Terms and Conditions

Effective August 31st, 2016

Updated June 12th, 2017

VoPay Terms and Conditions

Welcome to VoPay!  VoPay is a secure online money transfer service that makes transferring money easier and more affordable (the “Service”).

The following terms and conditions (the “Terms of Use”) are applicable to your use of the VoPay Service provided and made available to you by VoPay International Inc. (“VoPay”, “we”, “us” and “our”) through our website www.vopay.com (“Website”) and the VoPay mobile application (“App”).

Please read the Terms of Use carefully and be sure that you fully understand the terms and conditions contained in this agreement. Your use of the Service constitutes your agreement to all such terms, conditions, and notices in effect at such time. You should also read our Privacy Policy, which is incorporated by reference into the Terms of Use and available on our Website. If you do not wish to be bound by the Terms of Use, please do not access or use the Service. 

VoPay is a company located in British Columbia, Canada with its registered office at 102 – 788 Copping St., North Vancouver, BC V7M 3G6. VoPay is registered with FINTRAC (Financial Transaction and Reports Analysis Centre of Canada), Registration Number M15693674.

The Service allows you to send money online to recipients (each a “Recipient”) in various currencies (each a “Transaction”). You can send money using your bank account, debit card or credit card (each is referred to as a “Payment Instrument”). We recommend that you only send money to Recipients that you know personally. Do not send money to strangers.

You must also only use the Service to send money on your own behalf and not on the behalf of others. You are not permitted to use the Service for any illegal or fraudulent purposes.   

In order to use the Services, you must register for a VoPay account (“Account”). You must be 18 years of age or the age of majority in your province or territory of residence to register for an Account or otherwise use our Service. You are solely responsible for ensuring that the use of the Service in accordance with these Terms of Use in your jurisdiction of residence is permitted by law or regulation. If such use is not permitted by law, VoPay prohibits all access to and use of the Service.

If you register for an Account, you will be required to provide us with certain information, including your email address, first and last name, mailing address and date of birth.

In order to use the Service, you must also provide us with a valid Payment Instrument.

You agree that you will provide accurate, current and complete information about yourself and promptly update all Account and Payment Instrument information to ensure that they are accurate, current and complete. You agree that if you provide information that is inaccurate, untrue, not current or incomplete, you will have materially breached these Terms of Use and VoPay reserves the right to suspend or terminate your Account and your use of the Service.

You are not permitted to transfer or sell your Account to any other person.

Before being able to use the Service, VoPay must, by law, confirm your identity. We may also need to verify email address, mobile device and Payment Instrument ownership.

In order for VoPay to meet its compliance requirements, you may be required to provide us with valid identification documents, such as a certified copy of your driver’s license, passport or another similar document. We may also ask for a credit header check. You also authorize VoPay to make any inquires, directly or through third parties, that we consider necessary to validate the information that you provide to us and to confirm ownership of your email address, mobile device, and Payment Instrument(s). This includes the right to access government and private databases.

VoPay reserves the right to suspend or terminate your Account and your use of the Service if it is unable to verify your information.

When you send money to a Recipient through the Service you will be required to select the currency and the amount that you would like to transfer (“Transaction Amount”). Next, you must insert the Recipient’s details. Finally, you must select the Payment Instrument that you would like to use to pay for the Transaction. Once we receive the money in our account, we will transfer the money to the Recipient.

We are not obligated to process any Transaction. We reserve the right to cancel or refuse to complete a Transaction at any time. If we decide not to process a Transaction, we will promptly notify you and repay you any money transferred to us.

We may, in our sole discretion:

– Refuse to process a Transaction to a particular Recipient, including but not limited to a Recipient subject to Canadian economic sanctions;

– Impose sending limits on the amount of money that you can send through the Service, including daily, weekly, monthly and annual limits and by size and number of Transactions; and

– Limit the Payment Instruments available for a Transaction or refuse to process a Transaction using a particular Payment Instrument.

While we will attempt to process all Transactions promptly, Transactions may be delayed for a number of reasons, including, but not limited to, identity and Payment Instrument verification and payment processing.  We are not responsible for the processing time required by your Payment Instrument provider or the Recipient’s financial institutions or service providers.

For each Transaction, VoPay will charge you a transaction fee (“Transaction Fee”). Transaction Fees relating to each Transaction are fully visible to you before you accept the Transaction. The Transaction Fee does not include any charges that your Payment Instrument provider or the Recipient’s bank or service provider may impose in connection with a Transaction. Payment is due at the time that you submit your Transaction.

