These Terms and Conditions govern the terms under which you may access and use this Website (“https://directsend.ca”) and the services (“Services”) associated with it. By accessing, registering with and using the Service, you agree to be bound by these terms. If you do not wish to be bound by these Terms and Conditions do not access, register with or use the Service. The language of these Terms and Conditions is English and all Services, instructions and transactions carried out in connection with it shall be in English.
‘Services’, by definition for this agreement includes any access to DirectSend application(s) available via mobile and smart phones, internet/web access, using a PC, , tablets, or any other technology that allows you to access the Service, which exists now or in the future.
In these Terms and Conditions, the terms “DirectSend”, “we”, “us”, and “our” refer to Xpresschoice Services Ltd., together with its employees, directors, affiliates, successors, and assigns. Xpresschoice Services Ltd. is a registered company with the registration number 2019015177 in Canada, with its registered office at 145 Viewpointe Terrace, Chestermere – Alberta, T1X 0R1. It is authorized and regulated by the Financial Transactions and Reports Analysis Centre of Canada (FINTRAC) for the provision of money services business. FINTRAC Registration number: M15895051.
The terms, “you” and “your” refer to users of the Service, whether in their capacity as Senders (who send remittances), Recipients/Beneficiaries (who receive remittances) or visitors to this website or App.
The Terms and Conditions may change from time to time, but changes will only be effective from the date they are made and will not change the terms on which you previously used the Service.
The Service was created to allow customers send money to family, friends and relations, and to receive money from family, friends and relations in countries where we offer our services.
DirectSend (“https://directsend.ca”) Money Transfer customer (the “Sender/remitter”) may send a Money Transfer to a designated receiver (the “Recipient/Beneficiary”) anywhere in the world where DirectSend (“https://directsend.ca”) offers its services through the DirectSend Mobile App and over the Internet (the “Service”) using Visa and MasterCard Debit or any other electronic payment method (“Payment Method”). Money Transfers will be paid instantly to the beneficiary’s mobile money wallet, where this service is available or bank account where this service is available.
In certain cases, money transfer transactions that exceeds a principal amount threshold, and/or transfers to certain destinations may take longer or be subject to additional restrictions or outright cancellation. DirectSend 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 national, provincial law(s) or DirectSend (“https://directsend.ca”) policy. Please contact DirectSend (“https://directsend.ca”) at the Customer Service telephone number or e-mail address listed below for current information regarding the conditions applicable to the service you have selected. When required by applicable law, Money Transfers sent or received in North America will be reported to federal, provincial, local and/or foreign authorities. You will be required to provide DirectSend (“https://directsend.ca”) with certain information to allow us, among other things: verify your identity; receive appropriate Payment Method authorization; and/or complete the transaction. Please refer to DirectSend (“https://directsend.ca”)’s Online Privacy Statement for information concerning DirectSend (“https://directsend.ca”)’s use of this and other personal information.
In this Terms and Conditions:
1. “Destination Country” means the country in which the Recipient receives money through the Service.
2. “Local Taxes” means any taxes or charges payable in the Destination Country.
3. “Payment Instrument” means a valid instrument of payment such as a debit card or bank account.
4. “Payout Amount” means the amount paid out to the Recipient, after any foreign exchange conversion and excluding Local Taxes.
5. “Recipient” means the person who receives money through the Service.
6. “Sender” means the person who uses the Service to send money.
7. “Service Provider” means a local bank, money exchange house, or other third party service providers in the Destination Country with whom DirectSend works in providing the Service.
8. “Transaction” means specific remittance payment instruction received by DirectSend to send money through the Service.
9. “Transaction Amount” means the principal amount that the Sender intends the beneficiary to receive, prior to any foreign exchange conversion.
10. “Foreign Exchange Conversion” means the conversion of Canadian Dollar or other currency in which a Transaction is originated into the local currency in which the Recipient/Beneficiary will receive the Transaction Amount.
1. DirectSend agrees to provide the Service to you using reasonable care. The Service may not be available in whole or in part in certain regions, countries, or jurisdictions.
2. DirectSend reserves the right to modify or discontinue the service or any part of the Service without notice, at any time and from time to time. We may, in our absolute discretion, refuse any Transaction or limit the amount to be transferred, either on a per transaction basis or on an aggregate basis, and either on individual accounts or on related accounts.
