Customer Agreement – Orbit Money Inc.
Orbit Money
Orbit Money Inc. is a registered money-services business, offering the ability to send, receive, or convert funds across various currencies. These services are available through our proprietary website, online platform, and mobile app (collectively referred to as the “Platform”). We facilitate financial transactions between eligible individuals and businesses in various supported regions, and reserve the right to use third-party processors (“Third Party Processors”) to help deliver our services. We are committed to protecting the privacy and security of your information, including when it is shared with third-party processors, in accordance with our Data Breach Policy.
Orbit Money services
Orbit Money offers a range of services, including but not limited to sending or receiving funds, and currency conversion (“Services”). These services are available to individuals and businesses who register as customers on our Platform. In certain circumstances, transactions may be completed with the assistance of a teller acting on behalf of the customer. By accessing and using the Platform, you agree to the terms of this Agreement and any additional policies or instructions provided.
Terms of use
This Agreement outlines the terms and conditions governing your use of the Platform and services. Orbit Money reserves the right to modify this Agreement at any time. Updates or changes will be posted on the Platform. Your continued use of the services after the effective date of any changes will constitute your acceptance of the revised terms.
Account Types :
– Personal Accounts: Individuals may open personal accounts for non-business purposes.
– Business Accounts: Business entities, including sole proprietors and corporations, may open business accounts for business-related transactions.
By opening an account, you agree that it will only be used on your behalf (and not on behalf of any third party), and that all activities conducted through your account comply with our Acceptable Use Policy.
– Business Accounts: Business entities, including sole proprietors and corporations, may open business accounts for business-related transactions.
By opening an account, you agree that it will only be used on your behalf (and not on behalf of any third party), and that all activities conducted through your account comply with our Acceptable Use Policy.
Currency of accounts
Personal and business accounts may be opened in the lawful currency of your residence. You may also hold balances in other supported currencies. If you initiate a transaction in a currency other than that of your account, and the transaction is rejected and returned, we may convert the funds back to your account’s currency at a rate determined at our discretion.
Eligible customers
To open an account with Orbit Money, you must be a legal adult, as defined under the laws of your jurisdiction, or a validly existing business entity.
Security of access to account
You are responsible for maintaining the security of your account and for all activities that occur under your account, including unauthorized access. You must safeguard your account credentials (username, password, PIN, etc.) and ensure your devices and systems are protected by appropriate security measures. You must notify us immediately if you become aware of any unauthorized access to your account. While Orbit Money takes reasonable measures to protect your account, we are not liable for any unauthorized transactions or actions conducted using your account credentials, except to the extent that such liability arises from our gross negligence or willful misconduct as determined by a court of competent jurisdiction.
Account termination
– By You: You may terminate your account at any time without penalty, provided that any outstanding balance or obligations are settled. Any pending transactions at the time of termination will be completed as per their terms.
– By Orbit Money: We reserve the right to close your account with thirty (30) days’ notice, or immediately without notice if we suspect fraudulent activity, illegal use, or non-compliance with the terms of this Agreement. If your account remains inactive for a period of two (2) years, Orbit Money may consider it dormant and take steps to close the account, returning the remaining balance as applicable.
– By Orbit Money: We reserve the right to close your account with thirty (30) days’ notice, or immediately without notice if we suspect fraudulent activity, illegal use, or non-compliance with the terms of this Agreement. If your account remains inactive for a period of two (2) years, Orbit Money may consider it dormant and take steps to close the account, returning the remaining balance as applicable.
Funding an account
You can fund your account through a variety of methods, including electronic funds transfers (EFT), credit, debit, or prepaid card payments, and other methods as made available on the Platform. Orbit Money reserves the right to set limits on the amounts and types of payments you may make, and to exclude specific payment methods in certain regions or circumstances. You may also fund your account through transactions facilitated by a teller acting on your behalf, subject to any additional terms or limitations imposed by Orbit Money.
Receiving payments to your account
You may receive third-party payments into your account, subject to prior approval and any additional conditions imposed by Orbit Money.
Holding a balance in your accounts
Funds held in your Orbit Money account are not insured by any government deposit insurance. Your account balance will not earn interest, and Orbit Money reserves the right to retain any interest or earnings from the pooled accounts in which your funds are held.
Withdrawing funds
You may withdraw funds from your account using methods available in your country, such as direct bank transfers or card-based withdrawals. Withdrawals will only be processed to accounts or cards that have been previously linked and used to fund your Orbit Money account. Withdrawals to unlinked accounts or cards are not permitted.
Transaction rates and fees
The rates and transaction fees for fund transfers, currency conversion, and other services are determined by Orbit Money and will be presented to you before the completion of any transaction. Upon authorization of a transaction, these rates and fees become final, binding, and non-refundable, unless otherwise specified by Orbit Money. You will receive a transaction confirmation detailing the rates and fees for each transaction.
Teller-Assisted transactions
In certain circumstances, you may choose to complete a transaction via a teller acting on your behalf. The teller will be authorized to process the transaction on your behalf, and you will be responsible for the accuracy and completion of the transaction. Any errors or issues arising from teller-assisted transactions will be addressed according to our error resolution policies.
Sending money to a beneficiary
When sending funds, you must ensure that the beneficiary details are correct. Orbit Money will not be responsible for any errors in the provided details. For transactions using a link, you will create a security question and password, which must be communicated securely to the beneficiary. If a transfer is rejected or declined, the funds will be returned to your account; however, transaction fees will not be refunded.
Dormant accounts
We may deactivate your account if it remains unused for a period of two years. Any remaining balance will be returned using the contact information we have on file.
Fees
No fees are charged for account opening. Transaction fees will be applied as indicated in the confirmation provided after each transaction. You are also responsible for any additional fees imposed by correspondent banks or the beneficiary’s bank.
Errors in accounts or confirmations
You are required to review your account regularly. If you notice any discrepancies, you must notify us within 30 days of the date of the transaction. Failure to do so will release Orbit Money from any liability related to the error, except to the extent otherwise required by applicable law.
Overdrafts
You are responsible for repaying any negative balance in your account upon demand, along with any applicable interest.
Pre-Authorized Debit (PAD) Agreement
By accepting these terms, you also agree to the terms and conditions of the Pre-Authorized Debit (PAD) Agreement, which governs any PAD transactions you initiate or authorize through our services. The terms of the PAD Agreement are incorporated herein by reference and are available for review on our Platform.
Indemnifications
You agree to indemnify and hold harmless Orbit Money, its employees, directors, agents, and Third Party Processors from and against any and all claims, liabilities, damages, losses, costs, and expenses, including reasonable legal fees, arising out of or in connection with your use of the Platform and Services, or your breach of this Agreement.
Limitation of liability
Orbit Money’s liability is limited to direct damages, not exceeding the aggregate amount you paid for services in the three months preceding the event that caused the claim.
No warranty
Orbit Money provides the Platform and Services “as-is” without any warranties. To the maximum extent permitted by applicable law, all statutory warranties, including but not limited to implied warranties of merchantability and fitness for a particular purpose, are disclaimed.
Assignment
You may not transfer your rights or obligations under this Agreement without Orbit Money’s prior written consent, which shall not be unreasonably withheld. Orbit Money may assign or transfer its rights and obligations at any time without your consent.
Data protection
Orbit Money is committed to protecting your personal information in accordance with applicable privacy laws, including PIPEDA. Our collection, use, and disclosure of your personal information is governed by our Data Breach Policy, which is incorporated into this Agreement by reference and available on our Platform. By entering into this Agreement, you consent to the collection, use, and disclosure of your personal information as described in our Data Breach Policy.
Governing law and jurisdictions
This agreement is governed and interpreted in accordance with the laws of Ontario and the laws of Canada applicable therein. Unless agreed by both Orbit Money and you, the customer, you irrevocably agree that any disputes or claims arising out of or in connection with our products and services, this customer agreement, use or access to our website and services will be subject to the courts of the Province of Ontario.
