1.You agree that upon registering for a CashSender account, that you are entering into a legally binding contract as outlined by this entire user agreement.
This User Agreement applies to all members in all countries.
This User Agreement may be changed from time to time and is effective immediately after we post such changes on the website. When using this website and related services, you agree that you are subject to any policies or rules which are posted in conjunction with those services. All such posted policies or rules are thus incorporated by reference into this Agreement.
THE FOLLOWING DESCRIBES THE TERMS ON WHICH CASHSENDER OFFERS YOU ACCESS TO OUR SERVICES.
This User Agreement ("Agreement") is a contract between you and CashSender Financial Services, Inc. and applies to your use of the CashSender payment service website and any related products and services available through www.CashSender.com (collectively the "Service"). If you do not agree to be bound by the terms and conditions of this Agreement, please do not use or access our Services.
In this Agreement, "you" or "your" means any person or entity using the Service ("Users" and/or "User"). Unless otherwise stated, "CashSender," "we" or "our" will refer collectively to CashSender Financial Services, Inc. Unless otherwise specified, all references to a "bank" in this Agreement include public banks, savings associations, and credit unions.
In order to use the Service, you must register for an account, which can be used for business or personal use. Our Service is not available to minors (those under the age of 18), persons who have been suspended from our Service, or to persons who present an unacceptable level of credit risk.
2. The Legal Relationship between CashSender and You.
2.1 Agency Relationship.
CashSender acts as a facilitator to help you accept online payments from and make online payments to third parties. We act as your agent based upon your direction and your requests to use our Services that require us to perform tasks on your behalf.
CashSender is not a bank. User accounts are not deposit accounts in the banking sense.
When you upload credit to the CashSender system (via electronic bank transfer or via check or money order), CashSender will provide you with equivalent account credit (in the same currency as uploaded). Once credit has been uploaded to the CashSender system, you no longer own the specific funds uploaded, but instead are provided with equivalent CashSender account credit, which can be sent to other members as payment for goods and services, as well as for gift payments. User's ownership of cash only occurs when account credit is downloaded from the CashSender system by bank transfer to the user's bank account, or by deposit of check or money order and the said financial instrument clears into the user's bank account.
Client payments will be held in CashSender bank accounts and not client accounts.
Interest is not paid on client payments nor client CashSender accounts.
You acknowledge that (i) CashSender is not a bank and the Service is a payment processing service rather than a banking service, and (ii) CashSender is not acting as a trustee, fiduciary or escrow with respect to client payments and/or credit balances.
You are not required to keep funds in the CashSender system (carry a positive credit balance in your CashSender account) in order to use the Service.
CashSender maintains bank accounts for the purpose of safe keeping of client credits with the following first class banks: Bank of Montreal (Vancouver, Canada), Banner Bank (Walla Walla, WA, USA), ING (Europe). CashSender is not liable for loss of Users' funds due to bank failure. In the event of bank failure, deposit insurance is not available.
CashSender is not liable for delayed access to Users' funds due to bank nationalizations, bank failures, withdrawl limits, bank account freezings and/or other government imposed regulations. CashSender will not be liable for loss of Users' funds due to bank failures.
By initiating and sending payments through the Service or uploading account credit to your CashSender account, you appoint CashSender as your agent to transfer payments within the CashSender system.
When you send a payment, until that payment is accepted by the recipient (which may occur instantly), you remain the owner of those account credits and CashSender holds those account credits as your agent, but you will not be able to download those credits or send those credits to any other recipient unless the initial transaction is cancelled.
Through the CashSender website, you may provide instructions to download your account credits to your bank account, or send your account credits to a third party, in each case subject to the terms and restrictions of this Agreement. If you receive a notice that a credit payment has been sent to you through CashSender but you have not registered for the Service, CashSender will not become your agent and you will have no claim to those credits unless and until you register for the Service and indicate your acceptance of the payment.
2.2 CashSender only provides Payment Services.
CashSender acts as a payment service provider by creating, hosting, maintaining and providing our Service to you via the Internet. We do not have any control over the products or services that are paid for with our Service. We cannot ensure that a buyer or a seller you are dealing with will actually complete the transaction. As such, we will not be held financially responsible or liable in any way, shape or form for any and all losses incurred in third-party transactions processed through our Services. As a User of our Services, you accept all liability and hold CashSender harmless from any and all losses incurred in third-party transactions processed through our Services. However, CashSender will act to suspend accounts of those members who are engaged in reported fraudulent activities to best protect the CashSender community from loss, and CashSender will make best efforts to assist Users in recovering lost funds by legal means, without guarantee.
