Welcome to CendMate Inc., a Canadian corporation. By visiting our website and accessing the information, resources, services, products, and tools we provide, you understand and agree to accept and adhere to the following terms and conditions as stated in these Terms of Service (hereafter referred to as ‘User Agreement), along with the terms and conditions as stated in our Privacy Policy (as defined below):

• All visitors (“Site Visitors”) to Cendmate’s website located at https://www.cendmate.com/ (the “Website”)
• Anyone who downloads or uses (“Application Users”) CendMate’s mobile application (the “Application”)
• Anyone who enrolls for the Services of CendMate (“Clients”)

Site Visitors, Application Users, and Clients are referred to collectively as “Users”. The Website and the Application together with the Services (as defined below) and all content contained therein are referred to collectively as the “Resources” as further described in the User Agreement.

We reserve the right to change this User Agreement from time to time without notice by posting an updated copy of this User Agreement to the Site. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.

• Resources

By visiting our Website and accessing the information, resources, Services (as defined below), Applications, products, and tools we provide for you, either directly or indirectly (hereafter referred to as “Resources”), you agree to use these Resources only for the purposes intended as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations and generally accepted online practices or guidelines.

• Prohibited Usage
• In order to access our Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process (the ‘Registration Information’), or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date.
• You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your account.
• Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means.
• Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited.
• Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.
• You are solely responsible for any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.
• We may provide various open communication tools on our website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our website, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:
  • Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language
  • Infringes on any trademark, patent, trade secret, copyright, or other proprietary rights of any party
  • Contains any type of unauthorized or unsolicited advertising
  • Impersonates any person or entity, including any Company employees or representatives

We have the right at our sole discretion to remove any content that we feel in our judgment does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any third-party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.

• Eligibility

This is a contract between you and CendMate. You must read and agree to these terms before using CendMate’s Services. If you do not agree, you may not use the Service or any of the Resources. You may use the Service only if you can form a binding contract with CendMate, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. You are responsible for the acts of others utilizing your access to the Resources and will be held responsible for violations of the Service by persons who gain access to the Resources using your account or shared access. Any use or access to the Resources by anyone under the Minimum Age is strictly prohibited and in violation of this Agreement. The Resources are not available to any Users previously removed from the Service by CendMate.

“Minimum Age” means the greater of (i) 18 years old or (ii) the age required by applicable law if such law requires that you must be older in order for us to lawfully provide the Services to you without parental consent (including using of your personal data).

• Accountholder Responsibilities:

You agree to:

• use a strong password and keep it confidential and
• not transfer any part of your Account.

You are responsible for anything that happens through your Account unless you close it or report misuse. As between you and others (including your employer), your Account belongs to you. However, if the Services were purchased by another party for you to use, the party paying for such Service has the right to control access to and get reports, as applicable, on your use of such paid Service; however, they do not have rights to your personal Account.

• Reverse Engineering

You will not use the Resources to create a product or service with features that are substantially similar to or that re-create the features of another Company product or service.

• Limited License

Subject to the terms and conditions of this Agreement, you are hereby granted a nonexclusive, limited, non-transferable, non-sublicensable, freely revocable license to use the Resources for your personal, noncommercial use only and as permitted by the features of the Service. CendMate reserves all rights not expressly granted herein in the Resources and CendMate Content (as defined below). CendMate may terminate this license at any time for any reason or no reason.

