THIS REMITTANCE SERVICES AGREEMENT ("AGREEMENT") SETS FORTH THE TERMS AND CONDITIONS UNDER WHICH KANACASH WILL PROVIDE KANACASH REMITTANCE AND RELATED SERVICES TO YOU. THESE TERMS AND CONDITIONS AFFECT YOUR RIGHTS AND YOU SHOULD READ THEM CAREFULLY. BY DOWNLOADING, ACCESSING AND USING THE KANACASH APPLICATION, YOU ACCEPT AND AGREE TO THE TERMS AND CONDITIONS IN THIS AGREEMENT.
1. Definitions in this Agreement.
The words "you" and "your" refer to the person who downloads the Application and uses the Service.
The words "KanaCash", "we" and "us" and "our" refer to KanaCash. a Delaware (USA) corporation.
The word "Application" or "app" means the technology made available by KanaCash to you on your mobile phone or other electronic device by which you may access and use the Service.
The word "Beneficiary" means the person to whom you send money.
The word "E-Wallet" means the stored value account into which your Remittance may be paid to your Beneficiary, generally accessible on your Beneficiary's mobile phone.
The word "Payment Account" means the debit or prepaid card account or bank account (or such other source of funds that KanaCash agrees to accept from time to time for use hereunder and that you authorize KanaCash to charge) that you provide to KanaCash for KanaCash to charge for payment for your use of the Application. The Payment Account must be issued or held in your name at a depository institution in your country.
The word "Remittance" means the transfer of funds that you request and authorize KanaCash to process through the Application for payment to your Beneficiary.
The word "Service" means the transfer of funds from you to your Beneficiary through the Application, and activities related to that transfer.
2. Scope of Agreement.
2.1 This Agreement applies only to the Remittances that you request through the Application.
3. Registration Information
3.1 In order to use the KanaCash Remittance Facility Application, you must be at least 18 years old, be a resident of the United States, Canada, or another origination country approved by KanaCash, have a Payment Account in your name in the approved origination country, and be registered with KanaCash. In order to register, you must download the Application and provide KanaCash with information about yourself, such as your name, address, date of birth, telephone number, email address and other information or documentation that will allow us to verify your identity. The home address that you provide when registering must be the same as the billing address for your debit card or prepaid card. You agree to provide complete and accurate information and/or documentation in connection with the registration process. You further agree to update this information as reasonable or necessary to keep it complete and accurate at all times.
3.2 Your use of the Application is subject to our ability to verify your identity. You authorize KanaCash to obtain information about you from third parties (including financial institutions and credit reporting agencies), although KanaCash has no obligation to do so. If you do not provide accurate and complete information during registration or when requesting a Remittance, we have the right to prohibit you from using the Service or the Application or to stop your requested Remittance. Inaccurate and/or incomplete information provided by you during registration or when requesting a Remittance may cause errors in your requested Remittance or may delay or restrict your access to the Application or the Service.
3.3 Each time you access the KanaCash Remittance Facility Application, you shall be deemed to have confirmed the accuracy and completeness of all of your registration information.
3.4 Your registration is personal to you. You should not allow your registration details to be used by anyone else. Registration with KanaCash allows your Payment Account to be accessed through the Application. If you lose your phone or believe your access to the Application has been compromised, you should contact KanaCash immediately at help@KanaCash.com to change your password or disable your access to the Application.
4. Description of the Service.
4.1 You may use the Application only to send a Remittance to a Beneficiary located in a country where KanaCash provides payment service, as designated on the Application from time to time. KanaCash and KanaCash-designated service providers will process the Remittance and make funds available for receipt by the Beneficiary as described below.
4.2 Your use of the Application or the Service does not constitute or create a fiduciary or escrow capacity between you and KanaCash. KanaCash provides a remittance service only; the funds that you direct KanaCash to pay to your Beneficiary are not held by KanaCash as a deposit or in escrow, and KanaCash is not holding or processing your Remittance as a fiduciary. KanaCash's only obligation is to pay your Remittance to your Beneficiary or to return the principal amount of the Remittance to you.