2.3 Identity Authentication.
We use many techniques to identify our users when they register on our site. Verification of Users is only an indication of increased likelihood that a User's identity is correct. You authorize CashSender, directly or through third parties, to make any inquiries we consider necessary to validate your registration. This may include ordering a credit report and performing other credit checks or verifying the information you provide against third party databases. However, because user verification on the Internet is difficult, CashSender cannot and does not guarantee any user's identity.
In the event that you have a dispute with one or more users, you release CashSender (and our officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes.
2.5 No Warranty.
CASHSENDER, ITS PARENT, SHAREHOLDERS, SUBSIDIARIES, EMPLOYEES AND SUPPLIERS PROVIDE OUR SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR PARENT, SHAREHOLDERS, SUBSIDIARIES, EMPLOYEES AND SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. CashSender shall make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts, credit cards, and check issuances are processed in a timely manner and but we make no representations or warranties regarding the amount of time needed to complete processing because our Service is largely dependant upon many factors outside of our control, such as delays in the banking system or the U.S., Canadian, or international mail services.
2.6 Limitation of Liability.
IN NO EVENT SHALL WE, OUR PARENT, SHAREHOLDERS, SUBSIDIARIES, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS, REVENUES, FUNDS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SERVICES, WEBSITE, OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).
You agree to indemnify and hold CashSender, its parent, shareholders, subsidiaries, affiliates, officers, directors and employees harmless from any claim or demand (including lawyers' fees) made or incurred by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party relating to your use of the Service.
2.8 Liability for Violations of the Acceptable Use Policy.
CashSender may fine you, report you to the appropriate authorities, and cancel your account if you use our Services in any of the following ways, as explained below.
i. Use CashSender Services to send or receive payments for gambling for online gambling purposes. CashSender may not be used in any way to facilitate gambling and/or gaming activities, including but not limited to payment or the acceptance of payments for wagers, gambling debts or gambling winnings, regardless of the location or type of gambling activity (including online and offline casinos, sports wagering and office pools), with the exception of payments for gaming transactions that are expressly authorized by law in the jurisdiction of both the sender and the recipient of the payment.
ii. Use CashSender Services to send or receive payments for sexually obscene material that violates US, Canadian, and/or International Child Pornography laws.
iii. Use CashSender Services to send or receive payments for illegal narcotics, and other controlled substances.
iv. Use CashSender Services to send or receive payments that involve counterfeit or stolen items.
v. Use CashSender Services to send or receive payments that are fraudulent in nature.
vi. Use CashSender Services to send or receive payments that infringe on any third party's copyright, patent, trademark, trade secret or other property rights or rights of publicity or privacy.
vii. Use CashSender Services to send or receive payments that in any way are defamatory, trade libelous, unlawfully threatening or unlawfully harassing.
iix. Use CashSender Services to send or receive payments that in any way violate any law, statute, ordinance, contract or regulation, including, but not limited to, those governing financial services, consumer protection, unfair competition, anti-discrimination, or false advertising.
ix. Use CashSender Services to send or receive payments that in any way contain any viruses, Trojan horses, worms, time bombs cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or other personal information.
You and CashSender agree that the damages that CashSender will sustain as a result of the behavior outlined above will be substantial, including (without limitation) fines and other related expenses from its payment processors and service providers, but may be extremely difficult and impracticable to ascertain. In the event that you engage in such activities, then CashSender may fine you $1000.00 USD and/or CashSender may take legal action against you to recover losses that are in excess of the amount fined. You acknowledge and agree that $1000.00 USD is presently a reasonable minimum estimate of CashSender's damages, considering all currently existing circumstances, including (without limitation) the relationship of the sum to the range of harm to CashSender that reasonably could be anticipated and the anticipation that proof of actual damages may be impractical or extremely difficult. You agree that CashSender is entitled to deduct such fines directly from any existing balance in the offending account, or any other CashSender account owned by you.
You further understand that, if you use the CashSender service in a manner that violates the categories described above, CashSender may incur substantial liability and/or suffer significant damages, including (without limitation) fines and other related expenses from its payment processors and service providers. By selling goods or services (including access to content) contravenes these rules, you acknowledge liability to CashSender for any and all damages suffered by CashSender. Without limiting the foregoing, you agree to reimburse CashSender for any and all costs, expenses, and fines levied on CashSender by its payment processors and/or service providers as a result of your activities.
