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Terms and Conditions


TERMS AND CONDITIONS


Your (the “User” or “Users”) use of www.wsfremit.com (the “Website”) is subject to the following Terms and Conditions of Wall Street Finance (Canada) Ltd. (“WSFCL”):


1. General


The Website is owned by WSFCL, a corporation registered under the laws of Canada. By using the Website, its Content, or any of the Products and Services of WSFCL, the User agrees, without limitation or qualification, to be bound by these Terms and Conditions and such other additional or alternative terms, conditions, rules and policies which are displayed or to which the User may be directed to, all as may be modified by WSFCL from time to time.

WSFCL has no obligation to monitor the Products and Services provided through the Website. However, WSFCL reserves the right to review, edit, refuse to post or to remove any information or materials posted, in whole or in part, in WSFCL’s sole discretion. WSFCL reserves the right to terminate the User's access to any or all of the Services provided through the Website, at any time without notice and for any reason whatsoever. WSFCL reserves the right at all times to disclose such information as is necessary to satisfy any applicable law, regulation, legal process or governmental request. The User hereby acknowledges and agrees that the User has read and fully understands the Terms and Conditions and the Privacy Policy of WSFCL and the User hereby consents that the Terms and Conditions and the Privacy Policy are acceptable to the User.

If the User does not agree with the Terms and Conditions, he/she may not use the Website, its Content, or the Products and Services of WSFCL and must terminate any applicable agreements.


2. Legal Capacity


The User represents and warrants that he/she possesses the legal right, capacity and ability to agree to the Terms and Conditions and use the Website, and its Content in accordance with them. If the User is an individual, the User represents and warrants that he/she has reached the age of majority in the jurisdiction in which he/she resides, and in any event at least 18 years old. If the User is using the Website, its Content or the Products and Services of WSFCL on behalf of a corporation or another organization, he/she represents and warrants that he/she has the ability to agree to these Terms and Conditions on behalf of such corporation/organization and all references to the “User”, “Users” or “You” throughout the Terms and Conditions will include such organization, jointly and severally with him/her personally.


3. Disclaimer of Warranty


WSFCL does not make guarantees of any kind regarding the Website, its Content, or its Products and Services. All mentioned Products and Services are provided on an "as is" and "as available" basis. The User expressly agrees that use of the Products and Services is at his/her sole risk. WSFCL expressly disclaims any representation or warranty that the Website will be free from errors, viruses or other harmful components, that communications to or from the Website will be secure and not intercepted, that the Services and other capabilities offered from the Website will be uninterrupted, or that its Content will be accurate, complete or timely. Any material downloaded is done at the User’s own discretion and risk and that he/she will be solely responsible for any damage to his/her computer system or loss of data that results from the download of any such material.

Other than those warranties which are incapable of exclusion, restriction or modification at law, WSFCL expressly disclaims all warranties and conditions, including implied warranties, fitness for a particular purpose, title, non-infringement, and those arising by statute or otherwise in law.


4. Financial Information Disclaimer


The Website, its Content, or any Product and Services of WSFCL may be for information purposes only and shall not be used or construed as an offer to sell, a solicitation of an offer to buy, or an endorsement, recommendation, or sponsorship of any currency or precious metal by WSFCL. The User acknowledges and agrees that any request for information by the User is unsolicited and will neither constitute nor be construed as financial advice by WSFCL. The User shall apply his/her own judgment in making any use of the Website, its Content, or the Product and Services, including, without limitation, the use of any information contained therein as the basis for any conclusions. The User bears responsibility for his/her own financial research and decisions. Prior to making any financial decision, it is strongly recommended that the User seek outside professional advice. WSFCL does not provide or guarantee any financial, legal, tax, or accounting advice or advice regarding the suitability, profitability, or potential value of any currency, precious metal, security, or information source.


5. Limitation of Liability


In no event shall WSFCL be liable to any User or party for any direct, indirect, special or other consequential damages for any use of the Website, any hyperlinked website, its Content, Products and Services, whether based in negligence, strict liability or otherwise, that arises out of or is in any way connected with (i) any use of, browsing or downloading of any part of the Website or its Content, or (ii) any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, even if WSFCL has been advised of the possibility of such damages.


6. Indemnification


The User agrees to indemnify, defend and hold WSFCL, its owners, employees, agents, Website partners, and their respective lawful successors and assignees harmless from and against any and all losses, liabilities, claims, damages, costs and expenses (including reasonable legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by WSFCL and/or its affiliates, its owners, employees, agents, Website partners, and their respective lawful successors and assignees that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by the User pursuant to this agreement.


7. Conduct of the User


The User agrees to comply with all applicable laws, regulations, legal processes, governmental requests, and the Terms and Conditions and the Privacy Policy when using the Website, its Content or the Products and Services of WSFCL. The User acknowledges and authorizes WSFCL to inquire into or investigate any violations of law or regulation. The User further acknowledges that WSFCL shall and will cooperate with law enforcement authorities in prosecuting the User in this regard.

