CONTRACT FORMATION AND OVERVIEW

 

1.1 These terms and conditions ("Terms and Conditions") govern the terms under which you may access and use the website (and for the purpose of these Terms and Conditions “website” will include our App (where applicable) and the services associated with it (together, the "Service"). By accessing, registering with and using the Service, you agree to be bound by the terms of the Terms and Conditions. If you do not wish to be bound by the 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.

 

1.2 In these Terms and Conditions, the terms "Soleremit", "we", "us", and "our" refer to:

 

1.2.1     CASHTREND MONEY TRANSFER INC., a company registered in Canada with corporation number 1032973-8, with its registered office at 156 COVE RISE, CHESTERMERE, ALBERTA, T1X1S7, Canada, registered with FINTRAC under no. M18869471, with the relevant company’s employees, directors, affiliates, successors, and assigns.

 

1.3 The terms "you" and "your" refer to users of the Service, as Senders, Recipients, other users or visitors to the website.

 

1.4 These Terms and Conditions are effective from the date on which you first access, register or use the Service. The Terms and Conditions may change from time to time as set out in clause 17.3 of these Terms and Conditions.

 

1.5 The Service was created: (a) to assist customers to send money to their family and friends, and to receive money from family and friends, around the world; and (b) to offer customers the ability to credit a mobile phone account with Airtime Top Up. For security reasons, we recommend that you only send money or Airtime Top Up through the Service to people you know personally. You must not use the Service to send money or Airtime Top Up to strangers, for example sellers of goods and/or services, whether private or retail.

 

 

DEFINITIONS

 

In these Terms and Conditions:

 

"App" means Soleremit’s mobile application for (a) the sending of Payment Requests and/or Transaction Requests, and/or, where available, (b) the use of the Soleremit Wallet.

 

"Airtime Top Up" means credit, which is added to a mobile phone account, which can be used to make calls, send text or picture messages and use data, that is purchased by the Sender and credited to the Payee’s mobile phone account typically within a few seconds.

 

"Business Day" means any day on which we are open for business for the execution of Transaction Requests and/or Payment Requests.

 

"Destination Country" means the country in which the Payee receives money or Airtime Top Up through the Service.

 

"E-money" means electronically stored monetary value as represented by a claim of a Walletholder on us which is issued on receipt of funds by us on your behalf.

 

"Instruction" means a Payment Request and/or a Transaction Request.

 

"Local Taxes" means any taxes or charges payable in the Destination Country.

 

"Payee" means someone who receives money, E-money or Airtime Top Up through the Service.

 

"Payment Instrument" means a valid instrument of payment such as a bank account, debit card or credit card.

 

"Payment Request" means a specific instruction from you to a Sender requesting a Transaction.

 

"Payout Amount" means the amount paid out, after any foreign exchange conversion, to the Payee’s account exclusive of the Service Fee.

 

"Prohibited" means activities which involve narcotics, steroids, pharmaceuticals, chemicals, drug paraphernalia, tobacco, seeds, plants, animals, military or semi-military goods or services, weapons (including dual-use goods), adult services or content, bitcoin or other cryptocurrency, binary options or gambling services or any other activities that are prohibited by Soleremit’s policies as amended from time to time.

 

"Recipient" means:

 

(a) a Payee; or

 

(b) in the event that you are using the Service to send a Payment Request, someone who receives the Payment Request.

 

"Sender" means someone who uses the Service to send money, E-money or Airtime Top Up.

 

"Services" means any or all of the following services:

 

(a)     Money Transfer;

 

(b)     Digital Money Account;

 

(c)      Airtime Top Up.

 

"Service Fee" means Soleremit’s fee plus any additional charges or Local Taxes applicable to each Transaction, which Soleremit may charge, in its sole discretion in accordance with applicable laws, as may be described in these Terms and Conditions, and on the Soleremit website from time to time.

 

"Service Provider" means a local bank, money exchange house, or other third party service providers (e.g. mobile network operators) in the Destination Country with whom Soleremit works to provide the Service.

 

"Transaction" means the transfer of money, E-money or Airtime Top Up through the Service, as the case may be.

 

"Transaction Amount" means the amount of money, E-money or the value of the Airtime Top Up that the Sender wishes to send to the Payee as a Transaction, excluding any applicable Service Fee and prior to any foreign exchange conversion.

 

"Transaction History" means the record of your Transactions on our website which you may access using your email and password registration details.

