This User Agreement is effective as of 2020-10-01 and governs the terms under which you may access and use Sekka Money Service Provider websites (for purposes of this User Agreement, "www.sekka.co" includes our mobile applications) and the services associated with it (together, the "Service"). Do not access or use the Service if you do not agree to be bound by the User Agreement. By accessing and using the Service, you are agreeing to the User Agreement.
As used throughout this User Agreement, the terms "Sekka Money Service Provider Inc.", "we", "us", and "our" refer to Sekka Money Service Provider Inc. a Ontario, Canada corporation, together with its employees, consultants, directors, successors, affiliates, and assignees. The terms "you" and "your" refer to users of the Service, whether in their capacity as Senders, Recipients, or visitors to our websites.
1. OVERVIEW OF THE SERVICE
The Service was created to help our customers send money transfers to family and friends. We recommend that you use the Service only to send money to people you know personally. You should never use the Service to send money to strangers.
The Service allows people to send and receive money around the world. A "Sender" is someone who uses the Service to send money. A "Recipient" is someone who receives money from a Sender through the Service. The "Recipient Country" is the country in which the Recipient receives money through the Service. A "Transaction" is a specific instruction to send money through the Service. The "Transaction Amount" is the amount that the Sender provides to Sekka Money Service Provider Inc. to send the Transaction. The "Payout Amount" is the amount paid out to the Recipient, excluding any taxes or charges that may be levied under the laws of the Recipient Country (the "Local Taxes").
2. ACCESSING THE SERVICE
- a. Eligible Users. You must be at least eighteen (18) years old to access or use the Service as a Sender. You must be able to form legally binding contracts under applicable law. Other restrictions may apply.
- b. Mobile Services. The Service is also accessible via a mobile device. To the extent you access the Service through a mobile device, your wireless service carrier's standard charges, data rates and other fees may apply.
- c. Not Available to Certain Users. The Service may not be available in whole or in part in different countries and jurisdictions as determined by local laws and regulations.
3. OFFER AND ACCEPTANCE
If you submit a Transaction, you are requesting that we process your Transaction, an offer which we may accept or reject at our sole discretion from our place of business in [Ontario, Canada].
- a. Charges. For each Transaction that you submit, you agree to pay us a transfer fee (the "Transfer Fee") plus the Transaction Amount. Additional charges may apply. Payment is due at the time your Transaction is submitted for processing. Sekka Money Service Provider Inc. only accepts payment in Canadian Dollars. If you submit a Transaction that results in Sekka Money Service Provider Inc being charged non-sufficient fund fees, chargeback fees, or other similar fees, you agree to reimburse us for all such fees. In some instances, for Transactions funded from the Sender's bank account, you agree that Sekka Money Service Provider Inc. may debit your bank account for less than the amount of the transfer (i.e., for a transfer of $500, Sekka Money Service Provider Inc. may debit $499.98 from the bank account), as part of our effort to confirm ownership of the account.
- b. Payment. In order for us to collect payment from you, you authorize us to access, charge, or debit funds from any of the payment instruments you provide us in connection with your use of the Service (each, a "Payment Instrument") including, for example, your debit card or bank account. If your payment fails or is insufficient, you authorize us to re-try one or more times using the same or a different Payment Instrument. For example, if there are insufficient funds in your bank account at the time you submit your Transaction, we may try to debit your bank account at a later time. You represent and warrant that you are the lawful owner of your Payment Instrument(s).
- c. Other Charges. Sekka Money Service Provider Inc. is not responsible for any fees or charges that may be imposed by the financial institutions associated with your Payment Instruments.
- d. Foreign Currencies. Sekka Money Service Provider Inc. and its Service Providers (defined below) usually make money when you pay for a Transaction in one currency and the Transaction is paid out in another currency, which is based on the difference between the exchange rate at which we buy foreign currency and the exchange rate provided to you.
