Terms and Conditions – FORTUMTRANSACT

Effective date: 19/08/2024

Introduction

Use of this website and Fortum Transact Inc. money transfer services is subject to the following Terms and Conditions (“Terms”) and our Privacy Policy (“Privacy Policy”). By visiting our website, you confirm that you have read, understood and agreed to these terms. We may update our policies from time to time, and it is your responsibility to check for updates on this page.

The provisions of the Terms, Privacy Policy and any other terms and conditions applicable to our services shall constitute a binding legal agreement (the “Agreement”) between You and us, Fortum Transact Inc., a company registered under the incorporation number BC1428810, business number 700557341 BC0001, having its registered office at: 323-71 2^ND AVE W VANCOUVER BC V5Y 0J7 CANADA (the “Company” or “We” or “Us”). The Company is registered in British Columbia, Canada and operates as a Money Service Business (MSB) with provincial registration. We are permitted to provide money transfer services by the Financial Transactions and Reports Analysis Centre of Canada (“FINTRAC”).

GENERAL PROVISIONS

These are the Terms on which we provide multi-currency money transfer services to you.

Please read these Terms carefully before registering with us. These terms set the provisions of how we will provide services to you, how you and we can change or terminate the contract, what to do in the event of a problem, and other important information.

COMMUNICATION

You can contact us by writing to us at: info@fortumtransact.com.

You must immediately notify us of any circumstances related to this Agreement, including changes in name, address, contact details, etc.

You must also immediately notify us of any loss or theft of your personal identity document or other means of identification, or of the loss or theft of your account or credentials for the Client’s credentials or payment instrument, or loss of possession of them against the will of the Client in any other way. You must notify us even if any of the above information has been or may be released to the public (for example, a court decision, notice in government registries or publication in the media).

If we need to contact you, we will do so by phone, SMS or by writing to you at the email address, postal address that you have provided to us, or through our online portal.

“Writing” includes emails and messages through our online portal. When we use the words “in writing” or “written” in these Terms, this includes emails and communications through our online portal.

Any notice or other message provided in accordance with this Agreement will be deemed received: if sent by first class mail or other delivery service on the next business day, on the second business day after being sent; or if they are sent by SMS, e-mail or our online portal, during transmission, or, if this time falls outside of business hours at the place of receipt, when business hours resume. “Business Hours” means 9:00 am to 5:00 pm, Monday through Friday, on a day that is not a public holiday in Canada and British Columbia.

Any communication we make with you, including this agreement, will be in English. You can also request that a copy of these Terms be sent to you.

SERVICES

The Company has been given permission to provide money transfer services by the FINTRAC under the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (PCMLTFA), which are:

Foreign Exchange
Money Transferring
Dealing in Virtual Currency

We cannot offer you banking services. Funds in the client’s payment account are not a deposit and can only be used to carry out payment transactions.

Customer payment accounts are not insured by the Canada Deposit Insurance Corporation (CDIC) or protected by other similar deposit guarantee instruments. Instead, customer funds are held in transit in protective accounts with reputable credit and payment institutions.

CHANGES

We can change services to reflect changes in relevant laws and regulations and/or to implement minor technical adjustments and improvements, for example, to eliminate a security threat. These changes may affect your use of the product, but if they do, we will let you know how and when.

In addition, we may make more significant changes to these Terms or services, but if we do, we will notify you two months before the change, and you can then contact us to terminate the Agreement before the change takes effect. If you do not contact us to terminate the Agreement, we will assume that you have accepted these changes.

We may update digital content at any time and without prior notice.

We will notify you of any changes to these Terms in accordance with the “Information about us and how to contact us” section.

Providing money transfer services

We will continue to provide money transfer services to you until this Agreement is terminated or the services are suspended for any reason set forth in this Agreement.

We are not responsible for delays outside our control. If our money transfer service is delayed as a result of an event beyond our control, we will contact you as soon as possible to let you know and we will take steps to minimize the effect of the delay. Provided that we do so, we will not be responsible for delays caused by the event, but if there is a risk of significant delay, you can contact us to terminate the Agreement and receive a refund for any services you paid but did not receive.

We may limit money transfer services we provide you and also set limits on outgoing and incoming transfers. However, you can request to change limits by writing to us as indicated above.

We are responsible for the correct execution of the payment transaction, unless we can prove to you or, if applicable, your recipient’s payment institution that the recipient’s payment institution received the correct amount in accordance with applicable regulation.

