TERMS AND CONDITIONS

 THE CONTRACT

1.1 These General Conditions govern the conditions of access to this website and the services offered (referred to as the Service) as well as their conditions of use. By using this Service, you agree to be bound by these Terms and Conditions. In case you do not wish to be bound by these Terms and Conditions, please do not use this Service, do not subscribe to it.

1.2 In these Terms and Conditions, the terms "Bwana Money", "we" and "our" refer to Bwana Money and its employees, directors, affiliates, successors and assignees. Bwana Money is registered in Canada under the Joint Stock Companies Act. This company is authorized and regulated by the AMF (the Autorit des march's financiers) License number: xxxxxxxxxxx.

 

1.3 The terms ''you'' and ''your'' refer to any user of the Bwana Money website.

 

1.4 These General Conditions take effect from January 15, 2020. and may be subject to updates

 

1.5 The Service is designed to help customers send money to loved ones, and receive money sent from family and friends, around the world. For security reasons, we recommend that you only send money through the Service to people you know personally. You must not use the service to send money to strangers, including private sellers of goods and / or services, or traders.

 

2. DEFINITIONS

 

In these General Conditions

"Country of destination" means the country in which the Recipient receives the money sent through the Service.

"Local taxes" means the taxes or charges payable in the Country of destination.

Payment Method means a valid payment method such as a bank account, debit or credit card.

Amount paid means the amount paid to the Beneficiary after conversion into currency and deduction of local taxes.

Recipient means any person who receives money through the Service.

"Sender" means anyone who uses the Service to send money.

Service Fee means the fee plus any additional charges applicable to each transaction.

Service Provider means a local bank or bureau de change, or any third party service provider residing in the Country of destination and with which Bwana Money works to provide the Service.

Transaction means a specific instruction given for sending money through the Service.

Transaction amount means the amount of money that the Sender wishes to send to the Beneficiary, excluding applicable fees and before any conversion into currency.

 

3. OUR OBLIGATIONS

 

3.1 Under these Terms and Conditions, we agree to provide the Service to you with reasonable care. The Service may be totally or partially unavailable in certain regions, territories or countries.

 

3.2 We are not obligated to process all transactions. When you post a Transaction, you ask us to process the Transaction on your behalf. We may, at our discretion, accept or decline to process this Transaction. However, if we decide not to process it, we will notify you promptly and refund the amount you paid us.

 

3.3 Bwana Money reserves the right from time to time to modify or discontinue all or part of the Service without notice, and at any time. We may, in our absolute judgment, refuse a Transaction or limit the amount to be transferred, for each transaction or for several transactions, to an account or to linked accounts.

 

3.4 We may, in our judgment, refuse the Transaction validated by a Sender or sent to a Recipient, including, without limitation, to legal and natural persons appearing on prohibition or restriction lists issued by the authorities. . In addition, Payment Methods may be inaccessible to certain customers and we may, at our discretion, refuse a Transaction funded with certain Payment Methods.

 

3.5 We will try to process Transactions promptly. However, a Transaction may be delayed or canceled for several reasons, including, without limitation, the following: our process for verifying your identity; validation of your transaction instructions; communication with you; compliance with applicable law; or due to variations in opening hours and monetary availability.

 

3.6 We will try to provide the Sender and the Recipient with up-to-date information regarding the addresses and opening hours of our Service Providers through our website. However, you agree that Bwana Money cannot be held responsible for any inaccuracy of this information or for any consequential loss which may result from incorrect or incomplete information.

 

4. YOUR OBLIGATIONS

 

You accept :

4.1 Not to access, use or try to use the Service if you are under 18 and do not have the legal capacity to contract in the territory concerned;

 

4.2 For each of your Transactions, to pay us the Service Fee in addition to the Transaction Amount. Payment is due at the time you post your Transaction. If you post a Transaction that incurs charges to Bwana Money, including, without limitation, chargeback charges or other charges, you agree to reimburse such charges to Bwana Money;

 

4.3 Regarding your registration and use of the Service, to:

4.3.1 Provide us with true, accurate, current and complete proof of your identity and promptly update your personal information if it changes;

4.3.2 Provide our service providers with information relating to one or more Payment Methods; and

4.3.3 Provide us with truthful, accurate, current and complete information for all Transactions.

Bwana Money declines all responsibility for any damages resulting from non-payment or late payment of a money transfer to a Recipient, or from the failure of a Transaction undertaken through the Service for one of these reasons.

