INTRODUCTION
CONTRACT
1.1 Ourzone Financial Inc. is a company incorporated in Canada and registered with the Financial Transactions and Reporting Analysis Centre (FINTRAC) of Canada with number M21182726 as a money service business for activities relating to currency exchange and money transfer.
1.2 Under these Terms and Conditions or agreement, “Ourzone” “we” “us” refer to: Ourzone Financial Inc. together with employees, directors and associated parties. The term “site, “the site”, “our site”, “platform”, “the platform” or “our platform” refer to “website”, “app” and other associated channels of Ourzone Financial Inc.
1.2.1 These terms and conditions otherwise referred to as client service agreement govern the conditions for accessing and using the platform and other associated Services (herein referred to as the "Service"). By accessing, registering with and using the Service, you agree to be bound by the terms of the Terms and Conditions. Should you not wish to be bound by the Terms and Conditions, do not access, register with or use the Service.
1.2.2 These terms and conditions apply to all users of the site, including visitors, merchants, vendors and customers. You are advised to read these terms and conditions carefully before accessing or using our site. By accessing or using any part of the site, you agree to the terms and conditions of this agreement. If you choose not to agree to these terms and conditions, then you may not use or access or use any of our service, kindly discontinue.
1.2.3 These terms and condition shall be effective from the date of publication. Any subsequent amendment, modification or changes to the terms and condition shall be added and immediately become a part of these terms and conditions. By continue to access and use our site, you shall be deemed to accept and agree to be bound by any of such amendment, modification or changes.
2. USER ACCOUNT CREATION AND OPERATIONS
2.1 In order to access our platform, a user is expected to register through completion of an online Application form and provide the necessary documentation in line with the KYC (Know Your Customer) requirements of the company. The information will be verified and documentations checked against necessary sanctions list, politically exposed persons list and other anti-money laundering and terrorist financing parameters before a user will be approved and granted access to use the platform. By agreeing to the terms and conditions, you authorize us to undertake all reasonable measures to verify your identity and the accuracy of information provided by you, which may include background report from a third-party service provider or conducting sanctions screenings.
3. RESPONSILIBILTIES FROM YOU
3.1 You hereby agrees that you:
3.1.1 are an individual, adult (18years old or of legal age), and Canadian resident of sane mind to enter into this legal contract or agreement and take full responsibility for all action emanating from you as a user or authorized user of the platform or site.
3.1.2 Confirm that the information (either personal, financial circumstances or transactions) that is provided to us about you or in relation to the recipient of your transaction is true, accurate, and complete. Any new information or changes in the old one will be updated with immediate effect. It is your responsibility to ensure that any changes to your account, including but not limited to your address and relevant contact details, changes relating to you are immediately updated
3.1.3 Will not act as an agent to or on behalf of any third party or entity except for personal use when transacting business on our platform/site. If such is to be performed, you must obtain an express permission and approval from us.
3.1.4 Hold the responsibility of ensuring the details of recipient or beneficiaries are accurate before submitting/confirming a transfer request. The system of payment is automated with no intervention from our side, as such once a payment request is submitted it is not normally possible to change any details of that transaction. Please check detail of the transactions before confirming transactions.
3.1.5 Will not use any malicious devices, software or applications to interfere or attempt to interfere with the conduct of our operations or service
3.1.5 Will comply with Ourzone Financial Inc.’s anti-money laundering and terrorist financial programs.
3.1.6 Will fund your wallet account only through the registered name.
3.17 Will comply with these Terms and Conditions as well as any applicable laws, rules or regulations.
4. OUR RESPONSIBILITIES TO YOU
4.1 We agree to:
4.1.1 Provide you with up to-date information to enable you have a seamless and wonderful experience on our platform. The information may include but not limited to the applicable parallel market exchange rate, transactions receipt and operating hours. Please note that we shall not be held liable for any inaccuracies that may appear in that information which may result from incorrect or incomplete information.
4.1.2 Observe reasonable due –diligence and duty of care in processing your transactions in whole or in part, in certain regions, countries, or jurisdictions we operate.
4.1.3 Our wallet account does not attract interest as it is not maintain at a bank and we are not obliged to process any interest on your funded wallet
4.1.4 In our sole discretion, we may decide whether or not to accept your transaction especially where such any transaction is deemed incorrect or where there is/are grounds to suspect that such information is inaccurate, not current, incomplete, or misrepresented. Where such decision is taken not to process your transaction, your payment will be cancelled, declined or refunded (provided the law allows us to do so) and a notification will be sent to you of such action. Please note that Ourzone Financial Inc. reserves the right to discontinue its service to any user (in part or completely) where there are obvious or deemed risk associated with dealing with such an individual or user.
4.1.5 We will make reasonable effort to ensure services are carried out in a timely manner. Any delays, failures and errors in the remittance and receipt of payments may nevertheless occur. Transactions might be delayed, failed, or cancelled due to reasons within or beyond the control of Ourzone Financial Inc. including but not limited to delayed from your bank in remitting interac e-transfer, technical issues from local partners, incorrect security answers on e-transfers, incorrect information captured, or due to variations in business hours and currency availability; or otherwise, to comply with applicable law.
