1.1 These terms and conditions ("Terms and Conditions") govern the terms under which you may access and use the website (and for the purpose of these Terms and Conditions “website” will include our App (where applicable) and the services associated with it (together, the "Service"). By accessing, registering with and using the Service, you agree to be bound by the terms of the Terms and Conditions. If you do not wish to be bound by the Terms and Conditions do not access, register with or use the Service. The language of these Terms and Conditions is English and all Services, instructions and transactions carried out in connection with it shall be in English.
1.2 In these Terms and Conditions, the terms "Baelio", "we", "us", and "our" refer to: Baelio Technologies Inc. Trading as Baelio, a company registered in Canada with its registered office at 1678 Barrington Street, 3rd floor NS B3J 2A2 Canada., registered with FINTRAC under no. M22287414
1.3 The terms "you" and "“your" refer to users of the Service, as Senders, Recipients, other users or visitors to the website.
1.4 These Terms and Conditions are effective from the date on which you first access, register or use the Service. The Terms and Conditions may change from time to time as set out in the clauses of these Terms and Conditions.
1.5 The Service was created to assist customers (a) to send money to their family and friends, and to receive money from family and friends, around the world (b) exchange money via the Match market place.
The Baelio Wallet is only available for use in a limited number of countries.
2.1 Subject to these Terms and Conditions, we agree to provide the Service to you using reasonable care. You acknowledge that the Service may not be available, in whole or in part, in certain regions, countries, or jurisdictions.
2.2 We are not obliged to process any particular Transaction. When you submit a Transaction Request, you are requesting that we process the Transaction on your behalf and consenting to the execution of the Transaction. We may, in our sole discretion, choose whether or not to accept the offer to process that Transaction. If we decide not to process the Transaction, we will notify you promptly of that decision and repay to you the Transaction Amount received by us, provided that we are not prohibited by law from doing so. If we choose to proceed with the Transaction we may still suspend or cancel it in our discretion.
2.3 Baelio reserves the right to modify or discontinue the Service or any part of the Service without notice, at any time and from time to time.
2.4 We may, in our absolute discretion, refuse any Transaction Request (as further detailed in clause 5) or impose limits on the Transaction Amount. We may do so either on a per Transaction basis or on an aggregate basis, and either in respect of one set of registration details or one Payment Instrument or on related sets of registration details or Payment Instruments. We reserve the right, in our sole and absolute discretion, to change the Payment Instruments that we accept, at any time.
2.5 We will attempt to process Transactions promptly, but any Transaction may be delayed or cancelled for a number of reasons including but not limited to: our efforts to verify your identity; to validate your Transaction instructions; to contact you; or due to variations in business hours and currency availability; or otherwise, to comply with applicable law.
2.6 We may send and receive notifications in relation to Transactions by email and SMS. We will provide you with information after receipt of a Transaction Request enabling you to identify the Transaction, along with details of the amount of the Transaction in the currency used in the Transaction Request, our Service Fee, exchange rate and the date on which the Transaction Request was received.
2.7 We will attempt to provide Senders and Recipients with up-to-date information regarding the location and opening hours of our Service Providers by means of information on our website. However, you agree that Baelio shall not be held responsible for any inaccuracies that may appear in that information or any consequential loss which may result from incorrect or incomplete information.
3.1 You agree that:
3.2 We do not accept any liability for loss or damages to you or any third party resulting from non-payment or delay in payment of a Payout Amount to a Payee or failure to perform any Instruction under the Service if you are in breach of your obligations listed in clause 3.1
3.3 When you are using the Service under these Terms and Conditions, it is your responsibility to make sure all the details are accurate before submission. Once a Transaction Request has been received it is not normally possible to change any details of that Transaction Request. You will be given the opportunity to confirm Transaction Requests before submission and you must check the details carefully.
3.4 The total amount (the Transaction Amount, Service Fee and other applicable fees and charges) that you will be required to pay and the relevant exchange rate will be displayed clearly before you are asked to confirm your Transaction and proceeding with the Transaction at this point is entirely optional.
3.5 When you pay a Transaction Amount in one currency and the Payout Amount is in another currency, there will be a difference between the exchange rate at which we buy foreign currency and the exchange rate provided to you. Baelio and its Service Providers usually make a small profit in these circumstances. We guarantee you the Payout Amount in local currency. The margin taken on foreign currency exchange covers our risk in guaranteeing this. If a Payee’s account is denominated in a currency other than the currency you instructed us to make payment in there may be delays, additional charges or different exchange rates. The Sender is therefore responsible for ensuring that the currency requested for the Transaction matches the currency of the account where the funds are to be delivered.