 

"Transaction Request" means a specific instruction from you requesting us to send money or AirTime Top Up to a Payee through the Service.

 

"Walletholder" means a person who resides in a country in which the Soleremit Wallet is available and has a Soleremit Wallet within the App.

 

"Soleremit Wallet" means a function in the App which stores E-money in a non-interest bearing account maintained by us for a Walletholder, and which provides such features as we may make available from time to time. These features may include (without limitation) the ability to:

 

(a) see the balance of E-money held in that Soleremit Wallet;

 

(b) load additional E-money into that Soleremit Wallet; and

 

(c) give instructions for E-money to be paid out of that Soleremit Wallet.

 

The Soleremit Wallet is only available for use in a limited number of countries.

 

 

OUR OBLIGATIONS

 

3.1 Subject to these Terms and Conditions, we agree to provide the Service to you using reasonable care. You acknowledge that the Service may not be available, in whole or in part, in certain regions, countries, or jurisdictions.

 

3.2 We are not obliged to process any particular Transaction. When you submit a Transaction Request, you are requesting that we process the Transaction on your behalf and consenting to the execution of the Transaction. We may, in our sole discretion, choose whether or not to accept the offer to process that Transaction. If we decide not to process the Transaction, we will notify you promptly of that decision and repay to you the Transaction Amount received by us, provided that we are not prohibited by law from doing so. If we choose to proceed with the Transaction we may still suspend or cancel it in our discretion.

 

3.3 Soleremit 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.

 

3.4 We may, in our absolute discretion, refuse any Transaction Request (as further detailed in clause 5) or impose limits on the Transaction Amount. We may do so either on a per Transaction basis or on an aggregate basis, and either in respect of one set of registration details or one Payment Instrument or on related sets of registration details or Payment Instruments. We reserve the right, in our sole and absolute discretion, to change the Payment Instruments that we accept, at any time.

 

3.5 Delivery times quoted on our service levels or elsewhere on our website are representative for the “normal” / average service and are not a guarantee of an individual Service or Transaction time.

 

3.6 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 due to variations in business hours and currency availability; or otherwise to comply with applicable law.

 

3.7 We may send and receive notifications in relation to Transactions by email and SMS. We will provide you with information after receipt of a Transaction Request enabling you to identify the Transaction, along with details of the amount of the Transaction in the currency used in the Transaction Request, our Service Fee, exchange rate and the date on which the Transaction Request was received.

 

3.8 We will attempt to provide Senders and Recipients with up to date information regarding the location and opening hours of our Service Providers by means of information on our website. However, you agree that Soleremit shall not be held responsible for any inaccuracies that may appear in that information or any consequential loss which may result from incorrect or incomplete information.

 

 

YOUR OBLIGATIONS

 

4.1 You agree that:

 

4.1.1 you will not access, use or attempt to use the Service to provide any Instructions unless you are at least 18 years old, and that you have the legal capacity to form a binding legal contract in any relevant jurisdiction;

 

4.1.2 for each Transaction Request that you submit, you will pay us the stated Service Fee in addition to the Transaction Amount. Payment becomes due at the time that you submit your Transaction Request. To the maximum extent permitted by law, the Service Fee is non-refundable unless expressly stated in these Terms and Conditions. If you submit a Transaction Request that results in Soleremit becoming liable for charges including but not limited to chargeback or other fees, you agree to reimburse us for all such fees;

 

4.1.3 we may apply a convenience fee for processing credit cards in certain jurisdictions at our discretion. If we charge such a convenience fee, it will be disclosed to you prior to your submission of the applicable Transaction Request;

 

4.1.4 you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Service or any Instruction being conducted through the Service;

 

4.1.5 in connection with your registration and use of the Service, you will:

 

(a) provide us with true, accurate, current and complete evidence of your identity, and promptly update your personal information if and when it changes;

 

(b) provide us with any identity documentations as may be requested by us;

 

(c) provide us with details of one or more Payment Instruments;

 

(d) provide us with true, accurate, current and complete information as we indicate on the website is required to receive the Service and any other information which may be required in relation to the Recipient;

 

(e) provide us with:

 

(i) any other information that must be provided for a Transaction Request to be properly executed, as specified when you enter the details of the Transaction you are interested in on our website; and

 

(ii) such information relating to the Transaction as detailed in clause 5.4.

