that we shall have no liability whatsoever regarding the information derived, the content, privacy procedure, practice or security statement, product or service.
9.3 Be sure to read carefully through the terms and conditions, privacy procedures and policies, of such third-party websites that you visit as they may also contain links to other third-party products.
You agree to indemnify and hold us and our directors, employees, representatives, affiliates and contractors harmless from any and all claims, damages, and expenses suffered by you due to the actions of any third party using your account which relate to the use or misuse of our services.
11.1 We may terminate or suspend your account and access to our services, at any point and without notice, should we have reason to believe you or your content or your use of our services is in violation of our terms and conditions. We may notify you of such termination or suspension unless we are unable to do so legally. You understand that you have no legal right to continue to use our services upon such termination or suspension.
11.2 You also possess the right to terminate your account with us. We shall upon your instruction remove all and any information relating to your account, unless information that we are required by law to maintain for the period of time required.
12.1 You will be requested to set a password and will also be given an opportunity to provide three security questions. If you forget your password, we will provide you with the opportunity to enter the answer to one of the security questions in other to reset the your password. However, to keep your information secure, we cannot provide you with your password. Your password is your responsibility and must be protected.
12.2 Notify us immediately if you suspect that your password has become known to any unauthorized person. If you would like to update your password or other registration information, please sign in to your account and navigate to the appropriate section.
12.3 We will refrain from including personal account information in our email answers to you, with the intention of safeguarding your privacy. We may use your email address to send information about our services and products that we believe might be of interest to you. You can opt-out from unsolicited and promotional communications from us by following the unsubscribe link in our email communication.
13.1 This Agreement will be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable in the Province, and will be treated in all respects, as an Ontario contract. You agree to submit to the personal and exclusive jurisdiction of a court of competent jurisdiction in the City of Ottawa in the Province of Ontario.
13.2 These terms and conditions are governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any principles of conflicts of law.
Any dispute between us and you or any other person arising from, in connection with or relating to the use of our platform, these terms, any transaction through our platform or any related matters must be resolved before the Courts of the Province of Ontario, Canada sitting in the City of Ottawa, and you hereby irrevocably submit and attorn to the exclusive jurisdiction of those courts in respect of any such dispute.
15.1 We will take necessary efforts to ensure that our services are available 24 hours in a day but we shall not be held liable where our services or product is unavailable at any particular time or for any period.
15.2 From time to time, access to our services may be temporarily suspended without prior notice in instances which include maintenance or repairs, system failure or where we deem it necessary to do so or for any reason beyond our control.
15.3 We shall not be liable for any liability or loss which you may incur or suffer as a result of any such suspension of, or interruption to the operation of our platforms.
16.1 Any delay, failure, or omission (whether complete or partial) in the implementation, enforcement, or pursuit of a right, privilege, power, claim, or remedy granted by these terms and conditions or by law shall not be considered or interpreted as a waiver of said right, power, privilege, claim, or remedy with respect to the relevant circumstances.
16.2 Should any section of these terms and conditions be deemed unlawful, voidable, illegal, or otherwise unenforceable by a court or other competent authority, that provision shall be severed from the other provisions, which shall retain their entire force and effect.
These terms and conditions constitute the entire agreement(s) regarding our Services, and it supersedes and replaces any prior agreement(s) we might have had with you regarding our Services.
If you have any questions about the Terms, please email us at support@sendeau.com