These Terms of Service ("Terms") constitute a legally binding agreement between you ("you" or "User") and FX Wallet Inc. ("FX Wallet," "we," "us," or "our"), a corporation incorporated under the laws of Canada, with its registered office at 2300 Yonge St, Suite 1600, Toronto, ON M4P 1E4, Canada.
FX Wallet is a registered Money Services Business (MSB) with the Financial Transactions and Reports Analysis Centre of Canada (FINTRAC), registration number C100000126. By accessing or using our platform, website, or services (collectively, the "Services"), you agree to be bound by these Terms.
PLEASE READ THESE TERMS CAREFULLY. If you do not agree to all of these Terms, you must not access or use our Services.
1. Eligibility
To use our Services, you must:
- Be at least 18 years of age or the age of majority in your jurisdiction, whichever is greater.
- Be a resident of Canada or an eligible jurisdiction where FX Wallet operates.
- Have the legal capacity to enter into a binding agreement.
- Not be a person or entity subject to economic sanctions, trade restrictions, or designated on any prohibited or restricted party lists maintained by the Government of Canada, the United States, the European Union, or the United Nations.
- Successfully complete our Know Your Customer (KYC) and identity verification process.
For business accounts, the individual accepting these Terms must have the authority to bind the business entity and must provide accurate beneficial ownership information.
2. Account Registration and Security
You must register for an account to use our Services. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate.
- You are responsible for maintaining the confidentiality of your account credentials, including your password and any multi-factor authentication methods.
- You are responsible for all activities that occur under your account.
- You must immediately notify us at [email protected] if you suspect unauthorized access to your account.
- We reserve the right to suspend or terminate your account if we suspect fraudulent activity, identity misrepresentation, or violation of these Terms.
3. Description of Services
FX Wallet provides the following financial services, subject to applicable regulatory approvals and limitations:
- Domestic Transfers: Interac e-Transfer, Electronic Funds Transfer (EFT), and domestic wire transfers within Canada.
- International Transfers: Cross-border wire transfers and international payment routing to 150+ countries.
- Foreign Exchange: Currency conversion services at competitive rates for supported currencies (USD, CAD, EUR).
- Multi-Currency Wallets: Hold, send, and receive funds in multiple supported currencies.
- FX Engine: Instant currency conversion, flexible rate locking, and transparent FX for competitive exchange rates.
We reserve the right to modify, suspend, or discontinue any Service at any time, with or without notice, subject to applicable regulatory requirements.
4. Fees and Charges
You agree to pay all fees associated with your use of the Services. Fees are disclosed before you confirm each transaction and may include:
- Transaction fees for domestic and international transfers.
- Foreign exchange margins applied to currency conversions.
- Wire transfer fees charged by correspondent banks or intermediary institutions.
- Account maintenance fees, if applicable.
We reserve the right to change our fee schedule at any time. Material changes to fees will be communicated to you at least 30 days in advance via email or in-platform notification.
All fees are quoted in Canadian dollars (CAD) unless otherwise specified. You are responsible for any taxes, duties, or levies imposed by your jurisdiction in connection with your use of the Services.
5. Transaction Processing
- Initiation: Transactions are initiated by you through the platform. Once you confirm a transaction, it may not be reversible.
- Processing Times: We will process transactions within the timeframes indicated on the platform. However, processing times are estimates and may be affected by bank processing schedules, compliance reviews, or external factors beyond our control.
- Compliance Holds: We may delay, suspend, or refuse any transaction that triggers our compliance monitoring systems or requires additional verification under AML/CTF regulations.
- FX Rates: Exchange rates are quoted in real-time and are valid for the duration specified at the time of the quote. Once a rate is locked and a transaction is confirmed, the rate is final.
- Errors: If you believe a transaction was processed in error, you must notify us within 30 days of the transaction date. We will investigate and, if an error is confirmed, take appropriate corrective action.
6. Regulatory Compliance
As a FINTRAC-registered MSB, we are required to comply with the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (PCMLTFA) and its associated regulations. You agree to:
- Provide truthful and accurate information for identity verification and ongoing due diligence.
- Cooperate with any requests for additional information or documentation related to your transactions or account.
- Not use the Services for any unlawful purpose, including money laundering, terrorist financing, tax evasion, fraud, or sanctions evasion.
- Acknowledge that we are required to report certain transactions to FINTRAC, including suspicious transactions, large cash transactions, and electronic funds transfers of $10,000 CAD or more.
7. Prohibited Activities
You agree not to use the Services to:
- Engage in money laundering, terrorist financing, or any activity that violates the PCMLTFA.
- Conduct transactions on behalf of undisclosed third parties (structuring or layering).
- Circumvent transaction limits, verification requirements, or compliance controls.
- Send or receive funds to/from sanctioned countries, entities, or individuals.
- Engage in market manipulation, insider trading, or other securities violations.
- Use the Services for illegal gambling, unlicensed money transmission, or any activity that violates applicable law.
- Attempt to gain unauthorized access to our systems, other users' accounts, or proprietary data.
- Interfere with or disrupt the integrity or performance of the Services.
8. Intellectual Property
All content, trademarks, logos, software, and technology associated with the Services are the exclusive property of FX Wallet Inc. or its licensors. You are granted a limited, non-exclusive, non-transferable, revocable licence to access and use the Services for their intended purpose, subject to these Terms.
You may not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
- FX Wallet shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business opportunities, arising from your use of the Services.
- Our total aggregate liability for any claim arising from or related to these Terms or the Services shall not exceed the total fees paid by you to FX Wallet in the 12 months preceding the event giving rise to the claim.
- We are not liable for delays, failures, or losses caused by third-party financial institutions, payment networks, or circumstances beyond our reasonable control (force majeure).
10. Indemnification
You agree to indemnify, defend, and hold harmless FX Wallet Inc., its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising from or related to your use of the Services, your violation of these Terms, or your violation of any applicable law or regulation.
11. Termination
- By You: You may close your account at any time by contacting us at [email protected]. You must settle all pending transactions and outstanding fees before closure.
- By Us: We may suspend or terminate your account immediately if we reasonably believe you have violated these Terms, engaged in prohibited activities, or if required by law or regulatory order.
- Effect of Termination: Upon termination, your right to use the Services ceases immediately. We will return any remaining funds in your account to your designated bank account, subject to applicable holds, fees, and regulatory requirements. Sections that by their nature should survive termination (including Sections 8, 9, 10, 12, and 13) shall survive.
12. Dispute Resolution
These Terms are governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles.
Any dispute arising from or relating to these Terms or the Services shall first be attempted to be resolved through good-faith negotiation. If the dispute cannot be resolved within 30 days, either party may submit the dispute to binding arbitration administered by the ADR Institute of Canada, in accordance with its arbitration rules, with the seat of arbitration in Toronto, Ontario.
Nothing in this section prevents either party from seeking injunctive or other equitable relief from a court of competent jurisdiction where necessary to protect its rights.
13. General Provisions
- Entire Agreement: These Terms, together with our Privacy Policy, AML Policy, and Cookie Policy, constitute the entire agreement between you and FX Wallet regarding the Services.
- Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.
- Waiver: Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
- Assignment: You may not assign or transfer these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.
- Amendments: We may modify these Terms at any time. Material changes will be communicated at least 30 days in advance. Your continued use of the Services after the effective date of any changes constitutes acceptance.
14. Contact Us
For questions about these Terms, please contact:
FX Wallet Inc. — Legal Department
2300 Yonge St, Suite 1600
Toronto, ON M4P 1E4, Canada
Email: [email protected]