5. WARRANTIES AND LIABILITIES
5.1.Ourzone Financial Inc. shall not be liable to any customer or any other party for any delay, failure or error in sending a Payment to a Beneficiary bank account where such delay, failure or error arises from, is caused by, or is otherwise in connection with: (a) any delay, failure, or error of any machine, data processing system, or transmission link (whether under the control of Ourzone or a third party); (b) any period of maintenance, critical change, repairs, or alteration to computer systems (whether under the control of Ourzone or a Third Party); (c) the acts or omissions of any Third Party or factors that are otherwise outside of Ourzone’s control or (d) Ourzone fulfilling its obligations under this Agreement or Applicable Law.
5.2 Where it is ascertained that we (deliberately or in-deliberately) breached any of the terms and conditions contained herein and leading to material loss to user, we will make appropriately effort to put the customer back in a position before the material loss. Any claim for compensation made by you must be supported by any available relevant documentation.
5.3 Where a password or access of a user is compromised, thereby leading to a loss, Ourzone Financial Inc. will not be responsible for users’ negligence in compromising their login credentials.
5.4 Ourzone Financial Inc.’s services are provided “as is” and “as available”, without any representations, conditions or warranties whatsoever except as provided in these terms and conditions. Ourzone Financial Inc. expressly disclaims all other warranties, be it implied, express, implied, or statutory, including but not limited to warranties of suitability, accuracy, fitness and any other warranties relating to non-infringement
6. INDEMNIFICATION
5.1 By accepting these terms and conditions, you agree to indemnify, defend and hold harmless Ourzone Financial Inc. and its related parties from any liabilities and claims made by any third party due to or arising out of your breach or failure to comply with this agreement, your negligence or any of your authorized users or your violation of any law or the rights of a third-party.
7. CANCELLATION OF TRANSACTION AND REFUND
7.1 Payments to beneficiaries on Ourzone Financial Inc. is automated for your convenience, as such, once you submit and confirm a payment, such payment cannot be cancelled or reversed. We may however in rare cases make necessary efforts to lodge your complaint or request for reversal to the beneficiary bank. However, for reversal or cancellation of money in your wallet, certain charges may apply.
7.2 We may suspend, refuse or cancel your access to perform transactions where we suspect or confirmed that your transaction appear suspicious or where we believe that the service is being used, whether by you or the sending/receiving party, in furtherance of illegal, fraudulent or Prohibited activities. Anytime this occurs, we will notify you of our action pending the conclusion of our investigation.
7.3 We may suspend, refuse or cancel your access to perform transactions where we are required to do so by law, or where we have reason to believe processing the Transaction Requests would violate anti-money laundering or counter-terrorism financing laws and regulations.
7.4 We may suspend, refuse or cancel your access to perform transactions where we suspect or have reason to believe that your access to our platform may have been compromised or where we suspect the unauthorised or fraudulent use.
8. TERMINATION
8.1 Either party may decide to end this contract or agreement by withdrawing to provide service (Ourzone Financial Inc.) or use service (user/customer) for no reason and without prior notice. Where such right is enforced, either party will not be liable for such termination.
8.2. Ourzone Financial Inc. may terminate the contract with user if it deemed necessary based on provision in section 7.2, 7.3 & 7.4 above.
8.3 Where we have confirmed that you are in breach of any provision of these Terms and Conditions
8.4 Where we confirmed that your use of our platform is disruptive or you breached or attempted to breach the security of our platform (including unauthorised administrative data access, hacking, spamming, computer viruses, and other destructive programs with the aim of defrauding the company).
9. COUPON AND REWARDS
Ourzone Financial Inc. provides reward incentives to customers in the form of coupons. The reward are rolled out at the discretion of Ourzone Financial Inc. The terms and conditions of such will be stated anytime it is rolled out.
10. SUGGESTIONS AND COMPLAINTS
10.1 You agree that we may make use of part or all of materials or information contained in your suggestion to improve our service and you also disclaim any intellectual property rights on such information, suggestion or document that is provided to us.
10.2 Should you have any complaint about any aspect of our service, please send your complaint to us on any of our contact channels. We will investigate your complaint and do everything possible to resolve it within service level agreement.
11. PRIVACY
11.1 Ourzone Financial Inc. protects the privacy of your information by ensuring the safety of such data or information. As a regulated entity, we are sometimes required to share your personal information with regulatory bodies such as FINTRAC and/or law enforcement. Also, where it is required, we may disclose your personal information to service providers for anti-money laundering checks, credit bureaus checks and other verification companies during the account opening stage as part of our Know Your Customer (KYC)/Due Diligence process or any investigations.
11.2 We are likewise mandated by FINTRAC to maintain compliance by updating our financial records, customer identification data, and reporting certain transactions. By agreeing to these terms and condition, you give your consent for us to store your information for business and regulatory compliance.
12. GENERAL
12.1 This Agreement shall be governed by the federal laws of Canada and the parties submit to the jurisdiction of the courts located in the province of Ontario.
12.2 Failure to exercise or enforce any provision of these terms and conditions by Ourzone Financial Inc. shall not constitute a waiver of such right or provision.
13. ENTIRE AGREEMENT:
13.1 This agreement constitutes the entire agreement between the parties and supersedes any or all prior understandings or contract of service relating to the subject matter of this agreement.
14. EXTERNAL LINK
14.1 Any external links to third-party sites or platform are not controlled by us. We are not responsible for conducting the veracity or completeness. We are not liable for any harm or damages that may ensue from your access of such link. It is our advice that you read the privacy policy of such website to know the kind of personal information that may be collected.
