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Terms and Conditions
AMIGO CARD SERVICES CORP.
The Amigo Card Services Corp (“Amigo”)
stored value card products (the “Products and Services”)
and the use of this web site (the “Site”) is subject to
the following terms and conditions:
We thank you for your interest in the Amigo Site. Please
read these terms and conditions of use (the "Terms and Conditions")
carefully before using the Site. By using the Site, you agree to comply
with all of the Terms and Conditions set out below. If you do not agree
to the Terms and Conditions, please do not use the Site. We reserve the
right, at our sole discretion, to modify the Terms and Conditions at any
time, and such modifications shall be effective immediately upon posting
of the modified Terms and Conditions. You agree to review the Terms and
Conditions periodically to be aware of such modifications and your continued
use of the Site shall be deemed your conclusive acceptance of the modified
Terms and Conditions.
1. Rights in Site and Content
The Site and all content provided on the Site is protected
by copyright, trade-mark, and other applicable intellectual property and
proprietary rights laws, and is owned, controlled, and/or licensed by
Amigo and/or its affiliates and related companies. Nothing contained on
the Site should be considered as granting, by implication, estoppel, or
otherwise, any license or right to use any trade-marks, logos, or other
names, including, but not limited to, those identifying Amigo and/or its
affiliates and related companies or their respective products and services
displayed on the Site, without the expressed written consent of Amigo
or such third party that may own such trade-marks, logos and other names
displayed on the Site.
2. Use of Site and Content
2.1 No information or material from the Site may be copied,
reproduced, republished, uploaded, posted, transmitted, or distributed
in any way whatsoever except that you may download one copy of the materials
on any single computer, for your personal, non-commercial home use only,
provided you keep intact all copyright and proprietary notices. You agree
that you do not acquire any ownership rights in any downloaded content.
You agree to abide by all copyright notices, information and restrictions
contained in any content on the Site and any content accessed through
the Site. You are hereby advised that Amigo will aggressively enforce
its intellectual property rights to the fullest extent permitted by law.
2.2 You will use the Site and any content, material, or information found
on the Site solely for lawful purposes. You shall not upload to, distribute
to, or otherwise disseminate through the Site any material or information
of any kind that is libelous, defamatory, obscene, pornographic, abusive,
or otherwise violates any law or infringes or violates any rights of any
other person or entity, or contains a solicitation of funds, advertising,
or a solicitation for goods or services. You will be solely responsible
for the content of any material or information that you make available
through the Site. You will also be liable for any loss or damage resulting,
directly or indirectly, from your making any material or information available
through the Site.
2.3 Amigo has no obligation to, and does not and cannot review, every
item of material or information that you and users other than yourself
make available through the Site, and Amigo is not responsible for any
of this material or information. However, Amigo reserves the right to
monitor, delete and/or refuse to transmit, move, or edit any material
or information, in whole or in part, without notice to you, which it deems
in its sole discretion, unacceptable, undesirable or in violation of any
law. Without limiting the generality of the foregoing, Amigo reserves
the right
to restrict or prohibit the sending of unsolicited bulk or commercial
messages or the sending of numerous copies of the same or substantially
similar messages or very large messages to a recipient.
2.4 Use of the Site is strictly subject to compliance with these Terms
and Conditions. You acknowledge and agree that Amigo may terminate your
access to any of the Products and Services should you fail to comply with
the Terms and Conditions or any other guidelines and rules published by
Amigo. Any such termination shall be in Amigo’s sole discretion and
will occur with notice. Amigo further reserves the right to terminate
any client's access to the Site, or to any of the Products and Services
provided by it for any conduct that Amigo, in its sole discretion, believes
is or may be directly or indirectly harmful to other clients, to Amigo
or its subsidiaries, affiliates, or business contractors, or to other
third parties, or for any conduct that violates any federal, provincial,
local, state, or foreign laws or regulations. Amigo further reserves the
right to terminate any user's access to the Site or to any of the Products
and Services based on Amigo’s sole discretion.
2.5 You hereby grant to Amigo a worldwide, royalty-free, perpetual, irrevocable,
non-exclusive right and license to use, reproduce, modify, adapt, publish,
translate, distribute and sub-license any and all material or information
submitted by you to the Site or Amigo and/or to incorporate it in other
works regardless of form, medium or technology.
