1. Introduction
Welcome to FinFlare Payments
1.1 FinFlare Payments operates a service that allows you to transfer money and make foreign currency payments internationally through our website, https://www.finflarepayments.ca and our mobile application (the “Service“).
1.2 All references to ‘our’, ‘us’ or ‘we’ within these Terms and Conditions are deemed to refer to FinFlare Payments this includes where applicable employees, directors, successors, affiliates, and assigns.
1.3 All references to ‘you’ or ‘your’ within these Terms and Conditions are deemed to refer to the User of our Service whether as Senders, Recipients, or visitors to our website or mobile application.
1.4 These Terms and Conditions govern your use of the site and your use of the Service.
1.5 Your use of the Site and Service (including accessing, browsing or registering to use the Site) confirms your unconditional agreement to be bound by these Terms and Conditions and is subject to your continued compliance with these Terms.
1.6 If you do not wish to be bound by these Terms and Conditions please do not access, register with us or use the Service.
1.7 We reserve the right to revise these Terms and Conditions at any time by amending this page without notice and your continued use of the Site after any such amendments are published on the Site will be considered acceptance by you of such amended Terms and Conditions. Updated Terms and Conditions will supersede all previous versions of the Terms and Conditions. Please check this page regularly to take notice of any changes we have made, as they are binding on you.
2. About us
2.1 FinFlare Payments company is authorised to provide financial services by The Financial Transactions and Reports Analysis Centre of Canada (FINTRAC). MSB registration number: M23561737. Registered office: 1771 ROBSON STREET UNIT 1607 VANCOUVER, BC, CANADA V6G3B7.
2.2 FINFLARE PAYMENTS LTD is incorporated in Canada. Company is authorised to provide financial services by The Financial Transactions and Reports Analysis Centre of Canada (FINTRAC)
2.3 FinFlare Payments is a Payment Service Provider, the main business being money transfers and provision of services for making foreign currency payments internationally.
3. Accessing the Service
3.1 In order to use our Services, you must be a bank account holder and a resident of a European Union or European Economic Area (EEA).
3.2 You must be at least eighteen (18) years old to access or use the Service as a Sender. You must be able to enter into legally binding contracts under applicable law, including local law in the jurisdiction in which you live. We may ask you at any time to show proof of your age.
3.3 As a Receiver, you must be able to enter into legally binding contracts under applicable law, including local law in the jurisdiction in which you live.
3.4 If you are not a Consumer, you confirm that you have authority to bind any business on or entity as a Sender or Receiver on whose behalf you seek to use the site or our Services and that business or entity accepts these terms in full.
3.5 We are not obliged to process any particular Transaction. When you submit a Transaction Request, you are requesting that we process the Transaction on your behalf and consenting to the execution of the Transaction. This is an offer which we may accept or reject at our sole discretion.
3.6 We may, in our absolute discretion, refuse or cancel any Transaction Request or impose limits on the Transaction Amount we may do so either on a per Transaction basis or on an aggregate basis, and either in respect of one set of registration details or one Payment Instrument or on related sets of registration details or Payment Instruments.
3.7 In that case, we will notify you promptly of that decision and refund you the Transaction Amount received by us, provided that we are not prohibited by law from doing so.
4. Using the Service
4.1 You don't need to register for a FinFlare Payments account in order to visit or use most areas of our website or our mobile application. However, to use the Service and access restricted areas of our website and or mobile application you will need to register and set up an account with us (your “Account“). If during the registration you provided the name and the surname that do not match in any way with your ID documents submitted to us, you agree that we will autocorrect your details according to your ID documents.
4.2 Your use of the Service requires an account identifying you as a user of the Service (an "Account"). You are solely responsible for your Account and the maintenance, confidentiality and security of your Account and all passwords related to your Account, and any and all activities that occur under your Account, including all activities of any persons who gain access to your Account with or without your permission.
4.3 You agree to immediately notify FinFlare Payments Ltd, to the extent that you are or become aware, of any unauthorized use of your Account, any service provided through your Account or any password related to your Account, or any other breach of security with respect to your Account or any service provided through it, and you agree to provide assistance to us, as requested, to stop or remedy any breach of security related to your Account.
