SendGlobal International Money Transfer Service—TERMS & CONDITIONS
Please read these terms and conditions and your Island Savings, a division of First West Credit Union (“FWCU”) Member and account agreements including your accountabilities in using third party services offered to you via FWCU, as they include further rights, responsibilities, and limitations for you as a FWCU Member. The SendGlobal service is an international money transfer service (“SendGlobal”) provided by Xpress Money Services (Canada) Limited (“XM”) and a mobile app interface provided by FWCU with other third-party providers (“TPP”). By using SendGlobal, you accept the terms and conditions (“T&C”) set out herein. If you do not accept the T&Cs, you cannot SendGlobal.
SendGlobal enables you to send funds conveniently by way of a mobile app (“App”), to third parties (“Recipient”), subject to these T&Cs ("Money Transfer"). The principal amount of your Money Transfer and all applicable fees must be paid for from available funds in your FWCU account. Only your FWCU debit card can be used to access SendGlobal, and pay for any fees including currency exchange, and the amount to be sent to the Recipient. FWCU must approve and enable your use of SendGlobal, such approval may be withheld by FWCU for any reason, acting reasonably. You must set up a validated account on the App before FWCU will approve your use of SendGlobal. The requisite funds, including fees, must be available through your FWCU debit card for a SendGlobal transaction to be enabled. Your FWCU may limit or stop your access or change SendGlobal at any time, with no notice. Maximum funds available to be sent via SendGlobal are based on the point of sale (“POS”) limits set on your Member debit card and the available funds in your account (including any overdraft allowances).
CHANGES TO THIS AGREEMENT
The T&Cs are effective as of the date of your acceptance of the T&Cs on the App.
FWCU may change the T&Cs at any time, with no notice. By accepting the T&Cs and using SendGlobal, you agree to be bound by the changes to the T&Cs. Please review the T&Cs carefully every time you use SendGlobal.
- By using SendGlobal to request a Money Transfer, you acknowledge and agree that you are also authorizing your FWCU to debit an amount equal to the principal amount of the Money Transfer plus applicable fees from your Account. Transfer Fees and the principal amount are due and payable before FWCU processes your Money Transfer and will be deducted from the available funds in your Account immediately. If there are insufficient funds in your Account, your Money Transfer will not be processed, and funds will not be transmitted to the Recipient. You agree not to request Money Transfers that exceed your POS transfer limits or the balance of your Account (including any overdraft allowances).
- If your debit card has been reissued and the number and expiry date have changed, you must update this information on the App to use SendGlobal.
- Your use of SendGlobal and the App must comply with all applicable laws, regulations, treaties, rules, codes, bylaws, and standards (“Laws”).
You will not:
- modify, duplicate or reverse-engineer any aspect of SendGlobal or the App;
- in whole or in part, sublicense, modify, rent, loan, or create derivative works of SendGlobal or the App.
- translate, reverse engineer, decompile, recompile or update all or any part of SendGlobal or the App or merge SendGlobal or the App or part of either into any other service or application other than is expressly permitted by FWCU and the applicable TPP;
- interfere with or disrupt the integrity or performance of SendGlobal, access SendGlobal using "bots" or "spiders", or attempt to gain unauthorized access to SendGlobal or its related systems or networks, access SendGlobal and the App in order to build a competitive commercial product or service or to build a product or service using the same or similar ideas, features, functions or graphics as SendGlobal or the App, or use SendGlobal or the App in any manner that violates any Laws;
- use SendGlobal or the App for a purpose or in a manner not permitted by these T&Cs, including, without limitation, infringement of any FWCU, XM or TPP Intellectual Property Rights. “Intellectual Property Rights” are defined as any right that is or may be granted or recognized under any legislation of Canada, any foreign country, or any political subdivision of any country, regarding patents, copyrights, neighbouring rights, moral rights, trademarks, trade names, service marks, domain names, industrial designs, mask work, integrated circuit topography, and any other statutory provision or common or civil law principle regarding intellectual property including trade secrets, or which may provide a right in either ideas, formulae, algorithms, concepts, inventions or know-how generally, or the expression or use of such ideas, formulae, algorithms, concepts, inventions or know-how, whether registered or unregistered, and including rights in any and all applications, registrations, licenses, sub-licenses, franchises, agreements or any other evidence of a right in any of the foregoing;
- You must use commercially reasonable efforts to protect the Intellectual Property Rights of FWCU, XM or TPP, including but not limited to any contractual, statutory and common law rights for as long as you use SendGlobal and the App. Further, you must comply with all reasonable requests made by FWCU, XM or TPP in relation to the protection of its Intellectual Property Rights hereunder;
- If you become aware of any unauthorized decompilation or infringement of SendGlobal or the App or any component thereof by any third party, you must immediately alert FWCU of such activity and, if you are aware of the identify of such third party, you must provide the identity of such third party to Customer. You will provide FWCU, XM, and TPP with all reasonable assistance required by FWCU, XM, and TPP to assert their rights against such third party and to the proceeds of such unauthorized activity; and
- You will immediately notify FWCU of any material breach of the T&Cs, or breach of security safeguards of SendGlobal or the App.
