This User Agreement (“Agreement”) is a contract between you and First Global Money Inc. and applies to your use of the First Global Money Inc.’s Services. You must read, agree and accept all of the terms and conditions contained in this Agreement. This User Agreement is effective as of November 10, 2014. Visitors to our website are subject to these terms and conditions. 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. We may amend this Agreement at any time by posting a revised version on our website. The revised version will be effective at the time we post it.
As used throughout this User Agreement, the terms “First Global Money Inc.”, “we”, “us”, and “our” refer to First Global Data Corp., a Canadian 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.
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 uses the Service to receive money through the Service. The “Destination 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 for transmittal to the Recipient, excluding applicable fees and prior to any foreign exchange conversion. 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 Destination Country (the “Local Taxes”). First Global Money Inc. is not responsible for any additional or incurred taxes.
ACCESSING THE SERVICE
- 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.
- Not Available to Certain Residents. The Service may not be available in whole or in part in different provinces, countries, and jurisdictions. In particular, you may not use the Service if you are a resident of Quebec and / or a resident of the states in the United States of America where First Global Money Inc. does not hold licenses to operate.
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.
- Charges: For each Transaction that you submit, you agree to pay us a service fee (the “Service Fee”) plus the Transaction Amount. Additional charges may apply. Payment is due at the time your transaction is submitted for processing.
- Account Verification: In some instances, for Transactions funded from the Sender’s bank account, you agree that First Global Money Inc. may deposit into your bank account an amount of 1 cent to 99 cents randomly chosen by the system as part of our effort to confirm ownership of the account (i.e., for a transfer of $500, First Global Money Inc. may deposit into the bank account .98 or .22 cents the amount is unknown to anyone but the owner of the account who has to validate the amount). The Client is given 10 days to validate the bank account after which the transaction is cancelled.
- 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 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).
- Charges and Chargebacks: If you submit a transaction that results in First Global Money Inc. being charged with NSF fees, chargeback fees, or other similar fees, you agree to reimburse us for all such fees. For Transactions funded from the Sender’s bank account, you agree that First Global Money Inc. may from time to time charge back your bank of the NSF fee of $25.00 for each NSF.
- Other Charges: First Global Money Inc. is not responsible for any fees or charges that may be imposed by the financial institutions associated with your Payment Instruments. First Global Money Inc. is not responsible for any insufficient funds charges, NSF fees, chargeback fees, or other, similar charges that might be imposed on you by your bank or other provider.
- Foreign Currencies First Global Money 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, based on the difference between the exchange rate at which we buy foreign currency and the exchange rate provided to you. You agree that, when you send a Transaction to a Recipient’s bank account, that the bank account is denominated in the same currency as the Transaction.
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 website regarding the location, availability, and hours of our Service Providers. However, you agree that First Global Money Inc. is not responsible for any inaccurate or incomplete information that may be posted on the site.
Verification: Recipients are required to prove their identity before receiving funds by presenting valid, unexpired identification papers from a list of acceptable forms of identification. In addition, Recipients are required to provide a Transaction tracking number, a MONEY TRANSFER CONTROL NUMBER (MTCN#), “password”, a “secret word”, and/or another, similar identifier associated with their Transaction. You give First Global Money Inc. permission to store all such data, as necessary to provide the Service.
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. Any such limits may be imposed on individual accounts, linked accounts, or on related accounts or households, in First Global Money 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.
Delays: Your Transaction may be delayed or cancelled in the course of our efforts to verify your identity, validate your Transaction instructions and Payment Instrument(s), contact and locate you, and otherwise comply with applicable laws and regulations. Time Zones, Business hours and currency availability may also play a role. Nevertheless, you may be entitled to a refund in certain circumstances, as described herein.
Commercial Transactions: You should not use the Service to send money except to people that you know personally. We have no control over, and are not responsible for, the quality, safety, legality, or delivery of goods or services that you pay third parties for using the Service. You acknowledge that any use of the Service to pay for such goods and services is at your own risk. If First Global Money Inc. discovers you are using the Service to purchase goods or services, we reserve the right to cancel your transaction(s).
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 any of the following activities (without limitation): sexually-oriented materials or services, gambling activities, fraud, money-laundering, the funding of terrorist organizations, or the purchase or sale of tobacco, firearms, prescription drugs, or other controlled substances; or to send money to a Recipient that has violated the User Agreement. If you use the Service in connection with illegal conduct, First Global Money Inc. reserves the right to report you to the appropriate law enforcement agency or agencies.
Ineligibility: Not all Payment Instrument(s) 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 government agencies such as FINTRAC.
Others: You may not submit or receive a Transaction on behalf of any other person. If you intend to submit or receive a transaction on behalf of a business or other non-human entity, you must inform First Global Money Inc. of your desire to do so. You agree to provide us with additional information about any such entity as requested by First Global Money Inc.
No Changes: We generally do not let you change the details of your Transaction once it’s submitted to us for processing. It is your responsibility to make sure your Transaction details are accurate.