You may request us and we will immediately and without charge make efforts to trace any non-executed or defectively executed payment transaction and notify you of the outcome.

Providing currency exchange services

Our services include the ability to exchange currencies, for example:

You may upload money in one currency and use that balance to send money to a third party in another currency;
You may upload money in one currency and use that balance to withdraw money in a different currency; or
You may convert a currency balance in your account to a different currency to hold in your account with us.

For currency exchange you must give us a currency exchange order and in each case the currency conversion order will be a “Fixed Source Order” which is a currency exchange order where you indicate that you wish to exchange a fixed amount of source currency (the currency you start with) in order for you or your recipient to receive the converted amount in a target currency (the currency you want to send or end up with in your account). An exchange fee will apply when we perform a currency exchange.

We will only process your currency exchange order if we hold or have received the relevant funds and the fees specified in the Tariffs from your account. It is your responsibility to send us the money to fund a currency exchange order in a timely manner. We cannot be responsible for the time it takes for the money to be sent to us by your bank or money transfer service provider.

We reserve the right in our sole discretion to refuse any currency exchange order. Reasons for refusal may include but are not limited to incorrect information about the recipient, or insufficient available funds. We generally will attempt to notify you of any refusal, using the contact information provided as part of your registration, stating (where possible) the reasons for such refusal, and explaining how to correct any errors. However, we are not required to notify you if such notification would be unlawful.

We may place limits on the amount of currency you may exchange at any given time. We may limit the amount of your exchange order consistent with our obligations under applicable law and at our discretion.

We carry out verification checks and these checks may increase the time it takes to process your currency exchange order. We cannot be responsible for any delays as a result of carrying out those checks. The completion time of your currency exchange order (i.e., the date on which funds will be available to the recipient) is notified to you on your confirmation when you complete the setup of your transaction order.

You are responsible for ensuring the instructions you provide to us are accurate. Once an exchange order has been executed by us, transactions cannot be cancelled or reversed and we will not be liable in any way for any loss you suffer as a result of a transaction being carried out in accordance with your instructions.

ACCOUNT

You may open only one payment account unless we confirm in writing otherwise. If we detect duplicate accounts, we may in our sole and absolute discretion suspend provision of our services, merge or close duplicate accounts or terminate this Agreement.

By registering an account with us, you confirm that laws and regulations of your country do not prohibit you from entering into an agreement with us.

You also confirm that you are the only beneficial owner. If you are not, you must tell us immediately. In such circumstances, you cannot open an account with us unless we confirm in writing otherwise.

We may terminate this Agreement immediately and without notice if you are in breach of this section.

Identification

To provide you with money transfer services we will need certain information from you. By submitting such information, you represent that all information you provide is complete, accurate and true.

The information we require will depend on the nature of your business, where you are located, and any other requirements as set forth in applicable regulation.

If we have a reason to doubt the completeness or accuracy of the information you provide, we may ask you to provide additional information or documents and, if necessary, repeat the identification process.

From time to time, we may request for additional identification to verify your identity. You agree to provide us with all the information and documents necessary to verify your identity, or any other information that we may require.

You must inform us if any information provided or any circumstances relating to provision of services to you change. Such information includes the change of your representative, the beneficial owner of the Client, their identity, residential address / location, nature of business, tax residence and taxpayer number.

If you use our portal and / or payment tool, we will verify your identity when you provide your credentials (e.g. username and password; one-time OTP).

We may request any information and documents related to your identification and verification from any credit or financial institution that has already identified you or has a business relationship with you.

We may also require additional documents from you to enable us to request and receive such information or documents from other institutions.

Authorised persons

You can authorise other persons to use our services on your behalf and access any information we have that is related to you or your account. You are responsible for each authorised person performance of this Agreement.

If you have authorised a person to act on your behalf, the person must register an account with us and this person will also be bound by this Agreement.

Fees

We will charge you fees for the money transfer services we provide. Our fees are set out in our Tariffs that are available at our website.

Fees shall mean any fees, rates and charges levied by the Company for provision of services and which may be amended by the Company from time to time in accordance with these Terms. Fees are applicable to the You and are an integral part of these Terms. In case in relation to the You exist some special Fees and additional agreements, it should prevail over these Terms and general Fees in the frame and in relation to certain services, provided by the Company.