 

4.4 When you pay for a Transaction in one currency and the Beneficiary is paid in a different currency, the conversion rate at which we buy the currency and the exchange rate we apply to your Transaction are different. This difference generally results in a minor profit on the part of Bwana Money and its Service Providers. If the account is denominated in another currency, the amount the Beneficiary will receive will be reduced by the amount of the additional costs incurred by the incorrect information you have provided to us, and we will not be required to compensate for this reduction;

 

4.5 When sending money under these Terms and Conditions, it is your responsibility to first verify the accuracy of all information relating to the Transaction. Once a Transaction is sent for processing, it is normally not possible to modify its information. You will be able to confirm your Transaction before validating it. On this occasion, carefully check the information provided.

 

4.6 That Bwana Money accepts no responsibility for any charges you may incur in using any payment method to finance your Transaction. These may include, but are not limited to, overdraft fees imposed by a bank if your bank account is insufficiently funded, or additional cash advance and interest charges taxable by credit card providers. credit if they view the use of the Service as a cash transaction rather than a purchase transaction;

 

4.7 Use the Service only to send money to people you know personally and not to pay for goods and services. If, in violation of this article, you choose to use the Service to compensate a third party in exchange for goods and services, you agree that Bwana Money has no control over, and assumes no responsibility for, the quality, safety or security. , the legality or delivery of such goods and services, and that you assume full responsibility for such use of the Service. If Bwana Money reasonably believes that you are using the Service to purchase goods or services, it reserves the right to cancel your Transaction;

 

4.8 You and the Beneficiary only act on your own behalf. You may not send or receive a Transaction on behalf of a third party. If you plan to send or receive a Transaction on behalf of a business or any entity other than a natural person, you must notify us and provide us with any additional information that we ask you to in order to decide whether we allow or not the Transaction;

 

4.9 That the use of this Service implies compliance with these General Conditions, as well as any applicable laws, rules or regulations. Use of the Service to send money (i) to a Recipient who has violated the Terms and Conditions or (ii) related to illegal activity, including, without limitation, money laundering, fraud and the financing of a terrorist organization, constitutes a violation of these General Conditions. If your use of the Service is related to illegal activity, Bwana Money may report you to the relevant legal authorities;

 

4.10 By using our website or the Service, or interacting with Bwana Money, a user or a third party, not to:

4.10.1 Breach these General Conditions or any other contract concluded between Bwana Money and you;

4.10.2 Open multiple accounts without our prior written permission;

4.10.3 Provide false, inaccurate or misleading information;

4.10.4 Allow a third party to access your registration information but, on the contrary, ensure the security of this information;

4.10.5 Refuse to confirm any information you provide to us, including through proof of identity, or refuse to cooperate with an investigation;

4.10.6 Use an anonymization proxy (tool aimed at removing traces of an activity); or

4.10.7 Copy or monitor our website using a robot, web crawler, or other automatic device or manual process, without our prior written permission.

 

4.11 That Bwana Money may, if necessary for the provision of the Service, store all the information required on a Beneficiary in order to certify his identity or all the information associated with his Transaction. These supporting documents may include a valid official identity document appearing on the list of admissible documents provided by the Service Provider and / or a Transaction reference number, a personal identification number (PIN), a password, a secret word, or any other similar identifier.

 

5. CANCELLATION AND REFUND

 

5.1 If you encounter any problems while using the Service, you must contact us by one of the means offered at the end of these Terms and Conditions.

 

5.2 The law provides that you can cancel the contract concluded with Bwana Money after sending a Transaction. This right of cancellation is valid fourteen (14) days after sending the Transaction or until the contract comes to an end due to our payment of the Amount paid to the Beneficiary, if this occurs earlier. If under the terms of this article you exercise your right of cancellation, we may apply a cancellation fee.

 

5.3 If, under the terms of this article, you wish to exercise your right of cancellation, you must send a written request, by one of the means proposed at the end of these General Conditions, mentioning the full name and address of the 'Sender, his telephone number as well as the Transaction reference number, the Amount of the transaction and the reason for the refund request.

 

5.4 The reimbursement will be credited to the Means of Payment which was used to finance the Transaction and in the same currency. No adjustment will be due for a currency fluctuation that has occurred in the meantime.

 

6. COLLECTION OF INFORMATION

 

6.1 Client Identification Program. The law requires all financial institutions to participate in the fight against money laundering and the financing of terrorist organizations by obtaining the identity of all their customers, and by verifying and recording this information. Therefore, we may ask you to provide your personally identifiable information. We may also legally consult other sources to obtain information about you.