• Type of Service, Eligibility and Account Access
• You will have only one Account where your Available Balance is located.
• Your Remittance Services may not be activated unless we have been provided with the required information so that we may identify you and can comply with all applicable Customer Due Diligence requirements. We shall keep records of such information and documents in accordance with all applicable legal and regulatory requirements. Reference to a currency (e.g. Euros € or Sterling £) shall mean that amount or the local currency equivalent in which your Account is denominated.
• Any Transaction on your Account in a currency other than the currency in which your Account is denominated will require a currency conversion using an Applicable Exchange Rate.
• The Available Balance on your Account will not earn any interest.
• The Remittance Services are not a credit or bank product, you must therefore ensure that you have a sufficient Available Balance from time to time to pay for your Transactions and applicable Fees as set forth on the Fee Schedule. If for any reason a Transaction is processed, and the Transaction amount exceeds the Available Balance, you must repay us the amount of such excess immediately and we shall be entitled to stop any existing or subsequent Transactions from proceeding.
• This Agreement does not give you any rights against the Account Schemes, its affiliates or any third party.
• Only persons over 18 years of age are entitled to register for the Remittance Services. Each time you seek to access the Account we will ask for your Access Codes (as defined herein). As long as the correct Access Codes are entered, we will assume that you are the person giving instructions and making Transactions and you will be liable for them, except to the extent provided for herein. We can refuse to act on any instruction that we believe: (i) was unclear; (ii) was not given by you; or (iii) might cause us to breach a legal or other duty; or if we believe the Remittance Service is being used for an illegal purpose.
• We will do all that we reasonably can to prevent unauthorized access to the Account.
• Use of the Remittance Services
• You may access your Account information by logging into your Account through our website. From here you will be able to view details on your Transactions, including dates, currencies, charges or exchange rates applied. This information is accessible at any time and can be stored and reproduced as necessary.
• You can use the Remittance Services up to the amount of the Available Balance for Transactions.
• If the Available Balance is insufficient to make a Transaction we will not permit you to combine the use of an Account with other payment methods.
• The value of each Transaction and the amount of any Fees payable by you under this Agreement will be deducted from the Available Balance.
• Once a Transaction is authorized, the relevant payment order may not be withdrawn (or revoked) by you after the time it is received by us, except for Direct Debits, for which you may revoke the payment order up until the end of the Business Day before the day agreed for debiting the funds. A Transaction will be deemed to have been received by us at the time you authorize the Transaction as follows:
  • A payment order for a Transfer or is provided to and received by us at the time it is issued by you via the Account
  • A request for a Direct Debit is deemed to be received on the agreed day (if the agreed day is not a Business Day, the request shall be deemed to have been received on the following Business Day).
• Any Direct Debit will remain in effect until revoked by you at the latest by the end of the Business Day preceding the latest execution date for the relevant Direct Debit. You accept responsibility for cancelling any Direct Debit on your Account with the relevant organization it was intended to pay. We will not be able to do this on your behalf and cannot accept liability for any losses due to late or non-cancellation of Direct Debits.
• Where a revocation of an authorized payment is agreed upon between you and CendMate, we may charge a Fee for revocation.
• We may refuse to authorize any use of the Remittance Services which could breach these terms and conditions or if we have reasonable grounds for suspecting that you or a third party have committed or are planning to commit fraud or any other illegal or unpermitted use of the Remittance Services.
• Your ability to use or access the Remittance Services may occasionally be interrupted, for example, if we need to carry out maintenance on our systems. Please contact customer services via our website to notify us of any problems you are experiencing using your account and we will endeavour to resolve any problem.
• You agree to only use the Remittance Services for lawful purposes and to adhere at all times to all laws, rules and regulations applicable to the use of the Remittance Services, including the terms of this Agreement.
• You may not use the Remittance Services to receive or transfer any funds on behalf of any other natural person or legal entity.
• Access by Third-Party Providers