You agree that, if either you or CashSender commence litigation or arbitration in connection with this paragraph, the prevailing party is entitled to recover reasonable lawyers' fees and any other costs incurred in such proceeding in addition to any other relief to which the prevailing party may be entitled.
2.9 Breach of Account - Unauthorized Account Use.
IN NO EVENT SHALL WE, OUR PARENT, SHAREHOLDERS, SUBSIDIARIES, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS, REVENUES, FUNDS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH A BREACH OF AND OR UN-AUTHORIZED ACCESS TO A USER'S ACCOUNT (HOWEVER ARISING, INCLUDING NEGLIGENCE). That said, CashSender will make best efforts to investigate and resolve account breaches to the best of its abilities. When possible, CashSender will make account adjustments to reverse fraudulent transfers provided the funds have not been trasferred out ot the CashSender system. User's should notify CashSender as soon possible so CashSender can lock down transfered funds before the funds have been transferred out of the CashSender system. However, once breached funds have been transferred out of the CashSender system, CashSender will report the matter to the police and the relevant financial institutions, but is in no way responsible, liable or accountable for financial losses resulting from un-authorized account use of any nature.
2.10 Non-Receipt of Goods or Services.
IN NO EVENT SHALL WE, OUR PARENT, SHAREHOLDERS, SUBSIDIARIES, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS, REVENUES, FUNDS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH NON RECEIPT OF GOODS OR SERVICES ACQUIRED FROM THIRD PARTIES PAID THROUGH FROM VIA OR BY THE CASHSENDER WEBSITE (HOWEVER ARISING, INCLUDING NEGLIGENCE). That said, CashSender will make best efforts to resolve such matters as non-receipt of goods or services to the best of its abilities. When possible, CashSender will make account adjustments to reverse fraudulent acquired funds provided the funds have not been trasferred out ot the CashSender system. User's should notify CashSender as soon possible so CashSender can lock down transfered funds before the funds have been transferred out of the CashSender system. However, once fraudulently acquired funds have been transferred out of the CashSender system, CashSender will report the matter to the police and the relevant financial institutions, but is in no way responsible, liable or accountable for financial losses resulting from non-receipt of goods or services of any nature.
All fees are set forth in the Fee Schedule. All fees will be assessed in the currency of the payment. The default currency and initial currency available for use of this website is U.S. dollars. However, other account currencies are also available and account fees for those currency accounts will be processed in the respective currency.
4. Worldwide Use.
Residents of most countries are eligible and welcome to use our Services and this website. Residents of blocked countries will not be able to initiate a New User Registration.
At present, only residents of the US, Canada, UK, and the EC may electronically upload and download account credits between their CashSender account and their personal/business bank accounts. You warrant that you are not violating any law or regulation of your country of residence by your use of CashSender:
The EC includes Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Gibraltar, Greece, Guadeloupe, Guyana, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Martinique, Netherlands, Poland, Portugal including the Azores and Madeira, Reunion, Romania, Slovakia, Slovenia, Spain including the Canaries, Ceuta and Melilla, Sweden, United Kingdom and Iceland, Liechtenstein, Norway and Switzerland.
5 Credit Downloads.
6. Sending Payments.
6.1 Sending Payments.
6.2 Refused Payments.
When you send a payment to a third party through our Service, the recipient is not required to accept the payment, even if the recipient is already registered with CashSender. The recipient may return the payment or, in some cases, use the CashSender Service to deny payments that you send. Any payments sent through CashSender that are denied or unclaimed by a recipient will be returned to you on the earlier of: (a) the date of such denial, or (b) 30 days after the date the payment is sent. For more details and guidelines about Sending Payments, please refer to our Payments Policy.
6.4 Electronic Transfers.
US & Canadian Residents: When you initiate an "Add Credit" transaction you are requesting an electronic funds transfer from your bank account to CashSender's bank account. With this method you are deemed to be uploading credit to the CashSender system (via electronic bank transfer), and CashSender will provide you with equivalent account credit (in the same currency as uploaded).
Upon such request, CashSender will make electronic transfers on your behalf from your bank account in the amount and currency you specify. You agree that such requests constitute your authorization for such transfers. CashSender will never make transfers from your bank account without your authorization. However, all transfer requests processed through your account will be deemed to be made and authorized by you. We cannot be held responsible for any and all unlawful access to your account, and the resultant damages incurred as a result. All Users hold CashSender harmless from any and all such damages resulting from fraudulent access to one's account.