 

4.2 We do not accept any liability for loss or damages to you or any third party resulting from non-payment or delay in payment of a Payout Amount to a Payee or failure to perform any Instruction under the Service if you are in breach of your obligations listed in clause 4.1.

 

4.3 When you are using the Service under these Terms and Conditions, it is your responsibility to make sure all the details are accurate before submission. Once a Transaction Request has been received it is not normally possible to change any details of that Transaction Request. You will be given the opportunity to confirm Transaction Requests before submission and you must check the details carefully.

 

4.4 The total amount (the Transaction Amount, Service Fee and other applicable fees and charges) that you will be required to pay and the relevant exchange rate will be displayed clearly before you are asked to confirm your Transaction and proceeding with the Transaction at this point is entirely optional.

 

4.5 When you pay a Transaction Amount in one currency and the Payout Amount is in another currency, there will be a difference between the exchange rate at which we buy foreign currency and the exchange rate provided to you. Soleremit and its Service Providers usually make a small profit in these circumstances. We guarantee you the Payout Amount in local currency. The margin taken on foreign currency exchange covers our risk in guaranteeing this. If a Payee’s account is denominated in a currency other than the currency you instructed us to make payment in there may be delays, additional charges or different exchange rates. The Sender is therefore responsible for ensuring that the currency requested for the Transaction matches the currency of the account where the funds are to be delivered.

 

4.6 Soleremit 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 unauthorised overdraft fees imposed by banks if there are insufficient funds in your bank account or "cash advance" fees and additional interest which may be imposed by credit card providers if they treat use of the Service as a cash transaction rather than a purchase transaction. It is your responsibility to consult your financial institution for information regarding any such fees or charges.

 

4.7 You will only use the Service to send a Transaction Amount to people that you know personally  and not to pay for goods or services from third parties you do not know and trust. You acknowledge that Soleremit may refuse to process your Transaction Request where we believe you are using the Service to purchase goods or services from third parties you do not know and trust or where we believe that the Service is being used, by you or the Recipient, in furtherance of fraudulent, illegal or Prohibited activities, or in violation of these Terms and Conditions. If you choose to pay third parties for goods and services using the Service, you acknowledge that Soleremit has no control over, and is not responsible for, the quality, safety, legality, or delivery of such goods or services and that any such use of the Service is entirely at your own risk.

 

4.8 Both you and the Recipient will only act on your own behalf. You may not submit an Instruction or receive a Transaction on behalf of a third person. If you intend to submit an Instruction or receive a Transaction on behalf of a third person, you must first inform Soleremit of your desire to do so and provide us with any additional information about the third person we may request in order that we may decide whether to permit the Instruction or Transaction.

 

4.9 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 Transaction Amounts:

(i) to a Payee who has violated the Terms and Conditions, or

(ii) in connection with illegal activity including but not limited to money-laundering, fraud and the funding of terrorist organisations.

If Soleremit reasonably believes you are using the Service in connection with an illegal activity or for any fraudulent purpose, or are permitting a third party to do so, in addition to any actions it may take under these Terms and Conditions, Soleremit may report you to the appropriate legal authorities.

 

4.10 When using our website or the Service or when interacting with Soleremit, with another user or with a third party, you will not:

 

4.10.1 breach these Terms and Conditions, or any other agreement between you and Soleremit;

 

4.10.2 create more than one registration without our prior written permission;

 

4.10.3 provide false, inaccurate, or misleading information;

 

4.10.4 allow anyone else access to your registration details, and you will keep those details safe and secure;

 

4.10.5 refuse to provide confirmation of any information you provide to us, including proof of identity, or refuse to co-operate in any investigation;

 

4.10.6 use an anonymising proxy or device (including without limitation any tool that attempts to make activity untraceable); or

 

4.10.7 copy or monitor our website or any part of the Services using any robot, spider, or other automatic device or manual process, without our prior written permission.

 

4.11 You acknowledge that nothing in these Terms and Conditions or in any other information provided by Soleremit as part of the Service is intended to be, nor should it be construed to be, legal or other advice. If required, you agree to consult your own professional advisers as to the effects of Canadian or foreign laws which may apply to the Service.

 

OUR RIGHT TO REFUSE, SUSPEND OR CANCEL

 

5.1 We may refuse any Transaction Request, Payment Request or Transaction at any time for any reason (or cancel it where relevant). Notwithstanding this, we set out here some examples of when that may occur.