4.3 The Service is generally available 24 hours a day, 365 days a year, although there may be times when the Service is unavailable to you or to your Beneficiary. Periods of unavailability may be caused by KanaCash's own acts (such as temporary periods when the Service is taken off-line to make upgrades or improvements), or by events beyond KanaCash's control, such as power outages, telecommunications failures, war or civil unrest, natural disasters or other acts of God. KanaCash may, from time to time, set limits on the value of Remittances you may send (both individually and over a period of time), as well as the value of Remittances any Beneficiary may receive. KanaCash may delay payment of your Remittance to allow KanaCash to determine that your Remittance complies with applicable law, regulation or KanaCash policies. KanaCash has the right, without notice to you, to refuse to accept or pay any Remittance that KanaCash determines in our sole discretion may violate applicable law, regulation or our policies, including laws, regulations and policies intended to help detect and prevent money-laundering, terrorist financing, fraud, and other abuses of financial services; if we accept a Remittance and then determine that it may violate any such law, regulation or policy, we may hold the Remittance until such time that the matter is resolved.
4.4 You must only use the Service to send a Remittance to people that you know personally, and not to pay for goods or services from third parties you do not know and trust. If you choose to pay third parties for goods and services using the Service, please note that KanaCash has no control over, and is not responsible for, the quality, safety, legality, or delivery of such third party goods or services, and that any such use of the Service is entirely at your own risk.
5. Authority to Charge Payment Account; Fees and Expenses.
5.1 In order to use the Service, you must use the Application to direct KanaCash to withdraw the principal value of the Remittance from your Payment Account, plus any applicable fees and charges; by requesting a Remittance, you authorize KanaCash to charge your Payment Account for the principal amount of the requested Remittance and applicable fees and charges, if any. You acknowledge that KanaCash has no obligation to process or complete a requested Remittance if KanaCash is unable for any reason to obtain authorization or settlement of the funds from your Payment Account for the principal amount of the requested Remittance and all applicable fees and charges.
5.2 KanaCash will disclose its fees and charges for providing the Service to you before you initiate a Remittance. KanaCash's fees and charges may change from time to time and may depend, among other factors, on the principal amount of your Remittance, your type of Payment Account, your location, and the location of your Beneficiary. In addition to the fees and charges, KanaCash will also show you the foreign exchange rate (that is, the rate at which your funds will be converted into the currency to be paid to your Beneficiary) applicable to your Remittance before you send it. KanaCash's foreign exchange rates change from time to time. In addition to the fees and charges you pay when sending a Remittance, KanaCash makes money when we convert the currency you send into the currency we pay to your Beneficiary.
5.3 If the charge to your Payment Account is returned, charged back or canceled for any reason after KanaCash has processed your Remittance request, you will be responsible to KanaCash for the principal amount of the Remittance and all associated fees and charges. You agree to pay such amounts, plus any applicable additional service fee and/or a non-sufficient funds (NSF) fee of USD 20 as a result of the return to KanaCash immediately upon demand. You authorize us to debit your Payment Account for the amount of any of the foregoing amounts.
You may be subject to fees (including a cash advance fee) under your agreement with the bank or other financial institution that issues your debit card when you use such a card for a Remittance. You should review your card agreement regarding such potential fees.
5.4 Although KanaCash will pay the full principal amount of your Remittance to your Beneficiary in the currency KanaCash specifies to you when you initiate your Remittance, your Beneficiary may incur costs, fees or charges from their bank, mobile phone company, E-Wallet issuer or other parties to maintain or withdraw the funds. Furthermore, your Beneficiary's ability to use or withdraw the funds you send may be limited by the terms of your Beneficiary's E-Wallet issuer.
6. Reliance by KanaCash.
Use care when inputting information about your Beneficiary; spell your Beneficiary’s name correctly and provide it in full, and verify that you have provided us with the Beneficiary’s correct phone number. You represent and warrant to us that all information you enter into the Application or otherwise provide to KanaCash is true and complete, including information about you, your Payment Account, and your Beneficiary. When processing a Remittance Payment, KanaCash may rely on the registration information and Remittance information that you provide, including information about your Beneficiary. You acknowledge that any errors in the information you provide, including misidentification of Beneficiary(s), incorrect or inconsistent account names and numbers, or misspellings, are your responsibility.
7. Execution of a Remittance.
The KanaCash Remittance Facility Application is generally available 24 hours a day, seven days a week, 365 days a year. In most cases, your Beneficiary is paid without delay through the KanaCash mobile application; accordingly, once you originate a Remittance, you may be unable to stop or to change it.
