Terms and Conditions

The Terms and Conditions listed below govern the access and use of our Website and mobile phone Application (as hereinafter defined) that enable you to transfer money (“the Service”).

The Parties expressly require that this Agreement and any related and subsequent documents be drafted in the English language. Les Parties exigent expressément que cette Entente et tous les documents reliés et subséquents soient rédigés en Anglais.

In these Terms and Conditions, the terms “Azimo”, “we”, “us”, “our” mean Azimo Canada Inc. and “you”, “your” mean any person who accesses and/or uses the Service as a Sender.

It is important that you understand that access and use of the Service is conditional on your acceptance of the present Terms and Conditions. If you wish to receive a copy of these Terms and Conditions, via ordinary mail or email, please send an email to hello@azimo.com.

“Applicable Laws” means the applicable laws of Canada or of the country from which funds are transferred or where funds are intended to be received which relate to electronic money transfer services including, without limitation, Proceeds of Crime (Money Laundering) and Terrorist Financing Act (Canada) (PCMLTFA) and the Proceeds of Crime (Money Laundering) and Terrorist Financing Regulations (PCMLTFR), and other applicable laws;

“Application” means an Azimo application which resides on a mobile phone or tablet operated by Azimo to provide online money transfer services and the related information;

“Compliance Officer” means one or more members of staff at Azimo or its group companies who is responsible for compliance with the PCMLTFA and the PCMLTFR and other applicable laws;

“Fees” means the charges and fees we charge to you for the Service, as applicable, in accordance with the price list published on the Website and/or the Application, or the prices or rates that we communicate to you before we issue a Confirmation, or as provided in these Terms and Conditions;

“Force Majeure Event” means any of the circumstances referred to in clause 9.7;

“FX Spread” is applied when you pay for a transaction in one currency and it is paid out in another currency. The FX spread is the difference between the exchange rate at which we buy the currency and the exchange rate we provide to you (as set out in the order confirmation). The FX Spread covers our costs plus a small margin.

“Malicious Code” means computer viruses, Trojans, software locks, drop-dead devices, malicious logic or trap door, worms, time bombs, corrupted files or other computer programme routines that are intended to delete, disable, deactivate, damage, detrimentally interfere with, surreptitiously intercept or expropriate any systems, data, personal information or property of another;

“Prohibited purpose” means any unlawful purpose (whether such illegality arises in the country from which the funds are transferred or where they are intended to be received or in any territory with jurisdiction over the Sender or the Receiver) including, without limitation, the transfer or receipt of payment for illegal activities, the transfer of funds which constitute proceeds of crime or money laundering under the PCMLTFA or PCMLTFR which are obtained by illegal activity, the transfer of funds for the purpose of funding illegal activity, the transfer of funds for the purpose of avoiding the seizure of such funds by law enforcement authorities or under orders of any court of law, and any transfer of funds without the permission of their owner;

“Recipient” means the person who receives (or intends to receive) a money transfer through the Service;

“Reference Number” means the unique Transaction number which is issued to the Sender when he/she initiates a Transaction and which the Recipient will be required to provide to our partners in order to receive the amount transferred;

“Sender” means the person who initiates the carrying out of a money transfer through the Service;

“Transaction” means every money transfer that you initiate using the Service and/or every other use that you make of the Service,

“Website” means the website Azimo.com operated by Azimo and its affiliates to provide online money transfer services.

Azimo operates the Website and the Application that enable you to transfer money using a device connected to the Internet and/or a mobile device.

Azimo Ltd. is a company incorporated and licensed under the laws of British Columbia, Canada (company number BC1123212) engaged in the business of funds remittance with its Registered Office located at Suite 2300, Bentall 5, 550 Burrard Street, Vancouver, British Columbia, V6C 2B5

Our FINTRAC (Financial Transactions and Reports Analysis Centre of Canada Registration Number is: M17813273

Azimo Canada Inc. is regulated by the PCMLTFA and the PCMLTFR.

We can be contacted via the following means:

As a money service business and with a purpose of providing the Service, we are bound by the legal requirements to obtain, verify and record information about our customers. Therefore, we may request from you or consult any legal sources to obtain personal information about you and the required Know Your Customer (“KYC”) information when offering the Service to you.

