4. Your Obligations
4.1.1 you will not access, use or attempt to use the Service to provide any Instructions unless you are at least 18 years old, and that you have the legal capacity to form a binding legal contract in any relevant jurisdiction;
4.1.2 for each Transaction Request that you submit, you will pay us the stated Service Fee in addition to the Transaction Amount. Payment becomes due at the time that you submit your Transaction Request. To the maximum extent permitted by law, the Service Fee is non-refundable unless expressly stated in these Terms and Conditions. If you submit a Transaction Request that results in Transfergratis becoming liable for charges including but not limited to chargeback or other fees, you agree to reimburse us for all such fees;
4.1.3 We may apply a convenience fee for processing credit cards in certain jurisdictions at our discretion. If we charge such a convenience fee, it will be disclosed to you prior to your submission of the applicable Transaction Request;
4.1.4 you will not use any device, software or to interfere or attempt to interfere with the proper working of the Service or any Instruction being conducted through the Service;
4.1.5 in connection with your registration and use of the Service, you will: (a) provide us with true, accurate, current and complete evidence of your identity, and promptly update your personal information if and when it changes; (b) provide us with any identity documentations as may be requested by us; (c) provide us with details of one or more Payment Instruments; (d) provide us with true, accurate, current and complete information as we indicate on the website is required to receive the Service and any other information which may be required in relation to the Recipient; (e) provide us with: (i) any other information that must be provided for a Transaction Request to be properly executed, as specified when you enter the details of the Transaction you are interested in on our website; and (ii) such information relating to the Transaction as detailed in clause 5.4.
4.2 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 4.1.
4.3 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.
4.4 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.
4.5 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. Transfergratis and its Service Providers can 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.
4.6 Transfergratis 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.
4.7 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 Transfergratis 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 Transfergratis 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.
4.8 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 Transfergratis 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.
4.9 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: (i) to a Payee who has violated the Terms and Conditions, or (ii) in connection with illegal activity including but not limited to money-laundering, fraud and the funding of terrorist organisations. If Transfergratis reasonably believes you are using the Service in connection with an illegal activity or for any fraudulent purpose, or are permitting a third party to do so, in addition to any actions it may take under these Terms and Conditions, Transfergratis may report you to the appropriate legal authorities.
4.10 When using our website or the Service or when interacting with Transfergratis, with another user or with a third party, you will not:
4.10.1 breach these Terms and Conditions, or any other agreement between you and Transfergratis;
4.10.2 create more than one registration without our prior written permission;
4.10.3 provide false, inaccurate, or misleading information;
4.10.4 allow anyone else access to your registration details, and you will keep those details safe and secure;
4.10.5 refuse to provide confirmation of any information you provide to us, including proof of identity, or refuse to co-operate in any investigation;
4.10.6 use an anonymizing proxy or device (including without limitation any tool that attempts to make activity untraceable); or
4.10.7 copy or monitor our website or any part of the Services using any robot, spider, or other automatic device or manual process, without our prior written permission.
4.11 You acknowledge that nothing in these Terms and Conditions or in any other information provided by Transfergratis 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.