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 "BriskRemit", "we", "us", and "our" refer to BriskRemit Ltd, together with its employees, directors, affiliates, successors, and assigns. BriskRemit a subsidiary of Snel Telecommunications. Snel Telecommunications is a company registered number 101301507 in Saskatchewan, Canada, with its registered office at 520 Ave M South Saskatoon, SK S7M 2K9, Canada. Snel Telecommunications is authorised by the Financial Transactions and Reports Analysis Centre of Canada for the issuing of electronic money. Registration Number: M16638666
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, but changes will only be effective 2 months from the date they are first notified to you and will not change the terms on which you previously used the Service.
1.5 The Service was created: (a) to assist customers to send money to their family and friends, and to receive money from family and friends, around the world; and (b) to offer customers the ability to credit a mobile phone account with Airtime Top Up. For security reasons, we recommend that you only send money or Airtime Top Up through the Service to people you know personally. You must not use the Service to send money or Airtime Top Up to strangers, for example sellers of goods and/or services, whether private or retail.
In these Terms and Conditions:
"App" means BriskRemit's mobile application for the sending of Payment Requests and/or Transaction Requests.
"Airtime Top Up" means credit, which is added to a mobile phone account, which can be used to make calls, send text or picture messages and use data, that is purchased by the Sender and credited to the Payee's mobile phone account typically within a few seconds.
Compliance Officer" means one or more members of staff at BriskRemit Ltd who is responsible for compliance with Money Transfer Regulations, anti-money laundering legislation and other applicable laws;
"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, money laundering or 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;
"Reference number" means the unique transaction number, which will be issued to you as and which the recipient will be required to provide to our partners in order to receive the amount transferred,
"Business Day" means any day on which we are open for business for the execution of Transaction Requests and/or Payment Requests.
"Destination Country" means the country in which the Payee receives money or Airtime Top Up through the Service.
"Instruction" means a Payment Request and/or a Transaction Request.
"Local Taxes" means any taxes or charges payable in the Destination Country.
"Payee" means someone who receives money or Airtime Top Up through the Service.
"Payment Instrument" means a valid instrument of payment such as a bank account, debit card or credit card.
"Payment Request" means a specific instruction from you to a Sender requesting a Transaction.
"Payout Amount" means the amount paid out, after any foreign exchange conversion, to the Payee's account exclusive of the Service Fee.
(a) a Payee; or
(b) in the event that you are using the Service to send a Payment Request, someone who receives the Payment Request.
"Sender" means someone who uses the Service to send money or Airtime Top Up.
"Service Fee" means BriskRemit's fee plus any additional charges or Local Taxes applicable to each Transaction, which BriskRemit may charge in its sole discretion in accordance with applicable laws, as may be described on the BriskRemit website from time to time.
"Service Provider" means a local bank, money exchange house, or other third-party service providers (e.g. mobile network operators) in the Destination Country with whom BriskRemit works to provide the Service.
"Transaction" means the transfer of money or Airtime Top Up through the Service.
"Transaction Amount" means the amount of money or the value of the Airtime Top Up that the Sender wishes to send to the Payee as a Transaction, excluding any applicable Service Fee and prior to any foreign exchange conversion.
"Transaction History" means the record of your Transactions on our website which you may access using your email and password registration details.
"Transaction Request" means a specific instruction from you requesting us to send money or AirTime Top Up to a Payee through the Service.
3.1 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.
3.2 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.
3.3 BriskRemit 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.
3.4 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.
3.5 Delivery times quoted on our service levels or elsewhere on our website are representative for the "normal" / average service and are not a guarantee of an individual Service or Transaction time.
3.6 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.
3.7 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.
5.1 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.
5.1.1 We may, in our absolute discretion, refuse or cancel Transaction Requests or Transactions where we believe that the Service is being used, whether by you or the Recipient, in furtherance of illegal, fraudulent or unethical activities.
5.1.2 We may, in our absolute discretion, refuse or cancel Transaction Requests or Transactions from certain Senders or to certain Payees, including but not limited to entities and individuals on restricted or prohibited lists issued from time to time by any government authorities, if we are required to do so by law, or where we have reason to believe processing the Transaction Requests would violate anti-money laundering or counter-terrorism financing laws and regulations. We may refuse to process a Transaction funded from certain Payment Instruments where we have reason to believe the security of the Payment Instrument has been compromised or where we suspect the unauthorised or fraudulent use of the Payment Instrument.