Your personal information will be treated and processed securely and strictly in accordance with applicable laws and regulations.

Your personal information will be treated as confidential, unless where it is already public knowledge or where it becomes public knowledge through no fault of our own.

We may disclose information about you if we are required to do so by law, by our financial partners in order for them to fulfil their regulatory obligations, by court order, by any statutory, legal or regulatory requirement, by the police or any other competent authorities, foreign or domestic, in connection with the prevention or detection of crime or to help combat fraud, money laundering and terrorism financing. We may also report suspicious activity to appropriate competent law enforcement or government authorities, foreign or domestic.

For more details and information regarding the confidentiality, privacy and security please refer to our Privacy Policy that can be found at www.azimo.com.

By using the Service you warrant that you are at least 18 years old and that you have a legal capacity to enter into legally binding contracts.

Without prejudice to your rights in relation to any order for Service in relation to which we issued a Confirmation (in accordance with clause 7 below), we reserve the right, at any time, to terminate or suspend your access to the Service without prior notice if:

Clause 7.5 applies.

If funds are sent via a recipient form, before your Transaction is complete you will be provided with the following information:

The Transaction order will remain valid for 24 hours (or 5 days for bank transfers) from the moment you complete the Transaction Order, in order for you to pay the value of the Transaction to us. If we have not received the relevant funds within this timeframe, the order will be cancelled in accordance with clause 12.2 and you will be advised to initiate a new Transaction order.

After you place a Transaction order via the Website using a recipient form, an e-mail will be sent to you acknowledging that your order has been received. After you place a Transaction order via the Application, you will receive a confirmation in the Application. Please note that this does not mean that your order is accepted. Any placement of a Transaction order shall be deemed to constitute your explicit approval and authorisation of such order. Any approval can be revoked by you up until the moment the Recipient has been paid in accordance with clause 12.

A Transaction order constitutes solely an offer to buy our Service, which is subject to our discretionary acceptance. As part of the order, we will communicate the involved Fees and exchange rate. This does not yet constitute our acceptance. Such acceptance will be communicated to you either (i) via e-mail confirming that we are processing your request or (ii) through a confirmation in the Application (hereinafter called “the Confirmation”). The contract between you and us (hereinafter called “the Contract”) will only be formed when the Confirmation has been sent. The Transaction can still be revoked by you after Confirmation, but before payment to the Recipient in accordance with clause 12.

The Contract relates solely to the Service that have been confirmed and accepted in the Confirmation.

We reserve the right to refuse to perform a Transaction (including after Confirmation) if:

We shall notify you of any exercise of our rights in this clause, including the reasons thereof and any follow-up procedure for correction, unless prohibited by applicable laws and regulations.

We shall not be liable for any damages, costs or losses incurred by the Sender or the Recipient or any third party if, as a result of any of the circumstances referred to in clause 5.2 or 7.4, we fail to complete the transfer of funds in accordance with an order.

The Reference Number,

A confirmation of the exact amount we are sending to the Recipient on your behalf in both pay in and pay out currencies,

A confirmation of the Fees (including the FX Spread) that has been charged,

The exchange rate applied to your Transaction,

A location and documentation needed from the recipient in order to collect the money (in case of cash collection option),

A confirmation of the bank to which the money has been sent (in case of bank deposit option),

An estimated time when the money will be available to the Recipient.

If a money transfer you ordered is delayed or fails, you may have a right to receive a refund or compensation. Please contact us at hello@azimo.com for more information regarding refunds and compensations.

Claims for refund or compensation must be supported by all available evidence.

Our total aggregate liability, whether in contract, tort or otherwise, is expressly limited to the greater of: (a) the amount of any Fees that was paid to us; or (b) CDN$700 . The foregoing cap on our liability applies to any single transaction, act, omission or event and to any number of related transactions, acts, and omissions or events. Notwithstanding the generality of the foregoing, if a Transaction in accordance with an order you made and for which you received Confirmation is delayed or fails, we expressly limit our liability in respect of any such delayed or failed transfer (including for any claimed refund) to the original transaction value of such Transaction(s).

