CONDITIONS OF USE
Save Money Transfer Inc. (below SMT Inc. ) welcomes you to its website and Mobile App.
Before we continue, we need to define important terms for the proper understanding of all.
- Money transfer: It's the act of transferring or moving money to a known person and pre-selected according to the payment terms previously registered.
- Service: Select some or all our services: the transfer of cash or electronic money.
- Service charge: Fees charged by SMT Inc. to transfer money. The fees listed on our platforms can be changed without notice. Additional fees or taxes may also apply to different countries.
- User: Anyone who agrees to use our Service to send or receive money.
- Operation: Select the transfer of cash or electronic money through our Service.
- Sender: A person who sends money to another person through our service.
- Recipient: Person designated by the sender to receive the money transferred.
- Destination country: This is the country in which the recipient receives the money sent through our Service. This country is specified by the sender at the time of shipment.
- Transfer request: This is a specific directive that we receive from you in order to transfer money to a beneficiary previously designated by you via our service.
- Electronic money: This is a form of currency denominated in known currencies, which is stored electronically.
- Platforms: Website and Mobile Application of SMT Inc.
- Instruction: This is a formal request from you asking us to perform an operation.
The terms "you" and "your" refer to all users and visitors to Save Money Transfer Inc platforms.
The masculine is used on our platforms and in these conditions of use to lighten the text, without prejudice to the female form.
*** FRAUD ALERT ***
As a security measure, we strongly recommend that you only send money to people you know, including family, friends, relatives or anyone else with whom you have a trusting relationship.
Please note that the legal age to enter a legally binding contract with SMT Inc. and use our service is 18 years or more. By registering on SMT Inc.'s platforms and using our services, you declare and guarantee that you are at least 18 years old.
What you need to access SMT
For the mobile app:
- A mobile device operates on Android 8 or iOS;
- Always connect to the latest version of our Mobile App, that is, the one currently supported by its publisher.
For the website:
A computer or device has an operating system that can support the following
- A computer system running in Windows or Mac environment, or an even more efficient system;
- An internet connection;
- Browser: Use a recent navigator such as Internet Explorer 11 (or higher version) or Mozilla, Firefox 7.9, Safari 13,Chrome 85 or Edge (users using other browsers may experience compatibility issues);
- A recent version of any program that can read and view PDF files such as Acrobat Reader version 20.
Consent to receive any communication electronically or via SMS
In our interest to contribute to the protection of the environment, notices, communications and statements will be sent to you electronically. By agreeing to use our services, you consent to receive any communication electronically from us. You can revoke your consent at any time. Your consent covers any communication, SMS, notice, correspondence or document that may be sent to you on paper.
Keep your personal information up to date
We must be able to always communicate with you when necessary.
Any change to your personal information essential to carry out a money transfer (e-mail address, phone number, postal address,... ) should therefore be brought back to us as soon as possible by updating your profile on our platforms.
Our commitments and obligations
Due to these Terms and Conditions of Use, we are committed to offering you the service with appropriate care.
Our service allows you to make money transfers via the Internet to previously designated recipients, for a Visa® or MasterCard credit card® (hereafter called "credit cards"), a Visa® or MasterCard debit card® issued by a Canadian bank (hereafter called "debit cards") or a bank account.
Please note that the Service may be totally or partially unavailable. We also reserve the right to withdraw (suspend access), update or modify our platforms, and any service or content we provide, at our sole discretion and without notice, unless otherwise required by law. If for some reason, any part of our platforms is not available at any given time or period, we will not be held responsible.
We are not obliged to process any transfer. Every time you submit a transfer request, you ask us to process and execute the order on your behalf. It is possible, depending on our assessment, that we may accept or refuse to process your transfer request. If you refuse treatment, you will be promptly informed and we will refund the amount you paid us, provided that the law does not prohibit it from us. Even if we decide to deal with the transaction, it is possible that we will suspend it or cancel it later, to our discretion.
We reserve the absolute right to refuse a transfer request or impose limits on the amount of transfer, for each or more of your transactions. We also reserve the right, at our sole discretion, to limit or modify at any time the means of payment that we accept for a few or all users.