The User further agrees not to:

  • transmit or remit funds for an unlawful or criminal purpose;
  • operate pyramid or other illegal soliciting or fund raising schemes;
  • post, transmit, link to, or otherwise distribute any materials, information or content constituting, advocating or encouraging conduct that would constitute a criminal offence or give rise to civil liability, or otherwise use the Website, its Content or any of the Product and Services in a manner which is contrary to law or would serve to restrict or inhibit any other User from using or enjoying the Website, its Content, or any of the Product and Services;
  • post, transmit, link to, or otherwise distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information;
  • defame, abuse, stalk, harass, threaten or otherwise violate the legal rights and freedom of others, including without limitation, rights relating to privacy and publicity;
  • post, transmit, link to, or otherwise distribute any information, materials, content or software which contains a virus, cancelbot, trojan horse, worm or other harmful or disruptive component; or
  • use any spider, robot, other automatic device, or manual process to monitor or copy the Website and its Content contained thereon for any purpose without WSFCL’s prior written consent/authorization.


8. Registration, Accounts and Passwords


The Services and related material, software, information, data and other Content made available via the Website may require registration or subscription. Should the User choose to register or subscribe for any such Products, Services or related Content; he/she agrees to provide accurate and current information as required by the relevant registration or subscription process, and to promptly update such information as necessary to ensure that it is kept accurate and complete. The User agrees to be responsible for: (a) maintaining the confidentiality of any passwords or other account identifiers which he/she chooses or are assigned as a result of any registration or subscription to a Service, and (b) all activities that occur, including transaction effected, under such password or account. Further, the User agrees to notify WSFCL of any unauthorized use of his/her password or account. WSFCL will not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, the User’s failure to comply with this Section. The User agrees that his/her access to the Service may be restricted to access on one device at one time and WSFCL reserves the right to force a log off of the User’s account in the event it determines at any time, in its sole discretion, that the User’s account has been simultaneously logged into on more distinct devices than permitted. The User agrees that he/she is solely responsible for any fees, overages, penalties or any other costs charged to the User by any third party internet, cellular or other communications/data provider.


9. Money Transfer Transactions


9.1 Order Restrictions


WSFCL reserves the right to implement restrictions on transactions at any time without prior notice.


9.2 Methods of Payment


WSFCL only accepts Interac Online (debit card) as an appropriate method of payment, subject to change without notice. Unless otherwise indicated, prices displayed on the Website are quoted in Canadian dollars.


9.3 Price Confirmation


The price of the transaction is locked-in at the time an order is submitted by the User regardless of market fluctuations. Once the order is confirmed, the User will have entered a binding agreement. If the Order is cancelled, a cancellation fee of $50.00 and any market loss may come into effect, which will be charged to the User, and deducted from the User’s account.


9.4 Cancelling Transactions


The User may cancel his/her order through his/her account, by written confirmation and/or by any other method as specified by WSFCL, subject to change from time to time. Upon receipt of confirmation from the Correspondent Bank that the transmitted transaction has been cancelled, WSFCL will apply the cancellation and credit the User’s account. The transaction will not be cancelled without confirmation from the Correspondent Bank.

Cancellation requests cannot be reversed and WSFCL shall not be obligated to meet requests to reverse the cancellation. Any fee charged by the Correspondent for the cancellation request will be charged to the User’s account.

The cancellation of an order may result in charges to cover the cancellation of the order and any market loss. Market loss is calculated if the market value of the currency has decreased between the time the purchase price was locked-in and the time the order was cancelled. A cancellation fee of $50.00 will also be applicable.

In the event of a market gain (the market value of the currency has increased between the time the purchase price was locked-in and the time the order was cancelled) no market change fee is charged, but a cancellation fee of $50.00 will still be applicable.

All charges to cover the cancellation of the order will be charged to the User’s debit card at any time without any prior notice.


10. Product, Services and Content


10.1 Availability of Product and Services


Products and Services offered through the Website are subject to availability. WFSCL may, in its sole discretion, limit or cancel the quantities offered on its Website or limit the sales of its Products or Services to any User, household, geographic region or jurisdiction. Prices of Products and Services are subject to change, without notice.

WSFCL reserves the right, in its sole discretion, to refuse Products, Services and orders, including without limitation, a false or fraudulent order.


10.2 Availability of Website


WSFCL will use reasonable commercial efforts to keep the Website available on a 24-hour/7-day-a-week basis, subject to necessary scheduled downtime for maintenance, unscheduled maintenance, and system outages. WSFCL does not promise that access to the Website will be uninterrupted or available at all times. WSFCL assumes no liability or responsibility for any damages or losses caused by a delay, interruption or downtime in the Website.


10.3 Content


Although WSFCL makes reasonable commercial efforts to ensure that the description and content on each page of the Website is correct, it does not take responsibility for changes that occur due to human or data entry errors or for any loss or damages suffered by the User due to any information contained herein.


10.4 Viruses


WSFCL makes reasonable commercial efforts to exclude viruses from the Website, but cannot ensure that the Website will be at all times free from viruses or other destructive software. The User is urged to take appropriate safeguards before downloading information from the Website. WSFCL assumes no responsibility or liability for any damages to computer equipment or other property that may result from use of the Website, its Content or the Products and Services or downloading anything from the Website.