Except as provided in clause 9.5, we shall not be liable to you or to any third party in relation to the Service, whether for breach of contract, tort (including negligence), misrepresentation, unjust enrichment or any other grounds, for any indirect, incidental, consequential or special damages including any loss of profits or savings or anticipated profits or savings, loss of opportunity, loss or reputation, goodwill or business or any economic loss, even if we are advised in advance of the possibility of such loss.

Nothing in this clause shall:

We are not liable for the quality, safety, legality, or delivery of the goods or services that you pay for using the Service.

We shall neither be liable for any breach of our obligations under a Contract to you nor for any failure or delay in performance of any obligations under a Contract arising from or attributable to acts, events, omissions or accidents beyond our reasonable control, including, without limitation, where our failure to perform our obligations arise from:

Our performance under a Contract shall be deemed suspended for the period that the Force Majeure Event continues and the time for performance will be extended for the duration of that period. We will use our reasonable endeavours to find a solution by which our obligations under the Contract may be resumed despite the Force Majeure Event.

We do not bear any liability for you providing any incorrect details about your Recipient, including – but not limited to – errors and typos. If a Transaction has been picked up by another person than the Recipient, because of your failure to provide correct details, we will only be obliged to provide reasonable assistance to try to retrieve the funds back. We may charge you for any such assistance.

You will not use the Service unless you are at least the age of majority in the province or territory in which you live and you have a legal capacity to enter into legally binding contracts.

You will pay the Fees for each Service we provide to you.

You will comply with these Terms and Conditions as well as with any applicable laws, rules and regulations.

In relation to your registration and use of the Service you will:

You understand and accept that:

The prices for the Service consist of FX Spread and the Fees.

Our Fees vary from time to time, but changes in the Fees will not apply to any orders in respect for which we have already sent you the Confirmation.

If you send money via a recipient form, you can pay for the Transaction via Interac® e-Transfer, debit card or other alternative payment methods which we may permit. If you send money via the Application, you can pay for the Transaction Interac e-transfer or debit card.

If you pay by Interac e-transfer or debit card, it will be charged as soon as we accept your request for the transfer.

In case of a SWIFT transfer, we are not liable for any additional fees that the banks (either on the sending or receiving side) may charge.

When you pay by Interac e-transfer or debit card and your payment request is refused by your bank or card issuer, your bank account will not be debited. However, it is possible that your bank or card issuer might hold the amount you tried to send. If this happens you will need to contact your bank or card issuer to resolve the issue.

Discounts on our Fees may be available through promotions that we or our partners may offer from time to time. Promotions are subject to terms and conditions and will be honoured in accordance with their published terms.

You have a right to cancel a Transaction before payment has been made to the Recipient. If you have sent money via a recipient form, you may exercise this right by:

If you exercise your right to cancel the Transaction or if we cancel the Transaction, after you have already paid us the funds to be transferred:

Refunds can take up to seven (7) working days to be processed and this depends as well on your bank’s processes, which are beyond our control.

We reserve the right not to refund amounts smaller than CDN$5 and to charge a refund fee of CDN$5 (according to the currency with which you pay us) if the refund which has been requested by the customer is due to no fault of our own.

If we do not transfer the money to the Recipient in accordance with an order within thirty (30) days after your instructions and the funds have been received, provided that you correctly followed our procedures and complied with all our policies, you may ask for a refund of the money received by us and intended for the Recipient.

In any event that you have not exercised your cancellation rights or we have not cancelled the Transaction as per this clause 12, your Transaction will expire one (1) month after the date it was initiated. In case the money has not been collected by the Recipient (in the case of cash transfers) or the Transaction requires a correction, we reserve the right to cancel your order without prior notice to you and to refund to you the amount that was to be transferred. The refund will not include the Fees paid for the Service, which we will retain.

If, for any reason, the Transaction has not been cancelled in accordance with clauses 12.5 and 12.6 and Recipient does not collect the money within thirteen (13) months after the date it became available for collection, all rights of cancellation of the Transaction or refund of the money transferred or the Fees shall be deemed to be waived by you.

All promotions, bonuses or special offers run by Azimo are subject to promotion specific terms and conditions and any complimentary bonus credited to your account must be used in adherence with such terms and conditions.