While most transactions are paid or made available to your Beneficiary within minutes, if KanaCash becomes aware that delivery to your Beneficiary is delayed, KanaCash will contact you as soon as practicable and keep you informed about the delay.
8. Payment of Funds to Beneficiary
8.1 KanaCash and/or KanaCash designated service providers will arrange for the payment of the Remittance to your Beneficiary. KanaCash reserves the right to select the form of payment to the Beneficiary. KanaCash and/or KanaCash designated service providers will use reasonable efforts to provide payment in a form requested, but the KanaCash Application is not obligated to provide payment options for a specific Payment. Depending on the situation and the availability of various payment options, payment may be made by means of a credit to a mobile wallet, currency (cash), by check, by stored value card, credit to a bank account or credit card account or by some other payment instrument. Not all payment methods are available in all countries, and KanaCash reserves the right to change payment method options. If a Beneficiary cannot be located and identified, the Remittance Payment funds may be returned to you either by a credit to your Payment Account or by check, at KanaCash's option.
8.2 KanaCash reserves the right to establish identification and verification requirements for a Beneficiary to receive a Remittance. KanaCash may rely, without further investigation, upon identification information or documentation provided by you or a Beneficiary, including any code or identifier number of the Remittance, when paying the Beneficiary. KanaCash has the right to decline to pay the Beneficiary if KanaCash cannot verify the identity of the Beneficiary or if KanaCash believes that you or your Beneficiary may be in violation of this Agreement or any applicable law, regulation or KanaCash policy. Although KanaCash has the right to establish identification and verification requirements, and the Beneficiary's failure to comply with them is a basis for declining payment of the Remittance, KanaCash has no obligation to establish any such requirements.
9. Foreign Exchange
9.1 Payments to Beneficiaries are generally made in the currency of the Beneficiary's country. If permitted by applicable law and the Application, you may request your Remittance to be paid in another currency approved and made available by KanaCash from time to time.
9.2 If a currency conversion is required, KanaCash and/or KanaCash-designated service providers will convert the currency in which you initiate your Remittance into the local currency at the KanaCash exchange rate for your Remittance in effect at the time you initiate your Remittance. KanaCash will disclose the exchange rate to you before you authorize the Remittance. KanaCash's exchange rates vary from time to time, and may also differ depending on the principal value of your Remittance and other factors. In addition to the fees and charges applicable to your Remittance, KanaCash makes money when your currency is converted into the currency in which your Remittance is paid.
10. Permissible Remittance Payments.
The Application is not intended for use by any person in any jurisdiction or country where such use would be contrary to law or regulation. Specifically and without limitation, you may not use the Service for any Remittance (a) induced by or involving the proceeds of crime, fraud or other improper activity; (b) exceeding KanaCash's transaction limits (whether in amount, frequency or otherwise); (c) sent for the purpose of gambling, including placing bets or paying winnings; (d) intended to be used as an escrow or similar capacity for delayed payment; (e) which KanaCash determines is suspicious or may violate applicable law or regulation, including laws intended to detect and prevent money- laundering, terrorist financing, human trafficking, fraud, or to enforce currency or exchange rate controls. You agree that you will only request a Remittance that complies with this Agreement, applicable origination country laws and applicable laws in the country of the Beneficiary. You may only use the Application to send Remittances on your own behalf. You may not resell the Application or use the Application to make Remittances on behalf of, or as an agent for, another person. You will provide information and/or documentation that KanaCash may request from time to time in order for KanaCash to comply with any applicable laws, including anti-money laundering laws. KanaCash may refuse payment of any Remittance which KanaCash determines in its sole discretion does not comply with applicable law, KanaCash policy or the terms of this Agreement.
11. Rejection of Remittance Payment Request.
11.1 KanaCash has the right to reject your request for a Remittance, or to decline to complete a request for a Remittance, or to impose a value or frequency limitation on your use of the Service, without cause or prior notice to you. Without limiting the foregoing, KanaCash may suspend, delay or reject your Remittance Payment request if:
- the value of one or more of your Remittance requests exceed any limits established by KanaCash;
- KanaCash is unable to charge your Payment Account for the principal amount of the Remittance and related fees and charges;
- your Remittance request is incomplete or unclear;
- KanaCash is unable to confirm your identity or verify any registration or Beneficiary information, including the identity of the Beneficiary;
- KanaCash suspects fraud or irregularity or illegality;
- your name or the name of your Beneficiary is a possible match to a name on one or more applicable "watch lists" maintained by governments, inter-governmental groups or KanaCash to help detect and prevent illegal activity;
- KanaCash and/or KanaCash-designated service providers are unable to fulfill your request for any reason.