4.4 You agree to provide true, current, accurate and complete customer information as requested by us from time to time and you agree to promptly notify us of any changes to this information as required to keep such information held by us current, complete and accurate.
4.5 If you provide incorrect information with your payment order, we will use reasonable efforts to recover the funds for you, and may need to charge you a fee for that. However this might not be possible and therefore FinFlare Payments will not be liable for this.
4.6 If you start using the E-wallet service (a digital wallet, also referred to as e-wallet, which allows you to conduct electronic financial transactions using digital currency) you agree to be moved under electronic money institution licence and agree to its terms and conditions accessible at https://www.finflarepayments.ca/terms-and-conditions.
5. Licence to use the Website
5.1 You may view, download for caching purposes only, and print pages from the website, provided that:
5.1.1 You must not republish material from this website (including republication on another website), or reproduce or store material from this website in any public or private electronic retrieval system.
5.1.2 You must not reproduce, duplicate, copy, sell, resell, visit, or otherwise exploit our website or material on our website for a commercial purpose, without our express written consent.
6. Payment
6.1 Our Service allows you to send money from any of the countries in which we operate (the “Supported Countries“) to any person or business in the same or another Supported Country (the “Recipient“).
6.1.1 Please be aware that we are always expanding the list of Supported Countries. For the most up to date list of the Supported Countries, please visit FAQ.
6.1.2 FinFlare Payments reserves the right to cease providing the Services in any of the Supported Countries at any time and without any notice to you.
6.2 To request a money transfer to a Recipient, you will need to provide payment instructions through the Service. This will include but is not limited to the Recipient's full name, address, account number and Bank Identifier Code (“SWIFT“or “BIC“), “Reference” (if applicable) and the amount you wish to send (the “Transaction Amount“).
6.3 It is solely your responsibility to make sure all the transaction details are accurate before submission.
6.4 Providing inaccurate details, can cause delays in processing your transaction or can lead to your transaction being cancelled. Once a transaction has been submitted for processing, FinFlare Payments may, at their sole discretion, attempt to cancel a transfer at your request, but cannot guarantee success in such efforts if a transfer has been duly authorised and submitted (please refer to “Cancellation and Refund” section).
6.5 Before you confirm a transaction, we will provide you with the foreign exchange conversion rate that will be applied to your transaction and the fee we will charge for the transaction (the “Transaction Fee“).
6.6 We will also provide you with the estimated amount the Recipient will receive (the “Payout Amount“) after currency conversion and deduction of the Transaction Fee.
6.7 The actual amount that the Recipient receives may differ from the Payout Amount due to additional fees applied by banks or other service providers. Please see the section “Other fees, charges and interest”.
6.8 Once you confirm that you would like to initiate a transaction, we will generate a unique transaction identification number and provide you with funding instructions, including our bank account details or request you to provide your card details (if that is the payment method you have chosen), so that you can deposit the Transaction Amount and pay us the required Transaction Fee.
6.9 The funds will be paid onto the Recipient bank account in the Receiving Country stated in the online form. Once your Transfer has been accepted and the Transaction Amount and Transaction Fee has been received by FinFlare Payments we will aim to credit the Transaction Amount onto the Recipient bank account in the currency requested in the online form within the chosen Delivery Time.
6.9.1 We will not contact the Recipient when funds become available on his account.
6.9.2 We will attempt to process transactions promptly, but any transaction may be delayed or cancelled for a number of reasons including but not limited to: our efforts to verify your identity; to validate your transaction instructions; to contact you; or otherwise to comply with applicable law; or due to variations in business hours and currency availability; due to additional Compliance requirements or/and operating procedures and business guidelines our partners have in place.
6.9.3 Delivery times quoted on our Website and in these Terms and Conditions are representative for the “normal” / average service and are not a guarantee of an individual Service or Transaction time.
6.9.4 “Business Day“ for the purpose of this agreement means a day other than a Saturday, Sunday or public holiday in the United Kingdom or in the Sender’s/Recipient's country when banks are open for business.