In certain cases, we may, in our sole discretion, (usually due to abuse, limited up-take of the offer or error) conclude promotions, bonuses or special offers before the end of the advertised period or may prolong the period of a promotion, bonus or special offer.

Azimo reserves the right to disqualify certain countries or regions within countries from promotional offers.

If Azimo reasonably suspects that a user of our Service has abused, is abusing or attempting to abuse a bonus or other promotion or is likely to benefit through abuse or lack of good faith from a policy adopted by Azimo, then Azimo may, at its sole discretion, deny, withhold or withdraw from any user any bonus or promotion, or rescind any policy with respect to that user, either temporarily or permanently, or terminate that user's access to his/her account.

We value your feedback as it helps us improve our Service. We have established internal procedures for complaints. You can make a complaint in writing to us regarding any aspect of the Service by mail or e-mail to the following addresses:

We will investigate your complaint and respond to you with final response by the end of fifteen (15) business days after the day on which we received your complaint.

For more information, our Complaints Handling Policy may be provided to you upon your request.

We shall be entitled, without your consent, to transfer our rights and obligations under these Terms and Conditions and under any Contract to any of our affiliates or to any entity or person that acquires our business. Any such transfer of rights and obligation will have effect upon notice being given to you (including notices given through the Website or the Application).

We are entitled to perform our obligations to you through subcontractors, agents and other third parties.

You may only transfer your rights and obligations under a Contract if we have agreed for this in writing.

If we fail, at any time, to insist upon strict performance of any of your obligations under a Contract or any clause of these Terms and Conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under a Contract or these Terms and Conditions or by law, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.

A waiver by us of any default will not constitute a waiver of any subsequent default.

No waiver by us of any term in these Terms and Conditions or in any Contract will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with these Terms and Conditions or the Contract, as the case may be.

These Terms and Conditions and any document expressly referred to in them constitute the whole agreement between us and you and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us and you relating to the subject matter hereof.

You acknowledge that, in entering into a Contract and accepting these Terms and Conditions, you do not rely on, or will have no remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not expressly set out in these Terms and Conditions or the documents referred to in them.

We reserve the right to revise, amend or replace these Terms and Conditions from time to time. We will notify you of any changes to these Terms and Conditions by posting the revised Terms and Conditions on our Website or by posting a notice on our mobile Application. The changed Terms and Conditions as of the effective date as referenced in clause 22.2 will apply to any newly placed Transaction orders as of such effective date.

Changes to these Terms and Conditions which are (1) more favourable to you; (2) required by law; or (3) relate to the addition of a new service or extra functionality to the existing Service; or (4) any other change which neither reduces your rights nor increase your responsibilities, will come into effect immediately. Changes which reduce your rights or increase your responsibi lity will come into effect seven days after the date such changes are posted. Changes to exchange rates shall come into effect immediately without notice and you shall not have the right to object to such a change. You may always determine to cease the use of our Service upon such change.

Our Terms and Conditions in force at the time that you place an order using the Service will have effect between you and us for the purpose of that order. We may notify you of a change to the Terms and Conditions after you place an order but before we send you the Confirmation, in which case, unless you notify us within seven days that you wish to cancel the order, the revised Terms and Conditions will apply.

The Website and the Application, the content, the name AZIMO and other names, logos, signs, domain names, email addresses and other indications of origin displayed on the Web site or the Application relating to our products and/or services and all intellectual property relating to them and contained in them (including but not limited to copyrights, patents, database rights, design right, trade marks,) (“IPRs”) are owned by us, our affiliates or third party licensors. Other names and logos of third party product, service and companies displayed on the Website may be the trademarks of third parties. You shall not acquire any right, title or interest in any such IPRs by reason of the Service or a Contract and all right, title and interest in and to the Website and the Application shall remain our property and/or the property of such other third parties.