• You may consent to regulated third-party providers (PISPs or AISPs) accessing your account online to make payments or obtain information about balances or Transactions on your account.
• The PISPs and/or AISPs must be appropriately registered and authorized in accordance with PSD2. You should check with the regulatory authority of the relevant country before giving consent to the relevant PISP/AISP.
• Any consent you give to a third-party provider is an agreement between you and it, we will have no liability for any loss whatsoever, as a result of any such agreement. Before giving consent, you should satisfy yourself as to what degree of access you are consenting to, how it will be used and to whom it may be passed on.
• You should make yourself aware of any rights to withdraw the consent of access from the third-party provider and what process it has in place to remove access.
• To the extent permitted by law or regulation and subject to any right to refund you may have under this Agreement, between you and us, we are not responsible for any actions that the relevant third party takes in relation to suspending or terminating your use of their service or for any resulting losses. We are also not responsible for, or a party to, any agreement that you enter into with any relevant third party. You should make sure that you read and comply with such agreement or other applicable policies and note that this Agreement will continue to apply between us including to any Remittance Services and our Fees as stated continue to apply.
• Where appropriate, we may deny access to your Account, to any third party where we consider such access to be a risk of money laundering or terrorism financing, fraud or other criminal activity. Should we need to take these actions and where possible, we will give reasons for doing so unless restricted by law or for internal security reasons.
• Identity Verification
• If you enter into transactions over the internet, some websites require you to enter your name and address. In such cases, you should supply the most recent address which has been registered with us by you as the Account address. The Account address is also the address to which we will send any correspondence.
• You must notify us within 7 days of any change in the Account address or your other contact details. You can notify us by contacting Customer Services who may require you to confirm such notification in writing. You will be liable for any loss that directly results from any failure to notify us of such a change as a result of undue delay, gross negligence or fraud. We will need to verify your new Account address and shall request the relevant proof from you.
• We reserve the right at any time to satisfy ourselves as to your identity and home address (for example, by requesting relevant original documents) including for the purposes of preventing fraud and/or money laundering. In addition, at the time of your application or at any time in the future, in connection with your Account, you authorize us to perform electronic identity verification checks directly or using relevant third parties.
• Termination or Suspension of Your Account and/or Processing of Transactions
• We may terminate this Agreement and your use of the Remittance Services with prior notice of at least 2 months.
• This Agreement and your use of the Remittance Services will also end when your ability to initiate all Transactions ceases.
• We may terminate or suspend, for such period as may reasonably be required, your use of the Remittance Services in whole or in part at any time or the processing of any Transaction(s) if:
  • there is any fault or failure in the relevant data processing system(s)
  • we reasonably believe that you have used or are likely to use the Remittance Services, or allow them to be used, in breach of this Agreement or to commit an offence;
  • any Available Balance may be at risk of fraud or misuse
  • we suspect that you have provided false or misleading information
  • we are required to do so by law, the police, a court or any relevant governmental or regulatory authority
  • required to fulfil our legal obligations in relation to the fight against money
  • laundering and financing of terrorism
  • there is suspicion of unauthorized or fraudulent access to or use of your Account or
  • that any of its security features have been compromised, including the unauthorized or fraudulent initiation of a Transaction
  • we have reasonable grounds to believe you are carrying out a prohibited or illegal activity
  • we are unable to verify your identity or any other information pertaining to you, your Account or a Transaction
• Where it is practicable and lawful for us to do so or would not compromise reasonably justified security reasons, we will notify you via email of the suspension or restriction and the reasons for it before such measures take place or immediately thereafter.
• We will reinstate your Account or execute the relevant Transaction(s) as soon as practicable after the reasons pursuant hereto no longer apply or exist.
