Ria Money Transfer - Terms and Conditions
Last Modified: June 10, 2019
CONSUMER FRAUD ALERT: WIRING MONEY IS JUST LIKE SENDING CASH. PROTECT YOURSELF FROM FRAUD BY SENDING MONEY ONLY TO PERSONS YOU KNOW OR CAN OTHERWISE VERIFY TO BE TRUSTWORTHY. CLICK HERE TO LEARN MORE ABOUT SENDING MONEY SAFELY WITH RIA. IF YOU BELIEVE YOU ARE THE VICTIM OF FRAUD OR A SCAM, PLEASE CONTACT US IMMEDIATELY AT 1 844 377 5843 EXT. 1615 OR BY EMAIL AT FraudPrevention@riafinancial.com AND CONTACT YOUR LOCAL LAW ENFORCEMENT AUTHORITIES.
(1) Consent to use Electronic Records, Notices and Communications
As part of your relationship with Ria, you are entitled to receive certain information, such as notices, disclosures and statements in writing. To help with our efforts to protect the environment, and to facilitate mobile use of our service, we ask that you give us permission to provide these notices, disclosures and statements to you electronically; otherwise we will be required to furnish them to you in paper form.
A. Your consent to use electronic records and your right to withdraw consent.
To the extent permitted by law, you consent to receiving in electronic form all of the disclosures we would otherwise be required to provide to you in paper form, including those listed below. Your consent will remain in effect until you withdraw it. You may withdraw your consent to receive further notices or disclosures electronically at any time through the Application, or by contacting us toll-free at 1 844 377 5843 at no charge and providing your name and mobile phone number or email address and telling us you are withdrawing your consent. If you withdraw your consent to receive electronic notices, your account will be closed.
B. Your consent covers the following documents:
C. You must keep your email or electronic address current with us.
In order to ensure that we are able to provide notices, disclosures and statements to you electronically, you must notify us of any change in your email or other electronic address and any change in your mobile phone number. To update the email address we have on record for you, simply:
- On the website, click Profiles and Settings in your Dashboard; on the mobile app, choose “My Account”.
- Update your email address, confirm, and submit.
D. Hardware and software you will need.
To access and retain the notices, disclosures and statements we provide to you electronically, you must have:For website:
- A computer system that operates on a platform like Windows or Mac environment or better
- A connection to the Internet
- A current version of Internet Explorer 8 (or higher) or Mozilla Firefox 7.0, Safari 5, Chrome 15 or Edge. (Users utilizing other browsers may experience compatibility difficulties)
- A current version of Internet Explorer 8 (or higher) or Mozilla Firefox 7.0, Safari 5 or Chrome 15 or Edge (Users utilizing other browsers may experience compatibility difficulties)
- A computer or device and an operating system capable of supporting all of the above, and
- A printer to print out and retain records on paper, or electronic storage if you wish to retain records in an electronic form. You should retain a copy of all of the notices, disclosures and statements we sent to you electronically.
For mobile app:
- A mobile device that operates on Android 8+ or iOS minus one.
- You must be signed into the current version of the mobile application on your mobile device.
By "current version", we mean a version of the software that is currently being supported by its publisher.
We reserve the right to discontinue support of a current version of software if, in our opinion, it suffers from a security or other flaw that makes it unsuitable for use with your account. And we always reserve the right, in our sole discretion, to communicate with you via Canada Post. .
Please indicate your consent to receive and use electronic records, communications and notices by checking the "I consent to receiving my agreements and disclosures electronically" box. By providing your consent, you are also confirming that you have the hardware and software described above, that you are able to receive and review electronic records, and that you have an active email account. You are also confirming that you have read and understand this consent to use electronic records, communications, notices and signatures, and that you are authorized to, and do, consent on behalf of all the other co-owners of your account.
Website users, please print and keep this page for your records.
(2) Other Terms and Conditions
Ria may use personal information and/or documents about you (collectively “Customer Information”) to, among other things: (a) comply with applicable law (such requirement to be determined by Ria in its sole discretion); (b) fulfil its obligations while carrying out the money transfer service, including, when applicable, by sharing Personal Information with third-parties who are involved in the performance of the service; (c) enforce Ria’s rights and/or the rights of any of its interested parties and (d) monitor and/or audit the performance of the parties during any activity.
In order to comply with applicable law, Ria may (i) compare Customer Information against information contained on lists maintained by governmental authorities (including but not limited to lists of entities that have had sanctions imposed against them or are suspected of supporting terrorism), or (ii) compare Customer Information against credit data, or (iii) report transactions and/or send Customer Information to federal, provincial, local and/or foreign: authorities, governmental agencies, regulatory authorities and/or law enforcement.
