{"id":18480,"date":"2024-08-05T15:07:25","date_gmt":"2024-08-05T14:07:25","guid":{"rendered":"https:\/\/finseta.com\/terms-conditions\/"},"modified":"2026-01-06T12:04:57","modified_gmt":"2026-01-06T12:04:57","slug":"terms-conditions","status":"publish","type":"page","link":"https:\/\/finseta.com\/ca-en\/legal\/terms-conditions\/","title":{"rendered":"Terms Conditions"},"content":{"rendered":"\t\t
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Combined UK and CA Terms and Conditions\n<\/h2>\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t
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Section 1: Terms & Conditions - Canada<\/h2>\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t
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This document was last updated on 14th<\/sup> October 2024.<\/p>

These terms and conditions of business explain your responsibilities to us and our responsibilities to you, how and when our contract with you can be terminated and the extent of our liability to you.<\/p>

We therefore ask you please to read these terms and conditions carefully, as they will be incorporated into the contract which is formed between us where you instruct us to perform, and we agree to perform, for you any of our services. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS YOU MUST NOT ACCESS OR USE ANY OF OUR SERVICES.<\/strong><\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t

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1. Introduction<\/h2>\t\t\t\t<\/div>\n\t\t\t\t
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1.1. These Terms are between (the \u2018Client\u2019, \u2018you\u2019 or \u2018your\u2019) and Finseta Payment Corp. (\u2018Finseta, \u2018we\u2019, \u2018us\u2019 or \u2018our\u2019), a corporation incorporated under the laws of British Columbia holding an extra-provincial licence in the province of Ontario. Finseta is authorized by the Financial Transactions and Reports Analysis Centre of Canada (\u201cFINTRAC\u201d) under Canadian regulatory standards for Money Service Businesses (\u201cMSBs\u201d)\u00a0 for the issuing of electronic money.<\/p>

1.2. You wish to enter into a contract with Finseta for the purchase and redemption of electronic money (as defined below), the purchase, sale, and delivery of currency, and for payments. You agree with Finseta that all transactions shall be carried out on the terms and conditions set out below (the \u201cTerms<\/strong>\u201d). The Terms shall come into force as soon as you accept the Terms online and shall continue until terminated in accordance with Clause 29 (Changes to these Terms) and\/or Clause 30 (Termination).<\/p>

1.3. These terms contain four parts:<\/p>

  1. Part 1: <\/strong>Electronic Money Services (this Part applies to the provision by us of Electronic Money Services as defined below);<\/li>
  2. Part 2: <\/strong>Foreign Exchange Services (this Part applies to the provision of our forwards and spot contract business);<\/li>
  3. Part 3: <\/strong>Payment Services (this Part applies to the provision by us of Payment Services);<\/li>
  4. Part 4: <\/strong>General Provisions (this Part applies to all services offered by us to you)<\/li><\/ol>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t
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    Part One: Terms applying to Electronic Money Services<\/h2>\t\t\t\t<\/div>\n\t\t\t\t
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    2. Electronic Money Services<\/h2>\t\t\t\t<\/div>\n\t\t\t\t
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    2.1. Finseta may in its absolute discretion provide, or continue to provide \u201cElectronic Money Services\u201d to you. For the purposes of these Terms, \u201cElectronic Money Services\u201d involve the issuance and redemption of a monetary value that is stored electronically, hereinafter referred to as \u201cElectronic Money\u201d. This Electronic Money represents\u00a0 a claim against Finseta, which you can initiate through a specific instruction known as an \u201cElectronic Money Order.\u201d The transactions involving these instructions and the corresponding issuance or redemption of Electronic Money are collectively termed \u201cElectronic Money Contracts.\u201d<\/p>

    2.2. An Electronic Money Order and an Electronic Money Contract may consist of:<\/p>

    1. Top-Ups: The Client sends money to Finseta in exchange for which Finseta issues Electronic Money to the Client (\u201cTop-Up<\/strong>\u201d); or<\/li>
    2. Withdrawals: The Client redeems Electronic Money from their Electronic Money Account (as defined below) and Finseta sends the corresponding funds to the Client\u2019s bank account (\u201cWithdrawal\u201d).<\/li><\/ol>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t
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      3. Electronic Money Accounts<\/h2>\t\t\t\t<\/div>\n\t\t\t\t
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      3.1. When you have been issued Electronic Money by Finseta, it will be credited to and held in a virtual account (an \u201cElectronic Money Account<\/strong>\u201d). This Electronic Money Account will hold Electronic Money in the same currency as the funds that were initially provided to Finseta. You may maintain\u00a0 Electronic Money Accounts in multiple currencies; however, the range of available currencies may vary from time to time. You should contact Finseta if you would like an up-to-date list of the currencies currently supported.<\/p>

      3.2. You can view the balance of the Electronic Money you hold in each of your Electronic Money Accounts at any time by logging onto Finseta\u2019s online system, which can be accessed at www.Finseta.com<\/a> the \u201cOnline System<\/strong>\u201d).<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t

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      4. Top-Up your Electronic Money Account<\/h2>\t\t\t\t<\/div>\n\t\t\t\t
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      4.1. If Finseta accepts your Electronic Money Order for a Top-Up, you must transfer to\u00a0 Finseta the full amount via electronic transmission (or by such other means as agreed with Finseta in any particular case) into a bank account specifically designated by Finseta for this purpose (\u201cSegregated Bank Account<\/strong>\u201d). Upon receipt of the funds in cleared form, Finseta will credit the corresponding value of Electronic Money to your Finseta Electronic Money Account.<\/p>

      4.2. The details for the Segregated Bank Account to which funds should be sent will be set out on the Online System. Please take care to enter the correct bank account details when performing the bank transfer, to avoid misdirected funds. If funds are received in a currency different from that specified, Finseta will not be liable for any losses incurred due to currency conversion by our bank to match the designated account currency.<\/p>

      4.3. Finseta does not accept payments in physical cash (coins and banknotes) from any Client.<\/p>

      4.4. We may, at our reasonable discretion (for example, without limitation, to limit fraud or credit risk), impose limits on the amount of funds you can Top-Up through your Electronic Money Account.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t

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      5. Withdrawals<\/h2>\t\t\t\t<\/div>\n\t\t\t\t
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      5.1. You can initiate a Withdrawal of your Electronic Money by issuing an order to Finseta directing the conversion or transfer of your Electronic Money into physical currency or to a specified bank account (\u201cPayment Instruction\u201d)<\/strong>.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t