 

5.1.1 We may, in our absolute discretion, refuse or cancel Transaction Requests, Payment Requests or Transactions 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.

 

5.1.2 We may, in our absolute discretion, refuse or cancel Transaction Requests, Payment Requests or Transactions to or from certain Senders or to or from certain Payees, including but not limited to entities and individuals on, or in jurisdictions on, restricted or prohibited lists issued from time to time by any government authorities, if 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. We may refuse to process a Transaction funded from certain Payment Instruments where we have reason to believe the security of the Payment Instrument has been compromised or where we suspect the unauthorised or fraudulent use of the Payment Instrument.

 

5.1.3 We may, in our absolute discretion, refuse or cancel Transaction Requests or Transactions if Soleremit believes you are using the Service to purchase goods or services from third parties you do not know or trust.

 

5.1.4 We may, in our absolute discretion, refuse or cancel Transaction Requests, Payment Requests or Transactions if:

 

(a) Soleremit is unable to verify your identity;

 

(b) Soleremit is unable to verify the identity of the Recipient;

 

(c) You do not comply with an information request(s) pursuant to clause 5.4; or

 

(d) Soleremit reasonably believes you are using the Service, or allowing it to be used, in breach of these Terms and Conditions or any applicable laws, rules or regulations.

 

5.2 Where Soleremit has refused or cancelled a Transaction Request, Transaction or Payment Request, Soleremit may also, at its discretion, temporarily or permanently suspend your Registration.

 

5.3 Where Soleremit temporarily or permanently suspends your Registration, or refuses or cancels a Transaction Request, Payment Request or a Transaction in accordance with this clause 5, Soleremit reserves the right to retain any Service Fees already incurred.

 

5.4 In order to comply with our obligations under relevant laws, we reserve the right to ask for further information or evidence relating to the purpose of a Transaction, as well as your identity and that of the Recipient.

 

 

YOUR RIGHT TO CANCEL; REFUNDS

 

6.1 To the extent permitted by law, once we have received your Instruction, you do not have the automatic right to revoke it.

 

6.2 Notwithstanding clause 6.1 above, Soleremit may, in its absolute discretion, attempt to cancel your Instruction if you have informed us that you wish to revoke it. In some cases, Soleremit may have initiated an irreversible request for funds to be paid out to your Payee by a Service Provider and therefore cannot guarantee cancellation will be successful. For successful revocations Soleremit will normally refund your money, less any reasonable revocation charges and any Service Fees already charged, within four (4) Business Days.

 

6.3 If you:

 

6.3.1 have any problems using the Service; or

 

6.3.2 are aware of any unauthorised or incorrectly executed Transactions;

 

you should contact us through the channels listed at the end of these Terms and Conditions without delay and in any event no later than 13 months after the date the Transaction Amount was debited, upon becoming aware of the unauthorised or incorrectly executed Transaction. A request for a refund must be submitted in writing (including by email) to one of the contact points listed at the bottom of these Terms and Conditions, giving the Sender's full name, address, and phone number, together with the Transaction tracking number, Transaction Amount, and the reason for your refund request.

 

6.4 If we have executed the Transaction in accordance with the instructions you have provided to us, and that information proves to have been incorrect, we are not liable for the incorrect execution of the Transaction. We will however make reasonable efforts to recover the funds. We may charge you a reasonable fee, reflective of our efforts, to do so.

 

6.5 Where Soleremit has executed the Transaction otherwise than in accordance with your Instruction, subject to clause 11.2, Soleremit will refund the full amount debited. Unless there are exceptional circumstances, no adjustment will be made for any currency fluctuations which may have occurred between the time you pay us the Transaction Amount and the time of credit.

 

6.6 Any refunds will be credited back to the same Payment Instrument used to fund the Transaction and in the same currency.

 

 

PAYMENT REQUEST

 

7.1 You agree that you will not send Payment Requests to strangers i.e. people you do not know personally.

 

7.2 You acknowledge that the Service may not be available, in whole or in part, in certain regions, countries, or jurisdictions.

