Welcome to Broadsend (the &aps;Site&aps;), owned and operated by Broadsend Technology Ltd., a company duly incorporated in Canada(referred to interchangeably as "Broadsend," the "Company," "we," or "us," along with all its subsidiaries). Please be aware that the Service may be provided by any of BroadsendU+2019s affiliated companies, depending on your location. Broadsend is not a financial institution. By visiting our website, accessing information, resources, services, products, and tools provided, you acknowledge and agree to accept and adhere to the terms and conditions outlined in these Terms of Service (hereafter referred to as the &aps;User Agreement&aps;). Additionally, you agree to the terms and conditions as stated in our Privacy Policy (as defined below). The following categories of individuals are encompassed by the terms of this User Agreement: Site Visitors: All individuals visiting the Company's website located at https://www.Broadsend.co. Application Users: Individuals who download or use the Company's mobile application (the "Application"). Clients: Individuals who enroll for the Company's Services. Collectively, Site Visitors, Application Users, and Clients are referred to as "Users" or "you" and "your." The Website, the Application, and the Services (as defined below), and all content contained therein are collectively referred to as the "Resources," as further described in this User Agreement. Each of the Company and you are referred to as a “Party” and together, the “Parties”. We reserve the right to modify this User Agreement at any time without notice by posting an updated copy to the Site. You acknowledge and agree that it is your responsibility to periodically review this User Agreement to familiarize yourself with any modifications. Your continued use of this Site after such modifications constitutes acknowledgment and agreement to the modified terms and conditions.
1. Acceptable Use and Conduct
We have the right at our sole discretion to remove any content that we feel in our judgment does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any third-party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.
2. Services and Payments
(a) Resources:
Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, non-sublicensable, revocable license to use the Resources for your personal, noncommercial use only and as permitted by the features of the Service. The Company reserves all rights not expressly granted herein in the Resources and the Company Content (as defined below). The Company may terminate this license at any time for any reason or no reason.(b) Permitted Usage:
You are permitted only one Account where your Available Balance is located. Remittance Services may not be activated unless we have been provided with the required information so that we may identify you and can comply with all applicable Customer Due Diligence and KYC requirements. We shall keep records of such information and documents in accordance with all applicable legal and regulatory requirements. Any Transaction on your Account in a currency other than the currency in which your Account is denominated, will require a currency conversion using an Applicable Exchange Rate. No interest is accruable on the Available Balance on your Account as we do not offer a savings account. The Remittance Services are not a credit or bank product, you must therefore ensure that you have a sufficient Available Balance from time to time to pay for your Transactions and applicable Fees as set forth on the Fee Schedule. If for any reason a Transaction is processed, and the Transaction amount exceeds the Available Balance, you must repay us the amount of such excess immediately and we shall be entitled to stop any existing or subsequent Transactions from proceeding. This Agreement does not give you any rights against the Account Schemes, its affiliates or any third party. In the event we make a Transaction and credit your Account by mistake we reserve the right to automatically deduct the amount transfer in excess form the Available Funds. Only persons over 18 years of age are entitled to register for the Remittance Services. To access your Account at any time, we will be asking for your Access Codes (as defined herein). As long as the correct Access Codes are entered, you will be liable for any usage of your account, except to the extent provided for herein. We can refuse to act on any instruction that we believe: (i) was unclear; (ii) was not given by you; or (iii) might cause us to breach a legal or other duty; or if we believe the Remittance Service is being used for an illegal purpose. We will do all that we reasonably can to prevent unauthorised access to the Account. As long as you have not breached the other terms contained in this Agreement, we will accept liability for any loss or damage to you resulting directly from any unauthorised access to the Account subject to the terms hereof.(c) Managing & Protecting Your Account:
You are responsible for the safekeeping of your username and password for your Account (“Access Codes”) and the personal identification number for your Account (“PIN”). Do not share your PIN with anyone. You must keep your PIN safe, and separate from your Account or any record of your Account number and not disclose it to anyone else. This includes measures like: (i) memorising your PIN as soon as you receive it, and destroying the post mail or other authorised communication used to transmit it to you; (ii) never writing your PIN on your Account or on anything you usually keep with your Account; (iii) keeping your PIN secret at all times, including by not using your PIN if anyone else is watching; (iv) not disclosing your PIN to any person. The user of the Account(s) must sign the signature strip on any Personalised If you believe that someone else knows your Account or Account security details, you should contact us immediately.(d) Verification of Identity:
You acknowledge that we are required by law to carry out all necessary security and customer due diligence checks on you in order to provide the Services to you. You may need to provide additional information (in a format acceptable to us) so we can verify your identity as a condition of processing your payment order, opening your Account, or otherwise providing our Services to you. We may make, directly or through any third party, any inquiries we consider necessary to validate information that you provide to us, including checking commercial databases or credit reports. You authorise us to obtain one or more of your credit reports, from time to time, to establish, update, or renew your Account with us, or in the event of a dispute relating to this Agreement and/or activity under your Account.(e) Termination or Suspension of Your Account and/or Processing of Transactions:
We may, at any time, terminate your Account or any service associated with it without giving any prior notice or reason for doing so. You may terminate your Account with us at any time, with 30 days prior written notice to us. We may at any time suspend or terminate your Account without notice if: you breach any provision of this Agreement or documents referred to in this Agreement; we have reason to believe you are in violation of any applicable law or regulation; we are requested or directed to do so by any competent court of law, government authority, public agency, or law enforcement agency; or we have reason to believe you are involved in any fraudulent activity, money laundering, terrorism financing or other criminal and/or illegal activity. We may suspend your Account at any time if: we believe that your Account has been compromised or for other security reasons; or we suspect your Account has been used or is being used without your authorisation or fraudulently, and we will let you know as soon as we can if we need to suspend your Account, unless notifying you would be unlawful or compromise our reasonable security interests. If you wish to terminate the Remittance Services at any time, you must request termination by contacting us. We will refund to the you any Available Balance less any Fees and charges payable to us, provided that you have not acted fraudulently or with gross negligence or in such a way as to give rise to reasonable suspicion of fraud or gross negligence; and we are not required to withhold your Available Balance by law or regulation, or at the request of the police, a court or any regulatory authority. If, following reimbursement of your Available Balance, any further Transactions are found to have been made or charges or Fees incurred using the Account(s) or we receive a reversal of any prior funding Transaction, we will notify you of the amount and you must immediately repay to us such amount on demand as a debt. On termination for any reason all rights granted to you in connection with the App shall cease, you must immediately delete or remove the App from your devices.(f) Liability for Unauthorised or Incorrectly Executed Transactions:
Subject to this Agreement we will reimburse you in full for all unauthorised Transactions sent from your Account immediately and in any event no later than the end of the following Business Day after noting or being notified of the Transaction (except where we have reasonable grounds for suspecting fraud), provided that you have informed us of the unauthorised Transaction without undue delay after becoming aware of the Transaction and in any event, no later than 13 months after the Transaction was executed. Where applicable, we shall restore your Account to the state in which it would have been had the unauthorised Transaction not taken place, so that that the credit value date shall be no later than the date the amount had been debited. You may be liable for losses relating to any unauthorized Transactions resulting from the use of a lost or stolen Account or the misappropriation of your Account, unless the loss, theft or misappropriation was not detectable to you prior to payment (except where you acted fraudulently) or was caused by acts or lack of action of our employee, agent, branch or service provider. You are liable for any losses incurred by an unauthorised Transaction if you have acted fraudulently or failed either intentionally or through gross negligence, to use your Account in accordance with the terms of this Agreement or to keep your Access Codes confidential and secure in accordance herewith. We shall not liable for a refund or losses incurred by an incorrectly or non-executed payment Transaction if the details of the payee’s account provided by you were incorrect or we can prove that the full amount of the Transaction was duly received by the Remittance Service provider of the payee. We shall not be liable for any unauthorised or incorrectly executed Transactions in case the Transaction was affected by abnormal and unforeseeable circumstances beyond our reasonable control or where we acted in accordance with a legal obligation. If at any time we have incorrectly deducted money from your Available Balance, we shall refund the amount to you. If we subsequently establish that the refunded amount had been correctly deducted, we may deduct it from your Available Balance and may charge you a Fee. If you do not have sufficient Available Balance, you must repay us the amount immediately on demand. Where any request, Transaction, disputed Transaction, arbitration or reversed Transaction involves third party costs, you remain liable for these and they will be deducted from your Account or otherwise charged to you.3. Termination of Use
(a) Limited License:
You agree that we may, at our sole discretion, suspend or terminate your access to all or part of the Resources with or without notice and for any reason, including, without limitation, breach of this User Agreement, and nonpayment of any Fees. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any Registration Information.4. Data Retention, Usage, and Privacy Policy
(a) Generally:
In Canada, Broadsend is registered and regularised by the Financial Transactions and Report Analysis Centre of Canada under registration number 23794086. In order for us to provide you with the services relating to your Account, we are required to collect and process personal data about you, with your consent or on a legal basis to meet our obligations for Anti-Money Laundering legislation or other governmental organization. Where applicable, if an Account holder is under 13, then parental consent is explicitly required.(b) Privacy
Policy:Your privacy is very important to us, which is why we’ve created a separate Privacy Policy. To read our Privacy Policy in its entirety, click here.(c) Data Retention:
The Company has adopted certain practices and procedures with respect to data collected and retained by the Company in connection with the provision of the Resources to Subscribers, and records related thereto, including Registration Information (the ‘Data’) to ensure (i) the Data is adequately protected and maintained, (ii) that Data no longer needed by the Company or which is of no value is discarded at the proper time, and (iii) that Data belonging to Subscribers are safely and properly retained as needed and, when appropriate, returned or destroyed. (d) Document Destruction:The Company will keep and retain information, data, and User Content you submit through the Application in accordance with the record retention policy of your respective academic institution or in accordance with applicable law, whichever is longer, after which time the Data will be (i) archived or (ii) deleted, in the Company’s sole discretion. If the Company elects to delete the data it will take reasonable efforts delete, remove, or otherwise destroy any such Data in its possession. (e) Disclosures:You may request a copy of any legally required disclosures (including this Agreement) from us via the contact details and we will provide this to you in a form which enables you to store the information in a way that is accessible for future reference for a period of time adequate for the purposes of the information and which allows the unchanged reproduction of the information stored. (f) Availability: We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to Users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.5. Proprietary Rights
Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content belonging to other Users (the “the Company Content”), and all Intellectual Property Rights related thereto, are the exclusive property of the Company and its licensors (including other Users who post User Content to the Service). Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any the Company Content. Use of the Company Content for any purpose not expressly permitted by this Agreement is strictly prohibited. You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place the Company under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, the Company does not waive any rights to use similar or related ideas previously known to the Company, or developed by its employees, or obtained from sources other than you. You acknowledge that you do not possess any rights of access or rights to data stored by or on behalf of the Company on the Company servers, including without limitation any data representing or embodying any or all of your the Company Property. All data on the Company’s servers are subject to deletion, alteration or transfer.
6. Limitation of Liability
(a) Representations and Warranties:
By using our website, you understand and agree that all Resources we provide are “as is” and “as available”. Company makes no representations or warranties except as otherwise contained herein. The Use of the Service is at your own risk. To the maximum extent permitted by applicable law, the Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. No advice or information, whether oral or written, obtained by you from The Company or through the Service will create any warranty not expressly stated herein. Without limiting the foregoing, The Company, its subsidiaries, its affiliates, and its licensors do not warrant that the content is accurate, reliable or correct; that the Service will meet your requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the Service. Further, The Company does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or service, and The Company will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.(b) Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall The Company, its affiliates, agents, directors, employees, suppliers or licensors be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Service. Under no circumstances will The Company be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Service or your account or the information contained therein. To the maximum extent permitted by applicable law, The Company assumes no liability or responsibility in relation to any action arising in contract, tort, negligence, strict liability, or any other basis, for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the Service; (v) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our service by any third party; (vi) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; (vii) User Content or the defamatory, offensive, or illegal conduct of any third party; (viii) any act, omission, transaction, or exchange of services by and between Users; (ix) injury or harm resulting from or in connection with advice, counseling, or services given by Providing Users to Client Users. In no event shall The Company, its affiliates, agents, directors, employees, suppliers, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount you paid to The Company hereunder or $100.00, whichever is greater. To the fullest extent permitted by relevant law, our total liability under or arising from this Agreement shall be limited to replacement of the Account, where your Account is faulty due to our default or, at our discretion, repayment to you of the Available Balance.(c) Indemnification