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      6. Terms of Finseta holding Electronic Money<\/h2>\t\t\t\t<\/div>\n\t\t\t\t
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      6.1. The way\u00a0 Finseta holds Electronic Money on your behalf differs significantly from traditional bank operations\u00a0 in that:<\/p>

      1. Finseta cannot and will not use the funds deposited as Electronic Money to invest or lend to other persons or entities;<\/li>
      2. the Electronic Money held in your Electronic Money Account will not accrue interest; and,<\/li>
      3. the Electronic Money held in your Electronic Money Account is not protected by the Canada Deposit Insurance Corporation (\u201cCDIC<\/strong>\u201d). Notwithstanding the foregoing, Finseta is required to comply with FINTRAC regulations to prevent and detect money laundering and terrorism financing, but these regulations do not provide financial protection for the funds themselves.<\/li><\/ol>
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        6.2. Finseta may retain your\u00a0 Electronic Money indefinitely. However, if any Electronic Money remains in your Electronic Money Account for more than two years without any activity, Finseta shall use reasonable efforts to contact you to arrange for redemption. If Finseta is unable to reach you, Finseta reserves the right to redeem the Electronic Money and return the corresponding funds, less any of its costs incurred to do so, to your last known bank account.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t

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        Part Two: Terms applying to Foreign Exchange Services<\/h2>\t\t\t\t<\/div>\n\t\t\t\t
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        7. Foreign Exchange Services<\/h2>\t\t\t\t<\/div>\n\t\t\t\t
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        7.1. <\/i>Finseta, at its absolute discretion, may provide, or continue to provide services that involve executing transactions for the sale, purchase, and delivery of currency. (\u201cForeign Exchange Services\u201d)<\/strong> to you. Foreign Exchange Services are formalized under agreements known as\u00a0 \u201cFX Contracts\u201d. An FX Contract is initiated by your submission of instructions through an \u201cFX Order\u201d and may include various transaction types such as spot contracts, fixed forward contracts, open forward contracts, rolls and draws. Further details on these types of transactions are available on the Finseta website.<\/p>

        7.2. Upon acceptance of an FX Order, Finseta shall issue a confirmation of the details of the FX Order (the \u201cTrade Confirmation\u201d<\/strong>). The Trade Confirmation shall include details of:<\/p>

        1. the FX Order and the applicable exchange rate;<\/li>
        2. the date for delivery of, or payment for the currency (the \u201cSettlement Date\u201d<\/strong> or \u201cValue Date\u201d<\/strong>);<\/li>
        3. any charges by <\/em>Finseta related to the FX Contract;<\/li>
        4. any charges by Finseta related to the Payment Service (as defined below);<\/li>
        5. in the case of an FX Contract which is not a spot contract, any requirements for a Margin Call (as defined below) are determined in Finseta\u2019s absolute discretion.<\/li><\/ol>
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          7.3. You are responsible for reviewing the Trade Confirmation, for any omissions and\/or errors immediately upon receipt. In the event of any discrepancies, you must provide immediate notice in writing to Finseta detailing the issue in accordance with Clause 25. Notwithstanding Clause 7.4, any FX Contract detailed in the Trade Confirmation is binding and all Terms t shall apply with full effect.<\/p>

          7.4. Finseta is not obligated to execute any FX Contract where it is reasonably determined in Finseta\u2019s absolute discretion that there is a Manifest Error in the purchase or sale price quoted in the Trade Confirmation. For the purposes of these Terms, a \u201cManifest Error\u201d means an obvious misquote of the purchase or sale price quoted to you, considering market conditions at the time the FX Order was made, based on the pricing sources Finseta relies on.<\/p>

          7.5. Once a Trade Confirmation is issued, you may only amend or cancel the Trade Confirmation if Finseta expressly agrees.\u00a0 Should cancellation or termination be necessary, and if it results in a loss, damage, or expense to Finseta, such costs will be charged to you along with a possible additional administration fee if a matching trade is deemed necessary.<\/p>

          7.6. Finseta retains the right in its absolute discretion to refuse any FX Order or instructions given by you without explanation or liability for any resulting loss you may suffer as a result of such refusal.<\/p>

          7.7. Finseta may require additional confirmation or information regarding any FX Order or instruction under certain conditions\u00a0 including, but not limited to:<\/p>

          1. if further confirmation is deemed necessary or if the instructions are unclear;<\/li>
          2. if there are doubts about the authenticity of the person issuing the FX Order or instruction;<\/li>
          3. if the instruction involves closing your Electronic Money Account or remitting funds to a third party.<\/li><\/ol>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t
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            8. Commercial Purposes<\/h2>\t\t\t\t<\/div>\n\t\t\t\t
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            8.1. Foreign Exchange Services provided by Finseta are exclusively for facilitating the sale, purchase, and physical delivery of foreign currencies. These services are intended for use in connection with trade or business activities or for other commercial purposes. They are not designed for investment purposes, ensuring compliance with applicable financial regulations.<\/p>

            8.2. By engaging in transactions through Finseta\u2019s Foreign Exchange Services, you hereby warrant that you are acting on your own behalf and not for any third party. Furthermore, you represent that these transactions are for commercial purposes (if engaged as a business) and private purposes (if engaged as an individual client) and, as such, do not constitute ‘futures contracts’ as defined under any applicable Canadian securities or commodities legislation.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t

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            9. No Reliance<\/h2>\t\t\t\t<\/div>\n\t\t\t\t
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            9.1. While Finseta may provide information about foreign exchange markets from time to time, it is important to note that such information does not constitute advice regarding taxation, investment products, markets, or the merits of any currency transaction. You acknowledge and accept that any information provided by Finseta is for general informational purposes only and does not form part of the services. It is not intended to amount to advice on which you should rely. You must obtain more specific or professional advice before taking, or refraining from, any action or inaction on the basis of the content on our site.<\/p>

            9.2. Although we make reasonable efforts to update any information provided in Clause 9.1, we make no representations, warranties, or guarantees, whether express or implied, that the content is accurate, complete, or up to date. Your use of the information is at your own risk and neither Finseta nor its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors have any responsibility or liability whatsoever for your use of such information.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t