5.1.3 We may, in our absolute discretion, refuse or cancel Transaction Requests or Transactions if BriskRemit believes you are using the Service to purchase goods or services from third parties you do not know or trust.
5.1.4 We may, in our absolute discretion, refuse or cancel Transaction Requests, Payment Requets or Transactions if:
(a) BriskRemit is unable to verify your identity;
(b) BriskRemit is unable to verify the identity of the Recipient;
(c) You do not comply with information requests pursuant to clause 5.4; or
(d) BriskRemit reasonably believes you are using the Service, or allowing it to be used, in breach of these Terms and Conditions or any applicable laws, rules or regulations.
5.2 Where BriskRemit has refused or cancelled a Transaction Request, Transaction or Payment Request, BriskRemit may also, at its discretion, temporarily or permanently suspend your Registration
5.3 Where BriskRemit temporarily or permanently suspends your Registration, or refuses or cancels a Transaction Request, Payment Requestor a Transaction in accordance with this clause 5, BriskRemit shall be entitled to retain any Service Fees already incurred.
5.4 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.
6.1 To the extent permitted by law, once we have received your Instruction, you do not have the automatic right to revoke it.
6.2 Notwithstanding clause 6.1 above, BriskRemit may, in its absolute discretion, attempt to cancel your Instruction if you have informed us that you wish to revoke it. In some cases, BriskRemit 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 BriskRemit will normally refund your money, less any reasonable revocation charges and any Service Fees already charged, within four (4) Business Days.
6.3 If you:
6.3.1 have any problems using the Service; or
6.3.2 are aware of any unauthorised or incorrectly executed Transactions;
you should contact us through the channels listed at the end of these Terms and Conditions without delay and in any event no later than 45days after the date the Transaction Amount was debited, upon becoming aware of the unauthorised or incorrectly executed Transaction. A request for a refund must be submitted in writing (including by email) to one of the contact points listed at the bottom of these Terms and Conditions, giving the Sender's full name, address, and phone number, together with the Transaction tracking number, Transaction Amount, and the reason for your refund request.
6.4 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.
6.5 Where BriskRemit has executed the Transaction otherwise than in accordance with your Instruction, subject to clause 11.2, BriskRemit 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.
6.6 Any refunds will be credited back to the same Payment Instrument used to fund the Transaction and in the same currency.
7.1 To send Airtime Top Up, you agree to comply with and undertake the provisions set out in these Terms and Conditions and this clause 7.
7.2 The Airtime Top Up service shall only be provided to you by us in respect of the mobile phone operators available on the website, which are subject to change and availability.
7.3 You will be required to input the mobile phone number to which any Airtime Top Up is to be credited into the appropriate space on the website. It is your responsibility to ensure that you have correctly inputted the mobile phone number. You will then be required to select the amount of Airtime Top-Up that you wish to credit that mobile phone number with.
7.4 When sending an Airtime Top Up, you will be asked to enter the Payee's phone number . This is a unique identifier required to ensure that Airtime Top Up is not sent to the wrong person because of a mis-typed number. However, if you enter the wrong number twice, the transfer will go ahead and there is no way to reclaim or redirect the Airtime Top Up once the Transaction Request has been processed by us.
7.5 You are responsible for checking carefully with the Payee that you have their correct phone number.
7.6 The cost of Airtime Top Up will vary depending on the amount of Airtime Top Up that you wish to send to your friend or family member and according to the denominations displayed on the website.
7.7 The total amount (the Transaction Amount and our Service Fee) that you will be required to pay will be displayed clearly on the website before you are asked to confirm your Transaction and proceeding with the Transaction at this point is entirely optional.
7.8 A number of countries around the world have chosen to apply taxes to incoming Airtime Top Ups. When sending to a Payee in these countries, the corresponding deduction will be made from the Transaction Amount, meaning the Payee will get a lower amount of Airtime Top Up.
