NorthStar Currency Ltd.
- This Site
NorthStar Currency Ltd. designs and maintains www.northstarcurrency.com (the “Site”) as a means of providing information regarding our company and various services that we make available. As used on the Site, the terms “you” and “your” means any person who views, accesses, uses, or obtains information from the Site or who obtains information by monitoring activity to and from the Site.
- Acceptance of the Terms and Conditions
Please read this Agreement carefully. We reserve the right to amend this Agreement at any time and from time to time by posting a revised Agreement on the Site. This Agreement was last revised on the date provided below. If you use the Site after an amended Agreement has been posted, you will be deemed to have agreed to such amended Agreement. You may want to periodically visit this page to view the most recent Agreement.
- AUTHORITY TO TRADE – BUSINESSES OR ORGANIZATIONS
a. You must provide NorthStar Currency with a list of one or more employees who have authority to enter into Trades on your behalf and/or who have authority to provide NorthStar Currency with settlement and delivery instructions for completed Trades. You represent that each such employee has authority to enter into Trades on your behalf and/or to provide NorthStar Currency with settlement and delivery instructions for completed Trades and that any such Trade will be enforceable against you. Any restrictions on an employee’s authority to deal with NorthStar Currency previously communicated by you to NorthStar Currency are deemed to be superceded by your representation in this Agreement as to that employee’s authority to enter into Trades, unless you specifically advise NorthStar Currency that those restrictions are also applicable to that employee’s authority to enter into Trades.
b. You must also provide NorthStar Currency with a list of one or more Principals on behalf of which you intend to purchase or sell Currencies. You represent that you have full discretionary authority to purchase and sell Currencies on behalf of each of those Principals and that each Trade entered into on behalf of a Principal will be enforceable by NorthStar Currency against the Principal in accordance with its terms.
c. These representations are deemed to be repeated on each date on which you enter into a Trade. You will indemnify and hold harmless NorthStar Currency from and against all claims, costs, losses and expenses incurred by NorthStar Currency arising out of, or in respect of, any claim that an employee was not authorized to enter into a Trade on your behalf and/or provide NorthStar Currency with settlement and delivery instructions for completed Trades, or that you were not authorized to enter into or perform a Trade for a Principal or that a Trade for a Principal is otherwise not enforceable against the Principal by NorthStar Currency. This indemnity will survive the completion of any Trade or the termination of this Agreement.
- Permitted Use of the Site; Restrictions
You will access and use the Site solely for your personal purposes. You will not post, publish, reproduce, transmit, distribute or otherwise view, use or exploit the Site or any Content in a manner that: (1) is inconsistent with this Agreement; (2) violates any federal, state or local law, rule, regulation or order, or (3) could damage, disable, overburden, or impair the Site or interfere with any other party”s use and enjoyment of the Site. You acknowledge and agree that the Site and the Content includes subject matter that is owned by us or other third parties and is protected under copyright, trademark and other intellectual property laws. Unauthorized use of the Site or the Content may violate such intellectual property laws or other laws relating to privacy and publicity. The violation of such laws may give rise to civil and/or criminal penalties.
You agree that you will not interrupt or attempt to interrupt the operation of this Site in any way. You will not impersonate any person or entity, or misrepresent your affiliation with a person or entity, or misrepresent the origin of any information that you provide to us. You agree that your use of the Site will at all times be for a lawful purpose and you agree to comply with all applicable laws and regulations in your use of the Site. Possible evidence of use of this Site for illegal purposes may be provided to law enforcement authorities.
You will not transmit, distribute, introduce or otherwise make available in any manner through the Site any computer virus, key-loggers, spyware, worms, Trojan horses, timebombs or other malicious or harmful programming (collectively, “Viruses”). We do not have an obligation to detect the presence of such Viruses. If you download software or any other Content from the Site, you do so at your own risk.