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            10. Funding your FX Contracts<\/h2>\t\t\t\t<\/div>\n\t\t\t\t
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            10.1. When entering into an FX Contract, you must ensure that sufficient funds are available. You must deposit the necessary amount of\u00a0 Electronic Money, in the currency specified in the Trade Confirmation, into the bank account designated by Finseta for this purpose. Funds must be provided in cleared funds and according to the terms agreed upon with Finseta for each transaction.<\/p>

            10.2. Failure by the Client to provide the correct amount or currency of Electronic Money required for the FX Contract shall relieve Finseta of any obligation to redeem the Electronic Money or to make a corresponding payment under the relevant FX Contract.<\/p>

            10.3. The details of the Segregated Bank Account to which funds should be sent are set out on the Online System. Please take care to enter the correct bank account details when performing the bank transfer, to avoid misdirected funds. If funds are received in a currency different from that specified, Finseta will not be liable for any losses incurred due to currency conversion by our bank to match the designated account currency.<\/p>

            10.4. Finseta only accepts electronic transfers of funds for the settlement of FX Contracts. We do not accept payments in physical cash (coins and banknotes), cheques, bank drafts or any other items of value for the settlement of deals, such as gold, Bitcoins, letters of credit, or promissory notes.<\/p>

            10.5. We may, at our reasonable discretion (for example, without limitation, to limit fraud or credit risk), impose limits on the amount of funds you can receive through your Electronic Money Account.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t

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            11. Redemption of Electronic Money to fulfil FX Contracts and Deductions<\/h2>\t\t\t\t<\/div>\n\t\t\t\t
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            11.1. After you and Finseta have entered into an FX Contract, Finseta shall redeem the Electronic Money and use the corresponding funds to cover any payment owed to Finseta under the FX Contract including, without limitation, any Initial Margin or Margin Call (as defined below) requirements as specified in the FX Contract.<\/p>

            11.2. Prior to executing an FX Contract, Finseta will deduct from the funds any applicable costs and charges as outlined in these Terms. This may include any advance or installment payments, transfer charges, profits from trades, and accrued interest.<\/p>

            11.3. You are solely responsible for ensuring that, after the deductions referred to in Clauses 11.1 and 11.2 and once the agreed exchange rate in the Trade Confirmation is applied, the remaining funds are sufficient to meet any onward payment obligations that Client has to the relevant payee.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t

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            12. Foreign Exchange Charges<\/h2>\t\t\t\t<\/div>\n\t\t\t\t
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            12.1.\u00a0Finseta\u2019s charges in relation to Foreign Exchange Services will be as set out in the Trade Confirmation. The Client understands that because Finseta operates as principal in these transactions, the exchange rate it offers to you may not be the same as the rate Finseta secures itself. This reflects the costs associated with providing these services, including risk management and overheads.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t

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            13. Additional Conditions for Forwards FX Contracts<\/h2>\t\t\t\t<\/div>\n\t\t\t\t
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            13.1.\u00a0This Clause 13 applies in respect of any forward FX Contract, meaning an FX Contract under which currency is bought and sold for delivery at a future time.<\/p>

            13.2. Upon entering a forward FX Contract, Finseta will require the Client to provide an initial margin (\u201cMargin<\/strong>\u201d).In response to exchange rate fluctuations, Finseta reserves the right to request additional Margins from the Client at any time before the Settlement Date, known as a “Margin Call”.<\/strong> The Client agrees that it is its responsibility to ensure that it is contactable and has provided accurate and sufficient contact details for such communications. If Finseta is unable to contact the Client by the end of the day in which a Margin Call is made, Finseta will be entitled to terminate the FX Contract in accordance with Clause 14.<\/p>

            Electronic Money held by the Client may be redeemed to meet Margin Call requirements.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t

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            14. Default Refusal to Perform FX Contracts<\/h2>\t\t\t\t<\/div>\n\t\t\t\t
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            14.1. Finseta may, without any liability for losses incurred by the Client and without prior notice, refuse to perform or close out all or any part of any FX Contract, under the following conditions:<\/p>

            1. The Client fails to provide the correct amount of Electronic Money in the required currency at the stipulated time;<\/li>
            2. The Client is<\/em> unable to make any required payments under these Terms;<\/li>
            3. The Client materially breaches any term of these Terms or FX Contract;<\/li>
            4. The Client faces bankruptcy, enters into any insolvency proceeding, or is unable to pay its debts;<\/li>
            5. Any representations or information provided by the Client prove to be materially inaccurate or changed significantly<\/li>
            6. Legal, regulatory, or other requirements make it unlawful, improper, or impractical for Finseta to fulfill all or any of its obligations under these Terms or otherwise to carry on its business.<\/li>
            7. Any governmental or regulatory body requests that Finseta or the Client is not to perform or to close out an FX Contract (or any part thereof), irrespective of the legality of such request.<\/li>
            8. Finseta considers it necessary to do so for its own protection including, without limitation, in the following circumstances: (i) protection from fraud or money laundering; (ii) protection from Client default;(iii) protection from market failure; (iv) protection from adverse or volatile market conditions; and (v) protection from potential financial loss by Finseta.<\/li><\/ol>
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              14.2. Should any of the events referred to in Clause 14.1 take place, Finseta is entitled,\u00a0 at its absolute discretion, to cancel any FX Contract then outstanding and recover all related costs, expenses, losses, interest at the rate referred to in Clause 27 on any such sums, including potential costs from unwinding any related hedging arrangements that Finseta may incur as a result of such cancellation. Any remaining funds held by Finseta in respect of the FX Contracts after covering the aforementioned costs shall be returned to the Client.<\/p>

              14.3. If, for any reason, an FX Contract is terminated early or fails to be completed for any reason, Finseta will either return any remaining funds owed to the Client or issue a notice setting out any outstanding debts owed from the Client (as appropriate). The Client shall be fully responsible for all related losses and expenses incurred by Finseta that may arise on account of such termination or cancellation, and Finseta shall have the right to use any monies of the Client held by it to offset such amounts. For such purpose, Finseta shall be entitled to convert any currency held by it and such conversion shall be at the rate of exchange available to it. Any conversion fees or charges that Finseta incurs as a result of such conversion shall be borne by the Client.<\/p>

              14.4. If a Client\u2019s method of payment is dishonoured, returned, not met on first presentation, or failed for whatever reason, Finseta shall impose an administrative charge. This administrative charge will become payable by the Client in addition to any other sums due under these Terms.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t