FWCU may use service(s) of intermediary banks, financial institutions, and other money service businesses in any country to execute the Money Transfer.
FWCU is not liable to you for declining to authorize any transaction, for any reason.
Money Transfers will typically be made in the currency of the destination country. In some countries, XM offers payment in multicurrency, subject to the country regulations and availability of such currencies. You must select the payment currency at the time of sending money. All currency is converted at XM’s rate of exchange at the time of transfer and the Recipient will receive the foreign currency amount shown on the XM receipt. XM’s exchange rate may be less favorable than some publicly reported commercial exchange rates used by banks and other financial institutions. Any difference in the currency exchange rate received by XM will be retained by XM (or its agents) in addition to the Transfer Fee, and you acknowledge this possibility and waive any claim on FWCU, XM or TPP relating to the same.
In multicurrency payout countries, the Recipient may be offered the choice to receive funds in a currency different from the one you opted. In such instances XM (or its agents) may incur additional profit when your funds are converted into the currency selected by the Recipient. You hereby waive any claim on FWCU, XM or TPP relating to such additional profit.
FWCU may, at its sole discretion, refuse any transaction or set a limit to the amount to be transferred, which may be subject to change. FWCU may also refuse to send money or allow money to be paid if FWCU believes that by doing so it may break any Laws, or other duty or responsibility that applies to FWCU; (2) FWCU may be exposed to legal action from any government, regulator or any other third party; or (3) such Money Transfer may be linked with fraudulent or illegal activity. Unless otherwise prohibited by law, FWCU may, at its our sole discretion, inform you of the reasons for refusal and how you can rectify any errors, if possible. FWCU accepts no responsibility or liability arising from any SendGlobal transaction.
FWCU is not obligated to initiate a Money Transfer if: (a) FWCU is unable to obtain satisfactory evidence of your identity or the Recipient’s identity; (b) FWCU has reason to believe that the details provided by you or the Recipient are incorrect, fraudulent, or forged; (c) FWCU fails to obtain payment (for example, the transfer amount plus applicable fees) for the Money Transfer; or (d) the initiation of the Money Transfer as requested would result in non-compliance with any Laws. FWCU does not accept any liability for damages resulting from non-payment or delay in payment of a Money Transfer to a Recipient or failure to perform a Money Transfer in any of the instances set out in this paragraph.
Where the Recipient is receiving the Money transfer in cash, the Recipient will have to produce a reference number and identification documents to collect the Money Transfer. Do not disclose the reference number, or any other information regarding the Money Transfer to any person other than the Recipient. FWCU is not be liable for loss caused to you or the Recipient due to relating to incorrect payments made as a result of disclosure of a reference number or any other details to a third party.