- Intellectual Property Rights
You acknowledge that this Site and various elements contained therein are protected by copyrights, trademarks, trade secrets, patents, or other proprietary rights, and that these worldwide rights are valid and protected in all forms, media, and technologies existing now and hereinafter developed. You also acknowledge that the Content is and shall remain our property or the property of our licensors. You agree to comply with all intellectual property laws and you shall not encumber any interest in, or assert any rights to, the Content. You may not modify, transmit, participate in the sale or transfer of, or create derivative works based on any Content, in whole or in part. However, you may print a reasonable number of copies of the Content for your personal use provided that you maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices.
The trademarks, logos and service marks appearing on this Site, including, but not limited to, the trademarks: “NorthStar Currency” are trademarks and service marks of NorthStar Currency Ltd. Other company, product, and service names and logos used and displayed on this Site may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to us. Nothing on this Site should be construed as granting, by implication or otherwise, any license or right to use any of trademarks and service marks displayed on this Site, without our prior written permission in each instance.
The Content of this Site is protected by copyright law. All such Content is also copyrighted as a collective work under the copyright laws, and we own a copyright in the selection, coordination, arrangement, and enhancement of such Content.
- Copyright Complaints
If you believe this Site contains Content that infringes your copyright, please provide the information listed below to our designated agent (listed below) for claims of copyright infringement:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed;
- A description of the information that you claim to be infringing and a description of where the material that you claim is infringing is located on the Site;
- A description of the copyrighted work that you claim has been infringed;
- Your full contact information, including address, telephone number and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or duly authorized to act on the copyright owner’s behalf.
- Feedback and Submissions.
Unless we specifically provided otherwise, all feedback or submissions of any kind that you submit to this Site (the “Contributions”) are hereby received on a non-confidential basis and shall, to the fullest extent permissible under applicable law, become our property. To the extent that applicable law does not provide us with an ownership interest in any Contributions, you agree that by providing us with the Contributions you are granting us any of our affiliated companies and sub licensees a perpetual, royalty-free, irrevocable worldwide license to use, transmit, copy, reproduce, distribute, publicly display or perform, and to prepare derivate works based upon the Contributions. By submitting or otherwise making the Contributions available to us, you represent and warrant that you own or control all rights in such Contributions necessary to post, upload, input, submit or otherwise make them available to us, and to provide us with either ownership or licensed rights under this section of the Agreement. You understand that your Contributions will not be confidential and that no compensation will be paid to you with respect to your Contributions. Despite the rights granted to us herein, we are under no obligation to in any way use, post, or otherwise make such Contributions available.
- Linking and Framing
We prohibit the use of any links to the Site from any other websites unless establishment of such a link is approved in advance by us in writing. You may not frame any elements of this Site with any other website without our prior written permission.
- Links to Other Web Sites.
This Site may periodically provide links to third-party websites (“Third-Party Sites”). This Agreement governs only this Site and not any Third-Party Sites. Our decision to link to a Third- Party Site is not an endorsement of the content, products or services in the Third-Party Site. We do not control these Third-Party Sites and expressly disclaims any responsibility for the content, the accuracy of the information and any products or services available on the Third-Party Sites. We have not investigated or monitored the Third Party Sites for accuracy or completeness. The Third Party Sites may have different privacy policies and security standards than our Site. We are not responsible if any terms shown on our Site differ from those shown on the Third-Party Sites. If you decide to access linked Third-Party Sites, you do so at your own risk.
- Disclaimer of Warranties
YOU ACKNOWLEDGE AND AGREE THAT THIS SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NONE OF NORTHSTAR CURRENCY LTD, ITS AFFILIATES, SUBSIDIARIES OR ITS OR THEIR OFFICERS, MANAGERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY THE “NORTHSTAR CURRENCY PARTIES”) GUARANTEES THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY, SUITABILITY OR USEFULNESS OF ANY PORTION OF THE SITE. NONE OF THE NORTHSTAR CURRENCY PARTIES WARRANT THAT THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT ANY SPECIFIC INFORMATION THAT IS REQUESTED WILL BE PROVIDED OR THAT THIS SITE OR ITS SERVER ARE OR WILL BE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL ELEMENTS. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THIS SITE AND THE ACCURACY, TIMELINESS OR COMPLETENESS OF THE CONTENT OR SERVICES IS ASSUMED SOLELY BY YOU.