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              15. Limitation of Liability and Indemnity<\/h2>\t\t\t\t<\/div>\n\t\t\t\t
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              15.1. In addition to the terms set forth in Clause 21,, Finseta shall not be liable to the Client for:<\/p>

              1. any delays or failures to perform its obligations under these Terms, relating to Foreign Exchange Services or any FX Contract, due to causes beyond the reasonable control of Finseta, although Finseta shall endeavour to perform those obligations as soon as reasonably possible<\/li>
              2. losses resulting from the determination of a Manifest Error by Finseta;<\/li>
              3. actions based on any <\/em>FX Order that reasonably appeared to Finseta to be from the Client or an authorized person;<\/li>
              4. any consequential or indirect losses, including but not limited to loss of profits, loss of contract, or missed opportunity, incurred by the Client as a result of Finseta\u2019s failure to perform its duties under an FX Contract; or<\/li>
              5. any amount greater than the maximum liability stated in Clauses 15.2 and 15.3.<\/li><\/ol>
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                15.2. Without prejudice to the limitations stated in Clause 15.1, Finseta shall not be liable in any way for any delay in payment by it under these Terms relating to the Foreign Exchange Services caused by the Client or any other third party. This includes but is not limited to bank delay, postal delay, payment network delay, the failure or delay of any fax or electronic transmission, or delay caused by accident, emergency, or acts of god. For the avoidance of doubt, the Client accepts that they are solely responsible for ensuring that all payments required under any FX Contract are made promptly and within the time limits specified by the particular FX Contract and these Terms.<\/p>

                15.3. The maximum aggregate liability of Finseta to a Client concerning the provision of Foreign Exchange Services under these Terms, whether arising in contract, tort, or otherwise, shall in no circumstances exceed the total value of currency sold by Finseta to the Client under FX Contracts, calculated in Canadian dollars at the settlement date of each FX Contract, after deducting any amounts previously settled. This aggregate cap includes all forms of damages and claims during the contract period,<\/p>

                15.4. The Client will, on demand by Finseta, defend, indemnify, and hold harmless Finseta from and against all losses, liabilities, claims, proceedings, expenses, damages, and costs (including reasonable legal costs) of any nature incurred or suffered by Finseta as a result of any breach of these Terms by the Client, or arising from the Client’s actions, omissions, or misrepresentations. This indemnity will cover all costs associated with the enforcement of this clause, as well as expenses incurred by Finseta in mitigating risks caused directly or indirectly by the Client\u2019s contractual breaches. The obligation to indemnify will survive the termination or expiry of these Terms and continue in full force and effect.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t

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                Part Three: Terms Applying to Payment Services<\/h2>\t\t\t\t<\/div>\n\t\t\t\t
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                16. Payment Services<\/h2>\t\t\t\t<\/div>\n\t\t\t\t
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                16.1. You or your authorized person may provide a Payment Instruction to Finseta in accordance with Clause 25. Such Payment Instruction must confirm the details of the proposed payee including its full name, account details for payment, and any unique identifier confirmed to the Client by the payee.<\/p>

                16.2. We are under no obligation to verify the accuracy of the unique identifier given to us by you. If the unique identifier is incorrect, Finseta shall not be liable for the non-execution or incorrect execution of the payment order under Clause 23. We shall, however, make reasonable efforts to recover the funds involved in the misdirected payment transaction, and may charge you a fee for this service.<\/p>

                \u00a0<\/p>

                16.3. The Payment Instruction shall be deemed to be received at the time at which it is actually received by Finseta except that:<\/p>

                1. where the Payment Instruction is deemed to be received on a day which is not a business day or is received after 00 pm, EST on a business day, Finseta has the right to treat the Payment Instruction as having been received on the next business day.<\/li><\/ol>

                  16.4. Following receipt of a Payment Instruction, Finseta reserves the right to:<\/p>

                  1. refuse that Payment Instruction. Should this occur, Finseta shall, where legally permissible, notify the Client of the refusal, the reasons for it (if possible), and the procedure for rectifying any factual errors that lead to that refusal. Such notification shall be given to the Client as soon as reasonably practicable following the refusal, and a fee may be charged by Finseta where the refusal is reasonably justified based on the provided reasons. A Payment Instruction which is refused by Finseta shall be deemed not to have been received for the purposes of Clause 16.3; and\/or<\/li>
                  2. request further confirmation or information regarding any Payment Instruction, including if Finseta deems it necessary or if a Payment Instruction is ambiguous.<\/li><\/ol>

                    16.5. Once issued and processed, a Payment Instruction is considered final and irrevocable.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t

                    \n\t\t\t\t\t

                    17. Charges<\/h2>\t\t\t\t<\/div>\n\t\t\t\t
                    \n\t\t\t\t\t\t\t\t\t

                    17.1.\u00a0You may incur the following charges for administrative tasks and\/or the transfer of funds, payable in advance:<\/p>

                    1. Roll Forward – $20 CAD per roll. This is payable when you request to extend the settlement date of a forward contract.<\/li>
                    2. Payment recall – $20 CAD per recall. This is payable when you request the recall of a payment.<\/li>
                    3. Additional International Payment – $20 CAD per payment. This charge applies when an FX Contract involves more than one international payment.<\/li><\/ol>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t
                      \n\t\t\t\t\t

                      19. Consent<\/h2>\t\t\t\t<\/div>\n\t\t\t\t
                      \n\t\t\t\t\t\t\t\t\t

                      19.1. A payment transaction will be considered authorized if you have given your explicit consent to the execution of the payment transaction.<\/p>

                      19.2. For individual transactions, consent may be given by you through the online system, by email, or by phone.<\/p>

                      19.3. Where no such consent has been given (or where consent has been withdrawn in accordance with these Terms), the payment transaction will be considered unauthorized.<\/p>

                      19.4. If a payment transaction is refused, we shall make reasonable efforts to inform you promptly within the limits of applicable laws and where permissible. If appropriate, we will also provide an explanation for the refusal and details on the procedure for correcting any factual errors that led to the refusal.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t

                      \n\t\t\t\t\t

                      20. Correcting Unauthorised or Incorrectly Executed Payment Transactions<\/h2>\t\t\t\t<\/div>\n\t\t\t\t
                      \n\t\t\t\t\t\t\t\t\t