You expressly agree to duly pay for any services provided, e.g., for international payment transfers and currency conversions, withdrawals or amendments of payment transactions, searching and preparing printouts and documents, for performing any outstanding services for you by us and sending reminders. You expressly agree to pay all the applicable Fees.

You agree that any Fees that are due by you to us shall be withdrawn by the Company directly from Your account at any time.

We reserve the right to introduce new services and to, therefore, introduce new charges which You are obliged to pay in accordance with these Terms. New charges that are favourable to You may be introduced without prior notice.

We reserve the right to deduct all the losses resulting your unauthorised actions.

You remunerate the Company for opening, maintenance and closing of accounts, execution of the transactions and other services in accordance with the Fees. You are obligated to get yourself acquainted with the Fees and/or exchange rates.

We may make any amendments to the Tariffs. If we do so, we will notify you. You will be able to terminate this Agreement without any penalty before the changes take effect as noted in “COMMUNICATION” section.

You are required to keep sufficient amount of money on your payment account for us to deduct any fees or any money you owe us. We debit any monthly fee once per month in advance for the upcoming fee period, which is 30 calendar days.

You may also be responsible for paying taxes or costs that apply to payments that we are not responsible for collecting from you. In such case, you must pay the taxes or costs without delay.

You cannot borrow money from us and if your balance becomes negative, you must immediately top up your account to remedy this.

If you owe us money and do not top up your account, we may without notice:

suspend your account;
deduct the money from your payment account once it has funds (this can be in parts);
deduct money from your card;
exercise a right of set-off;
take any other legal steps to recover the money, e.g., instruct debt collectors or take you to court.

If we exercise any of the above rights, you may be required to pay our costs.

Refusal to open an account, suspension or closure of an account, refusal to make payment

We may refuse to open an account, suspend or close an account, or refuse to make a payment.

If we decide not to open an account, we will inform you about our decision.

We may also suspend or close your account or refuse a payment immediately if you break any of these Terms or if:

You do not meet the requirements of the prevention of money laundering and terrorist financing rules and regulations;
We suspect you of money laundering, terrorist financing or other criminal or illegal activity (e.g. fraud);
We suspect that your funds have been obtained by illegal means or their transfer is in any way unlawful or prohibited;
We suspect that you wish to use or are using the services for any restricted or prohibited activities;
You have caused or we have a good reason to believe that you may cause direct or indirect damage to the Company;
You are a politically exposed person;
You have been prosecuted and/or convicted for a financial or economic crime, fraud or another crime with regard to abuse of trust;
You or your activities belong to a risk level or group to which we do not provide services;
You have been declared bankrupt or insolvent;
We have asked you to pay the money you owe us, and you have not done so within a reasonable time;
If we have good reason to suspect that your behaviour is fraudulent;
If you have not given us (or someone acting on our behalf) any information we require, or we have good reason to believe that information you have provided is incorrect or is not true;
If we are required to do so under any regulation or because a court or an ombudsman requires us to do so;
We have become aware of any circumstances which have caused us to require examination of the origin of your funds or assets and verify their legality;
We are notified of your death;
We suspect that your credentials and/or the OTP have been used without your consent or these have been stolen or used to commit fraud;

We have a right and you agree that may suspend or close your account for any reason. We will notify you at least two months before we do so (except for the event specified above). If we close your account, your Agreement with us is terminated automatically.

Account closure

You can always terminate your Agreement with us. For termination of the Agreement please contact us as required in the section “COMMUNICATION”.

If there are any outstanding fees or if you owe us money for any reason, you will be required to pay this money to us immediately.

If you have paid your fees and do not owe us any money, we will give you reasonable opportunity to transfer or withdraw your remaining money, which is held on your account.

If you wish to close the account due to any other reason, please contact us as noted above. In those circumstances, your Agreement will terminate no later than one calendar month after the day on which you contacted us or earlier.

Restricted activities

The following activities are restricted:

Using the services in connection with illegal products or services and/or stolen goods including digital and virtual goods.
Transactions with sanctioned counterparties.
Any activity or omission that violates any law, statute, ordinance, regulation or good faith.
Any activity or omission that violates this Agreement concluded by you and the Company.

Request to perform a transaction

Your requests to provide you with services (transactions) must be unambiguous and executable. You must confirm all transactions with your credentials or in any other way we may request (e.g. by signing a hard copy). Such confirmation shall be deemed as your consent to perform the requested transaction.

