RemitX™ Terms and Conditions of Service

RemitX™ is a trademark and trade name of First Global Data Corp. RemitX™ services are subject to the following terms and conditions:

A RemitX customer (the "Sender") may send a Money Transfer, Loyalty Points, purchase and send Cell Phone Minutes, Long Distance Minutes, Pay Bills or make Investments to a designated receiver (the "Receiver") anywhere in the world where RemitX offers its services (the "Services") using cash, a bank issued credit card, email money transfer service, ACH (Automated Clearing House) cheque, online bill pay services, branded debit cards, including but not limited to the RemitX branded card, or other payment method as made available by RemitX from time to time on a per location basis. Money Transfers will normally be paid to the Receiver in cash, cheque or a combination thereof, or in selected locations, via the RemitX or participating branded prepaid debit and credit cards subject to currency availability and the conditions applicable to the selected payment location. Money Transfer payments may only be available in U.S. dollars in certain destination countries. Money Transfers are available for pick up by the Receiver promptly after validation of Sender information which may take up to 24 hours, or longer in certain cases, at RemitX and participating partner agent locations in the destination country. Certain Money Transfers and other Services that exceed certain principal amounts, and/or transfers to certain destinations may take longer and/or be subject to additional restrictions. For Services including Money Transfers to certain international destinations, a Test Question may be required to be provided. In those destinations, the Receiver may be required to provide either proper identification or the correct answer to the Test Question, or both, to receive payment. For the most current information regarding Test Questions, please contact RemitX Customer Service at the telephone number listed below. RemitX reserves the right to limit the principal amount of a Money Transfer and/or other Services, or to decline to accept or pay any Money Transfer or other Services that it or its agents determine in their sole discretion violates any applicable law or RemitX policy. For the most current information regarding conditions to the Services, please contact RemitX Customer Service at the telephone number listed below. When required by applicable law, Money Transfers or other Services sent or received will be reported to federal, state, provincial, local and/or foreign authorities. In order to use the Services, you will be required to provide RemitX with certain information which allows us, among other things, to verify your identity, to receive appropriate transaction processing authorizations, and/or to complete the transaction. Please refer to RemitX's Privacy Policy for information concerning RemitX's use of this and other personal information.

Fees, Currency Exchange, and Payments

Fees: For the use of the Services, you agree to pay to RemitX a fee for each Money Transfer or other Service initiated by you at the applicable rate then in effect (the "Fee"). The applicable Fee for your transaction will be provided to you prior to your final authorization of the transaction, in addition to any applicable fees for additional Services.

Currency Exchange: All payments will be made in the currency of the destination country (except in a limited number of instances where payment is made in U.S. dollars or other currency through a RemitX agent in the destination country). In addition to the applicable Fees, a currency exchange rate will be applied. Sending currency is converted to foreign currency at an exchange rate set by RemitX from time to time. Any difference between the rate provided to customers and the rate received by RemitX will be retained by RemitX and, in some cases, its agents. Refunds made in the event of non-payment will be made at the applicable exchange rate as described above in effect at the time of re-conversion into sending currency. Information concerning currency exchange rates provided by RemitX is available at RemitX Customer Service at the number provided below.

Payments: Fees and the principal amount are due and payable before RemitX processes the transaction. You must pay for the Services by the payment method available at the RemitX agent location or as available for online transactions at www.remitx.com. If RemitX does not receive authorization from the card issuer or transaction processor, the transaction will be not be processed and funds will not be transmitted to the Receiver. RemitX assumes no liability for damages resulting from or arising out of non-payment of the Money Transfer or other Services by reason of non-receipt of authorization from the card issuer or transaction processor. Each time you use the Services you authorize RemitX to charge your designated credit card, debit card or bank account for the principal amount, the Fees and any other applicable service charges and fees. Use of your card and bank accounts is governed by the agreements you have with the issuer or financial institution. It is your responsibility to ascertain your rights and liabilities associated with each issuer or financial institution, which may include a "cash advance" or other fees.