Money Transfers will be transferred by FWCU to the Recipient’s bank account specified by you. Typically, the financial institution holding the Recipient’s account will receive the Money Transfer within twenty-four (24) to forty-eight (48) hours (excluding public holidays) from the time the Money Transfer is processed by FWCU. Banking practices, however, vary from country to country. For more information regarding when payment will be credited, you are advised to contact the applicable financial institution. The Recipient’s financial institution may apply its own charges and fees to the Money Transfer. FWCU is not liable for any third party fees or charges.
TRANSACTION CANCELLATIONS AND REFUNDS
Details of your Money Transfers will be available on the App under the “History” tab. The debit to your Account will only appear on a statement issued by FWCU.
You must inform FWCU immediately if you think that a Money Transfer was made improperly, in error (an “Unauthorized Transaction”), or was not received by the Recipient.
If FWCU fails to complete your Money Transfer within thirty (30) days, you will be entitled to a refund of the Money Transfer, unless FWCU can demonstrate that: the payout location received the funds; there was a mistake in the Recipient’s details you provided; or the Recipient failed to produce the necessary details or documents for collecting the Money Transfer amount.
If the Money Transfer is determined by FWCU to be an Unauthorized Transaction, you will be entitled to a refund of the Money Transfer.
In no event will FWCU be liable for damages for delay, non-delivery, non-payment, under-payment, or without limitation, any other event relating to your transaction, whether due to our fault, error or omission, for more than the Money Transfer value and the Transfer Fees.
Money Transfers that are not collected or are cancelled by you within six (60) days of the transaction date will expire and the Money Transfer will be refunded to your Account.
You do not have the right to cancel a Money Transfer once it is processed. However, upon your request and at FWCU’s our sole discretion, FWCU may cancel the Money Transfer before it is paid to the Recipient and refund the Money Transfer at the exchange rate in effect at the time the Money Transfer was placed. Such cancellation requests must be made through the App.
All cancellation requests will be subject to the rules governing cancellations of the intermediary banks, financial service institutions, or other money service businesses that process the payout to the Recipient.
In no event will any refunds for Money Transfers include a refund of any of the applicable fees or charges, including but not limited to the Transfer Fee, or any third party fees or charges.
You will be charged a Money Transfer service fee (“Transfer Fee”) as displayed in the App for each Money Transfer you make. Transfer Fees to each location and for each currency may vary and, from time to time, will change. You will be notified of the Transfer Fees prior to sending each Money Transfer. Intermediary charges, correspondent charges, collection charges and taxes as applicable in some countries may be deducted from the Money Transfer before release to the Recipient.
When you enter your Money Transfer details in the App, a quotation will be presented to you which comprises the fees and charges FWCU will charge and you will pay, for the Money Transfer. You approve the quotation by agreeing to proceed with the Money Transfer.
While FWCU is confident in the security levels of its systems, information sent over the Internet may not be completely secure and the Internet and related online systems may not function at all times. Accordingly and to the extent permitted by law, FWCU, XM and TPP are not responsible for any loss or damages you may incur if a third party obtains access to your confidential information transmitted over the Internet, or if you are temporarily unable to access your balance information on the FWCU mobile application.
If you notice any error or omission relating to the SendGlobal transactions on your Account, you must immediately notify FWCU through FWCU’s Member Advice Centre. FWCU may request that you provide additional written information concerning any error or omission. If you do not notify FWCU within thirty (30) days of the Money Transfer transaction date of any error or omission relating to the transaction, the record of the Money Transfer transaction will be conclusively deemed to be correct.
LIABILITY AND LEGAL
These T&Cs will be governed by and construed in accordance with the laws of the Province of British Columbia, and the laws of Canada applicable in British Columbia, which will be deemed to be the proper law of these T&Cs, without regard to its conflicts of law principles. Any dispute arising from, connected with or relating to these T&Cs or any related matters must be resolved before the Courts of British Columbia sitting in the City of Vancouver, and the parties hereby irrevocably submit to the original and exclusive jurisdiction of those Courts in respect of any such dispute or matter. This Section will not be construed to limit FWCU’s access to injunction or other equitable or mandatory injunctive relief in any other jurisdiction or affect the rights of FWCU to enforce a judgment or award outside of the Province of British Columbia, including the right to record and enforce a judgment or award in any other jurisdiction.
