TERMS OF SERVICE
1. Definitions in this Agreement
- The words "you" and "your" refer to the person who uses the Platform and Services.
- The words "Waverlite", "we" and "us" and "our" refer to Redbiller Technologies Inc, Canada, a licensed money service business, which provides the Service under the trade name Waverlite through Redbiller Technologies Inc, Ontario Canada. Waverlite is also the name of the Platform.
- The word "Platform" or "app" means the technology made available by Waverlite to you on your mobile phone or other electronic device by which you may access and use the Service.
- The word "Beneficiary" means the person to whom you send money.
- The word "E-Wallet" means the stored value account into which your Remittance may be paid to your Beneficiary, generally accessible on your Beneficiary's mobile phone.
- The word "Payment Account" means the debit or prepaid card account or bank account (or such other source of funds that Waverlite agrees to accept from time to time for use hereunder and that you authorize Waverlite to charge) that you provide to Waverlite for Waverlite to charge for payment for your use of the Platform. The Payment Account must be issued or held in your name at a depository institution in your country.
- The word "Remittance" means the transfer of funds that you request and authorize Waverlite to process through the Platform for payment to your Beneficiary.
- The word "Service" means the transfer of funds from you to your Beneficiary through the Platform, and activities related to that transfer.
2. Scope of Agreement
2.1 This Agreement applies only to the Remittances that you request through the Platform.
3. Registration Information
3.1 In order to use the Waverlite Remittance Facility Platform, you must be at least 18 years old, be a resident of Canada, the US, the UK and Eurozone, or another origination country approved by Waverlite, have a Payment Account in your name in the approved origination country, and be registered with Waverlite.
In order to register, you must register on the Platform and provide Waverlite with information about yourself, such as your name, address, date of birth, telephone number, email address, and other information or documentation that will allow us to verify your identify. The home address that you provide when registering must be the same as the billing address for your debit card or prepaid card.
You agree to provide complete and accurate information and/or documentation in connection with the registration process and you further agree to update this information as may be reasonable or necessary to keep it complete and accurate at all times.
3.2 Your use of the Platform is subject to our ability to verify your identity. You authorize Waverlite to obtain information about you from third parties (including financial institutions and credit reporting agencies), although Waverlite has no obligation to do so. If you do not provide accurate and complete information during registration or when requesting a Remittance, we have the right to prohibit you from using the Service or the Platform or to stop your requested Remittance. Inaccurate and/or incomplete information provided by you during registration or when requesting a Remittance may cause errors in your requested Remittance, or may delay or restrict your access to the Platform or the Service.
3.3 Each time you access the Waverlite Remittance Facility Platform, you shall be deemed to have confirmed the accuracy and completeness of all of your registration information.
3.4 Your registration is personal to you. You should not allow your registration details to be used by anyone else. Registration with Waverlite allows your Payment Account to be accessed through the Platform. If you lose your phone or believe your access to the Platform has been compromised, you should contact Waverlite immediately at support@waverlite.email to change your password or disable your access to the Platform.
4. Description of the Service
4.1 You may use the Platform only to send a Remittance to a Beneficiary located in a country where Waverlite provides payment service, as designated on the Platform from time to time. Waverlite and Waverlite-designated service providers will process the remittance and make funds available for receipt by the Beneficiary as described below.
4.2 Your use of the Platform or the Service does not constitute or create a partnership, fiduciary or escrow capacity between you and Waverlite. Waverlite provides a remittance service only; the funds that you direct Waverlite to pay to your Beneficiary are not held by Waverlite as a deposit or in escrow, and Waverlite is not holding or processing your Remittance as a fiduciary. Waverlite's only obligation is to pay your Remittance to your Beneficiary or to return the principal amount of the Remittance to you.
4.3 The Service is generally available 24 hours a day, 365 days a year, although there may be times when the Service is unavailable to you or to your Beneficiary. Periods of unavailability may be caused by Waverlite's own acts (such as temporary periods when the Service is taken off-line to make upgrades or improvements), or by events beyond Waverlite's control, such as power outages, telecommunications failures, war or civil unrest, natural disasters or other acts of God. Waverlite may from time to time set limits on the value of Remittances you may send (both individually and over a period of time), as well as the value of Remittances any Beneficiary may receive. Waverlite may delay payment of your Remittance to allow Waverlite to determine that your Remittance complies with applicable law, regulation or Waverlite policies.