11.2 If your request for a Remittance is declined for any reason, KanaCash will notify you by an SMS / text message or electronic mail, or by any other reasonable means of notice.
11.3 Generally, if your request for a Remittance is declined or rejected, KanaCash will return the principal amount of your Remittance to your Payment Account, if it has already been withdrawn; there may be circumstances, however, where the law requires KanaCash to hold your Remittance or to pay it to another party (including a government agency). If that happens, KanaCash will inform you, if we are permitted to do so by applicable law.
12. Limitation of Liability.
KanaCash is not responsible for any delay, failure to execute, or an error in the execution of your Remittance request due to circumstances beyond KanaCash's reasonable control, whether caused by strikes, power failures, equipment malfunctions, war, riots, governmental or court orders, work stoppages or similar occurrences or circumstances, or incorrect or incomplete information provided by you. You further agree that KanaCash may refuse to process or delay processing any request if it would violate any guideline, rule, policy or regulation of any government authority or funds transfer system.
Under no circumstances will KanaCash be liable for damages, whether caused by the negligence of KanaCash's employees, contractors, agents or others, beyond the sum of ONE THOUSAND UNITED STATES DOLLARS (USD 1,000.00), in addition to refunding the principal amount of the Remittance and any fees and costs you may have paid to KanaCash to send it. You may also be entitled to your attorneys’ fees and the costs of pursuing the dispute.
Notwithstanding the prior paragraph, you may contact KanaCash before you send your Remittance to request our written agreement to a higher limit on liability for a Remittance, which we may provide at our sole and absolute discretion. KanaCash may charge you for any such higher limit on liability.
Under no circumstances will KanaCash be liable for any incidental, indirect, special, punitive or consequential damages or the like.
THE APPLICATION AND SERVICE ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. KANACASH MAKES NO WARRANTIES, EXPRESS OR IMPLIED WITH RESPECT TO THE APPLICATION OR THE SERVICE. KANACASH DOES NOT WARRANT THE FUNCTIONALITY OF THE APPLICATION OR THE ACCURACY, ADEQUACY OR COMPLETENESS OF ANY INFORMATION RELATED THERETO AND EXPRESSLY DISCLAIMS LIABILITY FOR NON- FUNCTIONALITY OF THE APPLICATION AND THE SERVICE, OR ERRORS OR OMISSIONS IN ANY INFORMATION. NO WARRANTY OF ANY KIND, IMPLIED, EXPRESSED OR STATUTORY INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NONINFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND FREEDOM FROM COMPUTER VIRUS, IS GIVEN IN CONJUNCTION WITH THE APPLICATION OR THE SERVICE.
13. Error Resolution and Cancellation Policy
For error resolution, transaction cancellation, questions, complaints or a written explanation of your rights, contact us at support@KanaCash.com.
Because KanaCash credits Remittances to Beneficiaries immediately, your Remittance is typically not cancellable or refundable. If you believe that you sent a Remittance in error, you must contact us within thirty (30) minutes after you initiated it at support@KanaCash.com or by calling us at +(800) 498-0623, and we will attempt to recall it. If your Remittance has not yet been credited to your Beneficiary’s account, we will refund it to you (including all fees, if any) within three (3) business days. However, if the Remittance has already been credited to your Beneficiary's account we will make reasonable efforts to reverse or retrieve it, but we may be unable to do so.
If you notify us that the account number, telephone number, Beneficiary name or other information that you provided to us when you initiated your Remittance was incorrect, we will promptly use reasonable efforts to recover the amount of your Remittance, but we may be unable to do so if your Remittance has already been paid or credited in accordance with the information you provided.
You have a right to dispute errors in your transaction. There is no charge for this service. If you think there is an error, contact us at support@KanaCash.com within 180 days after you sent your Remittance, and provide your name, contact information, the Beneficiary's name, the date of your transfer, as well as the reason you believe there has been an error. KanaCash will investigate and determine whether an error occurred, and we will complete the investigation within ninety (90) days. We will inform you of the investigation results within three (3) business days after the investigation is completed. You may request copies of any documents we used in our investigation. If KanaCash was at fault, we will refund the total amount you paid, including fees, if any, within one business day, or as soon as reasonably practicable.