You shall defend, indemnify and hold harmless the Company and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors (the “Indemnified Parties”), from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses including but not limited to attorney’s fees (each, a “Claim”) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) breach of any term of this Agreement; (iii) breach of any third-party right and Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) User Content or any content that is submitted by you including without limitation misleading, false, or inaccurate information; (vi) your willful misconduct; or (vii) any other party’s access and use of the Service with your unique username, password or other appropriate security code.(d) Third Party Content:
We may provide, or third parties may provide, links to other worldwide websites or resources. You acknowledge and agree that we are not responsible for such external sites or resources, and do not endorse (and are not responsible or liable for) any content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that, under no circumstances, will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, advertisements, products or other resources available on any other website (regardless of whether we directly or indirectly link to such content, advertisements, products or other resources). You should direct any concerns with respect to any other website to that website’s administrator or webmaster.(e) Information Security
We use commercially reasonable and technical safeguards to preserve the integrity and security of your personal information and implement your privacy settings. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes, or that our our Services will be free from bugs or virus. You acknowledge that you provide your personal information at your own risk. You must not misuse our Services by introducing viruses, trojans, worms, logic bombs or other materials which are malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, our servers, computers or databases. You must not attack our Website with any type of denial of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website and/or our Services will cease immediately.(f) No Professional Advice:
No information contained in the Service shall be construed as professional advice. You are required to seek independent professional advice from a person who is licensed and/or qualified in the applicable area.(g) Apple Store Conditions:
The following terms apply when you download the App from Apple, Inc.’s (“Apple”) App Store. These terms are in addition to all other terms contained in the Agreement. You acknowledge and agree that (i) the Agreement is concluded between you and the Company only, and not Apple; and (ii) the Company, not Apple, is solely responsible for the App and content thereof. Your use of the App must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of any of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the applicable App to you and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. As between the Company and Apple, any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be the sole responsibility of the Company. You acknowledge that, in the event of any third-party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, as between the Company and Apple, the Company, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim to the extent required by the Agreement. You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of the Agreement as related to your license of the App, and that, upon your acceptance of the terms and conditions of the Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement as related to your license of the App against you as a third-party beneficiary thereof.(h) Disclaimers:
The Company shall not be liable: For your inability to use the Account or Remittance Services for any reasons; for any fault or failure beyond our reasonable control relating to the use of the Remittance Services, including but not limited to, a lack of Available Balance or fault in or failure of data processing systems; for any loss, fault or failure relating to the use of a Third-Party Provider, if a Merchant refuses to accept a Payment or fails to cancel an authorisation; for the goods or services that are purchased with your Account; for any dispute you might have with a Merchant or other user of the Remittance Service where you acted with undue delay, fraudulently, or with gross negligence (including where losses arise due to your failure to keep us notified of your correct personal details).(i) Authorized Use:
You agree that you will not use the Remittance Services in an illegal manner and you agree to indemnify us against any claim or proceeding brought about by such illegal use of the Remittance Services by you. Nothing in this Agreement shall exclude or limit either Party's liability in respect of death or personal injury arising from that party's negligence or fraudulent misrepresentation. No party shall be liable for, or be considered in breach of this Agreement on account of, any delay or failure to perform as required by this Agreement as a result of any causes or conditions which are beyond such Party's reasonable control.7. Intellectual Property rights
(a) Our Materials:
While you are using our Services, you may use Our Materials and our intellectual Property rights only for your personal use and solely as necessary in relation to those Services. "Our Materials" includes any software (including without limitation developer tools, sample source code, and code libraries), data, materials, content and printed and electronic documentation (including any specifications and integration guides) developed and provided by us or our affiliates to you for download from our Website. You may not, and may not attempt to, directly or indirectly: transfer, sublicense, loan, sell, assign, lease, rent, distribute or grant rights in the Service or the Our Materials to any person or entity; remove, obscure, or alter any notice of any of our trade marks, or other "intellectual property" appearing on or contained within the Services or on any Our Materials; modify, copy, tamper with or otherwise create derivative works of any software included in the Our Materials; or reverse engineer, disassemble, or decompile the Our Materials or the Services or apply any other process or procedure to derive the source code of any software included in the Our Materials or as part of the Services. For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.(b) User Content:
The Company takes no responsibility and assumes no liability for any User Content that you or any other User or third-party posts, sends, or otherwise makes available over the Service. You shall be solely responsible for your User Content and the consequences of posting, publishing it, sharing it, or otherwise making it available on the Service, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. We do not assume any liability for any content posted by you or any other third-party users of our website. However, any content posted by you using any open communication tools on our website, provided that it doesn’t violate or infringe on any third party copyrights or trademarks, becomes the property of the Company and as such, gives us a perpetual, irrevocable, worldwide, royalty-free, exclusive license to reproduce, modify, adapt, translate, publish, publicly display and/or distribute as we see fit. For the avoidance of doubt, this does not refer to Registration Information. All Registration Information is covered by our Privacy Policy.8. Dispute Resolution
(a) Dispute Resolution Procedure:
We are dedicated to ensuring a superior customer experience for all our clients. If we fall short of your expectations in any aspect, we welcome the opportunity to make things right. Initially, please reach out to our Customer Services Team using the contact information in the provided section. They will attentively listen to your concerns and make every effort to promptly and equitably address the issues. We highly appreciate the chance to assess and enhance our business practices to meet our customers' expectations. If, after receiving a response from our Customer Services Team, you remain dissatisfied with the resolution, kindly communicate with the Complaints Team in writing via email. Upon receipt, the Complaints Team will conduct an investigation and provide findings within 15 days of receiving the complaint. In cases where an initial response cannot be provided within the first 15 days, we commit to explaining the delay and setting a deadline for response, not exceeding 35 days from the initial receipt of the complaint. If the Complaints Team is unable to resolve your complaint and you wish to escalate it further, please contact the Ombudsman for Banking Services. It is essential to furnish us with all relevant receipts and information pertinent to your claim.(b) Arbitration:
If, after exhausting the procedures outlined in Section 8 above, you and the Company are unable to reach a satisfactory resolution of any claim, cause of action, disagreement, or dispute (a “Claim”) then such Claim, except a threat to or breach of Section 7 hereof (which threat or breach shall be subject to remedies at law or at equity in a court of competent jurisdiction, including but not limited to injunctive relief) shall be subject the following dispute resolution process. In the event of such a disagreement or dispute, the Parties shall submit to third-party mediation by a reputable mediation service, or, if the Parties are unable to agree upon a mediator, by a mediator selected by the American Arbitration Association. If such mediation fails, the Parties may invoke arbitration. Such arbitration shall be held in Delaware, United States and shall be conducted by an arbitrator agreed to by the Parties, or, if the Parties are unable to agree upon an arbitrator, by an arbitrator provided by the American Arbitration Association. Company may require that such an arbitrator sign a certification stating that said arbitrator is not acquainted with either of the Parties or either of the Parties' counsel.(c) Attorney's Fees:
In the event the Company brings any action at law or at equity for the enforcement of any rights hereunder or in connection with any claim, controversy, or dispute arising from or in connection with this Agreement, the Company shall be entitled to collect from the Client, in addition to any damages, all costs, fees, and expenses incurred in such dispute, including but not limited to reasonable attorneys' fees.(d) Waiver of Jury Trial:
EACH PARTY WAIVES ITS RESPECTIVE RIGHTS TO A TRIAL BY JURY OF ANY CLAIM OR CAUSE OF ACTION BASED UPON OR ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY IN ANY ACTION, PROCEEDING OR OTHER LITIGATION OF ANY TYPE BROUGHT BY ANY PARTY AGAINST THE OTHER PARTY OR ANY AFFILIATE OF SUCH OTHER PARTY, WHETHER WITH RESPECT TO CONTRACT CLAIMS, TORT CLAIMS OR OTHERWISE. THE PARTIES AGREE THAT ANY SUCH CLAIM OR CAUSE OF ACTION SHALL BE TRIED BY A COURT TRIAL WITHOUT A JURY. WITHOUT LIMITING THE FOREGOING, THE PARTIES FURTHER AGREE THAT THEIR RESPECTIVE RIGHT TO A TRIAL BY JURY IS WAIVED BY OPERATION OF THIS SECTION AS TO ANY ACTION, COUNTERCLAIM OR OTHER PROCEEDING WHICH SEEKS, IN WHOLE OR IN PART, TO CHALLENGE THE VALIDITY OR ENFORCEABILITY OF THIS AGREEMENT OR ANY PROVISION HEREOF. THIS WAIVER SHALL APPLY TO ANY SUBSEQUENT AMENDMENTS, RENEWALS, SUPPLEMENTS OR MODIFICATIONS TO THIS AGREEMENT. EACH PARTY ACKNOWLEDGES THAT IT HAS RECEIVED THE ADVICE OF COMPETENT COUNSEL.(e) Waiver of Class Action:
With respect to all persons and entities, regardless of whether they have obtained or used the Service for personal, commercial or other purposes, all Claims must be brought in the parties' individual capacity, and not as a plaintiff or class member in any purported class action, collective action, private attorney general action or other representative proceeding. This waiver applies to class arbitration, and, unless we agree otherwise, the arbitrator may not consolidate more than one person's Claims. You agree that, by entering into this Agreement, you and The Company are each waiving the right to a trial by jury or to participate in a class action, collective action, private attorney general action, or other representative proceeding of any kind.9. Applicable laws and Jurisdiction.