Waverlite has the right, without notice to you, to refuse to accept or pay any Remittance that Waverlite determines in our sole discretion may violate applicable law, regulation or our policies, including laws, regulations, and policies intended to help detect and prevent money-laundering, terrorist financing, fraud, and other abuses of financial services; if we accept a Remittance and then determine that it may violate any such law, regulation or policy, we may hold the Remittance until such time that the matter is resolved.
5. Authority to Charge Payment Account; Fees and Expenses
5.1 In order to use the Service, you must use the Platform to direct Waverlite to withdraw the principal value of the Remittance from your Payment Account, plus any applicable fees and charges; by requesting a Remittance, you authorize Waverlite to charge your Payment Account for the principal amount of the requested Remittance and applicable fees and charges, if any. You acknowledge that Waverlite has no obligation to process or complete a requested Remittance if Waverlite is unable for any reason to obtain authorization or settlement of the funds from your Payment Account for the principal amount of the requested Remittance and all applicable fees and charges.
5.2 Waverlite will disclose its fees and charges for providing the Service to you before you initiate a Remittance. Waverlite's fees and charges may change from time to time, and may depend, among other factors, on the principal amount of your Remittance, your type of Payment Account, your location, and the location of your Beneficiary.
In addition to the fees and charges, Waverlite will also show you the foreign exchange rate (that is, the rate at which your funds will be converted into the currency to be paid to your Beneficiary) applicable to your Remittance before you send it. Waverlites foreign exchange rates change from time to time. In addition to the fees and charges you pay when sending a Remittance, Waverlite makes money when we convert the currency you send into the currency we pay to your Beneficiary.
5.3 If the charge to your Payment Account is returned, charged-back or canceled for any reason after Waverlite has processed your Remittance request, you will be responsible to Waverlite for the principal amount of the Remittance and all associated fees and charges. You agree to pay such amounts, plus any applicable additional service fee and/or a non-sufficient funds (NSF) fee of $10 USD as a result of the return to Waverlite immediately upon demand. You authorize us to debit your Payment Account for the amount of any of the foregoing amounts. You may be subject to fees (including a cash advance fee) under your agreement with the bank or other financial institution that issues your debit card when you use such a card for a Remittance. You should review your card agreement regarding such potential fees.
5.4 Although Waverlite will pay the full principal amount of your Transaction to your Beneficiary in the currency Waverlite specifies to you when you initiate your Remittance, your Beneficiary may incur costs, fees or charges from his or her bank, mobile phone company, E-Wallet issuer or other party to maintain or withdraw the funds. Furthermore, your Beneficiary's ability to use or withdraw the funds you send may be limited by the terms of your Beneficiary's E-Wallet issuer.
6. Reliance by Waverlite
Use care when inputting information about your Beneficiary; spell your Beneficiary's name correctly and provide it in full, and verify that you have provided us with the Beneficiary's correct phone number, email address and or account number. You represent and warrant to us that all information you enter into the Platform or otherwise provide to Waverlite is true and complete, including information about you, your Payment Account, and your Beneficiary. When processing a Remittance Payment, Waverlite may rely on the registration information and Remittance information that you provide, including information about your Beneficiary. You acknowledge that any errors in the information you provide, including misidentification of Beneficiary(s), incorrect or inconsistent account names and numbers, or misspellings, are your responsibility.
7. Execution of a Remittance
The Waverlite Remittance Facility Platform is generally available 24 hours a day, 7 days a week, 365 days a year. Generally, your Beneficiary is paid instantly through the Waverlite service Platform; accordingly, once you originate a Remittance, you may be unable to stop or change it. If ever there is a situation where your transaction is not delivered instantly to the Beneficiary, we will contact you and keep you informed about the delay.