3. Transactions
3.1 Amigo customers or merchants (each a "Purchaser")
may purchase an Amigo card Products and Services (an “Amigo Card")
from Amigo or its authorized merchants or representatives to be used,
in accordance with the use materials provided with the card and these
Terms and Conditions. The principal amount of money of each Amigo Card
(the "Amigo Card Amounts") will normally be credited to the
Amigo Card product and associated Amigo Stored Value Debit Account (an
"Amigo Account") in U.S. Dollars only, subject to currency availability
and the conditions applicable to the selected payment location. Amigo
Card Amounts are available for use promptly after validation of Purchaser
information which may take up to 24 or 36 hours on certain transactions.
Amigo reserves the right to limit the Amigo Card Amount to be credited
to an Amigo Card and associated Amigo Account, or to reject a proposed
Amigo Card sale, in its sole discretion. The Amigo Card is accepted in
certain jurisdictions. To-date, the Amigo Card is accepted in the Republic
of Cuba (“Cuba”).
3.2 Amigo will require the Purchaser to register and provide certain data
about itself. In registering and providing such data, each Purchaser represents
and warrants that: (a) the information about the customer is true, accurate,
current, and complete as required by various Amigo registration forms
("Registration Data") and (b) each Purchaser will maintain and
promptly update the Registration Data to keep it true, accurate, current
and complete. If you provide any information that is untrue, inaccurate,
not current or incomplete, or Amigo has reasonable grounds to suspect
that such information is untrue, inaccurate, not current or incomplete,
Amigo has the right to suspend or terminate the Purchaser’s account
and respective Amigo Card product and refuse any and all current or future
use of the Products and Services.
3.3 Upon registering, each Purchaser/user will receive a confidential
personal identification number (“PIN”). You are responsible
for maintaining the confidentiality of the PIN, and are fully responsible
for all activities that occur under your PIN. You agree to immediately
notify Amigo of any unauthorized use of your PIN or account or any other
breach of security. The Amigo cannot and will not be liable for any loss
or damage arising from your failure to comply with this requirement.
3.4 Please contact Amigo at the Customer Service telephone set out on
the Site for current information regarding the conditions applicable to
the service and our merchant locations throughout the World.
3.5 In consideration for the provision of the card Products and Services,
you agree to pay to Amigo (or to its authorized merchant/agent, as the
context requires) an Amigo Card fee for each Amigo Card purchased by you
at the applicable rate then in effect (the "Amigo Card fee")
together with any additional service or exchange rate fees, levies or
charges ("Additional Fees") levied by Amigo or its authorized
merchants or representatives from time to time (collectively, Amigo Card
fees and Additional Charges referred to as "Fees"). The applicable
Fees for your transaction will be provided to you prior to final authorization
and activation of the respective Amigo Card.
3.6 All funds credited to the Amigo Card Products and Services will be
made in U.S. Dollars only, unless otherwise provided for by Amigo.
3.7 No Amigo Card will be activated by Amigo until such time as Amigo
is in receipt of the Amigo Card Amounts, Registration Data, all applicable
Fees and all other necessary information to complete any requested Amigo
Card as determined by Amigo (the "Data"). Purchasers must pay
Amigo and/or its merchant/agent the subject Fees to complete any Amigo
Card purchase. Purchasers acknowledge that Registration Data and additional
Data shall include all information requested by Amigo to verify your identity
prior to Amigo completing any transaction. All information provided and
Amigo's use of such information is strictly governed by Amigo's
Privacy Statement and these Terms and Conditions.
3.8 Refunds of any remaining Amigo Card Amount balances and/or cancellation
of the Amigo Card will only be made upon written request of the Purchaser
(“Refund Request”) to Amigo, provided that the Refund Request
is made to and processed by Amigo within 12 months of the Amigo Card being
activated (a "Refunded Balance Transaction"). All Fees paid
by the Purchaser to obtain the Amigo Card are not refundable, notwithstanding
any Refund Request and such Fees are deemed notwithstanding the Refund
Request, to have been earned in full by Amigo. Refunds will be made within
60 days of receipt of a valid written Refund Request from the Purchaser
together with the then fee charged by Amigo to process such requests.