5. TRANSACTION PAY OUTS
- a. Service Providers. We work with local banks, money exchange houses, and other third-party service providers (each, a "Service Provider") to pay funds out to Recipients. You, in your capacity as a Sender, hereby appoint your Recipient as your agent for the purpose of receiving funds in connection with the Service. We attempt to provide up-to-date information on our websites regarding the location, availability, and hours of our Service Providers. However, you agree that Sekka Money Service Provider Inc. is not responsible for any inaccurate or incomplete information that may be posted on its websites.
- b. Verification. Recipients may be required to prove their identity before receiving funds by presenting valid, unexpired identification document(s) from a list of acceptable forms of identification. In addition, Recipients may be required to provide a Transaction number, a personal identification number (or PIN), a "password", a "secret word", and/or another, similar identifier associated with their Transaction. You give Sekka Money Service Provider Inc. permission to store all such data, as necessary to provide the Service.
- a. General. We may, at any time and in our sole discretion, refuse any Transaction or limit the amount to be transferred, either on a per Transaction basis or on an aggregated basis without prior notice. Any such limits may be imposed on individual accounts, linked accounts, or on related accounts or households, in Sekka Money Service Provider Inc. sole discretion. We reserve the right at any time, and from time to time, to modify or discontinue the Service (or any part thereof) with or without notice.
- b. Delays. Your Transaction may be delayed or cancelled in the course of our efforts to verify your identity, validate your Transaction instructions and Payment Instruments, contact and locate you or your Recipient, and otherwise comply with applicable law. Business hours and currency availability of our Service Providers may also cause delays. Nevertheless, you may be entitled to a refund in certain circumstances, as described below in Section 9.
- c. Commercial Transactions. The use of the Service for commercial purposes is prohibited. You agree that you will only use the Service to send money to people that you know personally and for personal reasons. If Sekka Money Service Provider Inc. discovers you are using the Service to purchase goods or services, we may cancel your Transaction(s) and close your account.
- d. Unauthorized Transactions. You may not use the Service in violation of this User Agreement or applicable laws, rules or regulations. It is a violation of the User Agreement to use the Service for commercial purposes, including (without limitation) for purchases of goods or payments for services of any kind. Sekka Money Service Provider Inc. may cancel any Transaction and close any account that it suspects is being utilized for any of the following activities (without limitation): sexually-oriented materials or services; gambling activities; fraud; money-laundering; funding terrorist organizations; purchase or sale of tobacco, firearms, prescription drugs, or other controlled substances; or sending money to a Recipient that has violated the User Agreement. If you use the Service in connection with illegal conduct, Sekka Money Service Provider Inc. reserves the right to report you to the appropriate law enforcement agency or agencies.
- e. Ineligibility. Not all Payment Instruments are available to all customers at all times. We may, in our sole discretion, refuse Transactions funded from certain Payment Instruments. We may, at our sole discretion, refuse Transactions from certain Senders and to certain Recipients, including without limitation, entities and individuals that are included on the Specially Designated Nationals list, Non-cooperative Countries and Territories list, and such other lists as may be issued from time to time by the U.S. Department of Treasury and other government agencies.
- f. Others. You may not submit or receive a Transaction (i) on behalf of any other person, (ii) on behalf of a business or other non-human entity or (iii) on behalf of a charitable organization without Sekka Money Service Provider Inc. express consent. We may, at any time and in our sole discretion, (A) refuse any Transaction, or (B) close multiple accounts held by an individual, persons related to the individual or persons living in the same household as the individual.
- g. No Changes. We generally do not let you change the details of your Transaction once it has been submitted to us for processing. It is your responsibility to make sure your Transaction details are accurate.
- h. Restricted Activities. In connection with your use of our websites or the Service, or in the course of your interactions with Sekka Money Service Provider Inc., a Sender, Recipient or a third party and, in addition to other restrictions in this User Agreement, you will not:
- i. Breach this User Agreement, or any other agreement between you and Sekka Money Service Provider Inc.;
- ii. Open more than one account;
- iii. Provide false, inaccurate, or misleading information;
- iv. Refuse to cooperate in an investigation or provide confirmation of your identity or any information you provide to us;
- v. Use an anonymizing proxy; and
7. ERROR AND PROBLEMS
- a. Errors. You have a right to dispute errors in your Transaction. If you think there is an error, contact us before funds have already been picked up, deposited, or delivered to the Recipient at +1(844) 722-3322
- i. You can cancel for a full refund within 30 minutes of authorizing your transaction, unless the funds have already been picked up, deposited, or delivered to the Recipient.