Ria may transfer Customer Information to payment service providers or the bank of the recipient’s bank account (whether or not outside Canada) notwithstanding that within that jurisdiction the data protection legislation may afford the Customer Information less protection than under Canadian law.
C. Accessing the Application and Account Security
By using the Application, you represent and warrant that you are 18 years or older and of legal age to form a binding contract with Ria.
We reserve the right to withdraw or amend the Application, and any service or material we provide on the Application, in our sole discretion without notice, except as otherwise required by law. We will not be liable if, for any reason all, any part of the Application is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Application, or the entire Application, to users, including, but not limited to registered users.
You are responsible for making all arrangements necessary for you to have access to the Application and for maintaining the hardware and software noted in our Consent to Use Electronic Records, Notices and Communications in Section 1 above.
To access the Application or some of the resources they offer, you may be asked to provide certain registration, identification and authentication details or other information. It is a condition of your use of the Application that all the information you provide to us is correct, current and complete at all times.
If you become a registered user of our money transfer service and you choose, or you are provided with, a user name, password, personal identification number ("PIN"), or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. You agree to immediately notify Ria of any unauthorized use of your user name or password, PIN or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You agree that you are only allowed to create and maintain one registered user account. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
D. The Service
For specific information regarding our service, please contact Ria's Customer Service Team at 1 844 377 5843.
E. Currency Exchange
If you instruct us to pay out a money transfer to a recipient in a currency ("payout currency") other than Canadian Dollars ("CAD"), a retail exchange rate may be applied, in addition to any service charge appearing on the face of your receipt. The payout currency for such money transfer is acquired by us at a wholesale rate that fluctuates, but may approximate the wholesale rate for such payout currency listed in newspapers such as the Wall Street Journal. The difference between the retail exchange rate applied to such money transfer transaction and the wholesale exchange rate at which we acquired the payout currency will be kept by us and/or the paying agent as revenue, in addition to any service charges.
The paying agent must pay out money transfers in the payout currency indicated in the money transfer payment instructions. If a recipient desires payment of the money transfer in a currency other than the payout currency, the recipient and paying agent must enter into a separate foreign exchange transaction to convert the payout currency into the recipient’s currency of choice ("foreign exchange transaction"). Such foreign exchange transaction is a separate transaction between the recipient and the paying agent only and Ria has no responsibility for or liability in connection with such foreign exchange transaction.
For further information about the payout currencies available in any destination country and/or through any particular paying agent on Ria's network of payout locations, consult the Application.
F. Payment Authorization
When you initiate and submit a money transfer transaction on the Application, you authorize Ria (or its designated agent) to charge your designated credit card account or debit your designated debit card or bank account for the amount of such money transfer transaction and Ria's associated service charge. You are responsible for ensuring that your designated payment method has sufficient funds or credit available for payment of your money transfer transaction. If Ria executes payment of a money transfer pursuant to your money transfer instructions and subsequently is advised that your designated credit card had insufficient credit available or your designated debit card or bank account had insufficient funds available, you remain liable to Ria for the full amount of any such payment of the money transfer by Ria and the Ria's associated service charge. You authorize us to initiate debit and credit entries to your bank account in connection with the money transfer service. You also authorize us to initiate credits and debits to correct errors. This authorization shall remain in full force and effect until we have received notification from you of its termination; you may revoke your authorization only by notifying us by telephone at 1 844 377 5843 or in a written letter sent to 3038 Hurontario Street, Unit 6/7, L5B 3B9 Mississauga, Ontario, Attn: Customer Service that is received at least three (3) days prior to the proposed effective date of the termination of authorization. You agree that all transactions authorized by you shall comply with all applicable federal, provincial and foreign law.
Money transfers that have been authorized by a user shall be processed only on the condition that the issuer of the respective credit card or debit card, or the user's bank, has authorized the corresponding charges or debits. Each user using the service acknowledges and agrees that Ria is authorized to charge the respective credit card or debit card, or debit the respective bank account, for the principal amount of the money transfer, the service charge, and any other applicable fees. The issuing bank for your credit card or debit card or the financial institution where your bank account is open may also have terms and conditions that apply to your use of the credit card, debit card or bank account (as applicable) and you must refer to such agreement(s) in order to determine user's rights, obligations and liabilities as a cardholder or account holder, which may include the assessment of cash advance or other fees. Money transfer receipts will not display fees assessed by user's bank or the issuer of user's credit card or debit card.
