1. Introduction
These Terms and Conditions (“Agreement”) govern your use of the money remittance services (“Services”) provided by Smartsend, a Money Service Business (MSB) incorporated and operating in the United Kingdom, United States, Canada, and Nigeria. By using our Services, you agree to be bound by these Terms and Conditions, as well as our Privacy Policy and any applicable laws and regulations in the jurisdictions we operate.
2. Eligibility
You must be at least 18 years old and capable of forming a legally binding agreement to use our Services. You represent and warrant that you are not violating any laws or regulations by using the Services and that all information you provide is accurate and complete.
3. Services Description
Our Services allow customers to send and receive money across borders, in compliance with local and international anti-money laundering (AML) and counter-terrorist financing (CTF) regulations. Service availability may vary by country and is subject to regulatory approvals.
4. Customer Obligations
You agree to:
a. Provide accurate and truthful information;
b. Use the Services for lawful purposes only;
c. Comply with all applicable laws and regulations;
d. Maintain the confidentiality of your account information.
5. Fees and Charges
You agree to pay all applicable fees and charges related to your transactions, including transfer fees, foreign exchange fees, and any taxes or duties imposed by applicable jurisdictions. We will provide a breakdown of applicable fees prior to the completion of a transaction.
6. Compliance and Verification
We reserve the right to verify your identity, monitor transactions, and take any actions deemed necessary to comply with anti-money laundering (AML), counter terrorist financing (CTF), counter proliferation financing (CPF) and sanctions regulations applicable in the UK (FCA), US (FinCEN), Canada (FINTRAC), and Nigeria (CBN). We may suspend or terminate your access to the Services in case of suspicious activity or regulatory non-compliance.
7. Limitation of Liability
We shall not be liable for any indirect, incidental, special, or consequential damages arising out of or related to the use of our Services. Our liability in any event shall not exceed the amount of the transaction giving rise to the claim.
8. Termination
We may suspend or terminate your access to the Services at any time for any reason, including but not limited to breach of these Terms, regulatory requirements, or fraudulent or suspicious activity.
9. Governing Law and Legal Jurisdiction
These Terms shall be governed by the laws of the jurisdictions in which we operate. Disputes arising under this Agreement will be subject to the exclusive jurisdiction of the courts in those jurisdictions.
10. Amendments
We reserve the right to amend these Terms at any time. You will be notified of changes through our website or registered email. Continued use of our Services constitutes acceptance of the revised Terms.
11. Contact Information
If you have any questions about these Terms, please contact our Customer Support at findsupport@smartsendfinance.com or visit our Help Center on the website.
12. User Account and Security
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to immediately notify us of any unauthorized use or suspected breach of security.
13. Transaction Limits and Restrictions
We may impose limits on the amount and frequency of transactions for security, regulatory, or compliance reasons. These limits may vary by jurisdiction, user profile, or payment method, and may be modified at our discretion without prior notice.
14. Currency Conversion
When you send money in a currency different from the recipient’s currency, a currency conversion will be performed at the exchange rate in effect at the time of the transaction. Exchange rates may include a margin added to the wholesale rate and may vary.
15. Refunds and Cancellations
Refunds may be requested prior to the payout of the transaction. Once a transaction has been paid out to the recipient, it cannot be reversed. Refund requests will be evaluated on a case-by-case basis in accordance with applicable laws and our internal policies.
16. Data Protection and Privacy
We are committed to protecting your personal data in accordance with the General Data Protection Regulation (GDPR) in the UK and EU, the Personal Information Protection and Electronic Documents Act (PIPEDA) in Canada, the California Consumer Privacy Act (CCPA) in the US, and the Nigeria Data Protection Regulation (NDPR). Please refer to our Privacy Policy for more details.
17. Fraud Prevention
We monitor transactions for suspicious activities. You agree not to use our Services for any unlawful or fraudulent activity, including money laundering, terrorism financing, or scams. We may report such activity to the relevant authorities and freeze or terminate the account without notice.
18. Third-Party Services
Our Services may include services provided by third-party partners such as banks, mobile money operators, and payment processors. We are not responsible for disruptions, failures, or service issues arising from these third parties.
19. Intellectual Property
All content, trademarks, service marks, logos, and intellectual property associated with our Services are the property of Smartsend or its licensors. You may not use, reproduce, or distribute any of this content without our prior written permission.