• If you wish to terminate the Remittance Services at any time, you must request termination and the return of your Available Balance by email to our address in herein from the email address registered in your Account. Our Customer Services department will then suspend all further use of your Remittance Services.
• Once we have received all the necessary information from you (including any Customer Due Diligence) and all Transactions and applicable Fees and charges have been processed, we will refund you any available balance less any fees and charges payable to us, provided that:
  • you have not acted fraudulently or with gross negligence or in such a way as to give rise to reasonable suspicion of fraud or gross negligence; and
  • we are not required to withhold your available balance by law or regulation, or at the request of the police, a court or any regulatory authority.
• Once the Remittance Services have been terminated, it will be your responsibility to destroy the Account(s) that were provided to you.
• If, following reimbursement of your Available Balance, any further Transactions are found to have been made or charges or Fees incurred using the Account(s) or we receive a reversal of any prior funding Transaction, we will notify you of the amount and you must immediately repay to us such amount on demand as a debt.
• Liability for Unauthorized or Incorrectly Executed Transactions
• Subject to this Agreement we will reimburse you in full for all unauthorized Transactions sent from your Account immediately and in any event no later than the end of the following Business Day after noting or being notified of the Transaction (except where we have reasonable grounds for suspecting fraud), provided that you have informed us of the unauthorized Transaction without undue delay after becoming aware of the Transaction and in any event, no later than 13 months after the Transaction was executed. Where applicable, we shall restore your Account to the state in which it would have been had the unauthorized Transaction not taken place, so that the credit value date shall be no later than the date the amount had been debited.
• You may be liable for losses relating to any unauthorized Transactions up to a maximum of £35 resulting from the use of a lost or stolen Account or the misappropriation of your Account unless the loss, theft or misappropriation was not detectable to you prior to payment (except where you acted fraudulently) or was caused by acts or lack of action of our employee, agent, branch or service provider.
• You are liable for any losses incurred by an unauthorized Transaction if you have acted fraudulently or failed either intentionally or through gross negligence, to use your Account in accordance with the terms of this Agreement or to keep your Access Codes confidential and secure in accordance herewith.
• You shall not be liable for losses incurred by an unauthorized Transaction which takes place after you have notified us of a compromise of your Access Codes according to the terms hereof, unless you have acted fraudulently, or where we have failed to provide you with the means to notify us in the agreed manner without delay on you becoming aware of the loss, theft, misappropriation or unauthorized use of your Account or Account.
• We shall not liable for a refund or losses incurred by an incorrectly or non-executed payment Transaction if the details of the payee’s account provided by you were incorrect or we can prove that the full amount of the Transaction was duly received by the Remittance Service provider of the payee.
• We shall not be liable for any unauthorized or incorrectly executed Transactions in case the Transaction was affected by abnormal and unforeseeable circumstances beyond our reasonable control or where we acted in accordance with a legal obligation.
• Where we are liable for the incorrect execution of a Transfer that you receive under this Agreement, we shall immediately place the amount of the Transaction at your disposal in accordance and credit the corresponding amount to your Account no later than the date on which the amount would have been valuing dated, had the Transaction been correctly executed.
• Where we are liable for the incorrect execution of a Payment, Transfer or by you as payer, we shall, without undue delay, refund to you the amount of the non-executed or defective transaction, and, where applicable, restore the debited Account to the state in which it would have been had the defective Transaction not taken place.
• In the case of a non-executed or defectively executed Payment, Transfer or by you as payer, we shall, regardless of whether we are liable, on request, make immediate efforts to trace the Transaction and notify you of the outcome, free of charge.
• If at any time we have incorrectly deducted money from your Available Balance, we shall refund the amount to you. If we subsequently establish that the refunded amount had been correctly deducted, we may deduct it from your Available Balance and may charge you a Fee. If you do not have sufficient Available Balance, you must repay us the amount immediately on demand.
• Termination of Use
• Generally