In the event that any of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full effect. JOCHEBED's failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
8. Payment of Funds to Beneficiary
8.1 Waverlite and/or Waverlite designated service providers will arrange for the payment of the Remittance to your Beneficiary. Waverlite reserves the right to select the form of payment to the Beneficiary. Waverlite and/or Waverlite designated service providers will use reasonable efforts to provide payment in a form requested, but the Platform is not obligated to provide payment options for a specific Payment. Depending on the situation and the availability of various payment options, payment may be made by means of a credit to a mobile wallet, currency (cash), by check, by stored value card, credit to a bank account or credit card account, or by some other payment instrument. Not all payment methods are available in all countries, and Waverlite reserves the right to change payment method options. If a Beneficiary cannot be located and identified, the Remittance Payment funds may be returned to you either by a credit to your Payment Account or by check, at Waverlite's option.
8.2 Waverlite reserves the right to establish identification and verification requirements for a Beneficiary to receive a Remittance. Waverlite may rely, without further investigation, upon identification information or documentation provided by you or a Beneficiary, including any code or identifier number of the Remittance, when paying the Beneficiary. Waverlite has the right to decline to pay the Beneficiary if Waverlite cannot verify the identity of the Beneficiary or if Waverlite believes that you or your Beneficiary may be in violation of this Agreement or any applicable law, regulation or Waverlite policy. Although Waverlite has the right to establish identification and verification requirements, and the Beneficiary's failure to comply with them is a basis to decline payment of the Remittance, Waverlite has no obligation to establish any such requirements.
9. Foreign Exchange
9.1 Payments to Beneficiaries are generally made in the currency of the Beneficiary's country.
9.2 If a currency conversion is required, Waverlite and/or Waverlite-designated service providers will convert the currency in which you initiate your Remittance into the local currency at the Waverlite exchange rate for your Remittance in effect at the time you initiate your Remittance. Waverlite will disclose the exchange rate to you before you authorize the Remittance. Waverlite's exchange rates vary from time to time, and may also differ depending on the principal value of your Remittance and other factors. In addition to the fees and charges applicable to your Remittance, Waverlite makes money when your currency is converted into the currency in which your Remittance is paid.
10. Permissible Remittance Payments
The Platform is not intended for use by any person in any jurisdiction or country where such use would be contrary to law or regulation. Specifically and without limitation, you may not use the Service for any Remittance
- induced by or involving the proceeds of crime, fraud or other improper activity;
- exceeding Waverlite's transaction limits (whether in amount, frequency or otherwise);
- sent for the purpose of gambling, including placing bets or paying winnings;
- intended to be used as an escrow or similar capacity for delayed payment;
- which Waverlite determines is suspicious or may violate applicable law or regulation, including laws intended to detect and prevent money- laundering, terrorist financing, human trafficking, fraud, or to enforce currency or exchange rate controls.
You agree that you will only request a Remittance that complies with this Agreement, applicable origination country laws and applicable laws in the country of the Beneficiary. You may only use the Platform to send Remittances on your own behalf. You may not resell the Platform or use the Platform to make Remittances on behalf of, or as agent for, another person.
You will provide information and/or documentation that Waverlite may request from time to time in order for Waverlite to comply with any applicable laws, including anti-money laundering laws. Waverlite may refuse payment of any Remittance which Waverlite determines in its sole discretion does not comply with applicable law, Waverlite policy, or the terms of this Agreement.
11. Rejection of Remittance Payment Request
11.1 We reserve the right to reject your request for a Remittance, or to decline to complete a request for a Remittance, or to impose a value or frequency limitation on your use of the Service, without cause or prior notice to you. Without limiting the foregoing, we may suspend, delay or reject your Remittance Payment request if:
- The value of one or more of your Remittance requests exceed any limits established by us;
- We are unable to charge your Payment Account for the principal amount of the Remittance and related fees and charges;
- Your Remittance request is incomplete or unclear;
- Waverlite is unable to confirm your identity or verify any registration or Beneficiary information, including the identity of the Beneficiary;
- We suspects fraud or irregularity or illegality;
- Your name or the name of your Beneficiary is a possible match to a name on one or more applicable 'watch lists' maintained by governments, inter-governmental groups or Waverlite to help detect and prevent illegal activity;
- Waverlite and/or Waverlite-designated service providers are unable to fulfill your request for any reason.