3. We are not obliged to process any particular transaction. When you submit a Transaction, you are requesting that we process the Transaction on your behalf. In our sole discretion, we may choose whether to accept the offer to process that Transaction. However, if we decide not to process the Transaction, we will notify you promptly of that decision and repay the money paid to us.
4. We may, in our sole discretion, refuse Transactions from certain Senders or to certain Recipients, including but not limited to entities and individuals on restricted or prohibited lists issued from time to time by the Canadian Government. In addition, not all Payment Instruments are available to all customers at all times and in our sole discretion, we may refuse Transactions funded from certain Payment Instruments.
5. Although DirectSend will pay the full principal amount of your Transaction to your Beneficiary in the currency DirectSend 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. We will attempt to process Transactions promptly, but any Transaction may be delayed or cancelled for a number of reasons including but not limited to: our efforts to verify your identity; to validate your Transaction instructions; to contact you; or otherwise to comply with applicable law; or due to variations in business hours and currency availability.
You agree that:
• to access, use or attempt to use the Service as a Sender, you must be at least 18 years old, and be capable of executing legally binding contracts in the relevant jurisdiction; have a Payment Instrument in your name in the origination country. To register, you need to download the DirectSend Application and provide DirectSend 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 verify your identify. The home address that you provide when registering must be the same as the billing address for your debit card. You agree to provide complete and accurate information and documentation about yourself, your Payment Instrument and your Beneficiary in connection with your registration as well as when requesting a remittance. You also agree to update this information as may be necessary. Your use of the Application is dependent on our ability to verify your identity. You acknowledge that Incomplete and/or inaccurate information including misidentification of Beneficiary(s), incorrect or inconsistent account names and numbers, or misspellings, are your responsibility and that DirectSend shall have no liability for executing a Remittance based upon the inaccurate or incomplete information you provided or entered. You also agree that incomplete and /or inaccurate information provided by you during registration or when requesting a Remittance may result in errors in your requested Remittance, or may delay/restrict your access to the Application. Additional restrictions may apply.
• your Registration is unique to you. You should not allow anyone to use your registration details. If you have cause to believe your access to the Application have been compromised, immediately change your password or contact DirectSend at email@example.com to disable your access to the Application.
• for each Transaction that you submit, you will pay us the Transaction Amount. Payment becomes due at the time you submit your Transaction. If you submit a Transaction that results in DirectSend becoming liable for charges including but not limited to; charge to your Payment Instrument being returned, chargeback, canceled for any reason after DirectSend has processed your Remittance request, or any other fees, you agree to reimburse us for all such fees. You authorize us to debit your Payment Instrument for 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.
• in connection with your registration and use of the Service, you will:
1. Provide us with correct, exact, current and complete evidence of your identity, and promptly update your personal information if and when it changes;
2. Provide our merchant with details of one or more Payment Instruments; and
3. Provide us with correct, exact, current and complete information for all Transactions.
4. We do not accept any liability for damages resulting from non-payment or delay in payment of a money transfer to a Recipient/Beneficiary or failure to perform a transaction under the Service due to any of these matters;
5. When you are sending money under these Terms and Conditions, it is your responsibility to make sure all the Transaction details are accurate and precise before submission. Once a Transaction has been submitted for processing, it is not normally possible to change any of its details. You will be given the opportunity to confirm Transactions before submission and you must check the details carefully;
6. DirectSend will have no responsibility for any fees or charges you may incur by the use of a particular Payment Instrument to fund a Transaction. These may include but are not limited to unauthorized overdraft fees imposed by banks if there are insufficient funds in your bank account;
7. Both you and the Recipients will only act on your own behalf. You may not submit or receive a Transaction on behalf of a third person. If you intend to submit or receive a Transaction on behalf of a company, business or any entity other than a human individual, you must first inform DirectSend of your desire to do so and provide us with any additional information about the entity we may request for to help us decide whether to permit the Transaction;
8. In using the Service, you will comply with these Terms and Conditions as well as any applicable laws, rules or regulations. It is a breach of these Terms and Conditions to use the Service to send money (i) to a Recipient/Beneficiary who has violated the Terms and Conditions, or (ii) in connection with illegal activity including without limitation, money laundering, fraud and the funding of terrorist organizations. If you use the Service in connection with illegal activity, DirectSend may report you to the appropriate legal authorities;
9. When using our Mobile App, Website or the Service or when interacting with DirectSend, with another user or with a third party, you will not:
a. breach these Terms and Conditions, or any other agreement between you and DirectSend;
b. open more than one account, without our prior written permission;
c. provide false, inaccurate, or misleading information;
d. allow anyone else access to your registration details, and will keep those details secure;
e. use an anonymizing proxy (a tool that attempts to make activity untraceable);
f. refuse to provide confirmation of any information you provide to us, including proof of identity, or refuse to co-operate in any investigation;
g. copy or monitor our website using any robot, spider, or other automatic device or manual process, without our prior written permission.