You agree that we may, at our sole discretion, suspend or terminate your access to all or part of the Resources with or without notice and for any reason, including, without limitation, breach of this User Agreement, and nonpayment of any Fees. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any Registration Information.

• Limitation of Liability
• As-is

By using our website, you understand and agree that all Resources we provide are “as is” and “as available”. CendMate makes no representations or warranties that:

the use of our Resources will meet your needs or requirements; the use of our Resources will be uninterrupted, timely, secure and free from errors; the information obtained by using our Resources will be accurate or reliable; and any defects in the operation or functionality of any Resources we provide will be repaired or corrected.

Furthermore, you understand and agree that (i) any content downloaded or otherwise obtained through the use of our Resources is done at your own discretion and risk and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content, and (ii) no information or advice, whether expressed, implied, oral or written, obtained by you from CendMate or through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement. You authorize your wireless carrier to use or disclose information about your account and your wireless device, if available, to us or our service provider for the duration of your business relationship, solely to help them identify you or your wireless device and to prevent fraud. See our Privacy Policy for how we treat your data.

• Warrants

Use of the Service is at your own risk. To the maximum extent permitted by applicable law, the Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. No advice or information, whether oral or written, obtained by you from CendMate or through the Service will create any warranty not expressly stated herein. Without limiting the foregoing, CendMate, its subsidiaries, its affiliates, and its licensors do not warrant that the content is accurate, reliable or correct; that the Service will meet your requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the Service. Further, CendMate does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or service, and CendMate will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.

Federal law, some states, provinces and other jurisdictions do not allow the exclusion and limitations of certain implied warranties, so the above exclusions may not apply to you. This Agreement gives you specific legal rights, and you may also have other rights which vary from state to state. The disclaimers and exclusions under this Agreement will not apply to the extent prohibited by applicable law.

• Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall CendMate, its affiliates, agents, directors, employees, suppliers or licensors be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Service. Under no circumstances will CendMate be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Service or your account or the information contained therein.

To the maximum extent permitted by applicable law, CendMate assumes no liability or responsibility for any:

• errors, mistakes, or inaccuracies of content
• personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service
• any unauthorized access to or use of our secure servers and/or any and all personal information stored therein
• any interruption or cessation of transmission to or from the Service; any bugs, viruses, trojan horses, or the like that may be transmitted to or through our service by any third party
• any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service
• User Content or the defamatory, offensive, or illegal conduct of any third party
• any act, omission, transaction, or exchange of services by and between Users
• injury or harm resulting from or in connection with advice, counselling, or services given by Providing Users to Client Users. In no event shall CendMate, its affiliates, agents, directors, employees, suppliers, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount you paid to CendMate hereunder or $100.00, whichever is greater

This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if CendMate has been advised of the possibility of such damage. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. This Agreement gives you specific legal rights, and you may also have other rights which vary from state to state. The disclaimers, exclusions, and limitations of liability under this Agreement will not apply to the extent prohibited by applicable law.

• Indemnification

You agree to defend, indemnify and hold harmless CendMate and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors (the “Indemnified Parties”), from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses including but not limited to attorney’s fees (each, a “Claim”) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) User Content or any content that is submitted by you including without limitation misleading, false, or inaccurate information; (vi) your willful misconduct; or (vii) any other party’s access and use of the Service with your unique username, password or other appropriate security code.

• Third-party Content

This User Agreement does not apply to the websites or services of any other person or entity. We may provide, or third parties may provide, links to other worldwide websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse (and are not responsible or liable for) any content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that, under no circumstances, will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, advertisements, products or other resources available on any other website (regardless of whether we directly or indirectly link to such content, advertisements, products or other resources). You should direct any concerns with respect to any other website to that website’s administrator or webmaster.

• Security

CendMate cares about the integrity and security of your personal information. CendMate uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information and implement your privacy settings. However, we cannot guarantee that unauthorized third parties will ever be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

• No Professional Advice

If the Service provides professional information (for example, legal or financial), such information is for informational purposes only and should not be construed as professional advice. No action should be taken based on any information contained in the Service. You should seek independent professional advice from a person who is licensed and/or qualified in the applicable area.

• Disclaimers

CendMate shall not be liable:

• if you are unable to use the Account or Remittance Services for any valid reason stated in this Agreement
• For any fault or failure beyond our reasonable control relating to the use of the
• Remittance Services, including but not limited to, a lack of Available Balance or fault in or failure of data processing systems
• For any loss, fault or failure relating to the use of a Third-Party Provider
• If a Merchant refuses to accept a Payment or fails to cancel an authorization or preauthorization
• For the goods or services that are purchased with your Account
• For any dispute, you might have with a Merchant or other user of the Remittance Service where you acted with undue delay, fraudulently, or with gross negligence (including where losses arise due to your failure to keep us notified of your correct personal details)
• To the Fullest Extent Permitted by Relevant law, Our Total Liability Under of Arising from this Agreement shall be limited as follows

where your Account is faulty due to our default, our liability shall be limited to replacement of the Account or, at our choice, repayment to you of the Available Balance; and in all other circumstances of our default, our liability will be limited to repayment of the amount of the Available Balance