You must ensure that your request complies with the applicable regulation, these Terms and other relevant requirements or practices applicable to that request.

personal information

To provide you with our services, we will need to record, store, process and transfer personal data in accordance with applicable personal data protection regulation. We will only use your personal information as set out in our Privacy Policy. We are a “data controller” in accordance with applicable Canadian data protection regulation.

By using our services, you give us consent to use your data to provide you with our services. If you have any queries or comments in respect of the Privacy Policy or how we use your data, please contact us at info@fortumstransact.com.

If you have any complaints about personal data handling by use, please contact us at info@fortumstransact.com. Alternatively, you may choose to file a complaint with the Office of the Privacy Commissioner of Canada by calling at 1-800-282-1376 (toll-free) or filing a report over the internet https://www.priv.gc.ca/en/contact-the-opc/

Disputes and complaints

Please contact if you have any issues or have a complaint. We will review the complaint and contact you within 15 business days if you are an individual and within 30 business days of are not.

If you are not happy with how we have resolved your complaint and you are a consumer, you may choose to complain about us, our products, services or actions to the Financial Consumer Agency of Canada. For more information on complaints please visit: https://www.canada.ca/en/financial-consumer-agency.html

If you are not happy with how we have resolved your complaint and you are a consumer, you may choose to file a claim to the Canadian Arbitration Association. For more information please visit:

Welcome to the Canadian Arbitration Association

Liability for loss or damage and limitation of liability

We are liable only for foreseeable loss and damage caused by us to you. If we fail to comply with these Terms, we assume liability for loss or damage you suffer that is a foreseeable result of our material breach of this Agreement or our failing to use reasonable care and skill. But in no way we assume any liability for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Agreement was made, both parties, e.g., we and you, knew it might happen.

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or negligence of our employees for fraud or fraudulent misrepresentation.

We are not liable for business losses. If you use the products and/or services for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

You shall be exclusively liable for all losses and expenses (fully and totally, without any limits, limitations and exclusions) relating to any unauthorized use of services, as well as in case(s) where you act fraudulently. We bear no responsibility for any transactions in the account regardless of who performed said transaction(s), unless we have been duly and timely notified by you of any unauthorized access to the account parameters and tools, and such tools and parameters have been consequently blocked.

We transfer funds at your expense and risk, unless agreed otherwise.

Indemnity

In addition and without prejudice to the powers, rights and remedies conferred on us herein and by any applicable law and statutory regulations, you shall hold us free from liability and hereby indemnify us against any loss, damage and expense (including but not limited to legal expenses) which we may sustain or incur as a consequence of (a) performing on any of you instruction and/or (b) providing any service to you and/or (c) any default in payment by you of any sum owing including but not limited to any interest/charge or fees paid or payable in the account.

You shall take every measure necessary in order to keep us indemnified from any responsibility for any your instruction/order given to us, and you shall cover all our losses, expenses and obligations arising out of and/or in connection with and/or as a result of the your negligence, malicious action and/or fault of your obligations, immediately upon our request.

You warrant to indemnify the Company against any losses, costs, liabilities, expenses, including attorneys’ fees arising out of Customer’s failure to fully comply with these Terms. You agree that the Company may deduct at its own discretion all the losses and expenses specified in these Terms.

Unauthorised payments

If an unauthorised payment made by our mistake or error, we will at your request as soon as reasonably practicable refund the amount of the unauthorised payment including all fees deducted by us and where applicable, restore the debited payment account to the state it would have been if the unauthorised payment transaction had not taken place.

This situation as mentioned above does not apply to the situations where:

You have acted fraudulently, in which case we will not refund you in any circumstances and you will be solely liable for all losses.
You did not notify us in a timely manner of any security issues with your payment account, in which case you will remain liable for any losses incurred up to the time when we receive the notification unless you have acted fraudulently.
You have either intentionally or due to gross negligence compromised security of your payment account or failed to comply with your obligations when using the account or have used it in a manner contrary to these terms.
You did not notify us about the unauthorised or incorrectly completed transaction within 13 months from the date of the payment. In such a case you shall be solely responsible for all losses.

It is your responsibility to regularly monitor your payment account and inform us of any unauthorised transactions, inconsistencies or concerns.

Correction, cancellation, investigation and refund of payments

You may apply to us for correction(s) in the payment order submitted to us. Nonetheless, we do not guarantee that the payment order will be corrected. If the payment order has not been executed yet, we shall ensure correction of the payment order as requested by you. If you wish to correct the payment order that has already been executed, we shall, to the extent possible, contact the beneficiary’s or correspondent bank to request corrections in the executed payment order; however, there is no guarantee that these corrections will be made.