                      20.1. If you detect an unauthorized or incorrectly executed payment transaction has been carried out, you must notify us without undue delay and, at the latest, within thirteen months of the debit date. Such notification should be made in accordance with Clause 25 of these Terms. Failure to notify us within this timeframe may result in the loss of your rights to have the error corrected.<\/p>

                      20.2. You are responsible for\u00a0 all losses resulting from\u00a0 unauthorized payment transactions if those losses result from fraudulent actions or gross negligence on your part or from your failure to fulfill your security obligations, including the secure management of any passwords or other security devices\u00a0 (\u201cSecurity Instrument<\/strong>\u201d) in accordance with the terms governing their use<\/p>

                      20.3. If, in accordance with Clause 20.1, you notify us of an unauthorized payment transaction we will refund the amount of the unauthorized payment transaction by the end of the next business day.<\/p>

                      20.4. If, in accordance with Clause 20.1, you notify us of an incorrectly executed payment transaction we will promptly investigate the claim. If verified, we will refund the amount of the non-executed or defectively executed payment transaction as soon as possible.<\/p>

                      20.5. If there is reasonable evidence of fraudulent activity or a deliberate or grossly negligent breach of security obligations related to the Security Instrument by you, we reserve the right to delay the refund pending an investigation. If our investigation justifies such action, and after informing you of our findings, we reserve the right to reverse any previously made refunds.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t

                      \n\t\t\t\t\t

                      21. Your Liability for Unauthorised Payment Transactions<\/h2>\t\t\t\t<\/div>\n\t\t\t\t
                      \n\t\t\t\t\t\t\t\t\t

                      21.1. If you fail to keep your personal security features, such as any PIN or password, safe and this results in loss, theft, or misappropriation of your Security Instruments, your liability for any unauthorized payment transactions will be limited to $50 CAD\u00a0 per each instance of loss, theft or misappropriation (not per payment transaction). You will not be liable for any losses:<\/p>

                      1. arising after you have notified us that the Security Instrument or your access details to any Security Instrument have been compromised, in accordance with Clause 24;<\/li>
                      2. if we have failed to provide a means for you to notify as required in Clause 24 (subject to the force majeure provisions in Clause 28);<\/li>
                      3. if we have failed to authenticate any of your payment transactions in accordance with our obligations under applicable Canadian payment transaction regulations; or<\/li>
                      4. where the Security Instrument was used in connection with certain distance contracts, as defined under applicable Canadian consumer protection legislation, except where prohibited by law.<\/li><\/ol>

                        21.2. Where any unauthorized payment transaction results from your fraudulent actions, or if you intentionally or through gross negligence fail to comply with the obligations to safeguard your Security Instruments in Clause 24, you will be liable for all resulting losses including losses incurred by Finseta.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t

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                        22. Execution of Payment Orders \u2013 Time Limits and Value Dates<\/h2>\t\t\t\t<\/div>\n\t\t\t\t
                        \n\t\t\t\t\t\t\t\t\t

                        22.1. When you make a payment from your Electronic Money Account in Canadian dollars to a payee within Canada, we will execute the payment transaction on the same business day if the order is received before 12:00 PM. If received after 12:00 PM or on a non-business day, it will be executed on the following business day. We shall use reasonable efforts to ensure that the payment amount reaches the payee’s bank no later than the following business day.:<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t

                        \n\t\t\t\t\t

                        23. Incorrect or Non-Execution of Payment Orders<\/h2>\t\t\t\t<\/div>\n\t\t\t\t
                        \n\t\t\t\t\t\t\t\t\t

                        23.1. This Clause 23 is subject to the provisions in Clause 16, which detail the use and requirements of unique identifiers in processing payment orders.<\/p>

                        23.2. We will be liable to you for any authorized payment order that is incorrectly executed or not executed, unless:<\/p>

                        1. for payments where you are the payor, the payee\u2019s payment service provider receives the amount on time.<\/li>
                        2. the failure to execute or incorrect execution was due to force majeure, as described in Clause 28.<\/li>
                        3. e<\/em>xecuting the payment order as instructed would have resulted in a breach of applicable law or regulations.<\/li><\/ol>
                          \u00a0<\/div>

                          23.3 If we are found liable for the incorrect or non-execution of a payment order under Clause 23.2, we will refund the amount of the Payment Transaction to you without undue delay. Additionally, we will compensate you for any related charges and interest you incur due to this error.<\/p>

                          23.4. Where you request us to do so, we will make reasonable efforts to trace any incorrect payments made by us and attempt recovery on your behalf.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t

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                          24. Security Instrument Details \u2013 Your Obligations<\/h2>\t\t\t\t<\/div>\n\t\t\t\t
                          \n\t\t\t\t\t\t\t\t\t

                          24.1. You are required to take all reasonable precautions to prevent fraudulent or unauthorized use of payment services. Specifically, you and each of your authorized persons must:<\/p>

                          1. take all reasonable steps to ensure that the Online System is kept safe, including to:
                            1. ensure that all Security Instruments (such as PINs or passwords) are kept confidential and not shared with anyone.<\/em><\/li>
                            2. notify Finseta immediately using the contact details set out in Clause 25 if you suspect or become aware of any security breach, including knowledge of your Security Instruments by others or potential exposure to malware.<\/li>
                            3. logoff and secure all devices used to access the Online System whenever it is left unattended;<\/li>
                            4. ensure that that Security Instruments are not stored by the browser, cached, or otherwise recorded by the computer or other device used to gain access to the Online System;<\/li>
                            5. use recognized anti-virus software on devices used to gain access to the Online System and keep such software up-to-date;<\/li>
                            6. Secure and regularly monitor communication channels, such as email and mobile phones, used for receiving security alerts or resetting Security Instruments.<\/li><\/ol><\/li>
                            7. take all reasonable steps to keep safe any drafts and other documentary payment methods you receive. This includes securely storing such documents and ensuring they are not accessible to unauthorized persons.;<\/li>
                            8. use the payment services in accordance with the terms and conditions set forth in these Terms and on Finseta\u2019s website. In the event of any conflict between these Terms and information on Finseta\u2019s website, these Terms shall prevail.<\/li>
                            9. notify Finseta without undue delay upon becoming aware of the loss, theft, misappropriation or unauthorized use of any Security Instrument, or if you suspect any misappropriation of the Online System, with such notification complying with the procedures outlined in Clause 25;<\/li>
                            10. notify Finseta without undue delay if you become aware of any other unauthorized use of the payment service, with such notification complying with the procedures outlined in Clause 25;<\/li>
                            11. ensure that the e-mail account and any other communication channels used for interacting with Finseta are secure, especially if they are used to reset Security Instruments, or receive sensitive payment information. This includes using strong passwords, enabling two-factor authentication, and regularly updating security settings.<\/em><\/li><\/ol>
                              \u00a0<\/i><\/div>