European Residents: You can upload credit to your CashSender account by sending the funds via IBAN / SWIFT transfer from your European based EUR or GBP account to CashSender, and those account credits will be available for your use within your Cashsender account. This process is entirely processed by you, and losses due to errors or omissions, mistakes in transfer are at your risk and expense. Any banking related fees resulting from such transfers will be to the account of the User. In order to download credits to your bank account from the CashSender system, you will need to provide us with your bank IBAN and SWIFT details and bank address, and we will send the account credits removed from the CashSender system to your bank account upon your instructions. Any losses due to errors or ommissions in providing CashSender with your bank's IBAN and SWIFT and address details are at your risk and expense. Any banking related fees resulting from such transfers will be to the account of the User.
7. Your Information and Restricted Activities
"Your Information" is defined as any information you provide to us or other users in the registration, payment process, or other features of our Service. You are solely responsible for Your Information, as we act as a passive provider for your online distribution and publication of Your Information to other Users.
7.2 Restricted Activities.
Our Service shall not be used to facilitate any of the following restricted activities:
i. To send or receive payments for gambling for online gambling purposes. CashSender may not be used in any way to facilitate gambling and/or gaming activities, including but not limited to payment or the acceptance of payments for wagers, gambling debts or gambling winnings, regardless of the location or type of gambling activity (including online and offline casinos, sports wagering and office pools).
ii. To send or receive payments for sexually obscene material that violates US, Canadian, and/or International Child Pornography laws.
iii. To send or receive payments for illegal narcotics, and other controlled substances.
iv. To send or receive payments that involve counterfeit or stolen items.
v. To send or receive payments that are fraudulent in nature.
vi. To send or receive payments that infringe on any third party's copyright, patent, trademark, trade secret or other property rights or rights of publicity or privacy.
vii. To send or receive payments that in any way are defamatory, trade libelous, unlawfully threatening or unlawfully harassing.
viii. To send or receive payments that in any way violate any law, statute, ordinance, contract or regulation, including, but not limited to, those governing financial services, consumer protection, unfair competition, anti-discrimination, or false advertising.
ix. To send or receive payments payments that in any way contain any viruses, Trojan horses, worms, time bombs cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or other personal information.
x. To send or receive payments that are in any way connected with a ponzi scheme.
xi. To engage in a fraudulent scheme of collecting payments from customers without providing the goods or services that were contractually purchased by the payment sender.
xii. To send or receive payment for virtual or digital goods, such as digital items used on, created for, and exchanged in internet game and virtual reality websites. As these items are intangible and virtual in nature, it is impossible to track the delivery and acceptance of such goods.
CashSender.com, CashSender, and all related logos, products and services described in this website are either trademarks or registered trademarks of CashSender Financial Services, Inc., and may not be copied, imitated or used, in whole or in part, without the prior written permission of CashSender. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks of CashSender and may not be copied, imitated, or used, in whole or in part, without the prior written permission of CashSender.
8. Privacy and Security.
9. Termination or Closing Your Account.
You may close your account at any time by clicking the Close Account link when you log into your account. Any account credits in your account at the time of closing, less any applicable fees, will be cleared from your account balance and paid out to you by check, assuming there are no outstanding fees or liabilities attached to your account. You may not close your account as a means of avoiding an investigation on your account. CashSender may continue to hold your account credits for up to 6 months to protect CashSender against the risk of reversals as a result of transactions on your account. If and when it is later determined that you are legally entitled to account credits pending resolution of a dispute, CashSender will at that time release those account credits to you. You are liable for all obligations related to your account even after your account is closed. If you do not access your account for a period of one year, it is subject to closure. After the date of account closure, we will send any unclaimed account credits remaining in your account to you by check (less applicable fees). If we are unable to deliver a check to you because your address has changed and the mail is undeliverable, such account credits will be deemed to be abandoned, and will become property of CashSender. All accounts that are closed remain in our database in perpetuity. As such, you agree that your personal information and financial information will remain within our database in perpetuity, although this information will not be shared with third parties unless required by law or court order.
10. CashSender's Right to Collect From You.
Without limiting other remedies, we may contact you by means other than electronically, immediately warn our community of your actions if deemed to be fraudulent or not at arms length in any way, place a hold (freeze) on funds in your account, limit funding sources and payments, limit access to an account and any or all of the account's functions (including but not limited to the ability to send money or making withdrawals from an the account), limit withdrawals, indefinitely suspend or close your account and refuse to provide our Services to you if:
(a) you breach this Agreement in any way;
(b) we are unable to verify information you provide to us;
(c) we determine your account and activities pose a credit risk or fraud risk to us;
(d) we determine your actions may cause financial loss or legal liability for you, our users or us; or
(e) we determine your use of your CashSender account is deemed by CashSender, or any of our financial partners to be a possible abuse of the banking system (without limitation).
