e-Transfer Term of Service

Capitalized terms used in these e-Transfer Terms of Service (these “e-Transfer Terms”) have the meanings set out in the VoPay Terms of Service available at https://vopay.com/ca/legal/tos (the “Agreement”) unless otherwise defined in these e-Transfer Terms.

VoPay offers a payment software platform, facilitated by Interac’s e-transfer technology and services, that allows users to send and receive Canadian dollar electronic funds transfers over the Internet (“e-Transfer Services”). Funds transfers facilitated by the e-Transfer Services are performed by VoPay’s financial institution partner(s) based on instructions issued through the Services. If Customer has registered to use the e-Transfer Services, in addition to the terms and conditions of the Agreement and the Privacy Policy, Customer agrees to be bound by these e-Transfer Terms. If there is a conflict between these e-Transfer Terms and the terms and conditions of the Agreement, these e-Transfer Terms will apply to the extent necessary to resolve the conflict.

VoPay may amend these e-Transfer Terms at any time, without notification to Customer, and Customer should review these e-Transfer Terms from time to time by accessing the Services. Customer’s continued use of the e-Transfer Services will be deemed irrevocable acceptance of any such revisions. Before Customer continues, Customer should print or save a local copy of these e-Transfer Terms for its records.

1. Definitions.

1.1 “Autodeposit Recipient”

means a Recipient that has registered for auto-deposit of Interact e-Transfers, and to whom Interac e-Transfers do not require a Security Question.

1.2 “Interac e-Transfer”

means a money transfer sent or received using the e-Transfer Services.

1.3 “Participating Financial Institution”

means a financial institution participating in the system for sending and receiving Interac e-Transfers.

1.4 “Recipient”

means a person who claims an Interac e-Transfer, including if applicable, an Autodeposit Recipient.

1.5 “Request Money”

means a request for an Interac e-Transfer in a specified amount sent by a person from a Participating Financial Institution.

1.6 “Requestor”

means a person who sends a Request Money from a Participating Financial Institution.

1.7 “Security Question”

means a unique question chosen by the Sender, whereby the Recipient must provide the correct answer (as chosen by the Sender) to gain access to Interac e-Transfer funds.

1.8 “Sender”

means a person who instructs a Participating Financial Institution to send an Interac e-Transfer.

2. Sending an Interac e-Transfer.

After Customer initiates an Interac e-Transfer, VoPay will withdraw the Interac e-Transfer amount from the specified Account and send an email to the Recipient’s email address, as provided by Customer. The email will identify the Customer as the Sender, the Interac e-Transfer amount, the name of the Recipient, and that the Customer is using the e-Transfer Services. VoPay will hold the value of the Interac e-Transfer until VoPay receives notice that (a) the Recipient has correctly provided the answer to the Security Question and claimed the Interac e-Transfer, (b) the Recipient is an Autodeposit Recipient, or (c) the Customer cancels and reclaims the Interac e-Transfer. In order to initiate an Interac e-Transfer, the Customer must have the necessary funds in the Account from which the Interac e-Transfer is sent and VoPay shall stop facilitating an Interac e-Transfer if funds are not available in the relevant Account, but will resume facilitating the Interac e-Transfer once the required funds are deposited into the relevant Account.

3. Claiming or Declining an Interac e-Transfer.

3.1. A Recipient of an Interac e-Transfer may claim or decline an Interac e-Transfer using the Services, the online or mobile banking services of a Participating Financial Institution, or the Interac payment service. Participating Financial Institutions or Interac may charge additional fees if used to claim or decline Interac e-Transfers.

3.2. If a Recipient is not an Autodeposit Recipient, a Recipient must provide the correct answer to the Security Question to claim or decline an Interac e-Transfer.

3.3. A Recipient who successfully claims an Interac e-Transfer using the online banking or mobile banking services of a Participating Financial Institution using the Interac payment service should generally receive funds immediately (or, in any event, within 30 minutes).

4. Request Money.

When Customer sends a Request Money, VoPay will send a notice to the email address provided by Customer, identifying Customer as the Requestor and disclosing: (a) Customer’s email address, (b) the Request Money amount, (c) that Customer is using the services of VoPay, and (d) if applicable, the reason for the Request Money or reference number. Customer can cancel a Request Money before the Request Money is fulfilled using the e-Transfer Service.

5. No Interest.

VoPay will not pay interest on any funds sent pursuant to the e-Transfer Services, including on Interac e-Transfer amounts sent by Customer for the periods that any amounts were not in an account of the Customer.

6. Time Limit to Claim.

A Recipient has 30 days from the time an Interac e-Transfer is sent through the e-Transfer Services to claim the Interac e-Transfer amount, after which the Interac e-Transfer will automatically expire.

7. Cancelling an Interac e-Transfer.

A Sender may cancel an Interac e-Transfer sent using the e-Transfer Service, unless the Recipient has already successfully claimed the Interac e-Transfer.

8. Declined, Cancelled or Expired Interac e-Transfer.

If Customer sends an Interac e-Transfer using the e-Transfer Services and the Interac e-Transfer is declined, cancelled or automatically expires, VoPay may attempt to redeposit the value of such Interac e-Transfer into the Account from which the funds originated. VoPay will charge an administration fee for declined or cancelled Interac e-Transfers.

9. VoPay may cancel an Interac e-Transfer.

VoPay may cancel an Interac e-Transfer or Request Money (without liability to the Sender, Recipient, or Requestor) at any time before the Recipient has successfully claimed the Interac e-Transfer or before the Interac e-Transfer amount has been deposited in the designated VoPay Account of the Requestor, if VoPay has reason to believe that the Sender, Recipient, or Requestor is engaging in fraudulent, unlawful or improper activity, or that an error or mistake has occurred.

10. Security Question Reliance and Customer Obligations.

VoPay, Participating Financial Institutions and Interac are entitled to pay an Interac e-Transfer to anyone who, using the Services, the online or mobile banking service of another financial institution, or the Interac website, claims an Interac e-Transfer and correctly provides the answer to the applicable Security Question, whether or not the Sender intended that person to receive the Interac e-Transfer. Customer will comply with its security obligations under these e-Transfer Terms and will not use email or any optional message that may accompany an Interac e-Transfer to send a Recipient of an Interac e-Transfer, the Security Question or the answer.

11. Security Question (not applicable to Requestors).

11.1. To send an Interac e-Transfer, a Sender must provide a Security Question and answer unless the Recipient is an Autodeposit Recipient. To prevent unauthorized access to an Interac e-Transfer, the answer to the Security Question must be something known only to the Sender and the Recipient. VoPay will not be responsible or liable for any losses or damages incurred by a Sender or Recipient if the Sender creates a Security Question, the answer to which can be easily obtained or guessed by a person other than the Recipient.

11.2. When sending Interac e-Transfers via the e-Transfer Services, Customer agrees that: (a) it will keep the answer to each Security Question secret and will disclose each answer only to the Recipient in each case, (b) it will not use any optional message that may accompany an Interac e-Transfer to send a Recipient the answer to a Security Question, (c) it will confirm that an Autodeposit Recipient is the intended Recipient before sending an Interac e-Transfer to that person, and (d) it will confirm that a Requestor is the intended Recipient before fulfilling a Request Money.

11.3. When receiving Interac e-Transfers via the e-Transfer Services, Customer agrees that it will keep all Security Question answers secret and will disclose then only as required to claim Interac e-Transfers.

11.4. Each new Security Question and answer Customer provides as a Sender of an Interac e-Transfer to a Recipient replaces the Security Questions and answers for all pending Interac e-Transfers from Customer to that Recipient.

12. Interac Payment Service.

If a Recipient attempts to claim an Interac e-Transfer from a Sender using the Interac payment service but provides information that is insufficient or incorrect, Interac may: (a) request additional or corrected information from the Recipient, (b) deposit the money directly into an account provided by the Recipient to Interac, or (c) send a cheque for the Interac e-Transfer amount to the Recipient at the street address provided to Interac by the Recipient. If a Recipient fails to cash a cheque sent by Interac within the time limit set by Interac, Interac may return the Interac e-Transfer to VoPay, and VoPay will return the Interac e-Transfer, less any fees charged by Interac, to the Sender.

13. Providing the Email Address.

If Customer sends an Interac e-Transfer using the e-Transfer Services, Customer is responsible for providing a correct and operational Recipient email address, and for notifying VoPay promptly of any change to the email address of the Recipient.

14. Recipient Email Address Issues.

If, after one or more attempts, it is determined that a Recipient’s email address does not accept messages, or an Interac e-Transfer amount cannot be deposited, notice will be sent to the Sender through the Services. When a Sender receives this notice, the Sender may reclaim the Interac e-Transfer amount, or if the Interac e-Transfer has not expired, the Sender may resend it by selecting Interac e-Transfer from the “Status” page of the Services, and following the instructions for readdressing. Readdressing the Interac e-Transfer restarts the 30 days allowed to the Recipient to claim the Interac e-Transfer before it expires.

15. Status of Interac e-Transfer.

Customer is responsible for reviewing the status of any Interac e-Transfers that Customer sends using the e-Transfer Services, by checking its “payment history” using the VoPay API or Services.

16. Limits.

VoPay may set limits on the amounts of money Customer is allowed to send, receive, or request, and the number of requests Customer is allowed to make using the e-Transfer Services. VoPay may block attempts to send, receive, or request Interac e-Transfers that exceed such limits. VoPay may also change these limits at any time, and from time to time, without prior notice to Customer. Other Participating Financial Institutions may also set limits for sending, receiving, or requesting Interac e-Transfers. VoPay shall not be responsible or liable for any losses or damages that Customer or any other person may incur arising from limits set by VoPay or any other Participating Financial Institution, or changes to such limits.

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