Additional Restricted Activities: In connection with your use of our website or the Service, or in the course of your interactions with First Global Money Inc., a user or a third party, you will not:
- Breach this User Agreement, or any other agreement between you and First Global Money Inc.;
- Open more than one account, without our prior written permission;
- Provide false, inaccurate, or misleading information;
- Refuse to cooperate in an investigation or provide confirmation of your identity or any information you provide to us;
- Use an anonymizing proxy;
- Provide yourself a cash advance from your credit card (or help others to do so); Use any robot, spider, other automatic device, or manual process to monitor or copy our website without our prior written permission.
Verifying information: You authorize us, directly or through third parties, to make any inquiries we consider necessary to validate the information that you provide to us. This may include asking you for additional information, requiring you to take steps to confirm ownership of your email address or financial instruments, verifying your information against third party Databases, or through other sources.
Collection of Information: in addition to the foregoing from time to time we may be required to collect information as may be required by law. Canadian Users are directed to the Financial Transactions and Reports Analysis Centre of Canada’s website for information concerning their requirements. All other country users are directed to the relevant regulatory authorities in the sending or receiving country for further information.
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.
Residents of certain jurisdictions may also consider the following:
Canada Transactions and Reports Analysis Centre of Canada www.fintrac-canafe.gc.ca. FINTRAC is part of Canada’s national initiative to combat money laundering and terrorist activity financing. Important Information for Consumers – What you need to know – The Financial Transactions and Reports Analysis Centre of Canada, or FINTRAC, collects, analyses and discloses financial information and intelligence on suspected money laundering and terrorist financing activities. It was created as part of a Canadian government initiative to fight money laundering and terrorist financing, both domestically and internationally. Businesses and industries who must report to FINTRAC are required to know their clients and asking for ID is one way to do that. Can I see some ID please? The Proceeds of Crime (Money Laundering) and Terrorist Financing Act (PCMLTFA) requires financial institutions and others covered by the legislation to identify customers who conduct financial transactions such as: depositing funds, purchasing a life insurance policy or buying a money order. The Act also requires them to keep records and identify their clients.
Under the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (PCMLTFA), you are required to provide Government issued valid identification such as a driver’s license, or similar type of document. There are other requirements and that we might prompt to ask you for more information about the transaction you are conducting.
To find out more about the PCMLTFA, FINTRAC, and the fight against money laundering and terrorist financing, visit FINTRAC’s website at: www.fintrac-canafe.gc.ca or call toll-free: 1-8346-8722 1-866-346-8722.To order a printed version of this publication, please send an email outlining your request to firstname.lastname@example.org.
Include the following information in your email:
- Full name
- Organization name
- Complete street address (including postal code)
- Email address
- Business phone number
- Publication title
- Required quantities
Refunds: In general, we do not provide refunds unless we did something wrong. We will consider your written request for a refund (submitted by email, fax, or mail using the contact information at the bottom of this User Agreement) if you provide the Sender’s full name, address, and phone number, together with the Transaction tracking number, Transaction Amount, and the reason for your refund request.
If we do provide you a refund, we will only refund the Transaction Amount if the Transaction was not paid out to the Recipient (in which case we will also cancel your pending Transaction); otherwise, we will only refund the Service Fee. Refunds will be credited to the same Payment Instrument used to pay for the Transaction. Refunds are only made in Canadian or U.S dollars. Refund amounts will not be adjusted to account for changes in the value of the U.S. dollar or foreign currency from the time your Transaction was submitted.
INTELLECTUAL PROPERTY. First Global Money Inc.
You acknowledge that the Service, including but not limited to the content of this website, text, graphics, links, buttons, logos, and images, as well as all other First Global Money Inc. copyrights, trademarks, service marks, logos, product and service names are owned exclusively by First Global Money Inc. (the ” First Global Money Inc. Intellectual Property”). You agree not to display, use, copy, or modify the Intellectual Property in any manner. You are authorized solely to view and retain a copy of the pages of this website for your own personal, non-commercial use. You further agree not to: (i) use any robot, spider, scraper or other automated device to access the Service; (ii) remove or alter any author, trademark or other proprietary notice or legend displayed on this website (or printed pages thereof); or (iii) infringe First Global Money Inc.’s Intellectual Property or any third party’s copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy.
DISCLAIMER OF WARRANTIES
THE SERVICE IS PROVIDED “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FIRST GLOBAL MONEY INC. IS NOT RESPONSIBLE IN ANY MANNER FOR DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, ARISING OUT OF YOUR USE OF THIS WEBSITE AND/OR ANY WEB BROWSER, INCLUDING ANY DAMAGES YOU MAY SUFFER IF YOU TRANSMIT CONFIDENTIAL OR SENSITIVE INFORMATION TO US OR IF WE COMMUNICATE SUCH INFORMATION TO YOU AT YOUR REQUEST OVER THE INTERNET. LINKS TO OTHER WEBSITES FROM THIS WEBSITE ARE FOR CONVENIENCE ONLY. NO ENDORSEMENT OF ANY THIRD-PARTY PRODUCTS, SERVICES OR INFORMATION IS EXPRESSED OR IMPLIED BY ANY INFORMATION, MATERIAL OR CONTENT REFERRED TO OR INCLUDED ON, OR LINKED FROM OR TO THIS WEBSITE.