3.6 Baelio will have no responsibility for any fees or charges you may incur by the use of a particular Payment Instrument to fund a Transaction. These may include but are not limited to unauthorised overdraft fees imposed by banks if there are insufficient funds in your bank account or "cash advance" fees and additional interest which may be imposed by credit card providers if they treat use of the Service as a cash transaction rather than a purchase transaction. It is your responsibility to consult your financial institution for information regarding any such fees or charges.
3.7 You will only use the Service to send a Transaction Amount to people that you know personally and not to pay for goods or services from third parties you do not know and trust. You acknowledge that Baelio may refuse to process your Transaction Request where we believe you are using the Service to purchase goods or services from third parties you do not know and trust or where we believe that the Service is being used, by you or the Recipient, in furtherance of fraudulent, illegal or Prohibited activities, or in violation of these Terms and Conditions. If you choose to pay third parties for goods and services using the Service, you acknowledge that Baelio has no control over, and is not responsible for, the quality, safety, legality, or delivery of such goods or services and that any such use of the Service is entirely at your own risk.
3.8 Both you and the Recipient will only act on your own behalf. You may not submit an Instruction or receive a Transaction on behalf of a third person. If you intend to submit an Instruction or receive a Transaction on behalf of a third person, you must first inform Baelio of your desire to do so and provide us with any additional information about the third person we may request in order that we may decide whether to permit the Instruction or Transaction.
3.9 In using the Service you will comply with these Terms and Conditions as well as any applicable laws, rules or regulations. It is a breach of these Terms and Conditions to use the Service to send Transaction Amounts:
3.10 When using our website or the Service or when interacting with Baelio, with another user or with a third party, you will not:
3.11 You acknowledge that nothing in these Terms and Conditions or in any other information provided by Baelio as part of the Service is intended to be, nor should it be construed to be, legal or other advice. If required, you agree to consult your own professional advisers as to the effects of Canadian or foreign laws which may apply to the Service.
4.1 We may refuse any Transaction Request, Payment Request or Transaction at any time for any reason (or cancel it where relevant). Notwithstanding this, we set out here some examples of when that may occur.
4.2 Where Baelio has refused or cancelled a Transaction Request, Transaction or Payment Request, Baelio may also, at its discretion, temporarily or permanently suspend your Registration.
4.3 Where Baelio temporarily or permanently suspends your Registration, or refuses or cancels a Transaction Request, Payment Request or a Transaction in accordance with this clause 4, Baelio reserves the right to retain any Service Fees already incurred.
4.4 In order to comply with our obligations under relevant laws, we reserve the right to ask for further information or evidence relating to the purpose of a Transaction, as well as your identity and that of the Recipient.
5.1 To the extent permitted by law, once we have received your Instruction, you do not have the automatic right to revoke it.
5.2 Notwithstanding clause 5.1 above, Baelio may, in its absolute discretion, attempt to cancel your Instruction if you have informed us that you wish to revoke it. In some cases, Baelio may have initiated an irreversible request for funds to be paid out to your Payee by a Service Provider and therefore cannot guarantee cancellation will be successful. For successful revocations Baelio will normally refund your money, less any reasonable revocation charges and any Service Fees already charged, within four (4) Business Days.
5.3 If you:
5.4 If we have executed the Transaction in accordance with the instructions you have provided to us, and that information proves to have been incorrect, we are not liable for the incorrect execution of the Transaction. We will however make reasonable efforts to recover the funds. We may charge you a reasonable fee, reflective of our efforts, to do so.
5.5 Where Baelio has executed the Transaction otherwise than in accordance with your Instruction, subject to clause 11.2, Baelio will refund the full amount debited. Unless there are exceptional circumstances, no adjustment will be made for any currency fluctuations which may have occurred between the time you pay us the Transaction Amount and the time of credit.
5.6 Any refunds will be credited back to the same Payment Instrument used to fund the Transaction and in the same currency.
any way.
6.1 Where we have materially breached these Terms and Conditions causing a Sender loss, we will refund the Sender the Transaction Amount and the Service Fee.
