QicSEND END-USER AGREEMENT
This End-User Agreement (the “Agreement) is effective as of February 1, 2014 or any later date when you first access the QicSEND Web sites ("Web sites" means this site and also includes our mobile Web access and native mobile applications and access to our cloud platform by SMS). This Agreement governs the terms under which you may access and use the services provided via our Web sites (the "Service"). By accessing and using the Service, you are agreeing to this Agreement, Terms and Conditions and associated Privacy Statement as provided herein.
The terms "we", "us", and "our" as used anywhere in this Agreement refers to QicSEND, together with its employees, consultants, directors, successors, affiliates, and assignees. The terms "you" and "your" refer to users of the Service, whether these users are acting as Senders or Receivers (as defined below), or are visitors to our Web sites.
This End-User Agreement (the “Agreement) is effective as of February 1, 2014 or any later date when you first access the QicSEND Web sites ("WThe Service is offered to enable you to send money remittances from Canada to persons overseas. You should only use the Service to send money to people with who you have a close personal relationship, and never to strangers as many frauds are perpetrated over the Internet or through social networking.
The Service is designed to allow people to send and receive money around the world, but may not be available in certain countries depending on local laws and regulations.
Note that if you access our Web sites using a mobile device you may incur data usage and other fees charged by your wireless service carrier.
"Sender" – A person who uses the Service to send money. A Sender must be at least eighteen (18) years old to access or use the Service and be able to form legally binding contracts under applicable law. We have the right not to accept you as a Sender at our sole discretion;
"Receiver" – The person who receives money from a Sender through the Service;
"Recipient Country"- The country in which the Receiver receives money through the Service;
"Money Transfer" - A unique transaction created when you instruct the Service to send money to a Receiver;
"Received Amount" – The amount to be paid out to the Receiver, prior to any local charges or taxes that may be applied in the Recipient Country;
"Total Transfer Amount" – The amount that the Sender provides to QicSEND to send the Money Transfer, including the Received Amount plus the Remittance Fee and any other charges payable to QicSEND as described below, and which will be displayed for your review and agreement prior to a Money Transfer transaction being initiated.
THE QICSEND MONEY TRANSFER AND REMITTANCE SERVICE IS SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS:
If you submit a Money Transfer transaction via our Web sites your request that we process your Money Transfer is an offer on your part, and we may accept or reject your offer at our sole discretion from our place of business in Toronto, Ontario, CANADA.
If such an offer is accepted by us then a Sender may send a Money Transfer to a designated Receiver anywhere in the world where QicSEND offers its Service over the Internet or through other electronic communication channels. The corresponding Total Transfer Amount can be charged to a Canadian-issued Visa or MasterCard credit card, or Visa- or MasterCard- branded debit card or an INTERAC®-branded debit card or bank card (collectively, your “Card”). Money Transfers will normally be paid to the Receiver in cash, cheque, to a Visa- or MasterCard-branded prepaid or debit card, direct deposit to the Receiver’s bank account or delivered to a prepaid or virtual e-wallet, or a combination thereof. Received Amounts will usually be denominated in the currency of the Recipient Country but in certain destination countries, Money Transfers will always be paid out in U.S. dollars. Received Amounts from Money Transfers are available for pick up by the Receiver promptly after validation of Sender information, which may take up to 24 hours in the Recipient Country. Certain Money Transfers that exceed certain principal amounts, and/or transfers to certain destinations may take longer or be subject to additional restrictions. For certain international destinations, a Test Question or Personal Identification Number (”PIN”) is required under local regulations to be provided for some or all Money Transfers to that destination, and in those destinations, the Receiver may be required to provide either proper identification or the correct answer to the Test Question or PIN, or both, to receive payment. Please contact QicSEND at the Customer Service telephone number listed below for current information regarding the availability of Test Questions or PIN for your selected destination. QicSEND reserves the right to limit the principal amount of a Money Transfer, or to decline to accept or pay any Money Transfer that it or its agents determine in their sole discretion violates any applicable law or QicSEND policy. Please contact QicSEND at the Customer Service telephone number listed below for current information regarding the conditions applicable to the service you have selected or your expected Recipient Country. When required by applicable law, Money Transfers sent or received in Canada will be reported to federal, provincial, local and/or foreign authorities. You will be required to provide QicSEND with certain information to allow us, among other things: to verify your identity; to receive appropriate Card authorization; and/or to complete the Money Transfer transaction. Please refer to QicSEND's Online Privacy Statement for information concerning QicSEND's use of this and other personal information.