 

6.2 Controls and verifications. In order to confirm your identity, we will verify your home address and your personal information. We may also transmit your personal information to a commercial intelligence agency which may store this information. However, this is only to confirm your identity and will not result in any credit check or credit assessment. All the information you provide will be treated securely and in strict accordance with the Personal Data Protection Act.

 

6.3 By accepting these General Conditions, you authorize us to conduct any investigation that we deem necessary to validate the information provided. To do this, we can proceed directly, asking you for additional information, asking you to confirm the ownership of your Payment Methods or your email address; or indirectly, by verifying your information against third party databases; or through other sources.

 

6.4 Data privacy policy. You agree that we process your personal information in order to provide the Service, including for verification purposes under this section. You also agree that we use this data to communicate with you and for legal, accounting and archival purposes. You acknowledge that you have read and accept the Bwana Money Data Privacy Policy.

 

6.5 Disclosure at the request of the authorities. We may be legally required to provide the government and any competent authority with information relating to you and your Transactions, in accordance with our Data Privacy Policy. You hereby acknowledge and accept our right to do so.

 

7. INTELLECTUAL PROPERTY

 

7.1 The Bwana Money website and the Bwana Money Service, their content and any associated intellectual property and what they contain (including, without limitation, copyrights, patents, sui generis rights of data, trademarks and service marks) are the property of Bwana Money, its affiliates or third parties. All right, title and interest in the Bwana Money website and the Bwana Money Online Service must remain the property of Bwana Money and / or the property of such third parties.

 

7.2 The Bwana Money website and the Bwana Money Service may be used only for the purposes permitted by these Terms and Conditions or described on this website. You are authorized to view the pages of the Bwana Money website and to retain a copy for your personal use only. Without the written consent of Bwana Money and in any way, you may not reproduce, publish, modify, post on the Internet, distribute or exploit, in whole or in part, the Bwana Money website and the Bwana Money Service nor use them to create derivative works or participate in their transfer or sale, for public or commercial use. You may not: (a) use any robot, web crawler, content extraction script or any other automated device to access the Bwana Money website or the Bwana Money Service nor (b) delete or modify a copyright or trademark notice or any notice or legend relating to intellectual property rights displayed on the Bwana Money website (or printed pages of the site). The name Bwana Money and other names and signs of ownership of Bwana Money products and / or services referred to on the Bwana Money website constitute the exclusive trademarks of Bwana Money or of third parties. Other names of products, services or companies mentioned on the website may constitute the trademarks of their respective owners.

 

8. GUARANTEE AND LIABILITY

 

8.1 We will reimburse you for any profit resulting from a breach of the contract between Bwana Money and you. For example, if a money transfer fails under these circumstances, we will refund you the Transaction Amount and the Service Fee.

 

8.2 If a money transfer is unsuccessful or delayed, you may be entitled to a refund or compensation under the laws governing the provision of international money transfer services. To find out your right to reimbursement or compensation, contact us by one of the means offered at the end of this contract.

 

8.3 Any request for compensation sent by you and / or a Beneficiary (not registered with Bwana Money) must be accompanied by supporting documents.

 

8.4 If you or a Beneficiary (not registered with Bwana Money) suffer a loss not giving rise to a right to payment under the legislation invoked by Article 8.2, Bwana Money will accept responsibility for this loss only within the limit of the greater of: (a) the amount of any service charge; and (b) $ 500, unless otherwise agreed in writing by Bwana Money. Our limit of liability applies only to a claim for loss resulting from a transaction or related transactions, or (if a loss does not result from one or more Transactions) from any act, event or omission, or acts, events or related omissions. For example, if you suffer a loss resulting from our failure to perform the contract between Bwana Money and you in two independent Transactions, you are entitled to claim up to $ 1,000.

 

8.5 In any case, we decline all responsibility for:

 

8.5.1 Any failure to carry out your instructions resulting from circumstances which could reasonably be considered to be beyond our control;

 

8.5.2 Any failure of the means of communication that cannot reasonably be considered to be under our control and likely to affect the accuracy or timeliness of the messages you send to us;

 

8.5.3 Any loss or delay in the transmission of messages resulting from the use of an Internet service provider or caused by a browser or other software beyond our control;

 

8.5.4 Any errors on the Website or with the Service caused by incomplete or incorrect information that you or a third party has provided to us.

 

8.6 When you send a money transfer to a Beneficiary not registered with our services, you agree that the stipulations of article 11 apply to yourself but also to the Beneficiary.

 

8.7 The relationship established under this contract is binding on you and Bwana Money. You agree that no affiliate or agent of Bwana Money will owe you any duty of care in performing any task that would otherwise have been performed by Bwana Money under this Agreement.