                              24.2. Finseta reserves the right to temporarily stop or suspend any onward payment (in whole or in part) and\/or the Client\u2019s use of the payment services and the Online System,\u00a0 including all Security Instruments if it has reasonable grounds for doing so relating to:<\/p>

                              1. the security of the Online System, the payment service, or an onward payment; and\/or<\/li>
                              2. the suspected unauthorized or fraudulent use of the Online System, the Security Instrument, or an onward payment.<\/li><\/ol>
                                \u00a0<\/div>

                                24.3. Unless it would compromise reasonable security measures or be unlawful, Finseta will inform the Client of any suspension of onward payments or payment services\u2014either before or immediately after such action. The reasons for the suspension will be provided promptly. Once the reasons for the suspension no longer exist, Finseta will resume the affected payment services or process the onward payments without unnecessary delay.<\/p>

                                24.4. Finseta may restrict the Client’s ability to use third-party account information or payment initiation services if there are justified and evidenced concerns about unauthorized or fraudulent access to the Client\u2019s electronic money information. Unless such notification would compromise security or contravene legal regulations, Finseta will notify the Client as soon as practicable using an appropriate communication method.<\/p>

                                24.5. In the event of suspected or actual security threats or fraud, Finseta shall contact the Client either:<\/p>

                                1. via email to the email account it holds on record as belonging to the Client; and\/or<\/li>
                                2. via the Online System if the Client has registered for same.<\/li><\/ol>
                                  \u00a0<\/div>

                                  24.6. If the Client believes that a Payment Instruction has been given, or an onward payment made, in error and\/or was unauthorized by it, the Client must notify Finseta as soon as possible via the helpline or e-mail address listed in Clause 25. Failure to notify Finseta immediately on becoming aware of within the relevant timescale set out under these terms could result in the Client losing its entitlement to have the matter corrected.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t

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                                  \n\t\t\t
                                  <\/div>\n\t\t<\/div>\n\t\t\t\t\t\t<\/div>\n\t\t\t\t
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                                  Part Four: General Provisions<\/h2>\t\t\t\t<\/div>\n\t\t\t\t
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                                  \n\t\t\t
                                  <\/div>\n\t\t<\/div>\n\t\t\t\t\t\t<\/div>\n\t\t\t\t
                                  \n\t\t\t\t\t

                                  25. Instructions and Communications (security verification of emails, security check on phone instructions)<\/h2>\t\t\t\t<\/div>\n\t\t\t\t
                                  \n\t\t\t\t\t\t\t\t\t

                                  25.1.\u00a0You may provide instructions (including Electronic Money Orders, FX Orders, and Payment Instructions) and other communications to Finseta through:<\/p>

                                  1. telephone, after undergoing our standard security verification process;<\/li>
                                  2. email, using encryption to communicate with the designated account manager; or,<\/li>
                                  3. the secure Online System in accordance with Clause 36.<\/li><\/ol>
                                    \u00a0<\/div>

                                    Notwithstanding anything to the foregoing, for instructions that are required to be “in writing,” they must be provided either by secure email or via the Online System, where available.<\/p>

                                    25.2. You may authorize another named person to give Electronic Money Orders, FX Orders, and\/or Payment Instructions to Finseta on your behalf by providing written instructions to Finseta in accordance with Clause 25.<\/p>

                                    25.3. Finseta is entitled (though not obliged) to act upon instructions that reasonably appear to originate from you or any authorized person. In particular, an Electronic Money Order received from an email address or telephone number, set out by you in our account opening form or otherwise used by you or an authorized person to communicate with Finseta, shall be considered sufficient to authenticate an Electronic Money Order as originating from you and will be deemed authorized under these Terms. Furthermore, Finseta is entitled to act upon orders and instructions received through any communication channels previously used by you or an Authorized Person.<\/p>

                                    \u00a0<\/p>

                                    25.4. Finseta may contact you or your authorized person by telephone or by email using contact details provided by you in the account opening form or, where made available to you, by the Online System. It shall be your responsibility to inform Finseta of any changes to your or your authorized person\u2019s contact details.<\/p>

                                    25.5. All communications between you and Finseta (including information and notifications that Finseta is required to provide to the Client in relation to the Payment Services) shall be in English.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t

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                                    26. Safeguarding of Client Funds<\/h2>\t\t\t\t<\/div>\n\t\t\t\t
                                    \n\t\t\t\t\t\t\t\t\t

                                    26.1. Funds received for the purpose of issuing Electronic money will be held in one or more Segregated Bank Accounts.<\/p>

                                    26.2. When Finseta receives funds directly from the Client, or redeems the Client\u2019s Electronic Money, these funds will be held in a dedicated transaction account until used under an FX Contract or to fulfill a security payment or margin call. This account will be managed separately from both Finseta\u2019s operational and Segregated Bank Accounts to ensure transparency and integrity in handling client funds.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t

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                                    27. Interest<\/h2>\t\t\t\t<\/div>\n\t\t\t\t
                                    \n\t\t\t\t\t\t\t\t\t

                                    27.1. If the Client fails to make a required payment under these Terms, interest will be charged at a rate of five percent per annum above the Bank of Canada’s overnight rate. Interest will accrue daily from the due date until paid in full and will be compounded monthly, but not exceeding the maximum rate permitted under Canadian law.<\/p>

                                    27.2. Finseta may accrue and apply any interest earned on sums held in the Segregated Bank Accounts and transaction accounts for operational purposes, in accordance with the terms disclosed to the Client and consistent with Canadian financial regulations, ensuring that all practices are within the legal maximums allowed.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t

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                                    28. Force Majeure<\/h2>\t\t\t\t<\/div>\n\t\t\t\t
                                    \n\t\t\t\t\t\t\t\t\t

                                    28.1. Finseta shall not be deemed to be in breach of these Terms nor liable for any failure or delay in performance of its obligations herein, attributable to any of the following:<\/p>