If you want a refund, you must mail or deliver your written request to
Amigo at 1600 Steeles Avenue West, Suite 400 Concord Ontario, L4K 4M2.
3.9 Amigo’s "Know Your Customer" (“KYC”) policy
contains certain requirements and guidelines which Purchasers, Site users
and other Amigo customers must comply with. KYC requirements are not optional.
The purpose of the KYC policy is to detect and report money laundering
attempts to the appropriate governmental authorities.
Under the Amigo KYC policy:
- Electronic transactions will be logged into an information database
and compared against pre-established profiles. As such, every transaction
will be monitored;
- All Purchasers and remittance activity will require identification
(such as a copy of a valid driver license with a photograph) and/or
passport and profile information;
- All documents will be photocopied and held on file;
- Anyone who will not provide identification or profile information
will not be allowed access to Amigo Products and Services, and preferably,
all customers should have an "established" transaction history
and relationship with Amigo or its merchant; and
- Pre-defined limits will be placed on the amount of the Amigo Cards.
As a result of such a policy, Amigo is able to determine the source
of funds, destination, and patterns and classify them according to pre-determined
"profiles," and monitor their electronic remittance activity
to detect deviations or suspicious activities.
3.10 In addition to Amigo Card fees, where an Amigo Card
is not used or canceled by the Purchaser within one (1) year of the date
it was activated, there will be a non-refundable administration charge
where permitted by applicable law. The administration charge will be deducted
from the Amigo Card Amount. The minimum administration charge is fifty
(50) cents ($USD) per month from the date the Amigo Card was sent, but
not more than twenty ($USD20.00) Dollars per annum.
4. Disclaimer of Warranties & Limitation of Liability
4.1 The information contained on the Site is for informational purposes
only and it is not intended to meet any particular user's need. Documents
provided on the Site are provided as a service only, and do not constitute
official versions of such documents. The Site, and all content, material,
information or postings found on or accessed through the Site, are provided
on an "as is" basis. Amigo, its affiliates and related companies,
and each of their respective directors, officers, employees, consultants,
shareholders and agents expressly disclaim any and all representations,
warranties and conditions, express and implied, including, without limitation,
any and all representations and warranties of title and non-infringement,
and all implied warranties and conditions of merchantable quality, fitness
for any particular purpose, suitability for any particular purpose, and
any representations, warranties or conditions arising from any course
of dealing or usage of trade, with respect to the Site or the content
contained in or accessed through the Site. Neither Amigo nor its affiliates
and related companies, and each of their respective directors, officers,
employees, consultants, shareholders and agents makes any representations
or warranties as to the accuracy, timeliness, reliability, truthfulness
or completeness of the Site or the content contained in or accessed through
the Site, including, but not limited to, the contents of any content,
information, material, or posting found on the Site (including, but not
limited to, any press releases or financial information), any products
and services provided through the Site, or any links to other sites made
available on the Site or the content contained on such site(s), or as
to the continuous or error free use and operation of the Internet or the
Site. Neither Amigo nor its affiliates and related companies, and each
of their respective directors, officers, employees, consultants, shareholders
or agents makes any representations or warranties that the Site or access
to and use of the Site will be uninterrupted, error free, or free from
defects, viruses or other harmful components. You expressly agree that
use of the Site is at your sole risk.
4.2 Information provided on the Site may contain references or cross references
to Amigo, its affiliates and related companies' products and services
that are not available in your local area and Amigo, its affiliates and
related companies makes no representations or warranties as to the availability
of such products and services in your local area and such references do
not imply that Amigo, its affiliates and related companies intend to provide
such products or services in your local area. Amigo recommends that you
consult with your nearest Amigo business office for information regarding
the Products and Services which may be available to you in your local
area. Web sites accessed via links or other means from the Site have,
unless otherwise indicated, been independently developed by third parties.
The inclusion of any information, material, content or links on the Site
should not be construed as an express or an implied endorsement of any
third party products or services.