(f) In addition, CashSender has the right to postpone the download of credits to a user's bank account beyond the normal holding periods for any and all transactions that CashSender deems to be of high risk, suspicious, or for accounts conducting high transaction volumes (to ensure integrity of the payment transactions).
(g) If it is necessary for us to close your account, we will provide you notice, and pay out by check all of the unrestricted funds held in your CashSender account.
(h) Additionally, to secure your performance of this Agreement, you grant to CashSender a lien on and security interest in your account. You also acknowledge that CashSender may claim against any accounts you own for any obligation you owe CashSender or any other User at any time and for any reason allowed by law.
11. Assignability. You may not transfer or assign in any way any rights or obligations you may have under this Agreement without prior written agreement from CashSender. CashSender reserves the right to transfer this Agreement or any right or obligation under this Agreement without your consent.
12. Legal Compliance. You shall comply with all applicable US, Canadian and international laws, statutes, ordinances, and regulations regarding your use of our Services.
13.1 Electronic Communications.
You agree that this Agreement constitutes "a writing signed by You." We have recorded your PC's IP address, date and time when you accepted this Agreement at the time of initial account registration. This Agreement and any other agreements, notices or other communications regarding your account and/or your use of the Service ("Communications"), may be provided to you electronically, and you agree to receive all Communications from CashSender electronically. Electronic Communications may be posted on the pages within the CashSender website and/or delivered to your email address. You may print a copy of any Communications and retain it for your records. All Communications in either electronic or paper format will be considered to be in "writing," and to have been received no later than five (1) business day after posting or dissemination, whether or not you have received the Communication.
13.2 Your Credit Report.
You agree that CashSender may attain, review, and make decisions regarding your account, your continued use of our Services, and possible suspension of your account using your credit report.
14. BC Law.
This Agreement is governed by and interpreted under the laws of the Province of BC (British Columbia), Canada, as such laws are applied to agreements entered into and to be performed entirely within BC by BC residents.
15. Website Access.
As our Services are strictly web-based, we do not and cannot guarantee continuous, uninterrupted and/or secure access to our Service. Our website (as with any website by their very nature), can be interfered with by numerous factors outside our control. You agree to hold us harmless for any losses or damages of any nature whatsoever, as caused by interruption and/or access to our Service.
16. General Info.
If any provision of this Agreement is held to be invalid or unenforceable, all remaining provisions shall be enforced. You agree that this Agreement and all related CashSender agreements may be automatically assigned by CashSender (at our sole discretion) to a third party in the event of a merger, acquisition, or sale of the business.
The Services are offered by CashSender Financial Services Inc., a Canadian Corporation in good standing, incorporated in Vancouver, British Columbia. Our mailing address is as follows:
CashSender Financial Inc
337-2740 West King Edward
Vancouver, BC, V6L 3H5
If you use, or attempt to use the Service for purposes other than sending and receiving payments and managing your account, including but not limited to tampering, hacking, modifying or otherwise corrupting the security or functionality of Service, your account will be terminated and you will be subject to damages and other penalties, including criminal prosecution.
19. Other Payment Systems.
CashSender does not permit exchanges of CashSender account credits into or from other online payment systems. The reason for this is to protect both the would be exchanger, or the customer seeking the exchange from possible fraudulent activity. The only exception to this policy is those partner websites that are officially linked into or out of the CashSender system by CashSender Financial Services Inc. Any user attempting to send or receive account credit to or from other payment systems, are subject to account closure. In the event of account closure, any account credits remaining in the accounts will be held by CashSender for a period of 180 days to cover against expected chargebacks. After the 180 day wait period, account credits will paid out the the user by check.
20. Funds Recovery.
By downloading credit electronically to your bank account, you authorize CashSender to retrieve any payment credits that were paid to you and then charged back by the purchaser for any reason if the payment credits cannot be retrieved from the user's CashSender account, or collected from the original purchaser. If you received the account credits by check, you understand that the deficit amount can be turned over to a collection agency for collection. It should also be noted that reversing the funding method (ie. chargeback/cancelling an electronic funds transfer) used to upload credit to your CashSender account is considered fraud. Such action will be prosecuted to the fullest extent allowed by law, and your CashSender account will be terminated.