 

8.8 You agree to cover Bwana Money, as well as its subsidiaries, affiliates, agents, directors, employees, agents, independent contractors, advertisers, partners and co-branding partners for any loss, claim, action, demand or damage, including including reasonable legal costs, arising from your use or misuse of this Website or Service, any activity performed with your password or account login ID, your violation of these Terms and Conditions, or any other violation of the rights of another person or a third party.

 

 

9. ELECTRONIC COMMUNICATIONS

 

9.1 You acknowledge that these Terms and Conditions must be concluded electronically and that the following categories of information (Communications) may be provided electronically:

9.1.1 These General Conditions and any modification or addition made thereto;

9.1.2 The recording of your transactions carried out through the Service;

9.1.3 Any publication or mention provided on an initial, periodic or in any other way relating to the Service, including, without limitation, that required by law;

9.1.4 Any communication from customer service, including, without limitation, communications relating to complaints of error or unauthorized use of the Service;

9.1.5 Any other communication related to the Service or to Bwana Money.

 

9.2 The Service does not authorize the provision of Communications in paper format or through any means other than electronic. You can withdraw your consent to receive Communications electronically. In doing so, this cancellation results in the cessation of your use of the Service. To withdraw your consent, you must contact us by one of the means offered at the end of these Terms and Conditions.

 

9.3 To access and retain Communications, you must have or have access to the following:

9.3.1 An Internet browser that supports 128-bit encryption, such as Internet Explorer version 4.0 or later;

9.3.2 An email account and an email client compatible with Bwana Money's email servers;

9.3.3 A personal computer, tablet or smart phone, operating system and Internet connection supporting the above;

9.3.4 A hard drive or other storage device with sufficient electronic storage capacity; and

9.3.5 A printer capable of printing from your browser and e-mail client. In addition, you must promptly notify us of any changes to your email address by updating your profile on the website http://www.bwanamoney.com.

 

10. TERMINATION

 

10.1 Either party may terminate these General Conditions by written notice one day in advance.

 

10.2 We may terminate these Terms and Conditions with immediate effect if you:

10.2.1 become or are likely to become insolvent, or are declared bankrupt;

10.2.2 breach any provision of these General Conditions;

10.2.3 use the Service or the website in a way that is harmful to other Bwana Money customers or if we believe that you are committing an act that would discredit Bwana Money;

10.2.4 breach or attempt to breach the security of the Website (including, without limitation: modifying or attempting to modify any information; logging in with unauthorized credentials, accessing or accessing data; deleting in an unauthorized manner; interfering with the service, system, host, or network; reverse engineering 2; hacking; tampering with data; introducing viruses, Trojans, worms, or any other destructive or damaging program or engine; or by testing security in any way).

 

11. CLAIMS

 

11.1 To make a complaint about the Bwana Money service, please send us an email to the address indicated on the Contact Us page or an email to [customerservice@bwanamoney.com].

 

11.2 We will acknowledge receipt of your complaint within two working days. We will investigate and present the results of our investigation to you no later than seven working days from the date of receipt of your complaint.

 

12. GENERAL

 

12.1 Applicable law: this Agreement is governed by Canadian law and the parties are subject to the exclusive jurisdiction of the Canadian courts.

 

12.2 Absence of waiver: the failure of Bwana Money in the exercise or execution of a right or a stipulation of these General Conditions shall not constitute a waiver of this right or this stipulation.

 

12.3 Modification: we can modify these General Conditions at any time without notifying you, except as provided by law. You can review the most recent version of these Terms and Conditions at any time on this website. You can end your use of the Service if you dispute a change. If you use the Service after the effective date of a change, you are deemed to have accepted that change. You agree not to modify these General Conditions and you acknowledge that any attempt to modify these Conditions on your part will be without effect.

 

12.4 Complete contract: this contract constitutes the entire contract concluded between the parties and replaces any agreement or any contract covering the subject of this contract.

 

12.5 Severability: if any of the stipulations of these General Conditions should be considered invalid by an arbitrator or the competent court, the parties would nevertheless agree that the arbitrator or the court shall endeavor to put into practice the intentions of the General Conditions reflected by the stipulation, and the other stipulations of these General Conditions would remain in full force.

 

12.6 External links on the website leading to third party websites are provided as a convenience to you. These sites are in no way controlled by Bwana Money and we accept no responsibility for the accuracy, completeness, legality or any other aspect of these sites including their content. You access these websites at your own risk.

                                                                               

 

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