20. Force Majeure
We shall not be held liable for any delay or failure in performance resulting from causes beyond our reasonable control, including but not limited to acts of God, war, terrorism, labor disputes, natural disasters, utility outages, cyberattacks, pandemics, strikes, civil unrest, government actions or restrictions, disruptions in telecommunications or internet services. We will make reasonable efforts to notify you in such cases.
21. Sanctions and Export Controls
You agree that you will not use the Services to conduct transactions with individuals or entities located in countries subject to sanctions or embargoes enforced by the United Nations (UN), the UK Office of Financial Sanctions Implementation (OFSI), the US Office of Foreign Assets Control (OFAC), the Canadian Sanctions List, or the Nigerian Sanctions List. We reserve the right to block or reverse transactions that violate such sanctions.
22. Data or Record Retention Policy
We will retain records of your transactions and personal information for as long as required under applicable law in each jurisdiction we operate. This includes but is not limited to AML/CTF/CPF regulations, tax obligations, and audit requirements. Once the retention period expires, your data will be securely deleted, subject to local legal requirements for data retention.
23. Complaints and Dispute Resolution
If you have a complaint about our Services, you may contact our customer support. We aim to resolve complaints promptly and fairly. If a dispute cannot be resolved internally, it will be submitted to arbitration or mediation in accordance with the governing law section of these terms and conditions.
24. No Waiver
Failure by Smartsend to enforce any provision of these Terms at any time shall not be construed as a waiver of our right to enforce that or any other provision in the future.
25. Severability
If any provision of these Terms is held to be invalid or unenforceable by a court or regulatory authority, the remaining provisions shall remain in full force and effect.
26. Language
These Terms and Conditions are provided in English. Translations may be provided for convenience, but the English version shall prevail in case of any conflict or interpretation issues.
27. Onboarding and Customer Verification
As part of our onboarding process, you agree to provide accurate and complete information for identity verification purposes. This includes personal information, government-issued identification, and proof of address. We may request additional information or documentation to comply with regulatory requirements before allowing you to use our Services.
28. Transaction Monitoring
We monitor all transactions to identify suspicious activities in real-time and perform additional due diligence when necessary. This includes analyzing transaction patterns for signs of money laundering, fraud, and other illicit activities. You agree to cooperate fully with us in relation to any transaction review or investigation.
29. Sanctions Screening
We conduct sanctions screening of all transactions and customers against lists maintained by relevant authorities, including the United Nations (UN), OFAC (US), OFSI (UK), FINTRAC (Canada), and the Central Bank of Nigeria (CBN). Any transaction involving a sanctioned individual or entity shall be blocked or reversed.
30. Anti-Fraud Protection
We utilize advanced fraud detection mechanisms, including but not limited to two-factor authentication, real-time transaction monitoring, and pattern analysis to protect our customers from fraudulent activities. You agree to promptly report any suspicious activity or unauthorized transactions to us.
31. Law Enforcement Requests
We may be required to disclose your personal information, transaction records, and account details to law enforcement authorities in response to a lawful request, subpoena, or court order. You consent to such disclosures when required by applicable law.
32. Anti-Money Laundering (AML)
In compliance with AML laws and regulations, we have implemented measures to detect and report suspicious activities that may involve money laundering or related crimes. We may request additional documentation from you to verify the legitimacy of your transactions and take necessary actions to report suspicious activities to relevant authorities.
33. Counter-Terrorist Financing (CTF)
We are committed to preventing our services from being used for terrorist financing. We implement robust systems to detect and prevent transactions related to terrorism or organizations subject to international sanctions. This includes monitoring transactions and screening individuals and entities against terrorist watchlists.
34. Counter-Proliferation Financing (CPF)
We take measures to ensure that our services are not used for financing the proliferation of weapons of mass destruction or other related activities. This includes complying with sanctions and regulations that restrict financing for proliferation activities and conducting enhanced due diligence where necessary.
35. Regulatory and Legal Compliance
We are committed to complying with all applicable laws, guidelines and regulations in the jurisdictions where we operate, including the UK (FCA), US (FinCEN), Canada (FINTRAC), and Nigeria (CBN). This includes adhering to all licensing requirements, reporting obligations, and maintaining compliance with financial crime prevention measures. You are responsible for ensuring that your use of our Services complies with applicable laws in your jurisdiction.