We reserve the right, at our sole discretion, to:
- Take appropriate legal measures, including, but not limited to inform the appropriate authorities for any illegal or unauthorized use of our platforms,
You absolve us of any liability related to any claim resulting from any action taken by SMT Inc. during or as a result of investigations by us or by law enforcement authorities, or regulators, regarding the money transfer service or your use of this money transfer service.
The processing times shown on our platforms and elsewhere represent normal or average service times and are not a guarantee. An operation may be delayed or cancelled for several reasons, including, but not limited to, our procedures for communicating, verifying your identity and validating your operating instructions, not to mention changes in opening hours and monetary availability, or compliance with measures to comply with current regulations.
In monetary terms, unless otherwise required by law, SMT Inc. responsibility is only the total amount, including service charges, you incurred when you transferred money. As a result, SMT Inc., its subsidiaries or agents, its service providers, its employees, officers or directors will not be held liable for any damages, which, according to legal theory, are caused by your use or inability to properly use the application or our website, as well as any content of our platforms or any service received through our platforms, including any damage, which is a cause of negligence or tortious nature, a breach of contract or otherwise.
If we do not properly complete the transactions in accordance with your instruction, within a reasonable time, under this agreement with you, we may be liable for your losses, up to the total amount, including service charges, that you incurred during your money transfer request. However, we will not be held responsible in the following cases: if:
- The funds available in your bank account, debit card account or credit card account are insufficient to complete the transaction;
- The paying agent or recipient refused to accept your money transfer;
- The paying agent or recipient refuses to complete the transaction;
- Ongoing legal proceedings or other charges prevent access to your funds, thus limiting the transfer;
- The transaction information or instructions you have provided to us are incorrect or incomplete;
- There is a failure of the means of communication, loss or delay in the transmission of messages;
- Your use of our platforms is not acceptable.
Acceptable use of our platforms
The use of our platforms, their content as well as the information transmitted is limited to the money transfer activity. For this purpose, no platforms or the money transfer service of SMT Inc. should not be used in such a way as to molest, discredit, tyrannize, defraud or violate the rights of another party.
We will not consider your use of our platforms acceptable if:
- You use them to initiate, support or participate in activities of an illegal, fraudulent or illegal nature that violates any federal, provincial, local or international law, ordinance or regulation.
- To access SMT Inc., you use technologies, automated system of any kind or other means not authorized by us.
- Try by any means to introduce viruses, including without being limited to any other code or computer program that destroys or interferes with the proper functioning of our computer or communication equipment and compromises the security of our platforms.
- You are attempting to access our computer network or SMT Inc. user accounts without permission.
- You provide false information that could harm us from our service providers. In this case, you will have to agree to cooperate with an investigation by providing confirmation of your identity.
- You violate our intellectual property rights whatever they are or those of a third party.
- You are in violation of the right to privacy.
- If you engage in conduct that would be a criminal offence or result in civil liability;
Personal security and privacy data
You will need to provide us with your personal information in order to benefit from our money transfer service. Your information must be accurate to allow us to verify your identity and obtain bank authorizations to transfer the money in accordance with applicable laws and regulations. If necessary, information about the recipient may be required and saved to prove his or her identity. It is possible that the current law requires us to report some or all the money transfer transactions to federal, provincial, local or foreign authorities.
You therefore consent to us collecting and processing your personal information for verification purposes in order to offer you the service. You also agree that we and our third parties will use your data for the purposes of accounting, archiving and for legal reasons and ultimately to communicate with you.
Please note that we may also pass on your personal data to one or more commercial intelligence agencies that may retain this information. We may also disclose your personal information about your use of the service and your instructions to the appropriate authorities at their requests.
When you become a user of our money transfer service and you have a username, password, personal identification number ("PIN") or any other information as part of our security procedures, you agree to treat this information confidentially, so as not to disclose it to any third party. You agree to inform SMT Inc. as soon as possible. unauthorized use of access data or other security breaches. You should also make sure to close the session properly after each use of your SMT account. Please note that you are only allowed to create and maintain one user account registered with SMT Inc. Also, we urge you to exercise a high degree of caution when accessing your account from a public or shared computer so that others cannot access your personal information.