10. We may, as necessary in providing the Service, store all information required of a Recipient to prove his or her identity or associated with their specific Transaction. Such proofs may include a suitable form of valid, unexpired identification from a list of acceptable papers provided by the Service Provider, and/or a Transaction tracking number, a personal identification number (PIN), a “password”, a “secret word”, or other similar identifiers.
CURRENCY CONVERSION, PAYMENT & BILLING
All payments to the recipient/beneficiary will be made in the currency of the destination country; a currency conversion rate will therefore be applied. Canadian Dollars is converted to foreign currency at an exchange rate set by DirectSend (“https://directsend.ca”). DirectSend’s foreign exchange rates changes from time to time. DirectSend (“https://directsend.ca”) and its Service Providers usually make a small profit on the difference between the exchange rate at which we buy foreign currency and the exchange rate provided to you the customer.
The principal amount is due and payable before DirectSend (https://directsend.ca”) processes the transaction. You must pay for the Service using the available payment options. If DirectSend (“https://directsend.ca”) does not receive authorization from the Payment Method issuer, the transaction will not be processed and funds will not be transmitted to the Receiver. DirectSend (“https://directsend.ca”) will decline any transaction where the customer does not pay the full transfer amount. DirectSend (“https://directsend.ca”) assumes no liability for damages resulting from or arising out of non-payment of the Money Transfer because of non-receipt of authorization from the Payment Method issuer. Each time you use the Service you agree that DirectSend (“https://directsend.ca”) is authorized to charge your designated Payment Method account for the principal amount, and any other applicable fees. (Your agreement with your Payment Method issuer governs use of your Payment Method, and you must refer to that agreement to ascertain your rights and liabilities as a user of your Payment Method, which may include a “cash advance” fee).
*Your recipient may receive less due to fees charged by the mobile wallet provider, by a bank and/or foreign taxes.
You will see this transaction billed on your Debit Card statement as “DirectSend”.
Refund of Principal Amount and cancellation of the Money Transfer:
You can cancel for a full refund within 30 minutes of payment, unless the funds has been paid to the designated recipient’s wallet or deposited in the designated bank account. Note, DirectSend credits recipient’s wallet or bank account instantly.
However, if the Remittance was sent in error, the Sender must contact us within thirty (30) minutes after initiation of the Remittance at firstname.lastname@example.org. We will attempt to recall the Remittance, but we may be unable to do so if the Remittance has already been credited to your Beneficiary’s account or if your Beneficiary has already withdrawn or moved the funds; if DirectSend is unable to recall your remittance, we will have no liability to you.
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 within 180 days and provide your name, contact information, the beneficiary’s name, date of transfer, as well as the reason you believe there has been an error. DirectSend will determine whether an error occurred and will reply to you within 8 weeks (56 days). If DirectSend was at fault, you will be entitled to a refund or to have the Remittance re-sent free of charge. If no error occurred or DirectSend was not at fault, you will receive a written notice including the information that DirectSend relied on to make that determination.
DirectSend shall not be liable to you for any loss resulting from DirectSend’s inability to cancel or refund a Remittance Payment. If DirectSend refunds Remittance Payment funds to you, these funds will be credited to the Payment Instrument you used when requesting the transfer.
In order to use the Application, you consent to receive and accept this Agreement, any amendment to this Agreement, and all notices relating to the Application and Service by means of electronic (email or SMS-text message) communications. If any change to this Agreement requires prior notice to you, DirectSend will notify you by email or SMS-text message, at the email address or telephone number that you provided when registering for the Application. DirectSend might provide you with a link in such an email or SMS-text message to where you may view the revised or amended Agreement. DirectSend will make available to you a record of each of your Remittances electronically on the Application. In order to use the Application, you must have an Android device or iPhone or any other device approved by DirectSend. You agree that if you remove your consent to receive electronic communications, DirectSend will terminate your use of the Application and Service.