11.2 If your request for a Remittance is declined for any reason, Waverlite will notify you by an SMS / text message or electronic mail, or by any other reasonable means of notice.
11.3 Generally, if your request for a Remittance is declined or rejected, Waverlite will return the principal amount of your Remittance to your Payment Account, if it has already been withdrawn; there may be circumstances, however, where the law requires Waverlite to hold your Remittance or to pay it to another party (including a government agency). If that happens, Waverlite will inform you, if we are permitted to do so by applicable law.
12. Limitation of Liability
Waverlite is not responsible for any delay, failure to execute, or an error in the execution of your Remittance request due to circumstances beyond Waverlite's reasonable control, whether caused by strikes, power failures, equipment malfunctions, war, riots, governmental or court orders, work stoppages or similar occurrences or circumstances, or incorrect or incomplete information provided by you. You further agree that Waverlite may refuse to process or delay processing any request if it would violate any guideline, rule, policy or regulation of any government authority or funds transfer system.
Under no circumstances will Waverlite be liable for damages, whether caused by the negligence of Waverlite's employees, contractors, agents or others, beyond the sum of ONE THOUSAND CANADIAN DOLLARS (1,000.00 CAD), in addition to refunding the principal amount of the Remittance and any fees and costs you may have paid to Waverlite to send it, unless you have contacted Waverlite before you send your Remittance and have obtained our written agreement to a higher limit on liability. If we agree to a higher limit on liability, we may charge you for it.
Under no circumstances will Waverlite be liable for any incidental, indirect, special, punitive or consequential damages or the like. THE PLATFORM AND SERVICE ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. WAVERLITE MAKES NO WARRANTIES, EXPRESS OR IMPLIED WITH RESPECT TO THE PLATFORM OR THE SERVICE. WAVERLITE DOES NOT WARRANT THE FUNCTIONALITY OF THE PLATFORM OR THE ACCURACY, ADEQUACY OR COMPLETENESS OF ANY INFORMATION RELATED THERETO AND EXPRESSLY DISCLAIMS LIABILITY FOR NON- FUNCTIONALITY OF THE PLATFORM AND THE SERVICE, OR ERRORS OR OMISSIONS IN ANY INFORMATION. NO WARRANTY OF ANY KIND, IMPLIED, EXPRESSED OR STATUTORY INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NONINFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND FREEDOM FROM COMPUTER VIRUS, IS GIVEN IN CONJUNCTION WITH THE PLATFORM OR THE SERVICE.
13. Error Resolution and Cancellation Policy
For error resolution, transaction cancellation, questions, complaints or a written explanation of your rights, contact us at support@waverlite.email. Because Waverlite pays Remittances to Beneficiaries immediately, your Remittance is typically not cancellable or refundable. If you believe that you sent a Remittance in error, you must contact us within thirty (30) minutes after you initiated it at support@waverlite.email, and we will attempt to recall it.
If your Remittance has not yet been credited to your Beneficiary's account, we will refund it to you (including all fees, if any) within three (5) business days. However, if the Remittance has already been credited to your Beneficiary's account we will be unable to cancel it. If you notify us that the account number, telephone number, Beneficiary name or other information that you provided to us when you initiated your Remittance was incorrect, we will promptly use reasonable efforts to recover the amount of your Remittance, but we may be unable to do so if your Remittance has already been paid or credited in accordance with the information you provided.
You have a right to dispute errors in your transaction. There is no charge for this service. If you think there is an error, contact us at support@waverlite.email within 180 days after you sent your Remittance, and provide your name, contact information, the Beneficiary's name, the date of your transfer, as well as the reason you believe there has been an error.
We will investigate and determine whether an error occurred, and we will complete the investigation within 10 weeks (56 days). We will inform you of the results of the investigation within three (5) business days after the investigation is completed. You may request copies of any documents we used in our investigation.
If Waverlite was at fault, we will refund the total amount you paid, including fees, if any, within one business day, or as soon as reasonably practicable.
Waverlite will pay all refunds (whether resulting from a canceled or disputed Remittance) either by a credit to your Payment Account or by check payment, at Waverlite's option. Alternatively, you can choose to have Waverlite process the Remittance again for no additional charge.