21. Buyer Beware.
CashSender assumes absolutely no responsibility for any purchases made through the CashSender system. At any time you purchase a product or service CashSender is reselling, all liability is on the vendor who contracted CashSender to resell their product or service, and you understand that these purchases are done at your own risk. We do not issue refunds if the product, service or membership program turns out to not be what you thought it was, or if they don't hold up to their promises. You should thoroughly investigate any third party before making the decision to purchase. You should always contact the third party who contracted our reseller services, to resolve any disputes. CashSender Inc. is only the reseller service provider and assumes no responsibilities other than outlined in this user agreement.
However, if someone does not live up to the spirit of their online payment transactions and/or is using CashSender for fraudulent or illegal activities, please contact our customer support staff by opening a "fraudulent transaction" support ticket (under My Account -> Support). To help protect your against fraudulent losses, we will immediately contact the other party to the transactions and place a freeze on the payment in question while our payment investigation is being conducted.
We will make account and payment adjustments to reverse fraudulent transactions in instances where there is clear evidence of fraudulent and/or illegal activities.
22. Money Laundering Prevention.
As a Canadian Corporation, CashSender is legally required to be registered with the Financial Transactions and Reports Analysis Centre of Canada (FINTRAC) which is the Canadian government regulatory body that oversees the money transfer business in Canada. Our FINTRAC registration number is 36835. FINTRAC regulations help the Canadian government prevent, track and prosecute those involved in money laundering and terrorist financing activities.
FINTRAC requires CashSender by law to report money transfer transactions through our system that are greater than $10,000 CAD in monetary value. This means CashSender will report to FINTRAC the full details of such transactions (including name, address and contact details of sender and receiver, amount transferred, banking details, personal details etc.) For more information please visit www.FINTRAC.gc.ca
CashSender will monitor any unusual or suspicious transactions of any size taking place where we have reason to believe the money is derived or is possibly derived from illegal activity.
22.1 Right to refuse and investigate transactions.
CashSender reserves the right at all times to refuse to process any purchases which it believes in its sole discretion, is connected in any manner to money laundering activities or other unlawful purposes. CashSender reserves furthermore the right to hold funds beyond the normal distribution periods for transactions it deems suspicious to ensure integrity of the funds.
Chargeback of payments may occur in the following scenarios:
1) When the payment sender makes a claim that the receiving party has engaged in fraud, has contravened this User Agreement, and/or has not delivered goods or services as agreed with the payment receiver.
2) When a financial institution makes a claim and/or reverses funds and/or issues a chargeback to CashSender, thus nullifying a user's credit upload to the CashSender system, payments processed as a result of the reversed account funding will be reversed from the payment receiver's account(s).
In the event of chargeback CashSender will arbitrate between the relevant parties to the intended transaction(s).
If you receive a payment into your account which resulted from a fraudulent or chargeback transaction from the sender, the payment will be reversed from your account. Chargebacks occur most commonly when a user makes an electronic funds transfer from a bank account to upload credit to the user's CashSender account, and either the user does not have the funds in their bank account to cover the transaction, or is using stolen financial information. CashSender will prosecute any fraud to the fullest extent of the law.
If you receive payment through a CashSender transaction funded with the sender's bank account, in the event the check or electronic funds transfer transaction is charged back, you agree to hold CashSender harmless for the reversed payment.
CashSender may use account credit held in any CashSender account owned by you to recover amounts owed to CashSender due to chargebacks or for any other reason which puts your account into a negative balance situation. In addition, payments received from other parties will first be diverted to make up any negative currency balance regardless of your Payment Receiving Preferences.
24 Returned Item Fee.
If you upload credit in any supported currency to your CashSender account by Check or electronic funds transfer and the funds transfer is cancelled and returned to us as unpaid from the bank for any reason, including but not limited to NSF, Closed Account, No Such Account, Unauthorized transaction, or Stop Payment order, you will be charged recovery and NSF fees as detailed in the Fee Schedule. Please be sure that your bank account numbers are correct to avoid these charges. Furthermore, you agree that CashSender has rights to use normal collection methods, including third party collection agencies to collect the Returned Item fees. You also agree that in the case of NSF returns, that CashSender is authorized to electronically recover these funds and fees from the bank account from which the NSF occurred. You also agree that in the case of NSF returns, CashSender is authorized to electronically recover these funds and fees from the bank account from which the NSF occurred, and you further agree that you will be responsible for any additional costs and legal expenses incurred by CashSender to recover such fees for any unpaid account.
This agreement was last modified on May 17, 2011.