6.9.5 Banks have specified times for cut off for the receipt and dispatch of electronic payments. You acknowledge and agree that FinFlare Payments cannot be held liable for any delay in onward payment attributable to the late arrival of funds or instruction of payment related to the cut off times of the designated bank.
6.9.6 If you notice that funds that do not belong to you have been credited to your Account, you must inform us immediately; if an amount is incorrectly credited to your Account, we may debit it without your separate consent. If you no longer have the funds in your Account to cover such a debit, you must repay us within 3 Working Days of receiving our request. If you fail to cooperate and refund the funds, FinFlare Payments will take legal and enforcement action.
7. Your payment details
7.1 We will ask you to provide details of the payment instrument you wish to use, such as your credit card, debit card or bank account (your “Payment Instrument“) so that we can collect payment from you when you initiate a transaction.
7.2 Where relevant, you authorize us to debit your chosen Payment Instrument with the Transaction Amount and Transaction Fee. You represent and warrant that you are the lawful owner of these Payment Instrument(s) and that the details you supply to us are accurate.
7.3 If your payment fails or is insufficient, you authorize us to re-try one or more times to debit your selected Payment Instrument.
7.4 Both you and the Recipient will only act on your own behalf. You may not submit an Instruction or receive a Transaction on behalf of a third person.
7.5 FinFlare Payments will have no responsibility for any fees or charges you may incur by the use of a particular Payment Instrument to fund a Transaction. These may include but are not limited to unauthorized overdraft fees imposed by banks if there are insufficient funds in your bank account or "cash advance" fees and additional interest which may be imposed by credit card providers if they treat use of the Service as a cash transaction rather than a purchase transaction.
8. Exchange rates
8.1 The foreign exchange conversion rate shown during the Service is the rate applicable for currency conversion transactions done on that particular day and time.
8.2 The exchange rates specified during the Service may fluctuate from time to time in accordance with fluctuations in international exchange rate markets.
8.3 Each time you will use the Service to transfer money, the exchange rate and the fee we are charging for the Service will be made available to you before the transaction is completed.
8.4 When you initiate a transaction, we agree to transfer the Transaction Amount to the Recipient at the rate specified during the Service at that time.
8.5 The total amount (the Transaction Amount, Service Fee and other applicable fees and charges) that you will be required to pay and the relevant exchange rate will be displayed clearly on the website before you are asked to confirm your Transaction and proceeding with the Transaction at this point is entirely optional.
8.6 This exchange rate will apply even where there is a delay in processing your transaction. When you pay for a transaction in one currency and the Recipient is paid in another currency, there will be a difference between the exchange rate at which we buy foreign currency and the exchange rate provided to you.
8.7 We are not a currency trading provider; therefore, you should not use our Services for any kind of currency trading. If we determine that you are using our Services for this purpose, you will be breaking these Terms and Conditions and we reserve the right to cancel your transfers and suspend or terminate your account without notice and at any time without liability.
9. Other fees, charges and interest
9.1 If you submit a transaction that results in FinFlare Payments becoming liable for fees or charges, such as chargeback or other fees, you agree to reimburse us for all such fees.
9.2 In order for us to collect payment from you, you authorize us to access, charge, or debit funds from, any of your Payment Instruments.
9.3 FinFlare Payments is not responsible for any charges applied by the Recipient’s bank resulting from the receipt of funds into the Recipient’s bank account.
9.3.1 You should contact the Recipient’s bank directly for details about any such charges that may be applicable to the transaction.
9.4 FinFlare Payments will have no responsibility for any fees or charges you may incur by the use of a particular Payment Instrument to fund a transaction. These may include but are not limited to unauthorized overdraft fees imposed by banks if there are insufficient funds in your bank account or “cash advance“ fees and additional interest which may be imposed by credit card providers if they treat use of the Service as a cash transaction rather than a purchase transaction.
9.5 You will not be entitled to any interest for the period during which the funds to be remitted are with the Bank, or pending remittance or are in the course of remittance, or for any other period. FinFlare Payments may, at any time and at our sole discretion, limit the amount to be transferred, either on a per transaction basis or on an aggregated basis.