36. Customer Classification and Risk Rating
We reserve the right to classify customers based on their risk profile, which may be influenced by factors such as geographic location, transaction behaviour, source of funds, and type of service used. Based on the risk assessment, enhanced due diligence (EDD) measures may apply, and certain customers may be restricted or denied access to our Services.
37. Politically Exposed Persons (PEPs)
You must disclose if you are or become a Politically Exposed Person (PEP), or are related to or associated with one. We reserve the right to perform enhanced due diligence, request additional documentation, and restrict or terminate services in accordance with regulatory requirements.
38. Ongoing Due Diligence and Account Reviews
We conduct ongoing monitoring of customer relationships, including periodic reviews of KYC information. You agree to promptly update your information when changes occur and provide additional documentation upon request to ensure ongoing compliance with applicable laws.
39. Beneficial Ownership Disclosure
For legal entities or accounts with third-party funding, we may request disclosure of the ultimate beneficial owners (UBOs) in accordance with AML/CTF/CPF regulations. Failure to provide such information may result in service denial or account suspension.
40. Use of Artificial Intelligence and Automation
We may use AI-based tools and automated decision-making systems for onboarding, fraud detection, transaction monitoring, and sanctions screening. You acknowledge and consent to such automated processes, which are designed to enhance security and compliance.
41. Suspension and Termination of Services
We reserve the right to suspend or terminate your access to the Services at any time, without prior notice, for suspected or actual violations of these Terms, regulatory requirements, or suspicious activity. This includes failure to provide documentation or cooperating with investigations.
42. Record-Keeping Obligations
In accordance with global AML standards and data retention laws, we maintain transaction records, customer identity information, and other relevant data for a minimum of five (5) years, or as required by applicable jurisdictional regulations.
43. Use of Third-Party Service Providers
We may outsource certain services, including payment processing, verification, and compliance functions, to third-party providers. These providers are subject to appropriate due diligence, oversight, and contractual obligations to protect customer information and ensure regulatory compliance.
44. International Data Transfers
Your data may be stored and processed in jurisdictions outside your country of residence. We ensure appropriate safeguards are in place, including standard contractual clauses or data transfer agreements, in compliance with applicable data protection regulations.
45. Customer Responsibilities
You are responsible for ensuring the accuracy of information submitted and for complying with all laws applicable to your use of our Services. You must not use our Services to engage in illegal activities, such as fraud, tax evasion, terrorism financing, or human trafficking.
46. Prohibited Use of Services
You agree not to use our Services for any unlawful purposes, including but not limited to: human trafficking, child exploitation, bribery, tax evasion, wildlife trafficking, arms trade, ransomware or cybercrime, or facilitating transactions for high-risk jurisdictions subject to FATF calls for action.
47. Virtual Assets and Cryptocurrencies
Unless explicitly approved, our Services may not be used to exchange, transfer, or process payments involving virtual assets or cryptocurrencies. This includes activities related to virtual asset service providers (VASPs), unless registered and subject to regulatory oversight.
48. Customer Notification Obligations
You agree to notify us immediately if you become aware of unauthorized use of your account or credentials, changes to your legal status, insolvency, bankruptcy proceedings, or any criminal investigation that may affect your use of our Services.
49. Risk-Based Approach
We adopt a risk-based approach (RBA) to compliance, meaning customers, products, delivery channels, and geographies are assessed for risk exposure. This allows us to apply proportionate controls, including enhanced due diligence (EDD), transaction limits, or service restrictions.
50. Monitoring of Emerging Risks
We monitor for emerging risks such as the misuse of Smartsend innovations, money mules, scams, trade-based money laundering, and abuse of identity theft. Our controls are continuously updated to address threats identified by global financial intelligence units (FIUs) and regulators.
51. Regulatory Inspections and Audits
You acknowledge and consent to regulatory inspections, reviews, or independent audits of your transactions and records when legally required. We reserve the right to suspend services pending the outcome of any regulatory inquiry.
52. Transparency and Traceability of Funds
You agree to provide complete and accurate originator and beneficiary information for each transaction. We may delay or reject transactions that lack sufficient information to ensure transparency and traceability in accordance with FATF Recommendation 16 (Wire Transfer Rule).
53. Cross-Border Tax Reporting and Compliance
We may be required to report account or transaction details to tax authorities under CRS (Common Reporting Standard), FATCA (Foreign Account Tax Compliance Act), or similar international agreements. You consent to such disclosures for regulatory compliance.