Remittance Fees - In consideration for the use of the Service, you agree to pay to QicSEND a fee for each Money Transfer initiated by you at the applicable rate then in effect (the "Remittance Fee"). The applicable Remittance Fee for your transaction will be provided to you prior to your final authorization of the transaction, in addition to any applicable fees for additional services.
Payment - The Total Transfer Amount comprising Remittance Fees and the principal amount of the Money Transfer are due and payable before QicSEND processes the transaction. You must pay for the Service with your Card. If QicSEND does not receive authorization from the Card issuer for the entire Total Transfer Amount your Card will not be charged, the Money Transfer transaction will be not be processed and funds will not be transmitted to the Receiver. QicSEND assumes no liability for damages resulting from or arising out of non-payment of the Money Transfer by reason of non-receipt of authorization from the Card issuer. Each time you use the Service you agree that QicSEND is authorized to charge your designated Card account for the Total Transfer Amount any other applicable fees. (Your agreement with your Card issuer governs use of your Card, and you must refer to that agreement to ascertain your rights and liabilities as a cardholder, which may include a "cash advance" fee.)
REFUNDS OF PRINCIPAL AMOUNT and cancellation of the Money Transfer will be made upon written request of the Sender to the address shown below if payment to the Receiver has not yet been made at the time the request is processed by QicSEND. Refunds will be made within 45 days of receipt of a valid written request from the Sender. REFUNDS OF FEES will be made upon written request of the Sender if the Money Transfer is not available to the Receiver within the time specified by QicSEND for the selected service, subject to the business hours of the location selected by the Receiver for payment and other special conditions. Refunds will be made within 45 days of receipt of a valid written request from the Sender.
SMS, e-mail or other electronic notification to the Receiver that the Money Transfer is available to the Receiver is offered in certain international destinations.
MESSENGER DELIVERY of Money Transfer cheques, cash or prepaid voucher is available to selected international destinations. Supplemental messages may be included in certain international destinations. ADMINISTRATION CHARGE If the Received Amount from a Money Transfer is not picked up by the Receiver or is not cancelled by the Sender prior to pick up within one (1) year of the date it was sent, there will be a non-refundable administration charge where permitted by law. The administration charge will be deducted from the principal amount of the Money Transfer. The administration charge is one Canadian dollar ($1.00) per month from the date the Money Transfer was sent up to a maximum of fifty dollars ($50.00).
If any dispute or claim arising from or relating to a Money Transfer that involves a claim by a Sender for less than $10,000.00 exclusive of interest, arbitration fees and cost relating to the application, interpretation, implementation or validity of this agreement or service, you and we (together the “Parties”) agree to resolve the dispute by arbitration using the Canadian Arbitration Association Expedited Arbitration Rules. The Parties agree that the Canadian Arbitration Association Expedited Arbitration Rules give the Parties a fair opportunity to present their case and respond to the case of the other side. The arbitration shall be held in Toronto, Ontario, CANADA, or in such other location as the Parties may mutually agree. and shall proceed in accordance with the provisions of the Arbitration Act (Ontario). Each party shall bear its own lawyer's, expert's and witness fees, which shall not be considered costs of arbitration. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. If any portion of this paragraph is deemed invalid or unenforceable, it shall not invalidate the remaining portions of this paragraph. THE PARTIES ACKNOWLEDGE AND AGREE THAT, EXCEPT AS EXPRESSLY PROVIDED IN THIS PARAGRAPH, THEY ARE WAIVING ALL RIGHTS TO A TRIAL BY COURT OR JURY AS A MEANS OF RESOLVING ANY DISPUTES ARISING OUT OF OR RELATING TO ANY MONEY TRANSFER REMITTANCE.