9.6 On certain occasions intermediary bank fees may be applicable. In such cases FinFlare Payments may refuse to cover the fees. FinFlare Payments is not liable for covering fees imposed by the bank of the Recipient.
10. Cancellation and Refund
10.1 You can cancel your agreement with us after you have submitted a transaction. This right of cancellation continues until fourteen days after you have submitted the transaction, or until we have completed the contract by depositing the Transaction Amount (after conversion into the Recipient's currency) into the Recipient's bank account, whichever occurs earlier.
10.2 If you exercise your right to cancel under this clause, we may apply a cancellation fee. If you wish to cancel a transaction and/or request a refund, you can send us an email to support@finflarepayments.ca or contact us using the contact information at the bottom of these Terms and Conditions.
10.3 We will consider your request for a refund (submitted by email, or by mail using the contact information at the bottom of these Terms and Conditions or by phone subject to satisfactory identification of the subject) if we are able to identify you as the sender.
10.4 For us to identify you, you must contact us from your registered email address, provide your full name, address, and phone number, together with the transaction identification number, Transaction Amount, and the reason for your refund request. Any refunds will be credited back to the same Payment Instrument used to fund the transaction and in the same currency unless we cannot identify Sender’s bank account.
10.5 If we cannot identify Sender’s bank account, we will contact the Sender asking to provide the same currency bank account details to refund the transfer.
10.6 For successful revocations FinFlare Payments will normally refund your money, to the same Payment Instrument used to fund the Transaction and in the same currency, less any reasonable revocation, recall or tracing charges and any Service Fees already charged. No adjustment will be made for any currency fluctuations which may have occurred in the meanwhile. If we do provide you a refund, we will only refund the Transaction Amount if the transaction was not paid out to the Recipient (in which case we will also cancel your pending transaction).
10.7 In circumstances when the payment has already been credited to the Recipient’s bank account, and a Sender requires a recall of the funds, they may do so. However, FinFlare Payments cannot guarantee cancellation will be successful.
10.8 In those circumstances we would make reasonable efforts to recover the funds. We may charge you a reasonable fee, reflective of our efforts, to do so. However, there is no guarantee that the cancellation will be successful.
11. Collection of Information
11.1 We are regulated by the FINTRAC.
11.2 Canada law requires all financial institutions to obtain, verify, and record identifying information about all its customers. We may therefore require you to supply us with personal identifying information and we may also legally consult other sources to obtain information about you.
11.3 The following means of the verification may be required: photographic evidence of your identity such as a copy of your passport or other form of identification, proof of residence and/or proof of source of funds.
11.4 However, we reserve the right to request you to provide us with the above-mentioned documents as well as other supporting information, at any time.
11.5 We are required to verify your personal details in order to confirm your identity and we may also use a recognized agency for this verification process. We may also pass your personal information to a credit reference agency and fraud prevention agency, which may keep a record of that information.
11.6 This is done only to confirm your identity, a credit check is not performed and your credit rating will not be affected. All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 1998.
11.6.1 For more details on Data Protection, please see our Privacy Policy for more information about how we handle your information. A copy of the Privacy Policy may be obtained on request at: support@finflarepayments.ca, or by visiting: [https://www.finflarepayments.ca/privacy-policy].
11.7 We may be required by law to provide information about you, your use of the Service and your Instructions to government or other competent authorities as described in our Data Privacy Policy. You acknowledge and consent to us doing this.
12. Limitations of Liability
12.1 We will provide the Service using reasonable care and diligence.
12.2 We will use reasonable endeavors to make the Service available except for: planned maintenance, for which 24 hours' notice will be given by placing a notice on our website or mobile application or by providing you an alert through the Service;
12.2.1 Or unscheduled maintenance during normal business hours (UK time) or otherwise, for which we will use reasonable endeavors to give you advance notice by placing a notice on our website or mobile application or by providing you an alert through the Service.
12.3 Due to the nature of the Internet and technology as well as cooperation with third party providers, the Service is provided on an "as available" and "as is basis". This means that we are unable to promise that your use of the Service will be uninterrupted, without delays, error-free or meet your expectations and we do not give any commitment relating to the performance or availability of the Service in these Terms and Conditions and, to the extent we are able to do so, we exclude any commitments that may be implied by law.