54. Use of Biometric Authentication
Where available, you may opt to use biometric authentication (such as fingerprint or facial recognition) for secure access to our platform. Your biometric data is processed and stored in accordance with applicable data protection laws and cybersecurity standards.
55. Suspicious Activity Reports (SARs)
We are obligated to file SARs to competent authorities if there are reasonable grounds to suspect that a transaction or customer activity may be linked to money laundering, terrorist financing, or other financial crime. These reports are confidential and protected by law.
56. Third-Party Sender and Beneficiary Risks
We reserve the right to review and assess the identity and legitimacy of both the sender and the final beneficiary of funds. Transactions involving third parties not directly associated with your account may be subject to enhanced due diligence or rejected.
57. Transparency of Fees and Exchange Rates
We commit to providing clear, upfront disclosure of all transaction fees and applicable exchange rates before confirming any transaction. You acknowledge that currency conversion rates are subject to market fluctuations and may include a margin or spread.
58. Geographic Restriction
Our Services may not be available in certain countries or regions due to regulatory restrictions or risk assessments. We reserve the right to block access to the platform or deny services based on your location or the destination of funds.
59. Use of Intermediary Institutions
Cross-border transactions may involve intermediary banks or financial service providers. You acknowledge that these intermediaries may impose additional fees or compliance requirements, which are outside our control.
60. Consumer Protection and Redress
We are committed to safeguarding your rights as a consumer under applicable law in your jurisdiction. This includes protection from unfair treatment, access to complaint channels, and recourse to dispute resolution and financial ombudsman services where applicable.
61. Foreign Exchange Risk Disclaimer
When you initiate a transaction involving currency conversion, you accept the risk of foreign exchange losses due to rate fluctuations between the time of initiation and settlement.
62. Regulatory Licensing Disclosure
Smartsend is licensed and supervised by the appropriate authorities in each country of operation, including the HMRC (UK), FinCEN (US) and FINTRAC (Canada). Licence applications may be pending before the FCA (UK) and CBN (Nigeria). Details of our regulatory registrations are available on our website.
63. Cybersecurity and Platform Availability
We implement reasonable and industry-standard cybersecurity measures to safeguard your data and prevent unauthorized access. However, we do not guarantee uninterrupted availability of our platform and may suspend access temporarily for maintenance or security reasons.
64. Dormant Accounts and Unclaimed Funds
Accounts with no activity over a defined period may be classified as dormant. In such cases, we may restrict access and initiate procedures in accordance with applicable unclaimed property or escheatment laws. You will be notified before any action is taken, and you may reactivate your account by providing the necessary identification and verification.
65. Ethical Business Conduct
You agree not to use our Services to facilitate bribery, corruption, or unethical business practices. We reserve the right to investigate and report any suspected breach of anti-corruption laws, including the UK Bribery Act, U.S. Foreign Corrupt Practices Act (FCPA), and similar legislation.
66. Third-Party Risk Management
We assess the integrity and compliance posture of third-party service providers, agents, and partners. Use of our Services may be restricted if you transact with or on behalf of third parties deemed high-risk or non-compliant with international standards.
67. Whistleblower Protection
We provide secure and confidential channels to report concerns regarding financial crime, fraud, or other misconduct related to our Services. We will not retaliate against individuals who report concerns in good faith, and we comply with applicable whistleblower protection laws.
68. Financial Crime Training and Awareness
All users, partners, and agents may be subject to mandatory training or awareness programs related to anti-money laundering (AML), counter-terrorism financing (CTF), fraud prevention, and other regulatory obligations, especially when using advanced features or acting as a business client.
69. Customer Cooperation and Information Requests
You agree to cooperate fully with requests for information, documentation, or clarification necessary to fulfil our compliance obligations. Failure to cooperate may result in delayed transactions, suspension of Services, or account closure.
70. Notification of Changes in Legal or Business Status
You must notify us in writing of any changes to your legal name, ownership structure, control persons, regulatory licensing status, or primary business activity (if applicable). These updates are critical for maintaining compliance and service continuity.
71. Transaction Limits and Velocity Controls
To mitigate financial crime risks, we may impose transaction limits, caps on frequency, or cumulative value restrictions. These controls may vary based on your risk profile, country of operation, or transaction type.