NONE OF THE NORTHSTAR CURRENCY PARTIES MAKES ANY, AND HEREBY SPECIFICALLY DISCLAIMS ANY AND ALL, REPRESENTATIONS, ENDORSEMENTS, GUARANTEES, AND WARRANTIES, EXPRESS OR IMPLIED, REGARDING THIS SITE, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. YOU UNDERSTAND AND AGREE THAT ANY CONTENT, MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS USED AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, MATERIAL AND/OR DATA.
- Limitation of Liability
UNDER NO CIRCUMSTANCES WILL ANY OF THE NORTHSTAR CURRENCY PARTIES BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THIS SITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THIS SITE. IN NO EVENT SHALL ANY OF THE NORTHSTAR CURRENCY PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THE SITE OR THIS AGREEMENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR NEGLIGENCE, CONSEQUENTIAL, INCIDENTAL OR OTHER DAMAGES, IN SUCH JURISDICTIONS THE NORTHSTAR CURRENCY PARTIES’ LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS SITE IS TO STOP USING THIS SITE.
In the event that any portion of this Agreement is held to be invalid or unenforceable, then such portion shall be construed in accordance with the applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of this Agreement shall remain in full force and effect. The sections of this Agreement entitled Intellectual Property Rights, Disclaimer of Warranties, Limitation of Liability, Governing Law; Disputes and Miscellaneous shall survive the termination of this Agreement. This Agreement contains the entire agreement of the parties concerning your use of this Site and supersedes all existing agreements and all other oral, written or other communication between the parties concerning its subject matter. We reserve the right to change, suspend, or discontinue all or any part of this Site or the Content at any time without prior notice or liability. You expressly absolve and release the NorthStar Currency Parties from any claim of harm resulting from a cause beyond their control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labor problems, wars, terrorist activities or governmental restrictions. You may not assign this Agreement. No waiver shall be effective unless in writing. The paragraph headings herein are provided only for reference and shall have no effect on the construction or interpretation of this Agreement. You expressly agree not to export or re-export any of the Content to countries or persons prohibited under the export control laws of Canada.
The payment processing services referenced under this User Agreement are provided on behalf of your Designated School by NorthStar Currency Ltd.
In the event you choose to pay with a credit card issued in any location, this User Agreement will be an agreement between you and NorthStar Currency Ltd. For any other transaction, this User Agreement is an agreement between you and NorthStar Currency Ltd.
The terms ‘you’ and ‘your’ refer to users of the Service. NorthStar Currency Ltd. shall have the right, at its sole discretion, to modify, add, or remove any terms or conditions of this User Agreement at any time. You will be notified of any changes through a posting on the Site, a notification in the Service, or via e-mail. Any and all changes shall be effective immediately following the posting of such changes. The most recent version of this Agreement may be found at www.northstarcurrency.com/terms. You agree to review this Agreement from time to time and agree that any subsequent use by you of the Services following the New Effective Date shall constitute your acceptance of all such Changes. If you do not agree to any or all of the Changes, you must stop using the Service immediately and notify us through the contact information at the end of this document.
- OVERVIEW OF THE SERVICE
The Service is a proprietary service made available by NorthStar Currency. The Service was created to allow international students and their families to pay their tuition and related payments to designated NorthStar Currency secondary schools, colleges and universities for which NorthStar Currency Ltd. and its affiliates serve as payment agents (each a “Designated School”). You are prohibited from using the Service to send money to persons or entities other than the Designated Schools.
The Service is provided by NorthStar Currency Ltd to process payments, as agent and on behalf of, Designated Schools from people generally located in countries outside of Canada and the United States for tuition and related payments. For purposes of this Agreement, the ‘Destination Country’ is the country in which the Designated School receives payment through the Service.