12.4 We will also not be responsible, to the extent permitted under any applicable law, for any delay in performing any transactions or any of our other obligations if this is caused by circumstances beyond our control, such as changes in the law, withdrawal of a foreign currency, strikes or labor disputes, imposition of sanctions over a beneficiary or natural disasters.
12.5 We will notify you as soon as we can if we are unable to perform a transaction for any of these reasons and will use reasonable measures to secure the return of any money paid by you.
12.6 To the extent permitted under any applicable law, in no event shall FinFlare Payments our subsidiaries, officers, agents, partners, or employees be responsible to you in any way beyond the sum of £1000.00 (in addition, when applicable, to refunding the transaction amount and transaction fees).
12.7 However, in the event that we make a payment transfer that is not in accordance with your instructions (for example, we send the transfer to the wrong Recipient), we will refund you that payment in full.
12.8 For security reasons, we recommend that you only send money through the Service to people you know personally.
12.9 If you choose to pay third parties for goods and services using the Service, you acknowledge that FinFlare Payments has no control over, and is not responsible for, the quality, safety, legality, or delivery of such goods or services and that any such use of the Service is entirely at your own risk.
13. Force majeure
13.1 In an “Event of Force Majeure” i.e. any circumstance not within the reasonable control of FinFlare Payments, but only if and to the extent that:
13.1.1 Such circumstance, despite the exercise of reasonable diligence, cannot be, or be caused to be, prevented, avoided or removed by FinFlare Payments. FinFlare Payments will not be held liable.
13.1.2 Such circumstance materially and adversely affects the ability of FinFlare Payments to perform its obligations, while FinFlare Payments has taken all reasonable precautions, due care and reasonable alternative measures in order to avoid the effect of such events, FinFlare Payments will not be held liable.
14. Intellectual Property and Copyright
14.1 FinFlare Payments website and the FinFlare Payments Service, the content, and all intellectual property relating to them and contained in them. Including but not limited to copyrights, patents, database rights, trademarks and service marks and any other intellectual property rights which subsist in the design, layout, processes, functions, data and content of our website and mobile application, belong to us and we give you permission to use these materials for the sole purpose of using the Service in accordance with these Terms and Conditions.
14.2 All right, title and interest in and to the FinFlare Payments website and the Service shall remain our property
14.3 FinFlare Payments Website and the FinFlare Payments Service may be used only for the purposes permitted by these Terms and Conditions or described on the website. You are authorized solely to view and to retain a copy of the pages of the FinFlare Payments Website for your own personal use. You may not duplicate, publish, modify, create derivative works from, participate in the transfer or sale of, post on the internet, or in any way distribute or exploit the FinFlare Payments website, the FinFlare Payments Service or any portion thereof for any public or commercial use without our express written permission.
14.4 As part of our Service, we allow you to download our mobile application (including any updates) from our website or via an app store for use on your mobile devices for the sole purpose of accessing and using the Service in accordance with these Terms and Conditions, therefore we grant you a non-exclusive, personal, non-transferable licence for this sole purpose.
14.5 Your right to use the Service is personal to you and is non-transferable.
14.6 FinFlare Payments certifies that it retains full and complete ownership of the granted Rights, the right to dispose of them and to freely grant licences thereof to whomsoever it chooses.
14.7 Other than as permitted in these Terms and Conditions, you are not given a right to use the “FinFlare Payments“ name or any of the “FinFlare Payments“ trademarks, logos, domain names or any other distinctive brand features.
14.8 No part of our website, its content or any of its underlying software and databases may be copied or reproduced, shared with third parties, reverse engineered, reverse assembled, or used to create any derivative work (whether in physical or electronic form) without the prior written consent of FinFlare Payments.
14.9 You may not: (a) use any robot, spider, scraper or other automated device to access the website, the mobile application or the Service; and/or (b) remove or alter any copyright, trademark or other proprietary notice or legend displayed on the FinFlare Payments website (or printed pages of the website).