- ii. For questions or complaints about Sekka Money Service Provider Inc., contact us online; by telephone at +1(844) 722-3322 or by mail at Sekka Money Service Provider Inc.., attn: Customer Service, 2978 Eglinton Avenue East, Scarborough, Toronto Ontario, Postal Code M1J 2E7, Canada.
- b. General. Please let us know if you have any problems with the Service. You can contact us using the contact information at the bottom of this User Agreement. Consumer complaints should be in writing, providing as much detail as possible. Please include the following information:
- 1. The name of the institution and the name of any person(s) at the institution with whom the complainant has had contact. Include telephone number(s) and addresses.
- 2. A complete description of the complaint and any efforts that have been made to resolve the complaint directly with the institution.
- 3. Copies of any available documentation supporting the complaint and efforts toward resolution.
- 4. Any suggestions regarding a preferred resolution of the complaint.
RIGHT TO REFUND: REFUNDS OF PRINCIPAL AMOUNT and cancellation of the money transfer will be made upon written request of the Sender if payment to the Receiver has not yet been made at the time the request is processed by Sekka Money Service Provider Inc.. REFUNDS OF TRANSFER FEES will be made upon written request of the Sender if the money transfer is not available to the Receiver within the time specified by Sekka Money Service Provider Inc for the selected service, subject to the hours of operation that the Service is offered at the Agent location selected by the Receiver for payment and other special conditions. Refunds will be made within 7 days of receipt of a valid written request from the Sender. Please send written requests to : Sekka Money Service Provider Inc , Refunds Dept, 2978 Eglinton Avenue East, Scarborough, Toronto Ontario, Postal Code M1J 2E7, Canada. contact details +1(844) 722-3322 . For More information, please visit our website at www.sekka.co
9. INTELLECTUAL PROPERTY
You acknowledge that the Service, including but not limited to the content of our websites, text, graphics, links, buttons, logos, and images, as well as all other Sekka Money Service Provider Inc. patents, copyrights, trademarks, trade secrets, service marks, logos, and product and service names are owned exclusively by Sekka Money Service Provider Inc (the " Sekka Money Service Provider Inc Intellectual Property"). You agree not to display, use, copy, or modify the Sekka Money Service Provider Inc Intellectual Property in any manner. You are authorized solely to view and retain a copy of the pages of our websites for your own personal, non-commercial use. You further agree not to:
- i. engage in or use any automated devices, data mining, robots, scraping or similar data gathering or extraction methods to access or use the Service;
- ii. modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service, in whole or in part, except that the foregoing does not apply to the information that you legally upload to the Service;
- iii. remove or alter any author, trademark or other proprietary notice or legend displayed on our websites (or printed pages thereof);
- iv. infringe Sekka Money Service Provider Inc or any third party's copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy.
10. DISCLAIMER OF WARRANTIES
THE SERVICE AND SOFTWARE, IF APPLICABLE, IS PROVIDED "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES, EMPLOYEES, SUPPLIERS, VENDORS, AND SERVICE PROVIDERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
We make reasonable efforts to ensure that Transactions are processed in a timely manner, but we make no representations or warranties regarding the time needed to complete processing because the Service is largely dependent on many factors outside our control. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
You agree to indemnify and hold Sekka Money Service Provider Inc, its suppliers, vendors, Service Providers, and their respective subsidiaries, officers, agents, partners, employees, and consultants harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Service, your connection to the Service, your violation of the User Agreement, or your violation of any rights of a third party.