72. Audit Rights
We reserve the right to audit or require audits of your account activity if you are a business customer, API integrator, or use the Services for large-volume or high-risk transactions. Audits may be conducted internally or through independent third parties.
73. Environmental, Social, and Governance (ESG) Commitment
We are committed to environmental sustainability and social responsibility in all aspects of our operations. As part of our business conduct, we aim to uphold the highest standards of governance by ensuring transparency, fairness, and ethical decision-making processes. We encourage our users to engage in responsible financial practices, particularly those related to sustainable investments and financing.
74. Smartsend Interoperability and Standards Compliance
Our Services are designed to comply with industry standards for Smartsend interoperability, ensuring smooth transactions across different platforms and services. We commit to adhering to open standards for financial transactions where possible, allowing customers to interact with other global financial service providers in a secure and compliant manner.
75. Biometric Consent and Privacy
Where biometric data (such as facial recognition or fingerprint scanning) is used as part of our authentication process, you consent to the collection, processing, and storage of your biometric data in line with applicable privacy laws and regulations. We employ state-of-the-art security measures to protect your data and ensure compliance with relevant data protection laws.
76. Embedded Compliance Tools and Regulatory Technology (RegTech)
We use advanced RegTech tools to embed compliance measures directly into our transaction processing and risk management systems. This includes automated monitoring for AML, CTF, sanctions screening, fraud detection, and other regulatory requirements. By using our Services, you consent to the use of these technologies to enhance compliance and security.
77. User Access and Account Security
You are responsible for maintaining the security of your account and any credentials used to access our platform. This includes safeguarding your password and ensuring that any device used to access our platform is secure. We recommend enabling two-factor authentication (2FA) for added security.
78. Transaction Disputes and Chargebacks
In the event of a transaction dispute or chargeback request, you agree to cooperate fully with our investigations and provide all necessary documentation. We reserve the right to withhold funds or suspend services while the dispute is resolved. Chargebacks initiated without valid reasons may result in service restrictions or account suspension.
79. Cross-Border Compliance with Local Laws
You agree to comply with the applicable laws and regulations of your country of residence, as well as any jurisdictions in which you conduct transactions. This includes compliance with cross-border reporting requirements, sanctions, anti-money laundering (AML), and counter-terrorism financing (CTF) regulations.
80. Discontinuation of Services
We reserve the right to suspend or discontinue our Services at any time, for any reason, including regulatory changes, market conditions, or operational challenges. We will notify affected users in advance, where possible, and ensure that any pending transactions are processed appropriately before service discontinuation.
81. Legal and Regulatory Notices
All legal and regulatory notices regarding these Terms and Conditions will be provided through our platform or via email. You agree to regularly check for such notices to stay informed about any updates or amendments to our policies and compliance obligations.
82. Third-Party Integrations and APIs
We may offer integrations with third-party services or provide access to our platform via application programming interfaces (APIs). You agree to comply with any additional terms and conditions that apply to such third-party services or integrations and ensure that such use is compliant with relevant laws and regulations.
83. Transaction Reversals and Refund Policy
In the event of an error or fraudulent activity, we may reverse transactions or issue refunds at our sole discretion, in accordance with applicable laws and regulatory guidelines. Refunds will be processed within a reasonable time frame, subject to the availability of funds and transaction verification procedures.
84. Platform Availability and Maintenance
We strive to maintain the continuous availability of our platform, but we cannot guarantee uninterrupted access due to technical issues, scheduled maintenance, or emergency system updates. We will make reasonable efforts to notify users in advance of any planned maintenance or downtime.
85. Transaction Review and Delays
We reserve the right to review, delay, or block any transaction that raises suspicion of fraud, money laundering, terrorist financing, or other illicit activities. We will notify you of such delays, subject to applicable legal restrictions, and work to resolve the issue in a timely manner.
86. Changes to Terms and Conditions
We reserve the right to modify, update, or amend these Terms and Conditions at any time. Any significant changes will be communicated to you via email or notifications within the platform. Continued use of our Services after such changes constitutes your acceptance of the updated Terms.
87. Responsibility for Transactions
You are solely responsible for ensuring the accuracy of all transaction details, including the recipient’s information, transaction amount, and currency. We are not liable for any loss or error resulting from incorrect transaction information provided by you.