However, if Waverlite has not charged your Payment Account, but an authorization hold for the amount to be charged by Waverlite has been placed on the funds at your bank, Waverlite will cancel the transaction and request that the authorization hold at your bank is released. This process can take several days; that timing depends on the relationship between your bank and our payment processor, over which we have no control. Except for our obligation to investigate and refund described above, Waverlite is not liable to you for any loss resulting from Waverlite's inability to cancel or refund a Remittance.
14. Indemnity
In consideration of our agreement to provide you with the Platform and Service, you agree to indemnify and hold Waverlite harmless from and against any and all claims, suits, judgments, executions, liabilities, losses, damages, costs, and expenses - including reasonable attorney's fees - in connection with or arising out of (i) your use of the Platform or the Service, (ii) your breach of this Agreement, or (iii) Waverlite acting upon your request for a Remittance.
Without limiting the generality of the foregoing indemnification obligation, you shall indemnify Waverlite for any losses caused due to any inaccurate, non-current or incomplete information that you provided to Waverlite and for any losses due to your failure to maintain the secrecy and confidentiality of all your IDs, passwords, or due to any unauthorized use of your ID and/or password.
15. Arbitration of Disputes
For Remittances originated in Canada, all disputes will be resolved by arbitration at Canadian Arbitration Association pursuant to the general Canadian Arbitration Association Rules for Arbitration. Any Party may serve notice of its desire to refer a dispute to arbitration. The arbitration shall be held in the most populous city in the province where the Remittance was sent. The arbitration shall proceed in accordance with the provisions of the applicable provincial Arbitration Act. Where allowed neither party shall have the right to participate in any class of claimants pertaining to any claim and Third parties' claims shall not be joined in any arbitration between Waverlite and you. The decision arrived at by the arbitrator(s) shall be final and binding and no appeal shall lie therefrom. Judgement upon the award rendered by the arbitrator may be entered in any court having jurisdiction. Each party will pay for its own attorneys, experts and witnesses. The costs of the arbitrator(s) shall be divided equally between the parties.
16. Electronic Communications
In order to use the Platform, you consent to receive and accept this Agreement, any amendment to this Agreement, and all notices relating to the Platform and Service by means of electronic (SMS-text message or email) communications. If any change to this Agreement requires prior notice to you, Waverlite will notify you by SMS-text message or email, at the telephone number or email address that you provided when registering for the Platform, or Waverlite will provide you with a link in such SMS-text message or email to where you may view the revised or amended Agreement.
We will make available to you a record of each of your Remittances electronically on the Platform. In order to use the Platform, you must have a Android device or iPhone or any other device approved by Waverlite.
You agree that if you remove your consent to receive electronic communications, Waverlite will terminate your use of the Platform and Service.
17. General Terms
This Agreement, along with all the material incorporated into it by reference, constitutes the entire understanding between you and Waverlite concerning the Platform and the Service. It supersedes all prior agreements, and may not be modified orally. Waverlite may modify, supplement, alter and amend this Agreement at any time, and you will be deemed to have agreed to any such changes if you continue to use the Platform after you have been notified of any such changes. We may assign this Agreement or delegate our obligations under it, in whole or in part, without notice to you and without your consent. If any portion of this Agreement is determined to be invalid, the remaining provisions will nevertheless be enforceable.
18. Governing Law
If you are sending money from Canada, this service is provided by Redbiller Technologies Inc, Ontario Canada and is subject to the laws of Canada, without regard to its 'conflicts of laws' rules which might require the Platform of the law of another jurisdiction. You may have additional rights under your provincial law. If you are sending money from a different country, you may have other rights under the laws of that country.
19. Privacy Policy
The Privacy Policy describes the way Redbiller Technologies Inc is doing business through our Platform, Waverlite, and its affiliates (collectively, "Waverlite" or "us") obtains, uses, stores, manages and disposes of certain information that you, as a user of our services, provide to us. You have certain rights to know what information we collect, how we use it, and how you may obtain and correct it. You consent that you have read and agree with the Privacy Policy. Waverlite's privacy policy may change in the future. If that happens, the revised version will be posted on our website and will be sent to current users via the email addresses associated with their Waverlite account registrations.
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