COLLECTION OF INFORMATION
Customer Identification Program:
Canadian law requires all Money Services Businesses to assist in the fight against money laundering activities and the funding of terrorism by obtaining, verifying and recording identifying information about all customers. We may therefore require you to supply us with personal identifying information and we may legally consult other sources to obtain information about you.
If you create an account through the DirectSend Mobile App after downloading the application, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. Providing false contact information of any kind may result in the immediate termination of your account. You must notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred because of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation or negatively impact on our operations.
By accepting these Terms and Conditions, you consent to our making any inquiries we consider necessary to validate the information you provide to us. We may do this directly, for example by asking you for additional information, requiring you to take steps to confirm ownership of your Payment Instruments or email address; or by verifying your information against third party databases; or through other sources.
INTELLECTUAL PROPERTY RIGHTS
This Agreement does not transfer from DirectSend to you any DirectSend or third-party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with DirectSend. All trademarks, service marks, graphics and logos used in connection with our App, Website or Services, are trademarks or registered trademarks of Xpresschoice Services Ltd. or Xpresschoice Services Ltd.’s licensors. Other trademarks, service marks, graphics and logos used in connection with our App, Website or Services may be the trademarks of other third parties. Your use of our App, Website and Services grants you no right or license to reproduce or otherwise use any Xpresschoice Services Ltd. or third party trademarks.
DISCLAIMER OF WARRANTY
You agree that your use of our App, Website or Services is solely at your own risk. You agree that such Service is provided on an “as is” and “as available” basis. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the Service will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk and that you will be solely responsible for any damage to your mobile device, computer system or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service. No information or advice, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.
LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, in no event will Xpresschoice Services Ltd., its affiliates, officers, directors, employees, agents, suppliers or licensors be liable to any person for (a): any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use or content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if Xpresschoice Services Ltd. has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of Xpresschoice Services Ltd. and its affiliates, officers, employees, agents, suppliers and licensors, relating to the services will be limited to an amount greater of one dollar or any amounts actually paid in cash by you to Xpresschoice Services Ltd. for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.
You agree to indemnify and hold Xpresschoice Services Ltd. and its affiliates, directors, officers, employees, and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third-party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the DirectSend Mobile App, Website or Services or any willful misconduct on your part. Without limiting the generality of the foregoing indemnification obligation, you shall indemnify DirectSend for any losses caused due to any inaccurate, non- current or incomplete information that you provided to DirectSend and for any losses due to your failure to maintain the secrecy and confidentiality of all your passwords, IDs, or due to any unauthorized use of your password and/or IDs.
All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
The formation, interpretation and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Alberta, Canada without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of Canada. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the provincial and federal courts located in Alberta, Canada, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
You may not assign, resell, sub-license or otherwise transfer or delegate any of your rights or obligations hereunder, in whole or in part, without our prior written consent, which consent shall be at our own sole discretion and without obligation; any such assignment or transfer shall be invalid. DirectSend is free to assign any of its rights or obligations hereunder, in whole or in part, to any third party as part of the sale of all or substantially all of its assets or stock or as part of a merger.
CHANGES AND AMENDMENTS
We reserve the right to modify, supplement, alter and amend this Agreement or its policies relating to the DirectSend Mobile App, the Website or Services at any time, effective upon posting of an updated version of this Agreement on the Website. When we do, we will send you an email to notify you. Continued use of the DirectSend Mobile App, Website or Services after any such changes shall constitute your consent to such changes.
ACCEPTANCE OF THESE TERMS
This Agreement, along with all the material incorporated into it by reference, constitutes the entire understanding between you and DirectSend concerning the Application and the Service. It supersedes all prior agreements, and may not be modified orally. As used in this Agreement, DirectSend includes all of the subsidiaries and affiliates of Xpresschoice Services Ltd., and any of them, along with the banks, mobile service providers and others we have engaged to assist us, may participate in the provision of the Service. 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. You acknowledge that you have read this Agreement and agree to all its terms and conditions. By using the DirectSend Mobile App, Website or its Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the DirectSend Mobile App, Website or its Services.
Attn: DirectSend Customer Service,
Xpresschoice Services Ltd.
145 Viewpointe Terrace
Chestermere – Alberta
T1X 0R1, Canada.
+1-403-452-4109 / +1-844-380-1709