88. Dispute Resolution and Arbitration
Any disputes arising from the use of our Services will be resolved through binding arbitration, in accordance with the rules of a mutually agreed-upon arbitration body. You agree to waive any right to a jury trial or class action related to any claims against us.
89. Indemnification
You agree to indemnify and hold Smartsend, its officers, employees, agents, and affiliates harmless from any claims, liabilities, damages, losses, or expenses (including legal fees) arising from your violation of these Terms or your use of our Services.
90. No Warranty or Guarantee and Disclaimers
Our Services are provided “as is,” and we make no representations or warranties regarding the accuracy, reliability, or availability of the platform. We do not guarantee the success of any transaction, nor do we provide any guarantees against financial loss. We disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability or fitness for a particular purpose. Use of our Services is at your own risk.
91. Consumer Protection and Complaints
We are committed to ensuring that your rights as a consumer are protected. If you have any complaints or concerns regarding our Services, you can contact our customer support team. If unresolved, we will direct you to the relevant regulatory authorities in your jurisdiction for further assistance.
92. Minors and Age Restrictions
Our Services are not intended for individuals under the legal age of majority in their jurisdiction. By using our platform, you confirm that you are of legal age and have the capacity to enter into binding contracts under applicable laws.
93. Consumer Rights and Fair Treatment
We are committed to treating all our customers fairly and providing equal access to our services without discrimination. We will take appropriate measures to ensure that our services are delivered in a transparent, honest, and customer-centric manner. If you believe you have been treated unfairly, you may contact our customer support team for resolution.
94. Confidentiality and Non-Disclosure
You agree to maintain the confidentiality of any proprietary information shared by us in connection with the use of our Services. Similarly, we will respect the confidentiality of your personal and financial information, except where disclosure is required by law or regulatory authority.
95. External Service Providers and Subcontractors
We may engage external service providers or subcontractors to perform certain functions related to our Services, such as transaction processing, data storage, or customer support. We will ensure that these third parties comply with the same standards of confidentiality and data protection that apply to us.
96. Electronic Communications Consent
You consent to receive communications from us electronically, including notifications, updates, promotional offers, and regulatory alerts. These communications may be delivered via email, SMS, or through the platform. You agree that such communications meet the legal requirements for written notice.
97. Acknowledgement of Risks
By using our Services, you acknowledge and accept the inherent risks associated with cross-border transactions, including fluctuating exchange rates, potential delays due to regulatory checks, and the possibility of fraud or errors in transactions. We take reasonable steps to mitigate these risks, but cannot guarantee that they will not occur.
98. Transaction Rejection or Cancellation
We reserve the right to reject or cancel any transaction that does not meet our operational standards, is flagged for compliance review, or is deemed to involve prohibited activities. You will be notified of any such action, and we will provide details of the reasons for rejection or cancellation, to the extent legally permissible.
99. Notice of Fraud or Error
If you believe that a transaction was processed fraudulently or in error, you must notify us immediately. We will investigate the issue and work with you to resolve the matter promptly. Failure to notify us within a reasonable time frame may limit our ability to investigate and correct the transaction.
100. Transfer of Rights and Obligations
We reserve the right to transfer or assign our rights and obligations under these Terms to third parties, including affiliates or successors in interest. You may not assign or transfer your rights and obligations under these Terms without our prior written consent.
101. Advertising and Marketing Consent
By using our Services, you consent to receiving marketing communications from us regarding products, services, and promotions. You may opt-out of marketing communications at any time by following the instructions in the communication or contacting our support team.
102. Compliance with International Financial Standards
We adhere to international standards and guidelines set forth by global financial organizations, such as the Financial Action Task Force (FATF), the Basel Committee on Banking Supervision, and the Wolfsberg Group. These standards govern the prevention of financial crimes, including money laundering and terrorist financing.
103. Limited Liability
To the fullest extent permitted by law, our liability for any claims arising from your use of the Services is limited to the total amount of the transaction in question. We are not liable for any indirect, incidental, or consequential damages arising from the use of our platform.
104. Customer Feedback and Reviews
We welcome customer feedback to help improve our Services. You agree that any feedback, suggestions, or reviews you provide will become our property and may be used in marketing, product development, or customer service improvements without compensation.