10.5 Links to Third Party Sites


The User may, through hypertext or other computer "links," gain access to other sites on the Internet which are not part of or controlled by WSFCL. WSFCL is providing these links to the User only as a convenience, and the inclusion of any link does not imply endorsement by WSFCL.

Unless otherwise indicated on the Website or its Content, WSFCL is not sponsored by or affiliated with the linked sites, and trademarks used in connection with linked sites are not trademarks of WSFCL.


11. Intellectual Property


11.1 Ownership Rights


This Website is the sole and exclusive property of WSFCL. WSFCL retains all right, title and interest (including all copyright, trademark, patent, trade secrets, and all other intellectual property rights) in the Website unless otherwise stated in these Terms and Conditions, or on the Website. The Website is protected by copyright, trademark, patent, trade secrets, unfair competition, and other laws of worldwide, through the application of local laws or international treaties. Any unauthorized use, reproduction or modification of the Website may violate such laws.


11.2 Multimedia Content/Trademarks


Pictures, sounds, sound effects, sound recordings, musical works, performances, graphics, video, cinematic productions, audio-visual works and any other works (collectively, the "Multimedia Content"), and WSFCL trademarks and all other logos (collectively, the “Trademarks”) that appear, are displayed, or used on the Website are registered or common law trademarks or rightfully used by WSFCL. The Multimedia Content and Trademarks may not be copied, downloaded, reproduced, used, modified, or distributed in any way without prior written permission/authorization from WSFCL.


11.3 Restrictions on Use of Materials


The User agrees not to reproduce, make derivative works of, retransmit, distribute, sell, publish, communicate, broadcast or otherwise make available any of the Content obtained through the Website, its Content or the Product and Services of WSFCL, including without limitation, by caching, framing or similar means, without the prior written permission/authorization from WSFCL.


12. Comments and Submissions


WSFCL will endeavour to treat any communications or materials the User transmits to WSFCL, through the Website, by electronic mail or otherwise, including any data, questions, comments, suggestions, ideas, or the like as confidential. However, by voluntarily submitting to us, or by posting on the Website any communications or materials, the User grants WSFCL, and all other Users of the Website, a worldwide, non-exclusive, royalty free, perpetual, irrevocable, and fully sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from distribute, and display such communications or materials in any form, media or technology. WSFCL assumes no responsibility for any communications or materials posted or submitted, or for the return or such communications or materials.


13. Monitoring


The User acknowledges and agrees that WSFCL has no obligation to monitor the Website or its Content. However, the User acknowledges and agrees that WSFCL has the right to monitor the Website and its Content from time to time and to disclose any information, including any personal information, as necessary to satisfy any law, regulation, legal process or other governmental request, to operate the Website or any of the Products and Services properly, or to protect itself or its Users in accordance with the Privacy Policy.


14. Privacy


For information on how the User’s personal information is collected, used and disclosed by WSFCL in connection with the User’s use of the Website, its Content or Product and Services, please consult the Privacy Policy of WSFCL.


15. Modifications of Terms and Conditions and the Privacy Policy


WSFCL may with or without giving notice, change the Terms and Conditions and the Privacy Policy, including but not limited to the charges associated with the use of the Website. WSFCL requests the User to periodically review the Terms and Conditions and the Privacy Policy. WSFCL endeavours to ensure that all the information on the Website is accurate, but WSFCL neither warrants nor makes any representations regarding the accuracy or completeness of any data or information contained.


16. Disputes


If any dispute or disagreement arises between the User and WSFCL related to the use of the Website, its Content, or the Product and Services, in connection with the validity, interpretation, implementation or alleged breach of any provision of the Terms and Conditions or the Privacy Policy, the dispute/agreement shall be referred to a sole arbitrator, who shall be an independent and neutral third party identified and appointed by WSFCL. The place of arbitration shall be Ontario. The arbitration proceedings shall be in the English language. The Terms and Conditions and the Privacy Policy shall be governed and construed in accordance with the Province of Ontario and the laws of Canada applicable in such Province.


17. Termination


WSFCL may at its sole and absolute discretion cancel or terminate the User’s right to use the Website or any part of the Website at any time, without notice or liability to the User or any other person. In the event of termination, the Terms and Conditions shall continue to apply and be binding upon the User with respect of his/her prior use of the Website and its Content.


18. Severability


If any provision of the Terms and Conditions or the Privacy Policy is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability will attach only to such provision or part thereof and the remaining part of such provision and all other provisions hereof will continue in full force and effect.


19. Contact Information


If the User has any questions or concerns about the Terms and Conditions or the Privacy Policy or if the User needs further assistance with respect to access to or use of the Websites, its Content or Products and Services offered by WSFCL, the User may contact WSFCL’s Customer Service department, the information of which is provided in the Contact Us section of the Website or by calling the Toll-Free Line.


20. Headings


Any headings and titles herein are for convenience only.


21. English Language


The parties have requested and agree that these Terms and Conditions and all documents relating thereto be drawn up in English. Les parties ont demandé que cette convention ainsi que tous les documents qui s'y rattachent soient rédigés en anglais.

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