A payment authorization is an instruction that we receive every time you enter and submit a money transfer transaction on our platforms. In doing so, you authorize us, our designated agents or agents to deduct from your designated credit or debit card account or your bank account the amount of this transaction including the service charge of SMT Inc. It is therefore your responsibility to ensure that your designated credit or debit card account or bank account contains enough funds to cover the payment of your money transfer transaction. Once the transfer request is processed according to the money transfer instructions you have provided us, if we realize that the payment method you used did not have enough funds, we will claim the full amount, including service charges. We will therefore have the right to correct errors by initiating debit and credit transactions on your account. We need a written notice from you or a phone call to our Customer Service to revoke this authorization. You can only revoke your authorization by notifying us by phone at +1 833 794 1501 or by written letter sent to 155 Avenue de la Briqueterie J5R 0B5 (Québec), to the attention of Customer Service. Please note that all our users' permitted transactions on our platforms must comply with all applicable federal, provincial and foreign laws.
Please note that we must first have the authorization of the issuer of your credit or debit card concerned, or that of your bank, to debit your account before authorizing and processing your transfer request. You therefore acknowledge and accept that SMT Inc. is authorized to charge the credit card, debit card, or selected bank account, the total amount you wish to transfer including service and other applicable fees. Keep in mind that fees such as advance fees, withdrawal fees or other fees may be charged by your issuing bank depending on the terms and conditions associated with the use of your credit card, debit card or bank account.
Cancellations and refunds
If, as a result of a money transfer to a designated recipient according to the instructions you have provided us, you ask us to cancel the transaction, we will first have to check with the paying agent or agent to see if the money has been returned to the recipient. Once we have confirmation from the paying agent or agent that the payment has not been made, we will cancel the money transfer and refund the amount of the money transfer, including the service fee. Please note:
- Your refund will be made in the currency in which you made the payment beforehand.
- We have up to thirty (30) calendar days from the time we received the cancellation order or the date on which the paying agent or agent will have been returned to us the money.
You can contact our Customer Service at +1 833 794 1501 for more information,
Restrictions on money transfers
At our sole discretion, we reserve the right to do the following:
- Refuse to process a money transfer request;
- Establish limits on the amount of one or more money transfers;
- In the interests of complying with applicable laws and regulations and working with the relevant authorities, make reasonable measures concerning one or more money transfers
- Require additional information about you or the beneficiaries to transfer money;
When your transfer transaction is for some reason rejected or awaiting further verification, as a user, you agree not to attempt to repeat the transaction using another debit or credit card or other bank account, entering false information or using any other means.
The SMT Inc. service is only available for personal users' money transfer needs. You and a third party are not allowed to use or attempt to use the service for commercial purposes.
Each user may not transfer more than C$2,499.99 per calendar day depending on the registration of the account. Also, over a consecutive period of (30) calendar days the maximum total amount a user can transfer is C$7,499.99. At its sole discretion, SMT Inc. may make changes to these restrictions at any time without notice.
For some reason, the paying agent is not required to accept a money transfer you have submitted. You accept that we are not responsible for any damage caused by a paying agent's decision not to accept a money transfer made via our service.
From the moment we become aware of the date of the rejection of your transfer by the paying agent, we have up to (30) calendar days to return any payment refused by the payment method you originally used. The same is true for all unclaimed or refunded payments.
When you realize that the information you have provided to us about the recipient is incorrect, contact our Customer Service at +1 833 794 1501 to correct the recipient's information or to make a refund of your money transfer.
Receiving in a currency other than the one indicated by the sender
At the time of receipt of the transfer, if the recipient wishes to receive the money in a currency other than that indicated by the sender when sending the transfer, depending on the availability of local currency, SMT Inc. will enter into a foreign exchange transaction with the beneficiary. The profit margin that emerges from this foreign exchange transaction serves us to cover the risks associated with this type of transaction.
Applicable law and competent jurisdiction