6.2 If a Transaction is delayed or fails, or if an executed Transaction is not authorised, you may have a right to receive a refund or compensation under laws relating to the provision of international money transfer services. In the case of any unauthorised or incorrectly executed Transaction, any such right may be prejudiced if you do not notify us of the unauthorised or incorrectly executed Transaction without delay, or in any event within thirteen months after the debit date. We will provide you with the further details of your rights to a refund or compensation if you contact us using the contact details at the end of these Terms and Conditions.
6.3 Any claim for compensation made by you must be supported by any available relevant documentation.
6.4 To the maximum extent permitted by applicable law, if any loss that you suffer is not covered by a right to payment under the laws referred to below, and subject to the applicable law, we will only accept liability for that loss up to a limit which is the greater of: (a) the amount of any Service Fee and (b) CAD500, unless otherwise agreed by us in writing. The cap on our liability only limits a claim for loss arising out of any single Transaction or series of related Transactions, or (if a loss does not arise out of a Transaction or related Transactions) any single act, omission or event or related acts, omissions or events. This means that if, for example, you suffer loss by reason of our failure to perform our agreement with you under two unrelated Transactions, you might be able to claim up to CAD1,000.
6.5 Subject to applicable law, we do not, in any event, accept responsibility for:
6.6 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT ANY REPRESENTATIONS, CONDITIONS OR WARRANTIES WHATSOEVER. Baelio EXPRESSLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL OTHER REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, NON-INTERFERENCE AND/OR QUIET ENJOYMENT, SYSTEM INTEGRATION, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND ACCURACY.
6.7 Nothing in this clause 11 shall (a) exclude or limit liability on our part for death or personal injury resulting from our negligence; or (b) exclude our liability for fraud.
6.8 Where you are sending a Transaction Amount to a Payee who is not registered with us, you agree to accept the provisions below not only for yourself, but also on behalf of the Payee.
6.9 Your relationship is with the applicable Baelio entity as identified below only. You agree that no other Baelio entity, or affiliate or agent of Baelio owes you any duty of care when performing a task which would otherwise have to be performed by the applicable Baelio entity under its agreement with you.
6.10 You understand and acknowledge that you are liable for all losses incurred in respect of an unauthorised Transaction or Instruction or any other unauthorised use of the Service, where you have acted fraudulently or negligently and you agree to be responsible for and hold harmless Baelio, our subsidiaries, affiliates, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders from all loss, damage, claims, actions or demands, including reasonable legal fees, arising out of your use or misuse of the website or Service, all activities that occur under your password or account e- mail login, your violation of these Terms and Conditions or any other violation of the rights of another person or party.
7.1 In consideration of you agreeing to abide by these Terms and Conditions, we grant you a non-transferable, non-exclusive licence to use the Services, including without limitation, the App, subject to these Terms and Conditions, our Privacy Policy and the applicable app-store terms (incorporated into these Terms and Conditions by reference) as may be amended from time to time. We reserve all other rights.
7.2 Except as expressly set out in these Terms and Conditions or as permitted by any local law, you agree:
7.3 You acknowledge that the Services, including without limitation, the App have not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the Services, including without limitation, the App meet your requirements.
7.4 We only supply the Services, including without limitation, the App for domestic and private use. You agree not to use the Services, including without limitation, the App for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. Specifically (but without limitation), we do not accept any liability for loss or damages to you or any third party resulting from any delay in us processing an Instruction or refusal by us to execute a Transaction pursuant to these Terms and Conditions.
7.5 The App is provided to you free of charge and as a result no representations, conditions, warranties or other terms of any kind are given in respect of the App, and all statutory warranties and conditions are excluded to the fullest extent possible under applicable law.
7.6 In relation to your use of the website and the App, we do not, in any event, to the extent permitted by law, accept responsibility for:
8.1 Where the Baelio Wallet is available in your country of residence, it is set up by either (a) registering for Baelio within the App or (b) logging into the App after registering on the website and then taking the additional step of verifying your phone number (or other additional steps as we may later deem necessary).
8.2 A Wallet holder can load E-money on to their Baelio Wallet using the App, or by using such other methods as we may make available from time to time.
8.3 Where a Sender has elected to credit E-money to a Baelio Wallet of a Payee (who resides in a country where the Baelio Wallet is available) by performing a Transaction, the E-money will be credited as follows:
8.4 E-money held in the Baelio Wallet will not earn any interest, as it is a cash-equivalent and not a deposit.
8.5 The Wallet holder can utilise E-money stored in their Baelio Wallet by making a Transaction Request (including by initiating a Transaction to themselves as Payees), or by using such other methods as we may make available from time to time.