You may use the Website and the Application only for the purpose of the bona fide use of our Service as an individual consumer or business customer and only as permitted by these Terms and Conditions or described on the Website. You are authorized solely to view and to retain a copy of the pages of the Website for your own personal use. The Website and the Application and the Service may not be used for the purpose of testing the Service or to obtain information about the Service or about us. You may not duplicate, publish, modify, create derivative works from, participate in the transfer or sale of, post on the internet, or in any way distribute or exploit the Website, the Application or any portion thereof for any public or commercial use without our express written permission. You may not: (a) use any robot, spider, scraper or other automated device to access the Website or the Application or to use the Service; and/or (b) remove or alter any copyright, trademark or other proprietary notice or legend displayed on the Website (or printed pages of the Website).

These Referral and Promotions Terms (‘the Referral Terms”) set out the terms which govern Azimo’s referral program (‘the Referral Program”) and promotions (“the Promotion Program”).

All customers transacting with Azimo are subject to Azimo’s onboarding procedures which include agreeing to the Terms and Conditions and Azimo’s general terms of business.

These Referral Terms are to be read in conjunction with the Terms and Conditions and any additional conditions associated with the Referral and Promotion Programs which may be in force.

By using a Referral and Promotions Program, you confirm that you accept the Referral Terms and that you agree to comply with them.

If you do not agree to and abide by the Referral Terms in their entirety, you must not use our Referral and Promotion Programs.

An “Existing Azimo user” means a person who has an active and registered Azimo account.

Existing Azimo users can earn a Referral Credit towards a Qualifying Transaction in an amount specified by Azimo if a friend referred by the Existing Azimo user clicks on the unique referral link (a unique shared URL - Referral Code) and creates an Azimo account or enters the unique referral code upon registration and meet the requirements (in force at that time) of a Qualifying Transaction on an Azimo platform (Website or Application).

A Qualifying Transaction means a Transaction which

Specified Value is a minimum Transaction value determined by Azimo and disclosed, in the case of the Existing Azimo User, to him/her when the Referral is made and, in the case of the referred friend, when the referred friend sends his/her first Transaction. Learn about how the referral and promotions work here: Referrals and promotions.

If the first Transaction of the user is less than the amount of Qualifying Transaction, the Referral Code can be used in a subsequent transaction which meets the requirements of a Qualifying Transaction.

A Referral Credit is non-transferable, non-negotiable, non-refundable and cannot be exchanged for cash.

Azimo reserves the right to set the expiration date of any Referral Code.

Same-currency transfers do not count towards the Referral Program.

The Referral Codes cannot be used in combination with any other promotion code.

Each qualified person you refer shall only make transfers via debit card, bank account or alternative payment method which is in their name.

A limit may be placed on the total number of Referral Credits or the period over which an Existing Azimo user is entitled to participate in a Referral program. The user will be notified of such limits or restrictions at the time they register for the Referral Program or in these Referral Terms, as amended from time to time.

You may only use our Referral Program in good faith for lawful purposes. You may not:

Referrals should only be used for personal and non-commercial purposes and should only be shared with personal connections who would appreciate receiving these invitations.

You represent and warrant to us that you have obtained the express consent from the individuals

Azimo has the right to refuse to pay you the Referral Credit if (in its sole and absolute discretion) if Azimo suspects that you have not used the Referral Program in good faith or have breached these Referral Terms.

Azimo will determine, in our sole and absolute discretion, whether there has been a breach of these Referral Terms.

When a breach of these Referral Terms has occurred, Azimo may take such action as we deem appropriate, including (but not limited to) termination of these Referral Terms, closing your account(s), closing third party account(s) and suspending the Referral Program.

We may revise these Referral Terms at any time. We will notify you of any changes to these Referral Terms by posting the revised Referral Terms on our Website or by posting a notice on our mobile Application. Continued use of the applicable Referral and Promotion Program shall amount to acceptance of these Referral Terms.

Azimo may require identification documents from you prior to paying the Referral Credit.

Azimo shall not be in breach of these Referral Terms (nor have any obligation to pay you a Referral Credit) if you do not (in Azimo’s sole and absolute discretion) provide the identification documents requested by Azimo.

Azimo accepts no liability for any use of the Referral Program which does not comply with these Referral Terms.

Azimo reserves the right to:

* A Referral Credit’s currency equivalent amount (GBP / EUR / CHF / SEK / DKK / NOK / CDN Dollar) will be calculated using a system-wide rate, known as the base exchange rate. The base exchange rate may not, however, be identical to the real-time market rate.