In order to pay for your Transaction, you authorize us to access, charge or debit funds from any Payment Instrument that you provide to us as required.  You authorize and warrant that you are the lawful owner of your Payment Instrument(s), that your Payment Instrument(s) is in good standing and that you have the authority to initiate a transfer of funds from your Payment Instrument(s) to pay for your Transaction. 

Bank Account: When you choose to send money through the Service using a bank account, you will have to provide us with your bank account information, including your bank account number, institution number, and transit number. For each Transaction using your bank account, you authorize us to initiate an electronic funds transfer from your bank account in the Transaction Amount, plus the Transaction Fee and any applicable charges. Once funds are transferred, you will not be able to cancel the electronic transfer.

Charges: VoPay is not responsible for any fees or charges, including insufficient funds charges, chargeback fees or any other similar charges that your Payment Instrument provider may impose in connection with a Transaction. For example, your credit card issuer may charge you a cash advance fee and interest if you use a credit card to pay for a Transaction. You agree to reimburse VoPay for any such charges that we may incur to process your Transaction.

Insufficient Funds: If there are insufficient funds in your Payment Instrument at the time that you submit your Transaction, we may try to process the payment at a later time.

We will inform you of the exchange rate for a Transaction, if applicable when you pay for the Transaction. We will convert your money using this exchange rate.

VoPay and its service providers usually make a small profit when a currency is converted in connection with a Transaction. This is based on the difference between the exchange rate at which we buy foreign currency and the exchange rate provided to you. 

You may cancel your Transaction for a full refund at any time prior to the completion of the Transaction. A Transaction is considered completed when the Recipient receives and claims, in any manner, the money that was sent. You will not be entitled to a refund after a Transaction is completed. However, if you are not satisfied with the Service for any reason, we will always refund any Transaction Fee that you have paid.

Please contact us at support@vopay.com to request a refund. We will issue any applicable refund the Payment Instrument that was used to pay for the Transaction. All refunds will be made in the same currency as the original Transaction. No adjustment will be made for any currency fluctuations which may have occurred in the interim period of time.

If you notice any error in connection with a Transaction, please notify us immediately at support@vopay.com. If you become aware of any overpayment above what you were expecting, you must immediately notify us.

You agree that you will not:

– Violate this Terms of Use or any applicable laws, rules or regulations;

– Provide false, inaccurate or misleading information to VoPay;

– Open more than one account without our prior written permission;

– Send money on behalf of any other person or entity;

– Send money to people who you do not know personally;

– Allow anyone else to use or access your account;

– Use the Service in connection with any illegal or unlawful activities including the following (without limitation): illegal gambling and betting, fraud, tax evasion, money-laundering, terrorism or terrorism financing, organized crime, murder-for-hire, illegal prostitution, human trafficking, child pornography, the purchase or sale of tobacco, firearms, counterfeit goods, or drugs or other controlled substances or weapons and arms trafficking;

– Use the Service as a currency trading platform;

– Take any action that imposes an unreasonable load on our infrastructure or facilitates any viruses, worms or other computer programs or network attacks that may damage or interfere with our Website, App, systems or Service.

If we, in our sole discretion, believe that you are engaged in any activities that Violate this section, we will suspend or terminate your Account and report any unlawful or illegal activity to the appropriate law enforcement authorities.

The Service, the Website and the App and all rights therein, including intellectual property rights therein or relating thereto, are and shall remain VoPay’s exclusive property or the property of our licensors. Unless you have written permission, neither these Terms of Use nor your use of the Service, the Website or the App conveys or grants you any right to use any of the trade-marks or other intellectual property of VoPay, except for the limited license to use the Service granted above.

You acknowledge and agree that the form and nature of the Service may change from time without prior notice to you. You acknowledge that we may stop (permanently or temporarily) providing the Service (or any features within the Service) to you or users generally, at our sole discretion, without prior notice to you.

Your satisfaction with the Service is important to VoPay. If you have a complaint regarding the Service, or with respect to any provision of this Terms of Use, you must first submit your complaint directly to VoPay at support@vopay.com. VoPay will review your complaint and seek to resolve the complaint to your satisfaction as soon as possible. 