IN NO EVENT SHALL QICSEND BE LIABLE FOR DAMAGES FOR DELAY, NONDELIVERY, NONPAYMENT OR UNDERPAYMENT OF ANY MONEY TRANSFER, OR ANY SUPPLEMENTAL MESSAGE, WHETHER CAUSED BY NEGLIGENCE ON THE PART OF ITS EMPLOYEES OR AGENTS OR OTHERWISE, BEYOND THE SUM OF FIVE HUNDRED CANDIAN DOLLARS ($500.00) (in addition to refunding the principal amount of the Money Transfer and the fees), unless the Sender has obtained a higher liability limit by calling the telephone number set out at the bottom of this page and paying an additional charge therefor. IN NO EVENT WILL QICSEND BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. THESE CONDITIONS CANNOT BE CHANGED OR SUPPLEMENTED ORALLY.
QicSEND (and its agents if applicable) reserve the right to decline to send or refuse to pay any Money Transfer that we determine in our sole discretion violates any applicable law or QicSEND Policy.
Last updated: March 29, 2017
The QicSEND Referral Program allows registered QicSEND users (a “ User”) to earn promotional promo code that gives the User a credit (“Free Money”) on their next transaction by referring friends to QicSEND. To participate, QicSEND Users must agree to these terms, which become part of the QicSEND End-User Agreement.
QicSEND Users can earn Free Money towards future QicSEND money transfers if: (i) a referred friend of family member clicks or taps on their referral link to create a valid QicSEND account that complies with our End-User Agreement (ii) the referred friend or family completes a money transfer. Neither the QicSEND User may be the sender or recipient of the money transfer. The referring QicSEND User will receive a promo code that may be used on a future money transfer. Users may earn a maximum of CDN$1,000 in Free Money per account or person.
Free Money may only be redeemed via the Qicsend site or app. Free Money Codes will automatically appear as an available promo code on the Users account and may be used on a money transfer within 180 days from the date they are issued. After 180 days, the Free Money code will expire. Free Money codes are coupons issued for promotional purposes only and they have no cash value and may not be transferred or exchanged for cash. Free Money codes may not be earned by creating multiple QicSEND Users accounts. QicSEND Free Money codes may not be combined and with other Free Money codes and can be only one code can be applied to only a single transaction. You are responsible for any Tax consequences, if any, that may result from your use of Free Money codes.
Personal invite codes should only be used for personal and non-commercial purposes. This means you are welcome to share your invite code with your personal connections via social media as long as you are the owner of the social media account.
Referred persons that have signed up using a valid referral link will also receive a Free Money promo code. Varying Free Money amounts and additional terms will be shown in the referral invitation or accompanying promotional materials.
A referred person may only use one referral link. If a referred friend receives referral links from multiple QicSEND Users, only the corresponding QicSEND User of the referral link used by the referred friend will receive Free Money.
If any provision in these terms are held to be invalid, void, or unenforceable, such provision (or the part of it that is making it invalid, void or unenforceable) will be struck and not affect the validity of and enforceability of the remaining provisions.
QicSEND may suspend or terminate the Referral Program or a user’s ability to participate in the Referral Program at any time for any reason. We reserve the right to suspend accounts or remove Free Money promo codes if we notice any activity that we believe is abusive, fraudulent, or in violation of QicSEND’s End-User Agreement. We reserve the right to review and investigate all referral activities and to suspend accounts or modify referrals in our sole discretion as we deemed fair and appropriate. The referral program may be changed at any time without notice to Users.
We can update these terms at any time without prior notice. If we modify these terms, we will post the modification on the QicSEND website or apps which are effective upon posting. Continued participation in the Referral Program after any modification shall constitute consent to such modification.
360 Bay Street, Suite 901
Toronto, ON M5H 2V6