- a. DISPUTE RESOLUTION AND GOVERNING LAW
- b. Governing Law. This User Agreement shall be governed according to the laws of the Province of Ontario, and all activities performed in connection with the Service shall be deemed to have been performed in Province of Ontario Any controversy, dispute, or claim arising out of or relating to the Service or User Agreement (a "Claim") shall be governed by and construed in accordance with the laws of Province of Ontario except that body of law governing conflicts of law.
- c. Disputes with Sekka Money Service Provider Inc. If a dispute arises between you and Sekka Money Service Provider Inc, our goal is to learn about and address your concerns. If we are unable to address your concerns to your satisfaction, we will seek to provide you with a neutral and cost-effective means of resolving the dispute quickly. Disputes between you and Sekka Money Service Provider Inc regarding the Service may be reported to Customer Service (See section 14, "Contact Information," below).
12. ELECTRONIC COMMUNICATIONS
You acknowledge that this User Agreement shall be entered into electronically. Unless otherwise required by applicable law, the following categories of information ("Communications") will only be provided by electronic means and not in paper format or through other non-electronic means:
- ii. your records of transactions through the Service;
- iii. any initial, periodic or other disclosures or notices provided in connection with the Service, including without limitation those required by federal or province law;
- iv. any customer service communications, including without limitation communications with respect to claims of error or unauthorized use of the Service; and
You may withdraw your consent to receive all Communications electronically, but if you do, your use of the Service shall be terminated. In order to withdraw your consent, you must contact us using our contact information at the end of this User Agreement.
In order to access and retain Communications, you must have:
- i. an Internet browser that supports 128-bit encryption,
- ii. an e-mail account and the capability to read e-mail from Sekka Money Service Provider, and
- iii. a device and Internet connection capable of supporting the foregoing.
- a. Customer Updates. You must promptly update us with any change in your e-mail address and telephone number by updating your profile on our websites. If Sekka Money Service Provider Inc. does not have correct contact information, Sekka Money Service Provider Inc. may not be able to notify you with important information or changes in your Transaction status.
- b. Entire Agreement. The User Agreement constitutes the entire agreement between you and Sekka Money Service Provider Inc. and governs your use of the Service, superseding any prior agreements between you and Sekka Money Service Provider Inc..
- c. No Waiver. The failure of Sekka Money Service Provider Inc. to exercise or enforce any right or provision of the User Agreement shall not constitute a waiver of such right or provision. If any provision of the User Agreement is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give appropriately valid effect to the intention of the User Agreement as reflected in the provision, and the other provisions of the User Agreement shall remain in full force and effect.
- d. Modification. We may modify this User Agreement from time to time without notice to you, except as may be required by law. You can review the most current version of the User Agreement at any time by reviewing our websites. You may terminate your use of the Service if you do not agree with any modification or amendment. If you use the Service after the effective date of an amendment or modification, you shall be deemed to have accepted that amendment or modification. You agree that you shall not modify this User Agreement and acknowledge that any attempts by you to modify this User Agreement shall be void.
- e. Language. In the event there is any inconsistency between the English and other language text on our websites, including the User Agreement, the English text shall be binding.
Your security and the integrity of your account is a top priority and Sekka Money Service Provider Inc.works hard to make sure that your information is secure. Sekka Money Service Provider Inc. is a safe and convenient way to send money to family members and to other people that you trust. However, scams and fraudsters are abundant, and we urge you not to send money to anyone that you do not know personally. In particular, you should be cautious of deals or offers that seem too good to be true. If you think you have been or might be a victim of fraud, please contact us immediately by telephone at +1(844) 722-3322 or online. If you are aware of anyone or any entity that is using the Service inappropriately, please e-mail us at customer service contact email@example.com If you receive any fake (phishing) e-mails purporting to be from Sekka Money Service Provider Inc., please forward them to us at customer service contact firstname.lastname@example.org
15. CONTACT INFORMATION
Questions, notifications, and requests for refunds or further information can be sent to Sekka Money Service Provider Inc., as follows: online; by telephone at +1(844) 722-3322 or by mail at Sekka Money Service Provider Inc., attn: Customer Service, 2978 Eglinton Avenue East, Scarborough, Toronto Ontario, Postal Code M1J 2E7, Canada.