                                    1. natural disasters such as floods, earthquakes, hurricanes, or other severe weather conditions;<\/li>
                                    2. disruptions or failures of information technology systems, cybersecurity breaches, loss of data due to malware attacks, or unforeseen outages of critical infrastructure;<\/li>
                                    3. financial market disruptions, monetary crises, the imposition of new economic sanctions, sudden regulatory changes affecting foreign exchange operations, or banking lockdowns;<\/li>
                                    4. wars, acts of terrorism, political unrest, significant legislative changes affecting financial services, unexpected regulatory or compliance requirements, or government-imposed restrictions on financial transactions;<\/li>
                                    5. events such as widespread health emergencies that impact staffing, critical operations, or the economy at large;<\/li>
                                    6. compliance with national, provincial, or international law or regulations, including but not limited to, anti-money laundering legislation, that prevents or delays Finseta from fulfilling its obligations under these Terms.<\/em><\/li><\/ol>

                                      (collectively a \u201cForce Majeure Event<\/strong>\u201d).<\/p>

                                      28.2. Finseta shall notify you of the occurrence of a Force Majeure Event as soon as is reasonably practicable following such occurrence.<\/p>

                                      28.3. Should a Force Majeure Event persist for fourteen (14) consecutive days, Finseta may, at its discretion, opt to suspend or modify the affected services or obligations. If the event continues for twenty-eight (28) consecutive days, Finseta is entitled to terminate the affected contracts. Upon such termination, Finseta will refund any payments made under those contracts for services not rendered or obligations unmet due to the force majeure event. Clients are not entitled to any further compensation, and this refund will constitute full settlement of any claims related to the affected services or obligations during the force majeure period.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t

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                                      29. Changes to These Terms<\/h2>\t\t\t\t<\/div>\n\t\t\t\t
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                                      29.1.\u00a0Finseta may amend these Terms insofar as they relate to Foreign Exchange Services by providing written notice in accordance with Clause 25. Any amendments will take effect from the date specified by Finseta and will not retrospectively affect rights or obligations that have already arisen.<\/p>

                                      29.2. Subject to Clause 29.3, Finseta may amend these Terms insofar as they relate to Payment Services by giving at least two months\u2019 notice in writing to the Client during which the Client may terminate their agreement without charge if they do not accept the changes. Amendments will take effect only after this period and will not be applied retrospectively.<\/p>

                                      29.3. Finseta does not need to provide any notice to you for changes to these Terms related to Payment Services when:<\/p>

                                      1. the changes are more favourable to you. Such beneficial changes may include reductions in fees, improvements in service terms, increased security measures; or,<\/li>
                                      2. there is a change to the standard interest rate as set forth in Clause 27.1. These changes can be applied immediately without prior notice.\u00a0<\/li><\/ol>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t
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                                        30. Termination<\/h2>\t\t\t\t<\/div>\n\t\t\t\t
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                                        30.1.\u00a0Termination for Convenience. The Client shall be entitled to terminate these Terms forthwith by providing written notice to Finseta subject to Clause 30.4. Finseta shall be entitled to terminate these Terms by giving the Client two months\u2019 written notice.<\/p>

                                        30.2. Termination for Cause. Finseta may immediately suspend services and\/or terminate these Terms at any time without prior notice under the following conditions:<\/p>

                                        1. receipt of a formal warning from financial regulators or law enforcement indicating misconduct by the Client;<\/li>
                                        2. direct orders or requests from any governmental, regulatory, or judicial authority to suspend or terminate the services provided to the Client;<\/li>
                                        3. requests from our banking partners due to compliance issues identified with the Clients;<\/li>
                                        4. evidence or strong suspicion of the Client engaging in illegal activities such as fraud, money laundering, or financing of terrorism; or<\/li>
                                        5. situations where continuing the relationship with the Client would likely cause Finseta to breach its internal risk policies or legal obligations.<\/li><\/ol>
                                          \u00a0<\/div>

                                          30.3. Upon termination or expiry of these Terms, neither party shall have any further obligation to the other. Notwithstanding the foregoing, all obligations up to the point of termination will remain in effect, including the settlement of any outstanding foreign currency transactions. Each party will fulfill any remaining contractual obligations accrued prior to termination<\/p>

                                          30.4. For the avoidance of doubt, the termination of these Terms by the Client pursuant to Clause 30.1 or Clause 30.2 shall not affect any FX Contract or transactions initiated prior to the termination date. All such contracts will be honoured to their completion, and any converted currency transfers to a payee post-termination will be governed by the terms agreed upon by Finweta and the Client at the time of transaction initiation.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t

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                                          31. Disputes and Complaints<\/h2>\t\t\t\t<\/div>\n\t\t\t\t
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                                          31.1.\u00a0If you are dissatisfied with any aspect of the services provided by Finseta, you are encouraged to inform us. Please submit your complaint in writing directly to our Compliance Department via email, postal mail, or through the Online System, as detailed in Clause 25. Finseta commits to reviewing each complaint carefully and will endeavour to respond within fourteen business days.<\/span><\/p>

                                          31.2. Should a complaint relate to the provision of payment services or the issuance or redemption of Electronic Money and you are not satisfied with Finseta\u2019s resolution, you may be entitled to refer the matter to a relevant Canadian dispute resolution service.<\/p>

                                          For disputes seeking a resolution such as compensation or specific corrections, you may contact the Ombudsman for Banking Services and Investments (\u201cOBSI\u201d), which offers an out-of-court mechanism to resolve such disputes. Information on how to contact OBSI and the process for filing a complaint can be found on their official website: https:\/\/www.obsi.ca\/en\/index.aspx<\/a><\/p>

                                          If your complaint involves concerns about regulatory compliance or you believe there has been a violation of your consumer rights under Canadian financial regulations, the Financial Consumer Agency of Canada (FCAC) may be contacted. The FCAC provides guidance on consumer rights and obligations and oversees the compliance of financial institutions with federal consumer protection laws. More information about how to report a concern to the FCAC can be found on their website: https:\/\/www.canada.ca\/en\/financial-consumer-agency.html<\/a><\/p>