If any provision herein will be deemed or declared unenforceable, invalid or void by a court of competent jurisdiction, the same will not impair any of the other provisions contained herein which will be enforced in accordance with their terms.
FWCU, XM and TPP are not be liable for any claims whatsoever, including without limitation, claims for personal injury, death, damage to property or economic loss, howsoever caused, arising from the use of SendGlobal, the App, any negligence on our part, breach of contract or any other tort or cause of action at common law, in equity or by statute. FWCU, XM, and TPP are not be liable under any circumstances for any indirect, special or consequential damages. Except as otherwise set out in these T&Cs, FWCU, XM and TPP’s liability pursuant to these T&Cs, the SendGlobal services, and the App is limited to $500 or the value of the Money Transfer, whichever is lower.
Money Transfers are subject to laws related to monetary transactions in Canada and in the destination countries and may be blocked or frozen in case it is found to be suspicious. You and the Recipient will be fully responsible for providing necessary evidence or clarification to prove legality of entities or funds. FWCU will report money transfers to government authorities if the law requires us to do so.
Applicable laws prohibit money transmitters from conducting business with certain individuals, entities and countries. To comply with these requirements, FWCU screens Recipients of all Money Transfers against a list of names provided by various governmental and non-governmental monitoring agencies. If a potential match is identified, FWCU may suspend the Money Transfer or request additional identification or information regarding you or the Recipient, or refer the matter to the applicable law enforcement agency as it deems necessary.
FWCU will not be liable if FWCU fails to perform your instructions or break this agreement because of abnormal and unforeseeable circumstances outside our reasonable control, which may include, for example, Act of God, strikes, industrial action, problems with another system or network, mechanical breakdown, equipment failure, data processing failures, government or government agency policy or other Force Majeure events.
In the event that FWCU is delayed or hindered or prevented from performing any of its obligations as a result of events beyond its reasonable control, including without limitation, strike, lock-out, labour trouble, shortage of materials, failure of power, riots, insurrection, war, act of God, then performance of such obligations will be excused for the period of all such delays and the period for the performance of any such obligations will be extended for a period equivalent to the period of all such delays provided that the party delayed in the performance of its obligations will use commercially reasonable efforts to minimize or avoid the delay. In no circumstances will FWCU indemnify you for any losses or damages which arise to you as a result of any force majeure event.
You agree to indemnify and hold FWCU, XM, and TPP, and their respective affiliates, subsidiaries, officers, agents, directors, employees and other partners, harmless from any claim or demand, including reasonable legal fees, made by any party arising out of your acts or omissions, breach of any Laws, your use of, or connection to SendGlobal or the App; your violation of any terms in these T&Cs, or your violation of any third party rights, including Intellectual Property Rights.
Nothing contained in this agreement is intended to confer nor will confer upon any person, other than the parties hereto, any rights to enforce any term of agreement, these T&Cs or any benefits or remedies of any kind or character whatsoever.
No failure or delay by FWCU to exercise any right, power or privilege provided under these T&Cs or by applicable law will operate as a waiver. No single or partial exercise of any such right, power, or privilege will preclude any other or future exercise of any other right, power or privilege. The remedies provided under these T&Cs are cumulative and are not exclusive of any rights or remedies provided by law.
When you choose to provide FWCU with your Personal Information, you consent to the use of your Personal Information as identified in these T&Cs, and as may be further identified at the time of collection. You may withdraw your consent to FWCU’s collection, use and disclosure of Personal Information at any time by submitting an opt-out request to FWCU’s Member Contact Centre. Note that if you withdraw your consent to certain uses of your Personal Information, FWCU may no longer be able to provide SendGlobal services.
FWCU will keep your Personal Information only as long as FWCU needs it for legitimate business purposes and to meet any legal requirements.
ISSUES, CONCERNS, AND INQUIRIES
All SendGlobal and App related inquiries should be directed to FWCU’s Member Advice Centre.