105. Compliance with Anti-Bribery and Corruption Laws
You agree not to offer, promise, or accept bribes or engage in any form of corruption in relation to the use of our Services. We strictly comply with all applicable anti-bribery and corruption laws, and any violation may result in the immediate suspension or termination of your account and potential legal action.
106. Intellectual Property Infringement
If you believe that your intellectual property rights have been infringed upon by our Services, you should notify us immediately. We will review any such complaints and take appropriate actions to address potential violations, including removal of infringing content or blocking access to certain materials, if necessary.
107. Operational Transparency and Reporting
We strive to maintain transparency in our operations. We will provide periodic updates regarding our services, including any changes to our fees, security measures, or service offerings. You may request reports on your transaction history and other account-related activities at any time through our platform.
108. Liability for Third-Party Services
Our Services may include links or references to third-party websites, platforms, or services. We are not responsible for the content, accuracy, or privacy practices of such third-party services. Your use of third-party services is subject to their terms and conditions, and you agree to indemnify us for any claims related to third-party services.
109. No Class Actions
You agree that any disputes related to the use of our Services will be resolved individually. You waive your right to bring any claims as part of a class action, consolidated action, or representative action. All claims must be brought individually and subject to the terms outlined in the dispute resolution clause.
110. Account Termination for Breach of Terms
If you violate any part of these Terms, we reserve the right to suspend or terminate your account. In case of termination, you will be responsible for all outstanding transactions, fees, and obligations up to the point of termination. Any termination will be made in accordance with applicable laws and regulations.
111. Availability of Funds
You acknowledge that the availability of funds for cross-border transactions may vary depending on local financial regulations, time zones, and intermediary financial institutions. We are not responsible for any delays or issues arising from third-party financial institutions in processing transactions.
112. No Waiver
Any failure or delay by us in enforcing any provision of these Terms shall not be considered a waiver of our rights. We may enforce our rights at any time, even if we previously chose not to do so in relation to the same issue.
113. Assignment of Rights and Obligations
We reserve the right to assign or transfer our rights and obligations under these Terms to any affiliate, subsidiary, or third-party provider without your prior consent. You may not assign or transfer any rights or obligations under these Terms without our written consent.
114. Changes to Service Fees
We may change the service fees at any time. You will be notified in advance of any such changes, and continued use of our Services after such changes have been made constitutes your acceptance of the new fees. We strive to keep all fee changes transparent and reasonable.
115. No Agency Relationship
Nothing in these Terms shall be construed as creating an agency, partnership, joint venture, or fiduciary relationship between you and Smartsend. Both parties act as independent contractors, and no party has authority to bind or act on behalf of the other without express written consent.
116. No Endorsement of Third-Party Content
We may provide links or references to third-party websites or services for informational purposes. We do not endorse, approve, or take responsibility for the content, products, or services offered by third parties. Any transactions or interactions with third parties are solely between you and the third party.
117. Operational Changes and Service Modifications
We reserve the right to modify, update, or discontinue any aspect of our Services at any time. This may include changes to the platform’s features, user interface, fees, or available payment methods. We will notify you of significant changes to the Service, and continued use after such modifications constitutes your acceptance of the updated Terms.
118. Notification of Changes to Privacy Policy
We will notify you of any significant changes to our Privacy Policy, which governs the collection, use, and storage of your personal data. You are encouraged to review the Privacy Policy regularly to stay informed of how we handle your information. If you do not agree with the changes, you may terminate your account and stop using the Service.
119. Prohibition of Use by Unauthorized Parties
You agree not to allow any unauthorized person to access your account or use our Services. Any action taken by someone using your account will be considered as having been taken by you, and you are responsible for all associated activities, including any unlawful or fraudulent transactions.
120. Access to Transaction History
You may request access to your transaction history at any time through our platform. We will provide transaction records as required by applicable law or regulation, and we may charge a reasonable fee for providing such records in certain cases, subject to the laws of your jurisdiction.
121. Right to Refuse Services
We reserve the right to refuse providing Services to any person, entity, or jurisdiction that we believe may pose a risk to the safety or integrity of our platform or be in violation of applicable laws and regulations. We may refuse to process transactions for users who do not meet our compliance standards.
122. SMS Communications & Consent
You agree to receive informational messages (appointment reminders, account notifications, etc.) from SmartSend Finance. Message frequency varies. Message and data rates may apply. For help, reply HELP or email us at support@smartsendfinance.com. You can opt out at any time by replying STOP.