                                          31.3. If a dispute arises concerning the existence or terms of any FX Contract (a \u201cDisputed FX Contract\u201d), Finseta reserves the right to take reasonable actions deemed appropriate, including closing out or suspending the performance of the Disputed FX Contract, pending resolution of the dispute. While Finseta will make every effort to notify you of any such actions taken as soon as practically possible, failure to notify will not affect the validity of our actions. We encourage you to engage with us directly to resolve such disputes, with mediation as a potential first step before escalation.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t

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                                          32. Client\u2019s Representations and Undertakings<\/h2>\t\t\t\t<\/div>\n\t\t\t\t
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                                          32.1. You represent to Finseta that:<\/p>

                                          1. you are acting as principal for your own account at all relevant times including the acceptance of these Terms, making of each Electronic Money Order, FX Order, and Payment Instruction, the entering into and carrying out of each Electronic Money Contract and FX Contract, and each onward payment.<\/li>
                                          2. you possess all necessary legal rights and authority to enter into and perform under these Terms and each transaction contemplated herein, having taken all necessary corporate or personal actions to lawfully authorize such activity.;<\/li>
                                          3. for entities, the person(s) entering into these Terms and executing the related documents including the account opening form on its behalf, has been duly authorized to do so;<\/li>
                                          4. these Terms are legally binding upon the Client and enforceable against the Client (subject to applicable bankruptcy, reorganization, insolvency, moratorium, or similar laws affecting creditors\u2019 rights generally and applicable principles of equity);<\/li>
                                          5. all funds paid to Finseta by you under these Terms are your property free of any lien, claim, or encumbrance.<\/li>
                                          6. all information supplied to Finseta by you is current, complete, and accurate;<\/li>
                                          7. our transactions under each FX Contract are for legitimate purposes and not for speculative or investment reasons;<\/em><\/li>
                                          8. you will take physical delivery of the currency purchased under each FX Contract.<\/li><\/ol>
                                            \u00a0<\/div>

                                            32.2. You will promptly provide to Finseta:<\/p>

                                            1. any required information about your financial status, business activities, or identity that FIN may reasonably request to fulfill its regulatory and anti-money laundering obligations; and<\/li>
                                            2. immediate written updates regarding changes to your contact information, including phone numbers and email, and postal addresses.<\/li><\/ol>
                                              \u00a0<\/div>

                                              32.3. For the avoidance of doubt, you will notify Finseta immediately if any events that could affect the execution of obligations under these Terms, as detailed in Clause 14.1, become likely to occur or have occurred.<\/p>

                                              32.4. You undertake to fulfill all obligations under these Terms, each FX Contract, and each Payment Instruction promptly and within the time frames set forth in these Terms.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t

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                                              33. Recording Telephone Conversations<\/h2>\t\t\t\t<\/div>\n\t\t\t\t
                                              \n\t\t\t\t\t\t\t\t\t

                                              33.1.\u00a0Finseta may record telephone conversations with you, including recording any oral instructions provided by telephone. All recordings will be conducted in compliance with Finseta\u2019s Privacy Policy and applicable Canadian privacy laws, including the Personal Information Protection and Electronic Documents Act (\u201cPIPEDA\u201d). Both parties consent to:<\/p>

                                              1. the electronic recording of all telephone conversations between the parties, with or without a tone to indicate recording is in progress. This is done to ensure the accuracy of records and accountability in transactions; and,<\/li>
                                              2. the use of such recordings by either party as evidence in any legal proceedings, disputes, or anticipated disputes between the parties or concerning interactions between the parties.<\/li><\/ol>
                                                \u00a0<\/div>

                                                33.2. Finseta may retain any recordings or transcripts for a period consistent with legal and regulatory requirements, after which they may be securely destroyed in accordance with Finseta\u2019s established data retention policies, as described in its Privacy Policy.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t

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                                                34. General<\/h2>\t\t\t\t<\/div>\n\t\t\t\t
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                                                34.1.\u00a0These Terms, the account opening form, and the online user guide (defined in Clause 36 constitute the entire agreement and understanding between the parties regarding their subject matter. They supersede all previous communications, both oral and written. In case of any inconsistency, discrepancy, or ambiguity, the order of precedence shall be (1) these Terms, (2) the account opening form, and (3) the online user guide, unless otherwise stated in Clause 36.<\/span><\/p>

                                                34.2. <\/i>If at any time any provision of these Terms or any contract is or becomes illegal, invalid or unenforceable under the laws of any jurisdiction,\u00a0 this will not affect the legality, validity, or enforceability of any other provision under any jurisdiction.<\/p>

                                                34.3. Where the Client consists of more than one person as named in the account opening form, each person will be jointly and severally liable for all obligations under these Terms. Any references to ‘You’ or \u2018Client\u2019 would include all such persons, jointly and severally.<\/p>

                                                34.4. You must make all payments under these Terms in full without any deduction, setoff, counterclaim or withholding of any kind.<\/p>

                                                34.5. A failure or delay by any party in exercising any right, power or privilege under these Terms does not operate as a waiver thereof. The rights herein are cumulative and do not exclude any other rights provided by law.<\/p>

                                                34.6. You acknowledge and agree that Finseta is permitted to carry out electronic database searches and consult credit reference agencies in order to verify your identity and credit standing, as well as those of any shareholder or officer, or authorized person.. Records of such searches may be kept in accordance with applicable privacy and data protection laws and Finseta\u2019s Privacy Policy.<\/p>

                                                34.7. These Terms are intended solely for the benefit of the parties to them and their permitted assigns. No other person shall have any rights to enforce any of its provisions.<\/p>

                                                34.8. We reserve the right to assign, transfer, or delegate any of our rights or obligations under these Terms at our sole discretion. Client may not assign, transfer, or delegate any of its rights or obligations under these Terms without the prior written consent of Finseta. Any attempt by Client to assign, transfer, or delegate without such consent will be null and void.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t

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                                                35. Data Protection<\/h2>\t\t\t\t<\/div>\n\t\t\t\t
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                                                35.1.\u00a0Finseta respects your privacy and is committed to protecting your personal information. All personal information collected, used, stored, disclosed or processed by Finseta as part of our services is governed by our Privacy Policy, which outlines our practices and your rights regarding your personal information. We encourage you to review our Privacy Policy, which is available on our website, to understand how we handle your personal information and the measures we take to protect it. By agreeing to these Terms, you acknowledge that you have read and understood our Privacy Policy and agree to its terms. If you do not agree to our Privacy Policy, you must not use our services.<\/span><\/p>