• Authorized Use

You agree that you will not use the Remittance Services in an illegal manner and you agree to indemnify us against any claim or proceeding brought about by such illegal use of the Remittance Services by you. Nothing in this Agreement shall exclude or limit either Party's liability in respect of death or personal injury arising from that party's negligence or fraudulent misrepresentation. No party shall be liable for or be considered in breach of this Agreement on account of, any delay or failure to perform as required by this Agreement as a result of any causes or conditions which are beyond such Party's reasonable control.

• Regulatory Information

All relevant funds corresponding to your Available Balance are segregated from our funds and held in the Customer Funds Account in accordance with the safeguarding requirements of the Electronic Money Regulations 2011 by law. In the event that we became insolvent, those funds are protected against claims made by any of our creditors.

• Miscellaneous Provisions
• Choice of Forum & Governing Law

Any disputes related to this agreement shall be heard exclusively in the courts of the City of Vancouver, British Columbia, and the law of the Province of British Columbia shall apply.

• Severability

If any provision of this User Agreement shall be unlawful, void, or for any reason is unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.

• Amendments

We may modify this Contract, our Privacy Policy and our Cookies Policy from time to time. If we make material changes to it, we will provide you notice through our Site, or by other means, to provide you with the opportunity to review the changes before they become effective. We agree that changes cannot be retroactive. If you object to any changes, you may close your account and terminate your use of the Resources. Your continued use of the Resources after we publish or send a notice about our changes to these terms means that you are consenting to the updated terms as of their effective date.

• Assignment

We may assign our rights and obligations under this User Agreement. This User Agreement will inure to the benefit of our successors, assigns and licensees.

• Waiver

The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of this User Agreement, or to exercise any right under this User Agreement, will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full force and effect

• Business Days

If any time period for giving notice or taking action hereunder falls on a day which is a Saturday, Sunday or legal holiday in Vancouver, British Columbia, the time period shall automatically be extended to the business day immediately following such Saturday, Sunday or legal holiday.

• Notices

Key information relating to your Transactions will be provided to you at the email address you register with us and/or in your Account. You may access, download and print this information at any time by logging in to your Account. In addition, you agree that we may provide notices or other information to you from time to time by posting it in your Account, emailing it to your registered email address, mailing it to your registered physical address, calling you by phone or sending you mobile messages. Notices to you by email or mobile messages shall be deemed given 24 hours after the email is sent unless the sending party is notified that the email address is invalid. Notices sent by registered mail shall be deemed to have been received three days after the date of mailing. You may contact us as specified in Section 11.

• Construction

In the event an ambiguity or question of intent or interpretation arises, this User Agreement shall be construed as if drafted jointly by the Parties and no presumption or burden of proof shall arise favouring or disfavoring any Party by virtue of the authorship of any of the provisions of this Agreement. Any reference to any law shall be deemed also to refer to all rules and regulations promulgated thereunder unless the context requires otherwise. The English language shall be the controlling language for purposes of the definitive interpretation of this Agreement. The word “including” shall mean including without limitation. Pronouns shall be deemed to refer to the masculine, feminine, and neutral and to the singular or plural as context requires. The section headings are included for convenience purposes only and shall not affect the meaning or construction of the substantive provisions hereof. The Recitals are incorporated into this Agreement by reference as if fully set forth herein. Each of CendMate and you are referred to as a “Party” and together, the “Parties”.

All remittance transactions are final.

If you have any questions or comments about this User Agreement as outlined above, you can contact us at:

Customer Service: support@cendmate.com

Complaint Team: support@cendmate.com