 

7.3 We are not obliged to process any particular Payment Request. When you submit a Payment Request, you are requesting that we process the Payment Request on your behalf and consenting to us contacting the Sender for these purposes. You acknowledge and agree that, when we send a Payment Request by SMS text message to a Sender on your behalf, we may use the mobile telephone number associated with your account for this purpose (i.e. the Payment Request we send will show as being sent from your mobile telephone number). We may, in our sole discretion, choose whether or not to process that Payment Request, or impose limits on Payment Requests. In particular, we may, in our absolute discretion, refuse Payment Requests and/or suspend or cancel your account with us where (i) you are in breach of clause 4, and/or any other provision of these Terms and Conditions, (ii) we believe that the Service is being used, whether by you or the Sender, in furtherance of illegal, fraudulent or Prohibited activities, or (iii) we are required to do so by law (including applicable anti-money laundering and counter-terrorism legislation) or (iv) we are unable to verify either your identity or that of the Sender.

 

7.4 All Transactions that result from a Payment Request will be handled in accordance with these Terms and Conditions, which the Sender will need to accept prior to any Transaction proceeding.

 

7.5 Cancellation of Payment Requests. Once we have received your Payment Request, you may not cancel it. In such circumstances you would need to contact the Sender separately, and explain that you require the Payment Request to be treated as cancelled. Please therefore ensure that your Payment Requests are legitimate, accurate and complete.

 

7.6 Cancellation of Transactions. The cancellation of Transactions shall be governed by, and dealt in accordance with these Terms and Conditions. You shall assist and co-operate with us in relation to all cancellation requests we receive from Senders after a Transaction has been initiated following your Payment Request. You shall, upon request from us, promptly refund to us or a third party of our choice (including the Sender) all monies you receive from Transactions where we reasonably believe that such Transactions have resulted from your use of the Services in contravention of these Terms and Conditions.

 

 

COLLECTION OF INFORMATION AND CONFIDENTIALITY

 

8.1 Customer Identification Program. Applicable Canadian federal and provincial law requires all financial institutions 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 relating to you and the Recipient and we may also legally consult other sources to obtain information about you and the Recipient.

 

8.2 Verification and Checks. We will verify your residential address and personal details in order to confirm your identity. We may also pass your personal information to a credit reference agency, which may keep a record of that information. Be assured that this is done only to confirm your identity, and that we do not perform credit checks and therefore your credit rating will be unaffected. We may also need to verify the identity of a Recipient in the same way. All information provided by you will be treated securely and strictly in accordance with the applicable law. By accepting these Terms and Conditions you authorise us to make any inquiries we consider necessary to validate the information that you provide to us. We may do this directly, for example by asking you for additional information, or requiring you to take steps to confirm ownership of your Payment Instruments or email address; or indirectly, for example by verifying your information against third party databases or through other sources.

 

8.3 Data Privacy Policy. You consent to our processing your personal information for the purposes of providing the Service, including for verification purposes as set out in this clause. You also consent to the use of such data to enable us and our authorised third parties to communicate with you, and for statutory, accounting and archival purposes, in accordance with the terms of Soleremit's Privacy Policy. You acknowledge that you have read and consented to Soleremit's Privacy Policy. The Privacy Policy can be found by clicking here.

 

8.4 Government Disclosures. We may be required by law to provide information about you, your use of the Service and your Instructions to government or other competent authorities as described in our Data Privacy Policy. You acknowledge and consent to us doing this.

 

8.5 Recipient Information. Soleremit 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 Instruction. 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.

 

8.6 Confidentiality. You agree to keep any document, correspondence, information or other material that you receive from us and which may be of a confidential nature, whether in or hard copy or electronic format, strictly confidential, and not to disclose any such material without Soleremit’s prior written consent, unless otherwise expressly provided in such material or unless you are expressly required to disclose such material under applicable law or regulation.

 

 

INTELLECTUAL PROPERTY

 

9.1 The Soleremit website and the Soleremit Service, the content, and all intellectual property relating to them and contained in them (including but not limited to copyrights, patents, database rights, trademarks and service marks) are owned by us, our affiliates, or third parties. All right, title and interest in and to the Soleremit website and the Service shall remain our property and/or the property of such other third parties.

 

9.2 The Soleremit website and the Soleremit Service may be used only for the purposes permitted by these Terms and Conditions or described on the website. You are authorised solely to view and to retain a copy of the pages of the Soleremit website for your own personal use. You may not duplicate, publish, modify, create derivative works from, participate in the transfer or sale of, post on the internet, or in any way distribute or exploit the Soleremit website, the Soleremit Service or any portion thereof for any public or commercial use without our express written permission. You may not: (a) use any robot, spider, scraper or other automated device to access the Soleremit website or the Soleremit Service; and/or (b) remove or alter any copyright, trademark or other proprietary notice or legend displayed on the Soleremit website (or printed pages of the website). The name “Soleremit” and other names and indicia of ownership of Soleremit's products and/or services referred to on the Soleremit website are our exclusive marks or the exclusive marks of other third parties. Other products, services and company names appearing on the website may be trademarks of their respective owners, and therefore you should not use, copy or reproduce them in any way.