G. Services Charges and Additional Fees
In consideration of your use of the service, you agree to pay a service charge per money transfer executed through the Application. The service charge will be charged to the credit card, debit card, or bank account you identify as the payment method for your money transfer transaction. The service charge (in addition to any other applicable fees charged by us directly or on behalf of any Canadian federal or provincial governmental authority) will be displayed online for your authorization prior to submission of the money transfer. Our service charge schedule is subject to change from time to time in our sole and absolute discretion. In addition to any fees charged by Ria, a money transfer may be subject to additional fees assessed by the Canadian government, the province where the money transfer originates, the government of the destination country, or the financial institution in the destination country at which your recipient holds a bank account.
H. Money Transfer Processing and Delivery Schedule
After we have verified your identity, received proper credit card, debit card, bank authorization and completed the screening for proper compliance with the various applicable laws and regulations, the money transfer is promptly made available to the designated recipient for pick up at a paying agent location, home delivery by paying agent to recipient’s home or office (available in limited destinations only), or deposit into recipient’s bank account in the destination country. The speed of payment of a money transfer varies depending on a variety of factors, including but not limited to, the amount of the transaction, the restrictions of the destination country or point-of-payment (including without limitation the paying agent's hours of operation), and/or the accuracy of the information provided by the user. Money transfers will normally be paid to the recipient by cash or check (or a combination of cash or check depending on the availability of currency or other conditions existing at the point-of-payment).
I. Money Transfer Cancellations and Refunds
If you instruct us to pay a money transfer to a designated recipient and later request that we stop the payment of such transaction, we will need to check first with the paying agent to determine if the money transfer has been paid to the recipient. If we can confirm that payment has not been made, the money transfer will be cancelled and we will refund the amount of the money transfer, including the service charge. Your refund will be in CAD. All refunds shall be available within thirty (30) calendar days of the stop order or as soon as the refunds are returned by the paying agent and, whichever is first. For further information or to file a complaint, please contact our customer service team at 1 844 377 5843.
J. Money Transfer Transactional Restrictions
We reserve the right, in our sole discretion, to: (i) reject a proposed money transfer; (ii) limit the amount of a money transfer; (iii) require additional information to complete a money transfer; and/or (iv) take reasonable measures with respect to a money transfer in an effort to comply with applicable laws and regulations. As a user, you agree not to attempt to circumvent the parameters of the service by using a different debit or credit card or bank account, entering false information, or any other means. The service is offered exclusively for the personal money transfer needs of users. Any other use or attempted use of the service for commercial purposes, promotion of products and services, or other such purposes, directly or indirectly, by you or by a third party is prohibited.
The service available through the Application is limited to money transfers for a maximum amount of $2,999.99 CAD per user per calendar day following account enrollment. The maximum aggregate amount of money transfers per user during any rolling thirty (30) calendar day period is $7,999.99 CAD. Ria may establish any and all transactional restrictions applicable to money transfers in its sole discretion and may change such restrictions from time to time. We will provide you with any legally required notice, which we may post on the Application.
When you submit a money transfer, the paying agent is not required to accept it. You agree that you will not hold us liable for any damages resulting from a paying agent's decision not to accept a money transfer made though our service. Any unclaimed, refunded or denied payment will be returned to you or to the original payment method. We will return any unclaimed money transfer to you, or to the original payment method, within thirty (30) days of the date we are informed that the paying agent has rejected your money transfer transaction.
If you provide us with incorrect recipient information, we will contact you to correct the recipient information or process a refund of your money transfer.
If you use your mobile device to make money transfers, you are responsible for any fees that your phone service provider charges, such as fees for SMS, data services, and any other fees that your phone service provider may charge. Your phone service provider is not the provider of these money transfer services; instead, Ria is the provider of these money transfer services.
K. Intellectual Property Rights
The Application and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Ria, its licensors or other providers of such material and are protected by Canadian and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
You are permitted to use the Application for your personal, non-commercial use only. You must not copy, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our site, except to (a) store copies of such materials temporarily in RAM; (b) store files that are automatically cached by your web browser for display enhancement purposes; and (c) print a reasonable number of pages of the Application for a permitted use.
You must not (a) modify copies of any materials from the Application; or (b) delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Application.
You must not reproduce, sell or exploit for any commercial purposes any part of the Application, access to the Application or use of any services or materials available through the Application.
L. Company Trademarks
Ria’s name, and all related names, logos, product and service names, designs and slogans are trademarks of Ria or its affiliates or licensors. You must not use such marks without the prior written permission of Ria. All other names, brands and marks are used for identification purposes only and are the trademarks of their respective owners.