7.9 If the Payee you are sending to is in a country which does deduct taxes from Airtime Top Ups, you will see information about the rate on the BriskRemit service or App before completing the transfer.
7.10 The Airtime Top Up is typically sent within a few seconds by us to the mobile phone number you provide upon successful payment by you. Occasionally, there may be a short delay before the relevant mobile operator applies the Airtime Top Up to the mobile phone number e.g. due to congestion on the local mobile network. If you have questions about a longer delay, please contact help@BriskRemit.com.
7.11 You agree and understand that we only act on your authorisation to send Airtime Top Up and the relevant mobile operator shall be solely liable to you and the Payee of the Airtime Top Up for the provision of mobile services related to the Airtime Top Up. Once the Airtime Top Up is sent to a mobile phone number, it cannot be refunded or removed from the phone. To stop this mistake from happening, we ask you to ensure that the number you have entered is correct.
7.12 You acknowledge that you will lose the right to cancel the Airtime Top Up once the Airtime Top Up service has been fully performed by us. Accordingly, you will have no right to request a refund.
7.13 Please note that the website limits the number of Airtime Top Ups that can be performed or the maximum value of Airtime Top Ups sent over a specific time period (e.g. daily, weekly, monthly).
7.14 Other limits and exclusions related to Airtime Top Ups or the use of the website may be applicable. You will be notified through the website or by email of these additional limitations should they exist or come into existence.
8.1 You agree that you will not send Payment Requests to strangers i.e. people you do not know personally.
8.2 You acknowledge that the Service may not be available, in whole or in part, in certain regions, countries, or jurisdictions.
8.3 We are not obliged to process any particular Payment Request. When you submit a Payment Request, you are requesting that we process the Payment Request on your behalf and consenting to us contacting the Sender for these purposes. You acknowledge and agree that, when we send a Payment Request by SMS text message to a Sender on your behalf, we may use the mobile telephone number associated with your account for this purpose (i.e. the Payment Request we send will show as being sent from your mobile telephone number). We may, in our sole discretion, choose whether or not to process that Payment Request, or impose limits on Payment Requests. In particular, we may, in our absolute discretion, refuse Payment Requests and/or suspend or cancel your account with us where (i) you are in breach of clause 4, (ii) we believe that the Service is being used, whether by you or the Sender, in furtherance of illegal, fraudulent or unethical activities, or (iii) we are required to do so by law (including applicable anti-money laundering and counter-terrorism legislation) or (iv) we are unable to verify either your identity or that of the Sender.
8.4 All Transactions that result from a Payment Request will be handled in accordance with these Terms and Conditions, which the Sender will need to accept prior to any Transaction proceeding.
8.5 Cancellation of Payment Requests. Once we have received your Payment Request, you may not cancel it. In such circumstances you would need to contact the Sender separately, and explain that you require the Payment Request to be treated as cancelled. Please therefore ensure that your Payment Requests are legitimate, accurate and complete.
8.6 Cancellation of Transactions. The cancellation of Transactions shall be governed by, and dealt in accordance with these Terms and Conditions. You shall assist and co-operate with us in relation to all cancellation requests we receive from Senders after a Transaction has been initiated following your Payment Request. You shall, upon request from us, promptly refund to us or a third party of our choice (including the Sender) all monies you receive from Transactions where we reasonably believe that such Transactions have resulted from your use of the Services in contravention of these Terms and Conditions.
9.1 Customer Identification Program. by obtaining, verifying, and recording identifying information about all customers. We may therefore require you to supply us with personal identifying information relating to you and the Recipient and we may also legally consult other sources to obtain information about you and the Recipient.
9.2 Verification and Checks. We will verify your residential address and personal details in order to confirm your identity. We may also pass your personal information to a credit reference agency, which may keep a record of that information. Be assured that this is done only to confirm your identity, and that we do not perform credit checks and therefore your credit rating will be unaffected. We may also need to verify the identity of a Recipient in the same way. All information provided by you will be treated securely and strictly. By accepting these Terms and Conditions you authorise us to make any inquiries we consider necessary to validate the information that you provide to us. We may do this directly, for example by asking you for additional information, or requiring you to take steps to confirm ownership of your Payment Instruments or email address; or indirectly, for example by verifying your information against third party databases or through other sources.
9.5 BriskRemit may, as necessary in providing the Service, store all information required of a Recipient to prove his or her identity or associated with their specific Instruction. Such proofs may include a suitable form of valid, unexpired identification from a list of acceptable papers provided by the Service Provider, and/or a transaction tracking number, a personal identification number (PIN), a "password", a "secret word", or other similar identifiers.
10.1 The BriskRemit website and the BriskRemit Service, the content, and all intellectual property relating to them and contained in them (including but not limited to copyrights, patents, database rights, trademarks and service marks) are owned by us, our affiliates, or third parties. All right, title and interest in and to the BriskRemit website and the Service shall remain our property and/or the property of such other third parties.
10.2 The BriskRemit website and the BriskRemit Service may be used only for the purposes permitted by these Terms and Conditions or described on the website. You are authorised solely to view and to retain a copy of the pages of the BriskRemit website for your own personal use. 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 BriskRemit website, the BriskRemit Service 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 BriskRemit website or the BriskRemit Service; and/or (b) remove or alter any copyright, trademark or other proprietary notice or legend displayed on the BriskRemit website (or printed pages of the website). The name "BriskRemit" and other names and indicia of ownership of BriskRemit's products and/or services referred to on the BriskRemit website are our exclusive marks or the exclusive marks of other third parties. Other products, services and company names appearing on the website may be trademarks of their respective owners, and therefore you should not use, copy or reproduce them in any way.
14.1 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 14.2.
14.2 We may terminate these Terms and Conditions with immediate effect if you:
14.2.1 become, or we reasonably believe or become aware you are likely to become, insolvent or are declared bankrupt;
14.2.2 are in breach of any provision of these Terms and Conditions;
14.2.3 use the Service or the website in a way that is disruptive to our other customers, or you do anything which in our opinion is likely to bring us into disrepute;
14.2.4 breach or attempt to breach the security of the website (including but not limited to: modifying or attempting to modify any information; unauthorised log-ins, unauthorised data access or deletion; interfering with the service, system, host or network; reverse engineering of any kind; spamming; hacking; falsifying data; introducing viruses, Trojan horses, worms or other destructive or damaging programs or engines; or testing security in any way); or
14.2.5 are, in BriskRemit's reasonable belief, using the Service in connection with fraudulent, illegal or unethical activity, or permitting a third party to do so.
15.1 If you wish to make a complaint about any aspect of the BriskRemit service, please send your complaint in writing to the address shown on the Contact Us page of our website or by email to complaints@BriskRemit.com.
15.2 We will acknowledge receipt of your complaint within 2 Business Days. We will investigate your complaint and come back to you with the results of our investigation no later than 7 Business Days after the receipt of our acknowledgement of your complaint.
16.1 Governing law: this Agreement will be governed by Canadian law and the parties submit to the exclusive jurisdiction of the Canadian Courts.
16.2 No Waiver: The failure of BriskRemit to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision.
16.3 Modification: We may modify these Terms and Conditions from time to time without notice to you, except as may be required by law.You can review the most current version of the Terms and Conditions at any time by reviewing the website. 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.
16.4 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.
16.5 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.
16.6 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.
We take security very seriously at BriskRemit and we work hard, using state-of-the-art security measures, to make sure that your information remains secure. The BriskRemit Service is a safe and convenient way to send money and/ or Airtime Top Up to friends and family and to other people that you trust.
However, we do advise you to consider very carefully before sending money to anyone that you do not know well. In particular, you should be very cautious of deals or offers that seem too good to be true - they may be scams. If you are aware of anyone or any entity that is using the Service inappropriately, please email us using our contact form. Similarly, if you receive any emails, purporting to be from BriskRemit, which you suspect may be "phishing" (fake) emails, please forward them to us using our contact form.
Questions, notices, and requests for refunds or further information should be sent to BriskRemit, as follows:
online at https://www.BriskRemit.com/en/contact-us/;
by email to briskcs@BriskRemit.com
by telephone +1 833 336 9111
or by post to: BriskRemit, attn: Customer Service, BRISKREMIT Ltd, 520 Ave M South Saskatoon, SK S7M 2K9, Canada.