This Client/User Agreement is entered into by and between POLARBEAR REMIT INC. a Canadian Company (“Company”, “we” “us” or “our”), and the individual or entity (“Client”, “User”, “you” or “your”) using the cross-border payment or money transfer services provided by the Company.
PolarBear Remit Inc. is registered with and regulated by the Financial Transactions Reports Analysis Centre of Canada (FINTRAC). Money Service Business (MSB) Registration Number: M23610108
The Company services enable clients/users TO SEND AND RECEIVE MONEY across borders and foreign exchange dealings.
1. Acceptance of Terms
By using our cross-border payment services, you agree to be bound by the terms and conditions outlined in this Agreement. If you do not agree with these terms, please do not use our services.
2. Client Eligibility and Responsibilities
To use our services, you must be at least 18 years old and have the legal capacity to enter into contracts. By using our services, you present and warrant that you meet these eligibility requirements. Clients shall not violate any laws including money laundering, use funds for fraud, crime or terrorist support activities, etc.
Clients/Users are responsible for ensuring the accuracy of the recipient’s information, including but not limited to the recipient’s name, address, and bank details. The Company shall not be held responsible for funds transferred to incorrect or outdated information provided by the user.
3. Account Registration and Security
To access our cross-border payment services, you may be required to create an account. You are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account.
The Company has the right to refuse the creation of a DUPLICATE account for the same user, due to security and client identification requirements. Your DUPLICATE account will be closed or merged without notification.
4. The Company Security Measures
The Company has security measures in place to protect clients’ financial information and transactions. This can include encryption, secure servers, and multi-factor authentication.
5. Compliance with AML and KYC Regulations
Clients must comply with Anti-Money Laundering (AML) and Know Your Customer (KYC) requirements. The Company reserves the right to request additional information or documentation for identity verification and may suspend or terminate accounts that do not meet these requirements.
6. Uploading or Top-Up in Payment
The Company accepts debit cards, pre-authorized direct debit, wire transfers, UnionPay, and EFT or Interac e-transfers from your bank account. We also accept third-party payment for your account.
7. Currency Exchange
When making cross-border payments, currency exchange rates may apply. The applicable rates will be disclosed to you before you initiate the transaction.
8. Fees and Charges
By using our services, you agree to pay all applicable transparency fees and charges.
9. Transaction Limits
The Company may impose transaction limits on users’ accounts. These limits may vary based on factors such as account verification status, transaction history, or legal requirements. Clients will be notified of any limits that apply to their accounts.
10. Transaction Processing Time
While the Company will make reasonable efforts to process transactions promptly, the processing time may vary based on factors such as currency conversion, bank processing times, and compliance with regulatory requirements.
Processing time is also affected by time zone differences, foreign bank customs, and cut-off times of recipient countries and regions.
11. Communication
By using our services, you agree to receive communications from the Company, including but not limited to transaction notifications, promotional materials, and updates. Users, located in different places, are fully aware of the possible risk that the said notification may be lost, intercepted, or reviewed by others. The Company will not be liable for the damages arising from the inaccuracy, delay, or non-delivery of the notification regardless of the cause of action, including negligence on the Company's part.
12. Refunds Policy
If you wish to cancel the money transfer or transaction, refunds will be made if the payment has not been made. If the payment has been paid out or arrived overseas, the principal refunds may not be made.
13. Notification of Unauthorized Transactions.
Clients/Users are required to promptly notify the Company of any unauthorized or suspicious transactions on their account. The Company will investigate such claims and take appropriate action under its policies.
14. Customer Support
The Company will provide customer support to assist users with inquiries, issues, or disputes related to the cross-border payment services. Users can contact customer support through designated channels specified on the Company’s website.
15. Complaint
The Company is committed to providing high-quality service to our customers. If you are not satisfied and have a complaint about services or charges, you can contact our Chief Compliance Officer by phone or email to him/her at 1-888-253-3045 or info@polarbearremit.com. Within 15 days, you will be provided with the Company’s decision in response to the complaint, including appropriate details and explanations regarding how our decision was reached.
16. Dispute Resolution
Any disputes arising from or related to this Agreement will be resolved through arbitration by the rules of the Arbitration Organization, and judgment upon the award rendered by the arbitrator(s) may be final.
Please treat our Company and employees- and each other- with kindness and respect. Users are not permitted to hire undercover private agents ( of private security firms) to damage the Company and employees, because of disputes. Discrimination, poisoned drink and food, gangstalking and electromagnetic harassment and torture, and violent or disruptive behaviors will be prohibited.
17. Data Privacy and Security
The Company is committed to protecting user data. Our Privacy Policy outlines how we collect, use, and safeguard your personal information. By using our services, you agree to the terms of our Privacy Policy.
18. Intellectual Property
All content and materials provided as part of our cross-border payment services are the property of the Company and are protected by intellectual property laws. Users agree not to reproduce, distribute, or modify any content without the Company’s express consent.
19. Liability for System Interruptions
While the Company strives to provide uninterrupted services, clients/users acknowledge that the cross-border payment platform may be subject to technical issues, maintenance, or other interruptions. The Company will make reasonable efforts to minimize downtime and inconvenience.
20. Force Majeure
The Company shall not be liable for any failure to perform its obligations under this Agreement due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, legal changes, and government actions (e.g. Israel-Hamas war. Users account could be frozen because of lost contact in the war, etc).
21. Termination and Closure of Accounts
The Company reserves the right to terminate or close user accounts for reasons including, but not limited to, violation of this Agreement, fraudulent activities, or suspicious transactions. Users will be notified of the reason for termination unless prohibited by law.
22 Indemnification
Clients agree to indemnify and hold the Company harmless from any claims, damages, liabilities, and expenses arising out of or in connection with their use of the cross-border payment services.
23. Amendments to the Agreement
The Company reserves the right to amend this agreement at any time. Users will be notified of any changes, and continued use of our services after such notification constitutes acceptance of the amended terms.
24. Severability
If any provision of this Agreement is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law.
25. Entire Agreement
This Agreement, including any referenced documents, FAQs, and privacy policy, constitutes the entire agreement between the two parties.
Dated: December 12, 2023
Location: Toronto, Ontario, Canada