You may apply to us for the cancellation of the payment order submitted to us. Nonetheless, we do not guarantee that the payment order will be cancelled. If the payment order has not been executed yet, we shall apply reasonable and available measures in order to ensure that the payment order will not be executed. If the you wish to cancel the payment order that has already been executed:

In case of an interbank payment – we shall, to the extent possible, contact the beneficiary’s or correspondent bank/money transfer services provider to receive back the funds transferred. We shall refund funds to the account only once we ascertain that the payment order has not been executed and after we receive the funds back from the beneficiary’s or correspondent bank/money transfer services provider;

In case of an intra-bank payment – we shall, to the extent possible, try to contact the beneficiary to obtain its consent to the payment refund. Payment shall be refunded to the remitter only after the beneficiary consents to the same.

Upon receiving the your application and all necessary supporting evidence, we shall investigate a transfer of funds transferred by you or addressed to you and not received.

We would withhold the fees and rates from you for correction, cancellation, investigation and refund of payments, as well as all fees and charges withheld by other money transfer services providers/banks involved in the respective actions and processes.

Other important provisions

You or any of your successors may not assign this Agreement, or any rights hereunder, directly or by operation of applicable regulation, without the prior written consent of the Company which consent may be withheld for any reason, at the Company’s sole discretion. The Company may assign any of its rights or obligations hereunder without prior notice to you or your consent.

This Agreement and the provisions hereof shall ensure to the benefit of and be binding upon the parties and their respective successors and permitted assigns.

You shall be liable for and shall reimburse the Company for any and all reasonable attorneys’ fees and other costs and expenses paid or incurred by the Company in the enforcement of this Agreement, or in collecting any amounts due from you hereunder, or resulting from any breach of any of the provisions of this Agreement by you. You shall also be responsible for any and all costs, fees or expenses of the Company in relation to or arising from responding to third party requests for data or your information by third parties including but not limited to subpoenas or court orders for the same.

Until all funds owed are paid or discharged in full, you shall not, by paying off any sum recoverable by the Company or by any other means or on any other ground, claim any set-off or counter claim against the Company in respect of any liability of the Company towards you or any third party. You agree that nothing in the arrangements between the Company and you and/or any third party shall be treated as constituting an implied agreement restricting or negating any lien, charge, pledge, right of set-off or other right for the Company.

The Company is entitled to exercise a lien over any and all of your assets, funds and properties which (for any reason) are in or which howsoever come into the possession or control of the Company. The Company may dispose of or sell such assets, funds and properties and apply the proceeds of sale after deduction of expenses to satisfy any obligations, indebtedness and liabilities owed by you to the Company.

If any provision, term or condition herein in these Terms and/or in any other document, procedure and the like incorporated herein by the reference respectively is or becomes illegal, void, invalid, prohibited or unenforceable in any respect, the same shall be ineffective to the extent of such illegality, voidness, invalidity, prohibition or unenforceability without invalidating in any manner whatsoever the remaining provisions of these Terms or any other document, procedure and the like incorporated herein by a reference respectively, as the case may be.

Terms and the business relations regulated by these Terms shall be governed by and construed in all respects in accordance with the laws of the Province of British Columbia, Canada.

Any dispute and complaint between the Company and you shall be resolved by way of negotiations.

In case the Company and you fail to resolve a dispute or complaint in an amicable way in 30 (thirty) days’ time, any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be resolved by the courts of Canada in accordance with Canadian law.

In enforcing its rights, the Company may initiate and take actions or proceedings or otherwise against you and any third party and/or elsewhere as the Company may deem fit.

The Company has a right but is not obliged to provide the reason for non-entering into business relations with you and/or provision of a service.

The parties hereto agree that this Agreement is drafted and executed in the English language.

The division of these Terms into sections and the insertion of headings are for convenience of reference only and shall not affect the construction or interpretation of these Terms. In these Terms, words importing the singular number include the plural and vice versa; words importing gender include all genders; and words importing persons include individuals, sole proprietors, partnerships, corporations, trusts, other entities and unincorporated associations.

The following Sections shall survive termination of this Agreement: GENERAL PROVISIONS, Refusal to open an account, suspension or closure of an account, refusal to make payment, Fees, Liability for loss or damage and limitation of liability, indemnity, Other important provisions.