Refunds:
REFUNDS OF PRINCIPAL AMOUNT and cancellation of the Money Transfer or other Service will be made upon written request of the Sender if payment to the Receiver has not yet been made at the time the request is processed by RemitX. Refunds will be made within 45 days of receipt of a valid written request from the Sender.
REFUNDS OF FEES will be made upon written request of the Sender if the Money Transfer or other Service is not available to the Receiver within the time specified by RemitX for the selected service, subject to the business hours of the location selected by the Receiver for payment and other special conditions. Refunds will be made within 45 days of receipt of a valid written request from the Sender.

Administration Charge
If a Money Transfer or other Service is not picked up or redeemed by the Receiver, or is not cancelled by the Sender prior to pick up or redemption within one (1) year of the date it was sent, a non-refundable Administration Charge will apply where permitted by law. The Administration Charge will be deducted from the principal amount of the Money Transfer or other Service. The Administration Charge is the equivalent of one (1) U.S. dollar per month from the date the Money Transfer was sent or Service was rendered.

Special Services
SMS messages, EMAIL and TELEPHONE notification to the Receiver that the Money Transfer or other Service is available for pick up is offered in certain international destinations. RemitX may at its discretion charge a fee for one or all of these Special Services. Not all services are available in all international destinations.

Dispute Resolution
Any dispute or claim arising from or relating to Money Transfers or other Services that involves a claim by Sender for less than $10,000, exclusive of interest, arbitration fees and costs, shall be settled by arbitration administered by the American Arbitration Association ("AAA") under its Arbitration Rules for the Resolution of Consumer Related Disputes. Any other dispute or claims arising from or relating to Money Transfer or other Services shall be settled by arbitration administered by the AAA under its Commercial Arbitration Rules, with such arbitration to be held in the most populous city in the province from which the Money Transfer or other Service was sent, or in such other location as the parties may mutually agree. Each party shall bear its own legal, experts’ and witness costs, which shall not be considered costs of arbitration. Judgment on any award rendered by the arbitrator may be entered in and enforced by any court having jurisdiction thereof. The parties agree that neither of them shall have the right to participate as a representative or a member of any class of claimants pertaining to any claim subject to arbitration under this paragraph and that claims of third parties shall not be joined in any arbitration between the parties. If any portion of this paragraph is deemed invalid or unenforceable, it shall not invalidate the remaining portions of this paragraph. THE PARTIES ACKNOWLEDGE AND AGREE THAT, EXCEPT AS EXPRESSLY PROVIDED IN THIS PARAGRAPH, THEY ARE WAIVING ALL RIGHTS TO A TRIAL BY COURT OR JURY AS A MEANS OF RESOLVING ANY DISPUTES ARISING OUT OF OR RELATING TO MONEY TRANSFER OR OTHER SERVICES PROVIDED BY REMITX.

Limitation of Liability
IN NO EVENT SHALL REMITX BE LIABLE FOR DAMAGES FOR DELAY, NONDELIVERY, NONPAYMENT OR UNDERPAYMENT OF THIS MONEY TRANSFER, OR ANY SUPPLEMENTAL MESSAGE, WHETHER CAUSED BY NEGLIGENCE ON THE PART OF ITS EMPLOYEES OR AGENTS OR OTHERWISE, BEYOND THE SUM OF $500 (in addition to refunding the principal amount of the Money Transfer or other Service and the associated fees). IN NO EVENT WILL REMITX BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. THESE CONDITIONS CANNOT BE CHANGED OR SUPPLEMENTED ORALLY.

REMITX AND ITS AGENTS RESERVE THE RIGHT TO DECLINE TO SEND OR PAY ANY MONEY TRANSFER OR OTHER SERVICE THAT EITHER OF THEM DETERMINES IN THEIR SOLE DISCRETION VIOLATES OR MAY VIOLATE ANY APPLICABLE LAW OR REMITX POLICY.

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