If your complaint is not resolved to your satisfaction within thirty (30) days of making the complaint, you agree to resolve the complaint by final and binding arbitration to the extent mandatory arbitration is permitted by applicable law. The arbitration will be conducted in the province or territory in which you reside in accordance with the commercial arbitration laws and rules in the province or jurisdiction in which you reside. The complaint shall not be made the subject matter of an action in any court unless the complaint has first been submitted to arbitration and finally determined in arbitration. Any such action commenced thereafter shall only be for the purpose of enforcing the arbitration decision and the costs incidental to the action.

If mandatory arbitration of your dispute is not permitted under applicable law, you agree that you will seek a remedy before the superior court of justice of your province or territory of residence.

THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES, EMPLOYEES, SUPPLIERS, VENDORS, AND SERVICE PROVIDERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE.

We make reasonable efforts to ensure that Transactions are processed in a timely manner, but we make no representations or warranties regarding the time needed to complete processing because the Service is largely dependent on many factors outside our control. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary state to state. Notwithstanding the foregoing, you may have a right to a refund as expressly described herein.

SOME PROVINCES AND TERRITORIES DO NOT PROVIDE EXCLUSION OF LIMITATION OF LIABILITY FOR ALL TYPES OF DAMAGES (INCLUDING THE PROVINCE OF QUEBEC). IN THOSE PROVINCES, VOPAY WILL ONLY BE LIABLE TO YOU FOR DAMAGES THAT WE ARE EXPRESSLY REQUIRED TO BE LIABLE TO YOU UNDER APPLICABLE LAW.

IN ANY OTHER CASE, VOPAY SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU IN CONNECTION WITH YOUR USE OF THE SERVICES, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF PROFIT, LOST OPPORTUNITIES, LOSS OF DATA SUFFERED, OR OTHER INTANGIBLE LOSS.

VOPAY SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES, OR OTHER PROBLEMS INHERENT IN USE OF THE INTERNET, ELECTRONIC COMMUNICATIONS, TELECOMMUNICATIONS NETWORKS OR OTHER SYSTEMS OR NETWORKS OUTSIDE THE REASONABLE CONTROL OF VOPAY.

You agree to indemnify and hold VoPay, our affiliated companies and their respective agents, employees, directors and officers, harmless from any claim or demand, cause of action, liabilities and costs including reasonable lawyer’s fees made by any third party due to or arising out of: (i) your use of the Service; (ii) your Violation of this Terms of Use; (iii) any misrepresentations made by you; or (iv) your Violation of any rights of another.

VoPay reserves the exclusive right, at your expense, to conduct the defense and assume control of any matter, subject to indemnification by you, in which event you shall cooperate with VoPay in asserting any and all available defenses.

We reserve the right to amend, modify and supplement these Terms of Use from time to time with additional terms and conditions that govern certain information, content, products and services made available to you (“Additional Terms”).  By accessing and using the Service, you accept and agree to comply with and be bound by such Additional Terms.  Please review these Terms of Use from time to time to ensure that you are aware of and understand any Additional Terms.

For information on the manner in which we collect, use, disclose, safeguard and otherwise manage your personal information, please review our Privacy Policy.

Use of certain links on the Website or the App will direct you to third party websites. These third party websites are not under our control and we are not responsible for the contents of any such website or any link contained in such website.

These Terms of Use, together with any Additional Terms constitute the entire agreement between you and VoPay relating to your use and our provision of the Service made available to you through our Website and the App. 

You agree that we may provide you with notices, including those regarding changes to these Terms of Use, by email, regular mail, or notifications on the Website or the App.

You agree that if we do not exercise or enforce any legal right or remedy which is contained in these Terms of Use, this will not be taken to be a formal waiver of our rights and that those rights or remedies will still be available to us.

The laws of the Province of Ontario and the federal laws applicable therein shall govern these Terms of Use in all respects, without giving effect to conflicts of laws principles.

The parties have agreed that this Terms of Use and any related documents will be written in the English language. Les parties ont convenu que ce contrat et ses accessoires soient rédigés en anglais.

YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS OF USE AND AGREE TO BE BOUND THEREBY. YOU ACKNOWLEDGE AND AGREE THAT EACH TIME YOU CONDUCT ANY TRANSACTION IN CONNECTION WITH THE SERVICE, EACH SUCH TRANSACTION CONSTITUTES YOUR AGREEMENT AND INTENT TO BE BOUND BY THESE TERMS OF USE.

Questions, notifications, and requests for refunds or further information can be sent to VoPay, as follows: