Terms and Conditions
TTHE HERAT EXCHANGE INC. (“HERATEXCHANGE.COM”)
MONEY TRANSFER SERVICE IS SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS:
In the event there is any inconsistency between the English version of our web site
and any other language version, the English version shall be binding.
A Herat Exchange (“heratexchange.com”) Money Transfer customer (the "Sender")
may send a Money Transfer to a designated receiver (the "Receiver") anywhere in
the world where Herat Exchange (“heratexchange.com”) offers its services
over the Internet (the "Service") using INTERAC Online or any other electronic payment
method ("Payment Method"). Money Transfers will normally be paid to the Receiver
in cash or bank deposit. Money Transfers are available for pick up by the Receiver
promptly after validation of Sender information which may take up to 24 hours, on
a "Will Call" basis, at Herat Exchange (“heratexchange.com”) agent locations
in the destination country. Certain money transfer services, transfers that exceed
certain principal amounts, and/or transfers to certain destinations may take longer
or be subject to additional restrictions. For certain international destinations,
a Test Question is required to be provided for some or all Money Transfers to that
destination, and in those destinations, the Receiver may be required to provide
either proper identification or the correct answer to the Test Question, or both,
to receive payment. Please contact Herat Exchange (“heratexchange.com”) at
the Customer Service telephone number listed below for current information regarding
the availability of Test Questions for your selected destination. Herat Exchange
(“heratexchange.com”) reserves the right to limit the principal amount of a
Money Transfer, or to decline to accept or pay any Money Transfer that it or its
agents determine in their sole discretion violates any applicable law or Herat Exchange
(“heratexchange.com”) policy. Please contact Herat Exchange (“heratexchange.com”)
at the Customer Service telephone number listed below for current
information regarding the conditions applicable to the service you have selected
or your expected payment location. When required by applicable law, Money Transfers
sent or received in Canada will be reported to federal, provincial, local and/or
foreign authorities. You will be required to provide Herat Exchange
(“heratexchange.com”) with certain information to allow us, among other things: to verify
your identity; to receive appropriate Payment Method authorization; and/or to complete
the transaction. Please refer to Herat Exchange (“heratexchange.com”) 's Online
Privacy Statement for information concerning Herat Exchange (“heratexchange.com”)
use of this and other personal information.
Transfer Fees. In consideration for the use of the Service, you agree to pay to
Herat Exchange (“heratexchange.com”) a fee for each Money Transfer initiated
by you at the applicable rate then in effect (the "Transfer Fee"). The applicable
Transfer Fee for your transaction will be provided to you prior to your final authorization
of the transaction, in addition to any applicable fees for additional services.
Currency Exchange. All payments will be made in the currency of the destination
country (except in a limited number of instances where payment can be made in the
sending currency). In addition to the transfer fees applicable to this transaction,
a currency exchange rate will be applied. Canadian currency is converted to foreign
currency at an exchange rate set by Herat Exchange (“heratexchange.com”).
Any difference between the rate given to customers and the rate received by
Herat Exchange (“heratexchange.com”) will be kept by Herat Exchange (“heratexchange.com”)
(and, in some cases, its international agents) in addition to the Transfer Fees.
Any refund in the event of non-payment will be made at the applicable exchange rate
as described above in effect at the time of reconversion into Canadian Dollar. For
information concerning the current currency exchange rates provided by Herat Exchange
(“heratexchange.com”) to its customers call +1 416-424-1700.
Payment. Transfer fees and the principal amount are due and payable before Herat Exchange
(“heratexchange.com”) processes the transaction. You must pay for the
Service with your Payment Method. If Herat Exchange (“heratexchange.com”)
does not receive authorization from the Payment Method issuer, the transaction will
be not be processed and funds will not be transmitted to the Receiver. Herat Exchange
(“heratexchange.com”) assumes no liability for damages resulting from
or arising out of non-payment of the Money Transfer by reason of non-receipt of
authorization from the Payment Method issuer. Each time you use the Service you
agree that Herat Exchange (“heratexchange.com”) is authorized to charge your
designated Payment Method account for the principal amount, the transfer fee and
any other applicable fees. (Your agreement with your Payment Method issuer governs
use of your Payment Method, and you must refer to that agreement to ascertain your
rights and liabilities as a user of your Payment Method, which may include a "cash
advance" fee.)