KanaCash will pay all refunds (whether resulting from a canceled or disputed Remittance) either by a credit to your Payment Account or by check payment, at KanaCash's option. Alternatively, you can choose to have KanaCash process the Remittance again for no additional charge. However, if KanaCash has not charged your Payment Account, but an authorization hold for the amount to be charged by KanaCash has been placed on the funds at your bank, KanaCash will cancel the transaction and request that the authorization hold at your bank is released. This process can take several days; that timing depends on the relationship between your bank and our payment processor, over which we have no control.
Except for our obligation to investigate and refund described above, KanaCash is not liable to you for any loss resulting from KanaCash's inability to cancel or refund a Remittance.
The following paragraph applies only to transactions sent from California to a foreign country:
"RIGHT TO REFUND. You, the customer, are entitled to a refund of the money to be transmitted as the result of this agreement if KanaCash does not forward the money received from you within ten (10) days of the date of its receipt, or does not give instructions committing an equivalent amount of money to the person designated by you within ten (10) days of the date of the receipt of the funds from you unless otherwise instructed by you. If your instructions as to when the moneys shall be forwarded or transmitted are not complied with and the money has not yet been forwarded or transmitted, you have a right to a refund of your money. If you want a refund, you must send your written request to help@KanaCash.com. If you do not receive your refund, you may be entitled to your money back plus a penalty of up to USD 1,000 and attorneys' fees pursuant to Section 1810.5 of the California Financial Code."
14. Arbitration of Disputes.
Where allowed, any dispute or claim arising from or relating to this Agreement, any Remittance or the Service, including disputes involving this provision about the resolution of disputes, will be settled by binding arbitration.
For Remittances originated in the United States, all disputes will be settled by binding arbitration administered by the National Arbitration Forum ("NAF") under its Code of Procedure in effect when the dispute is filed, and shall be arbitrated in the most populous city in the state where the Remittance was sent. Each party will pay for its own attorneys, experts and witnesses. Neither party shall have the right to participate in any class of claimants pertaining to any claim. Third parties' claims shall not be joined in any arbitration between KanaCash and you. Information about NAF may be obtained, and disputes may be filed, at a NAF office; for further information, see www.arbitration-forum.com, or contact NAF at P.O. Box 50191, Minneapolis, MN 55405. This Agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 USC Sections 1016. Except as expressly provided in this paragraph, the parties waive all rights to a court or jury trial to resolve disputes or claims arising from or relating to this Agreement, any Remittance, or the Service.
15. Electronic Communications
In order to use the Application, you consent to receive and accept this Agreement, any amendment to this Agreement, and all notices relating to the Application and Service by means of electronic (SMS-text message or email) communications. If any change to this Agreement requires prior notice to you, KanaCash will notify you by SMS-text message or email, at the telephone number or email address that you provided when registering for the Application, or KanaCash will provide you with a link in such SMS-text message or email to where you may view the revised or amended Agreement. KanaCash will make available to you a record of each of your Remittances electronically on the Application. In order to use the Application, you must have an Android device or iPhone or any other device approved by KanaCash. You agree that if you remove your consent to receive electronic communications, KanaCash will terminate your use of the Application and Service.
16. General Terms.
This Agreement, along with all the material incorporated into it by reference, constitutes the entire understanding between you and KanaCash concerning the Application and the Service. It supersedes all prior agreements and may not be modified orally. KanaCash may modify, supplement, alter and amend this Agreement at any time, and you will be deemed to have agreed to any such changes if you continue to use the Application after you have been notified of any such changes. KanaCash. and any of its subsidiaries and affiliates, along with the banks, telephone service providers and others we have engaged to assist us, may participate in the provision of the Service. We may assign this Agreement or delegate our obligations under it, in whole or in part, without notice to you and without your consent. If any portion of this Agreement is determined to be invalid, the remaining provisions will nevertheless be enforceable.
17. Governing Law.
If you are sending money from the United States, this Agreement is governed by federal law the United States of America and, where not in conflict with or preempted by such federal law, the laws of the State of New York, as applicable, without regard to conflict of law principles.