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. This warranty gives you specific legal rights and you may also have other legal rights that vary state to state. Notwithstanding the foregoing, you may have a right to a refund as expressly described herein.
Information provided by First Global Money Inc. and other sources on this Website is believed to be accurate and reliable when placed on this site, but we cannot guarantee it is accurate or complete or current at all times. Information on this site is for informational purposes only and is not intended to provide financial, legal, accounting or tax advice and should not be relied upon in that regard. We endeavor to keep the rates and fees posted at this site current. However, rates, fees and information are subject to change at any time without notice to users and the posted rates and fees at the site may not immediately reflect such changes. Customers will be advised of applicable fee changes at least 60 days (or such shorter period as permitted by Canadian securities regulatory authorities) before the effective date of any change in charges.
You agree to indemnify and hold First Global Money Inc., Service Providers, and their respective subsidiaries, officers, agents, partners, and employees 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 another.
LIMITATION OF LIABILITY
IN NO EVENT SHALL First Global Money Inc., SERVICE PROVIDERS, OR THEIR RESPECTIVE SUBSIDIARIES, OFFICERS, AGENTS, PARTNERS, OR EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES BEYOND THE SUM OF $500.00 (IN ADDITION TO REFUNDING THE TRANSACTION AMOUNT AND SERVICE FEES), INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF First Global Money Inc. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM NEGLIGENCE ON THE PART OF First Global Money Inc., DISBURSEMENT PARTNERS, OR THEIR RESPECTIVE SUBSIDIARIES, OFFICERS, AGENTS, PARTNERS, OR EMPLOYEES.
DISPUTE RESOLUTION AND GOVERNING LAW
Disputes with First Global Money Inc.: If a dispute arises between you and First Global Money 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 First Global Money Inc. regarding the Service may be reported online to Customer Service; call 1(877) 793-7171 or by mail at First Global Money Inc. Corporation, Attn: Customer Service, 5733 Rickenbacker Road, Commerce, CA 90040, USA.
Arbitration: For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000.00 USD, the party requesting relief may elect to resolve the dispute in a cost-effective manner through binding non-appearance-based arbitration. If a party elects arbitration, that party will initiate such arbitration through an established alternative dispute resolution (ADR) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Improperly Filed Litigation: All claims you bring against First Global Money Inc. must be resolved in accordance with section 12 of this Agreement. All claims filed or brought contrary to section 12 shall be considered improperly filed, and a breach of this Agreement. Should you file a claim contrary to section 12, First Global Money Inc. may recover attorneys’ fees and costs (including in-house attorneys and paralegals) up to $1,000.00 USD, provided that First Global Money Inc. has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
You acknowledge that this User Agreement shall be entered into electronically, and that the following categories of information (“Communications”) may be provided by electronic means: (i) this User Agreement and any amendments, modifications or supplements to it; (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 state law; (iv) any customer service communications, including without limitation communications with respect to claims of error or unauthorized use of the Service; (v) any other communication related to the Service or First Global Money Inc..
The Service does not allow for Communications to be provided in paper format or through other non-electronic means. You may withdraw your consent to receive 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, such as Netscape Navigator version 4.0 or above or Internet Explorer version 4.0 or above, (ii) an e-mail account and email software capable of interfacing with First Global Money Inc. e-mail servers, (iii) a personal computer, operating system and telecommunications connections to the Internet capable of supporting the foregoing, (iv) sufficient electronic storage capacity on your computer’s hard drive or other data storage unit, (v) a printer that is capable of printing from your browser and email software. In addition, you must promptly update us with any change in your email address by updating your profile online.
Entire Agreement: The User Agreement constitutes the entire agreement between you and First Global Money Inc. and governs your use of the Service, superseding any prior agreements between you and First Global Money Inc.
No Waiver: The failure of First Global Money 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.
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 this website. 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.
Language: In the event there is any inconsistency between the English and Spanish or other language text on this website, including the User Agreement, the English text shall be binding.
Your security is very important to First Global Money Inc., and we work hard, utilizing state-of-the-art security measures, to make sure that your information is secure First Global Money Inc. is a safe and convenient way to send money to family members and to other people that you trust. But we urge you to consider carefully before sending money to anyone that you do not know well. 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(877) 793-7171. If you are aware of anyone or any entity that is using the Service inappropriately, please email us at email@example.com; if you receive any fake (phishing) emails, purporting to be from First Global Money Inc., and please forward them to us at firstname.lastname@example.org
Questions, notifications, and requests for refunds or further information can be sent to –
Global Head Office
First Global Data Corp.
555 Richmond Street West, Suite 604
Toronto, ON M5V 3B1, Canada.
U.S. Head Office
5733 Rickenbacker Road
Commerce, CA 90040, USA.
Telephone: 323.981.3800 / 1(877)793-7171