15. Acceptable use
15.1 You agree that if you use our Website or/and our Services you will be taken to have agreed to these Terms. If you do not agree to these Terms, you should not use our Website or our Services.
15.2.1 When using the Service, you must not: circumvent, disable or otherwise interfere with any security related features of the Service;
15.2.2 create more than one Account;
15.2.3 give any false or misleading information in your Account details;
15.2.4 permit another person to use the Service under your name or on your behalf unless you are a business and such person is authorized by you;
15.2.5 use the Service if we have suspended or banned you from using it;
15.2.6 engage in any fraudulent, illegal or unlawful conduct;
15.2.7 modify, interfere, intercept, disrupt or hack the Website or the Service;
15.2.8 or misuse the Service by knowingly introducing viruses, Trojans, worms, logic bombs or other material which would harm the Service or any user of the Service's own equipment, (together, this list forms our “Rules of Acceptable Use“).
15.3 Failure to comply with the Rules of Acceptable Use constitutes a serious breach of these Terms and Conditions and may result in our taking all or any of the following actions (with or without notice):
15.3.1 immediate, temporary or permanent withdrawal of your right to use our Service or closure of your Account;
15.3.2 issuing of a warning to you;
15.3.3 legal action against you including proceedings for reimbursements of all costs (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
15.3.4 disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
15.4 The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.
16. Complaints
16.1 FinFlare Payments aims to provide the highest level of customer service possible. If you experience a problem, FinFlare Payments will always seek to resolve this as quickly and efficiently as possible. A copy of our complaint procedure is available on request - please email us at support@finflarepayments.ca to obtain a copy.
16.2 In the unlikely event that you are dissatisfied with our Service, in the first instance you should inform us of the complaint as soon as possible in writing by email to support@finflarepayments.ca
16.3 We will acknowledge receipt of your complaint within 2 business days.
16.5 We will investigate your complaint and come back to you with the initial findings of our investigation no later than 2 weeks after receipt of your complaint.
17. Changes to Terms and Conditions
17.1 We may need to change these Terms from time to time to:
17.1.1 comply with law or regulations;
17.1.2 reflect changing market conditions; or
17.1.3 meet our changing business requirements.
17.2 FinFlare Payments will notify you of any changes to our Terms and Conditions in writing by email and/or by placing a notice on our website or mobile application, together with the date on which the changes will take effect (the “Effective Date“).
17.3 FinFlare Payments will give you a 60-day notice of any material changes to these Terms and Conditions. Your continued use of the Service after the Effective Date will show that you have accepted the amended Terms and Conditions.
17.4 Changes made to our Terms and Conditions will normally only apply to your use of our Service after the Effective Date but may also apply to any transactions or other use of our Service initiated before the Effective Date where this is required by law.
18. No Financial Advice
18.1 Our Service and any information displayed on our website or mobile application does not constitute investment or financial advice, and nothing relating to the provision of the information herein shall be construed as creating a fiduciary, financial or other advisory relationship between FinFlare Payments and you or any other third party.
18.2 We do not accept any liability for any loss or damage which is incurred from you acting or not acting as a result of reading any of our publications. You acknowledge that you use the information we provide at your own risk.
18.3 Our publications do not offer investment advice and nothing in them should be construed as investment advice. Our publications are solely for information and education purposes.
18.4 The information contained in our publications is not, and should not be read as, an offer or recommendation to buy or sell or a solicitation of an offer or recommendation to buy or sell any securities. Our publications are not, and should not be seen as, a recommendation to use any particular investment strategy.
18.5 Any comments or statements made are not a recommendation for you, for any particular course of action and should not be regarded as investment advice.
19. Jurisdiction
19.1 These Terms and Conditions will be governed and construed in accordance with Canada Law and any arising dispute pursuant to these Terms and Conditions will be determined by the courts in Canada.
19.2 You agree that English courts have exclusive jurisdiction for any disputes.
19.3 All communications between us and you shall be made in the English language. Where any translation of our Terms and Conditions is undertaken into another language the English version of our Terms and Conditions shall prevail over any translation.
Contact Information Registered Office:
1771 ROBSON STREET UNIT 1607 VANCOUVER, BC, CANADA V6G3B7