8.7 We may from time to time specify:
8.8 E-money that we describe as being "held" in a Baelio Wallet is a record of the balance of cash-equivalent value that the Walletholder is entitled to receive from us. It does not represent a loan arrangement or any other form of credit. It is also not a deposit. This means it is not protected under any deposit protection scheme that may exist in the Walletholder’s country. Where required by law, the money will be held by us for the Walletholder's benefit in a segregated account in a bank in the Walletholder’s country.
8.9 The Wallet holder cannot transfer the Baelio Wallet, or any of the Walletholder's rights in the Baelio Wallet, to any other person. The Walletholder cannot grant any charge or other security over E-money held in the Baelio Wallet.
9.1 You acknowledge that these Terms and Conditions shall be entered into electronically, and that the following categories of information ("Communications") may be provided by electronic means:
9.2 The Service does not allow for Communications to be provided in paper format or through other non-electronic means. You may withdraw your consent to receive Communications electronically, but if you do, your use of the Service shall be terminated. In order to withdraw your consent, you must contact us using our contact information at the end of these Terms and Conditions.
9.3 In order to access and retain Communications, you must have or have access to the following:
9.4 In addition, you must promptly update us with any change in your email address by updating your profile at http://www.Baelio.com.
10.1 You may terminate these Terms and Conditions on one month’s written notice. We may terminate these Terms and Conditions upon two months’ notice, except as provided for in clause 10.2.
10.2 We may terminate these Terms and Conditions with immediate effect if you:
10.3 Where these Terms and Conditions are terminated and a Walletholder still holds money in a Baelio Wallet, the Walletholder will be entitled to take the money out of the Baelio Wallet using any of the methods set out in clause 13 for a period of six years following the date of termination (or such longer period as may apply under the laws of the Walletholder’s country). If the Walletholder does not take the money out of the Baelio Wallet within that period, the money will cease to be the Walletholder's property and will be forfeited to us.
11.1 If you wish to make a complaint about any aspect of the Baelio service, please send your complaint in writing to the address shown on the Contact Us page of our website.
11.2 We will acknowledge receipt of your complaint promptly. We will investigate your complaint and come back to you with the results of our investigation as soon as feasible after the receipt of our acknowledgement of your complaint.
12.1 Governing law: For users who are NOT residents in the province of Quebec, this Agreement will be governed by Ontario law and the federal laws of Canada applicable therein, and the parties submit to the exclusive jurisdiction of the courts located in the province of Ontario. For users who are residents in the province of Quebec, this Agreement will be governed by Quebec law, the federal laws of Canada applicable therein, and the parties submit to the exclusive jurisdiction of the courts located in the province of Quebec.
12.2 No Waiver: The failure of Baelio to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision.
12.3 Modification: Subject to applicable law, we may modify any or all of these Terms and Conditions from time to time without notice to you, except as may be required by law or as we determine appropriate. You can review the most current version of the Terms and Conditions at any time by reviewing the website. We will indicate at the top of this page the date these Terms and Conditions were last revised. If you have registered with respect to the Services, as required by law or as we determine appropriate, we will provide you with notice of any such modifications to these Terms and Conditions at least 30 days before the amendment comes into effect, indicating the new clause, or the amended clause and the clause as it read formerly, using any contact information we may have available for you. You may refuse the amendment and rescind, or cancel your participation without cost, penalty or cancellation indemnity, by sending us notice to that effect no later than thirty (30) days after the amendment comes into force, using the information in the notice. You may terminate your use of the Service if you do not agree with any modification or amendment. If you use the Service after the effective date of an amendment or modification, you shall be deemed to have accepted that amendment or modification. You agree that you shall not modify these Terms and Conditions and acknowledge that any attempts by you to modify these Terms and Conditions shall be void.
12.4 Entire Agreement: This agreement constitutes the entire agreement between the parties and supersedes all prior understandings or agreements relating to the subject matter of this agreement.
12.5 Severability: If any provision of the Terms and Conditions is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavour to give appropriately valid effect to the intention of the Terms and Conditions as reflected in the provision, and the other provisions of the Terms and Conditions shall remain in full force and effect.
12.6 Any external links to third-party websites on the website are provided as a convenience to you. These sites are not controlled by us in any way and we are not responsible for the accuracy, completeness, legality or any other aspect of these other sites including any content provided on them. You access such websites at your own risk.