REFUNDS OF PRINCIPAL AMOUNT and cancellation of the Money Transfer will be made
upon written request of the Sender if payment to the Receiver has not yet been made
at the time the request is processed by Herat Exchange (“heratexchange.com”).
Refunds will be made within 45 days of receipt of a valid written request from the
Sender. REFUNDS OF FEES will be made upon written request of the Sender if the Money
Transfer is not available to the Receiver within the time specified by Herat Exchange
(“heratexchange.com”) for the selected service, subject to the business
hours of the location selected by the Receiver for payment and other special conditions.
Refunds will be made within 45 days of receipt of a valid written request from the
Sender.
TELEPHONE NOTIFICATION to the Receiver that the Money Transfer is available for
pick up is offered in Canada and certain international destinations. MESSENGER DELIVERY
of a Money Transfer cheque is available to selected international destinations.
SUPPLEMENTAL MESSAGES may be included with domestic and most international Money
Transfers.
If a Money Transfer is not picked up by the Receiver or is not cancelled by the
Sender prior to pick up within one (1) year of the date it was sent, there will
be a non-refundable administration charge where permitted by law. The administration
charge will be deducted from the principal amount of the Money Transfer. The administration
charge is fifty (50) cents per month from the date the Money Transfer was sent,
but not more than forty-two (42) dollars.
Any dispute or claim arising from or relating to this Money Transfer that involves
a claim by Sender for less than $10,000, exclusive of interest, arbitration fees
and costs, shall be settled by arbitration administered by the Canadian Arbitration
Association ("CAA") under its Arbitration Rules for the Resolution of Consumer Related
Disputes. Any other dispute or claim arising from or relating to this Money Transfer
shall be settled by arbitration administered by the CAA under its Commercial Arbitration
Rules, with such arbitration to be held in the most populous city in the province
from which the Money Transfer was sent, or in such other location as the parties
may mutually agree. Each party shall bear its own lawyer's, expert's and witness
fees, which shall not be considered costs of arbitration. Judgment on any award
rendered by the arbitrator may be entered in and enforced by any court having jurisdiction
thereof. The parties agree that neither of them shall have the right to participate
as a representative or a member of any class of claimants pertaining to any claim
subject to arbitration under this paragraph and that claims of third parties shall
not be joined in any arbitration between the parties. If any portion of this paragraph
is deemed invalid or unenforceable, it shall not invalidate the remaining portions
of this paragraph. THE PARTIES ACKNOWLEDGE AND AGREE THAT, EXCEPT AS EXPRESSLY PROVIDED
IN THIS PARAGRAPH, THEY ARE WAIVING ALL RIGHTS TO A TRIAL BY COURT OR JURY AS A
MEANS OF RESOLVING ANY DISPUTES ARISING OUT OF OR RELATING TO THIS MONEY TRANSFER.
IN NO EVENT SHALL HERAT EXCHANGE (“HERATEXCHANGE.COM”) BE LIABLE FOR DAMAGES
FOR DELAY, NONDELIVERY, NONPAYMENT OR UNDERPAYMENT OF THIS MONEY TRANSFER, OR ANY
SUPPLEMENTAL MESSAGE, WHETHER CAUSED BY NEGLIGENCE ON THE PART OF ITS EMPLOYEES
OR AGENTS OR OTHERWISE, BEYOND THE SUM OF $500 (in addition to refunding the principal
amount of the Money Transfer and the fees), unless the Sender has obtained a higher
liability limit by calling the telephone number set out at the bottom of this form
and paying an additional charge therefore. IN NO EVENT WILL HERAT EXCHANGE
(“HERATEXCHANGE.COM”) BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL
DAMAGES. THESE CONDITIONS CANNOT BE CHANGED OR SUPPLEMENTED ORALLY.
BY MAIL:
HERAT EXCHANGE LTD.
2 THORNCLIFFE PARK DR
EAST YORK, ON M4H 1H2
CANADA
BY TELEPHONE:
+1 416-424-1700
BY EMAIL:
INFO@HERATEXCHANGE.COM