4.3 Under no circumstances, including, but not limited to, negligence,
gross negligence, negligent misrepresentation and fundamental breach shall
Amigo or its affiliates and related companies, and each of their respective
directors, officers, employees, consultants, shareholders and agents be
liable for any direct, indirect, incidental, special or consequential
damages or any loss that result from the use of, or the inability to use,
any content, information, material, or postings on the Site, directly
or indirectly, or the transmission of confidential or sensitive information
over the Internet. These limitations apply regardless of whether the party
liable or allegedly liable was advised, had other reason to know, or in
fact knew of the possibility of such damages. You specifically acknowledge
and agree that neither Amigo nor its affiliates and related companies,
nor each of their respective directors, officers, employees, consultants,
shareholders and agents shall be liable for any defamatory, offensive
or illegal conduct of any user, including you.
5. Intellectual Property
The Site, the trade mark “Amigo Travel Card” and
certain related trademarks, trade names, slogans, logos, designs, and
domain names are the property of Amigo. The trade mark “Tran$card”
is used under license. It is the policy of the Amigo to respond expeditiously
to claims of intellectual property infringement. Amigo will promptly process
and investigate notices of alleged infringement and will take appropriate
actions in accordance with applicable intellectual property laws.
6. Indemnification
To the maximum extent permitted by applicable law, you will
defend, indemnify and hold harmless Amigo, its affiliates and related
companies, and each of their respective directors, officers, employees,
consultants, shareholders and agents from and against all claims, liability,
and expenses, including all legal fees and costs, arising out of: (i)
your breach of any provision of the Terms and Conditions or applicable
laws; or (ii) your use of the Amigo Card, the Site, the content contained
in the Site and the placement or transmission of any information or other
materials on the Site made by you or others using your account. You agree
to promptly notify Amigo immediately after you become aware of any unauthorized
use of your account and to take such reasonable steps as are necessary
to prevent any reoccurrence of such event. Amigo reserves the right, in
its sole discretion and at its own expense, to assume the exclusive defense
and control of any matter otherwise subject to indemnification by you.
You will co-operate as fully as reasonably required in the defense of
any claim.
7. Recourse
If you are dissatisfied with the Site or with the Terms
and Conditions, your sole and exclusive remedy is to discontinue using
the Site. In such an event, you agree to destroy all materials obtained
by you on the Site and any and all other site(s) and all copies thereof.
The Terms and Conditions shall survive any such termination.
8. Miscellaneous Terms
8.1 Any disputes arising hereunder shall be governed exclusively
by the laws of the Cayman Islands, without giving effect to their conflict
of laws principles. You expressly consent to the exclusive forum, jurisdiction,
and venue of the courts of the Cayman Islands, or any other judicial district
or jurisdiction as Amigo may determine in any and all actions, disputes,
or controversies relating hereto. The Terms and Conditions and any rules,
policies, guidelines or other agreements posted on the Site by Amigo constitute
the entire agreement between Amigo and you with respect to your use of
the Site. Notwithstanding the foregoing, any Products and Services which
you purchase through the Site shall be subject to all terms and conditions
relating to such purchase provided to you from time to time including,
without limitation, all terms and conditions posted on the Site and all
terms and conditions delivered to you (in any manner or form) in connection
with any Products and Services purchased. No waiver by either Amigo or
you of any breach or default hereunder shall be deemed to be a waiver
of any preceding or subsequent breach or default. If any provisions contained
herein shall be determined to be void, invalid, or otherwise enforceable
by a court of competent jurisdiction, such termination shall not affect
the remaining provisions contained herein.
8.2 You expressly acknowledge and agree that the Amigo may preserve all
information received by it from each Purchaser, user or visitor to the
Site, and or transactional data, including Data (collectively the “Site
Information”) and may also disclose Site Information if required
to do so by law or if such disclosure is necessary acting commercially
reasonably to:(a) comply with applicable laws; (b) enforce the Terms and
Conditions; or (c) protect the rights, interests, property, or safety
of Amigo, its clients and the public. You acknowledge and agree that the
processing and transmission of the Products and Services involves transmissions
over various networks not owned or controlled by Amigo. You further acknowledge
and agree that other data collected and maintained by Amigo with regard
to its clients, Purchasers or users may be disclosed in accordance with
these Terms and Conditions.
8.3 The parties have required that the Terms and Conditions and all documents
relating thereto be drawn up in English.
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