M. Acceptable Use
N. Monitoring and Enforcement; Termination
You waive and hold harmless Ria from any claims resulting from any action taken by the company during or as a result of its investigations and from any actions taken as a consequence of investigations by either the company or law enforcement authorities or regulator authorities related to the money transfer service or your use of the money transfer service.
O. Changes to the Application and Money Transfer Procedures
We may modify or update the Application and/or money transfer procedures from time to time, in Ria's sole discretion, with or without notice, except as required by law. We may suspend access to the Application, or close it.
P. Information about You and Your Visits to the Application
Q. Links from the Application
If the Applications contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them, or for any merchandise, goods or services you may purchase or obtain from them. If you decide to access any of the third party websites linked to the Application, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
R. Geographic Restrictions
We provide the Application for use only by persons located in the Canada. We make no claims that the Application or any of its content is accessible or appropriate outside of Canada. Access to the Application may not be legal by certain persons or in certain countries. If you access the Application from outside Canada, you are fully responsible for compliance with applicable foreign laws.
S. Persons under 18
The service is intended for the use by users who are eighteen (18) years of age or older. Please note that the service (including, without limitation, the underlying network, system, software, servers, various directories and listings, various message and news boards, tools, information and databases) is not intended for use by persons under eighteen (18) years of age. If it comes to our attention through reliable means that a user is a child under eighteen (18) years of age, we will cancel that user's account and will delete all information regarding such user from our system and records.
T. Disclaimer of Warranties
You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output and for maintaining a means external to our site for any reconstruction of any lost data. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Application or any services or items obtained through the Application.
Your use of the Application, its content and any services obtained through the Application is at your own risk. The Application, its content and any services obtained through the Application are provided on an "as is" and "as available" basis, without any warranties of any kind, either expressed or implied. Neither the company nor any person associated with the company makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of the Application. Without limiting the foregoing, except to the extent required by law, neither Ria nor anyone associated with Ria represents or warrants that the Application, its content or any services or items obtained through the Application will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, that our site or the server that makes it available are free of viruses or other harmful components or that the Application or any services or items obtained through the Application will otherwise meet your needs or expectations.
Ria hereby disclaims all warranties of any kind, either expressed or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement and fitness for particular purpose.
The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.
U. Liability and Limitation on Liability
Except as otherwise required by law, Ria's liability is limited to the Canadian dollar amount showing on the face of receipt for your money transfer transaction, including service charges. Except as provided in the previous sentence, in no event will the company, its affiliates or their licensors, service providers, employees, agents, officers or directors be liable for damages of any kind, under and legal theory, arising out of or in connection with your use, or inability to use, the Application or any websites linked to them. Any content on the Application or such other websites or any services obtained through the Application or such other websites, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
If Ria does not properly complete transactions on time or in the correct amount in accordance with this agreement with you, Ria may be liable for your losses, up to the limitation described in the preceding paragraph. However, Ria will not be liable if (a) through no fault of Ria, you do not have enough funds available in your bank account, debit card account, or credit card account to complete the transaction; (b) the paying agent or recipient refused to accept your money transfer; (c) the paying agent or recipient refused to complete the transaction; (d) the paying agent or recipient refused to accept your money transfer; (e) your funds are subject to legal process or other encumbrances restricting transfer; (f) you provide incorrect or incomplete transaction information to Ria; or (g) if your use is not an Acceptable Use.
The foregoing does not affect any liability which cannot be excluded or limited under applicable law.
W. Governing Law and Jurisdiction
X. Dispute Resolution by Binding Arbitration
For any dispute or claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000.00 CAD, either party may elect to resolve the dispute through binding non-appearance-based arbitration. If a party elects arbitration, that party will initiate such arbitration through an established alternative dispute resolution ("ADR") provider. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
For any other claim, such claim will be resolved by arbitration conducted by a single arbitrator mutually agreed upon by the parties (or appointed by a Judge of the Ontario Court of Justice). The arbitration will be held in the Municipality of Metropolitan Toronto and will proceed in accordance with the provisions of the Arbitration Act, 1991, (Ontario), S.O. 1991, c.17. The arbitrator shall determine the appropriate procedure, in accordance with the principles of natural justice, to be followed, and determine all questions of law, fact and jurisdiction. The decision of the arbitrator shall be final and binding upon the parties in respect of all matters relating to the arbitration, the conduct of the parties during the proceedings, and the final determination of the issues in the arbitration. There shall be no appeal from the determination of the arbitrator to any court.
The costs of any arbitration hereunder shall be borne by the parties in the manner specified by the arbitrator in his or her determination.
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 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.
Y. Limitation on Time to File Claims
Z. Waiver and Severability
AA. Entire Agreement
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