 

 

WARRANTIES AND LIABILITY

 

10.1 Where we have materially breached these Terms and Conditions causing a Sender loss, we will refund the Sender the Transaction Amount and the Service Fee.

 

10.2 If a Transaction is delayed or fails, or if an executed Transaction is not authorised, you may have a right to receive a refund or compensation under laws relating to the provision of international money transfer services. In the case of any unauthorised or incorrectly executed Transaction, any such right may be prejudiced if you do not notify us of the unauthorised or incorrectly executed Transaction without delay, or in any event within thirteen months after the debit date. We will provide you with the further details of your rights to a refund or compensation if you contact us using the contact details at the end of these Terms and Conditions.

 

10.3 Any claim for compensation made by you must be supported by any available relevant documentation.

 

10.4 To the maximum extent permitted by applicable law, if any loss that you suffer is not covered by a right to payment under the laws referred to in clause 11.2, and subject to the applicable law, we will only accept liability for that loss up to a limit which is the greater of: (a) the amount of any Service Fee and (b) CAD500, unless otherwise agreed by us in writing. The cap on our liability only limits a claim for loss arising out of any single Transaction or series of related Transactions, or (if a loss does not arise out of a Transaction or related Transactions) any single act, omission or event or related acts, omissions or events. This means that if, for example, you suffer loss by reason of our failure to perform our agreement with you under two unrelated Transactions, you might be able to claim up to CAD1,000.

 

10.5 Subject to applicable law, we do not, in any event, accept responsibility for:

 

10.5.1 any failure to perform the Service (e.g. your Instruction) as a result of circumstances which could reasonably be considered to be due to abnormal and unforeseen circumstances or outside our control or due to our obligations under any applicable laws, rules or regulations;

 

10.5.2 malfunctions in communications facilities which cannot reasonably be considered to be under our control and that may affect the accuracy or timeliness of messages you send to us;

 

10.5.3 any losses or delays in transmission of messages arising out of the use of any internet or telecommunications service provider or caused by any browser or other software which is not under our control; or

 

10.5.4 errors on the website or with the Service caused by incomplete or incorrect information provided to us by you or a third party.

 

10.6 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT ANY REPRESENTATIONS, CONDITIONS OR WARRANTIES WHATSOEVER. SOLEREMIT EXPRESSLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL OTHER REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, NON-INTERFERENCE AND/OR QUIET ENJOYMENT, SYSTEM INTEGRATION, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND ACCURACY.

 

10.7 Nothing in this clause 10 shall (a) exclude or limit liability on our part for death or personal injury resulting from our negligence; or (b) exclude our liability for fraud.

 

10.8 Where you are sending a Transaction Amount to a Payee who is not registered with us, you agree to accept the provisions of this clause 10 not only for yourself, but also on behalf of the Payee.

 

10.9 Your relationship is with the applicable Soleremit entity as identified in section 1.2 only. You agree that no other Soleremit entity, or affiliate or agent of Soleremit owes you any duty of care when performing a task which would otherwise have to be performed by the applicable Soleremit entity under its agreement with you.

 

10.10 You understand and acknowledge that you are liable for all losses incurred in respect of an unauthorised Transaction or Instruction or any other unauthorised use of the Service, where you have acted fraudulently or negligently and you agree to be responsible for and hold harmless Soleremit, our subsidiaries, affiliates, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders from all loss, damage, claims, actions or demands, including reasonable legal fees, arising out of your use or misuse of the website or Service, all activities that occur under your password or account e- mail login, your violation of these Terms and Conditions or any other violation of the rights of another person or party.

 

 

USE OF THE APP AND SERVICES

 

11.1 In consideration of you agreeing to abide by these Terms and Conditions, we grant you a non-transferable, non-exclusive licence to use the Services, including without limitation, the App, subject to these Terms and Conditions, our Privacy Policy and the applicable app-store terms (incorporated into these Terms and Conditions by reference) as may be amended from time to time. We reserve all other rights.