This Agreement and any claim or controversy arising hereunder or in connection herewith shall be governed by and construed in accordance with the laws of Delaware without giving effect to any choice or conflict of law provision or rule, and any conflict arising thereof, after exploring all resolutions contained in section 9 above shall be submitted to the exclusive jurisdiction of the appropriate courts in Delaware. Each of the Parties irrevocably and unconditionally waives any objection to the laying of venue of any dispute, action, suit or proceeding arising out of this Agreement10. Miscellaneous Provisions
(a) Regulatory Information:
The Remittance Services, and Account are not deposit, credit or banking products.(b) Severability:
If any provision of this User Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.(c) Amendments:
We may modify this Contract, our Privacy Policy and our Cookies Policy from time to time. If we make material changes to it, we will provide you notice through our Site, or by other means, to provide you the opportunity to review the changes before they become effective. If you object to any changes, you may close your account and terminate your use of the Resources. Your continued use of our the Resources after we publish or send a notice about our changes to these terms implies consent to the updated terms as of their effective date.(d) Assignment:
We may assign our rights and obligations under this User Agreement without prior written notice. This User Agreement will inure to the benefit of our successors, assigns and licensees.(e) Waiver:
The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of this User Agreement, or to exercise any right under this User Agreement, will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full force and effect.(f) Business Days:
If any time period for giving notice or taking action hereunder expires on a day which is a Saturday, Sunday or legal holiday in delaware, the time period shall automatically be extended to the business day immediately following such Saturday, Sunday or legal holiday.(g) Construction:
In the event an ambiguity or question of intent or interpretation arises, this User Agreement shall be construed as if drafted jointly by the Parties and no presumption or burden of proof shall arise favoring or disfavoring any Party by virtue of the authorship of any of the provisions of this Agreement. (i) Notices:Key information relating to your Transactions will be provided to you at the email address you register with us and/or in your Account. You may access, download and print this information at any time by logging in to your Account. In addition, you agree that we may provide notices or other information to you from time to time by posting it in your Account, emailing it to your registered email address, mailing it to your registered physical address, calling you by phone or sending you mobile messages. Notices to you by email or mobile messages shall be deemed given 24 hours after the email is sent, unless the sending party is notified that the email address is invalid. Notices sent by registered mail shall be deemed to have been received three days after the date of mailing.(h) Contact Information
If you have any questions or comments about this User Agreement as outlined above, you can contact us at:Definitions
“Account“ or “E-Wallet” means a data account in our systems where we record your Available Balance, Transaction Data and other information from time to time; “Account Information Service” means an online service to provide consolidated information on one or more payment accounts held by the Remittance Service user with another Remittance Service provider or with more than one Remittance Service provider; “Account Information Service Provider” or “AISP” means the supplier of an Account Information “App” means the mobile application software, the data supplied with the software and the associated media. “Applicable Exchange Rate” the exchange rate available here. “Authorised Person” means any person to whom you authorise us to access your Account; “Available Balance” the amount of E-money issued by us to you but not yet spent or redeemed; “Business Day“ means Monday to Friday, 0900hrs to 1700hrs EDT (GMT-4), excluding bank and public holidays in the USA; “Customer Due Diligence” the process we are required to go through to verify the identity of our Customers; “Customer Funds Account” the segregated bank account where we hold relevant funds corresponding to your Available Balance "Fees" the fees payable by you for the Remittance Services; “Minimum Age” means the greater of (i) 13 years old or (ii) the age required by applicable law, if such law requires that you must be older in order for us to lawfully provide the Services to you without parental consent (including using of your personal data). “Broadsend affiliate” means the any and all of the following entities that provide the Service depending on your location:Broadsend Technologies Ltd if you are located in Nigeria. “Remittance Services” means the services supplied by us to you under this Agreement, including remitting of funds; “Service” means all the services supplied by us to you under this Terms of Service, including the Remittance Services. “Simplified Due Diligence” means a lighter form of Customer Due Diligence, resulting in certain lower Account and Account limits; “Transaction“ a Direct Debit, a Transfer or a SEPA Transfer; “Transaction Data” means all the data requires for a Transaction to be completed. “Transfer” a transfer of E-money from one Account to another Account. Stay updated with Broadsend by signing up for ourQuality Products and Service You Can Trust