As used in this User Agreement, a ‘Transaction’ is a notification to the Designated School, and NorthStar Currency on the School’s behalf, that payment will be directed to the School through the Service. The Amount Received is the payment amount received from the student or a related party, excluding applicable fees and prior to any foreign exchange conversion conducted by NorthStar Currency for the Designated School. The ‘Amount Paid’ is the amount the Designated School will receive in its local currency, excluding any taxes or charges that may be levied under the laws of the Destination Country (the ‘Local Taxes’).
- ACCESSING THE SERVICE AND SITE
- Eligible Users. You must be at least eighteen (18) years old to access or use the Service or Site. You must be able to form legally binding contracts under the applicable law of the location from which you access this Service. Other restrictions may apply.
- Not Available to Certain Residents. The Service may not be available in whole or part in different locations, countries, and jurisdictions. We will inform you in the process of signing up whether we can serve your jurisdiction.
ACCESSING THE SERVICE AND SITE
- NorthStar Currency’s Role.
You acknowledge that the payments made by you to Designated School are transactions between you and the Designated School and not NorthStar Currency Ltd. NorthStar Currency Ltd. is a third-party service provider facilitating payment processing as agent and on behalf of the Designated School and is not a party to any payment processed through the Service. Further, NorthStar Currency Ltd. is not a financial institution, money transmitter or money services business, and does not receive, hold, process or transfer any funds on your behalf. NorthStar Currency Ltd. is not responsible if you do not complete a payment initiated by you to a School.
- Payments Accepted on Behalf of Schools.
You agree to pay to us, on behalf of Designated School, the amount you indicated when you submitted notice of the Transaction through the Site. If additional charges apply to the processing of this transaction for the Designated School, we will notify you. Payment is due to the Designated School through the Service at the time you submit your Transaction through the Site. If as a result of your Transaction we are charged with NSF fees, chargeback or reversal fees, or other similar fees, you agree to reimburse us for all such fees. In some instances, for Transactions funded from the sender’s bank account, you agree that we or our Service Provider may charge your bank account for less than the amount of the transfer as part of our effort to confirm ownership of the account.
- Transaction Booking.
A payment transaction can only be processed to Designated School if a booking is created through the site or website of a service provider. In the event that a booking is not created, NorthStar Currency Ltd. will be unable to process a payment transaction until a booking has been created. Additionally, we will not be responsible for any delays in processing or additional charges that may occur when we receive a payment with no booking, such as, but not limited to movements of the currency market, which may, or may not, result in a payment losing value.
- Wire Transfer/Direct Debits.
In order for us to process a wire debit received for the Designated School in a timely manner, you must diligently follow the instructions sent to the email address you provided when you notified us of the Transaction through the Site, or the website of a Service Provider for the Service that you were referred to through the Site. You will need to either take the instructions to your financial institution or, if available, process the wire transfer or direct debit via your financial institution’s online portal. Our Service Providers may make available additional options for you to initiate a wire transfer/direct debit through their services. We do not have access to your bank account, so if your payment fails or is insufficient, you must resubmit the payment. You agree that, when you book a Transaction to a Designated School through the Service, if you will be initiating a payment from your bank account, that your account is denominated in the same currency as the Transaction booking information. Please do not make a payment to any account number other than that provided in the instructions.
- Credit/Debit Card Payments.
NorthStar Currency Ltd. may make available you the option to pay the Designated School by credit or debit card. If this option is available, your card will be charged in your local currency by NorthStar Currency Ltd. on behalf of your Designated School for the amount of the payment and any applicable fees or charges, which will be disclosed to you prior to your initiating the transaction.
- YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE OR ARE OWNER OF, AS APPLICABLE, ANY BANK ACCOUNT, CREDIT OR DEBIT CARD, OR OTHER PAYMENT METHOD USED TO INITIATE A PAYMENT THROUGH THE SERVICE.
- Effective Date of Payment to School.
Once NorthStar Currency Ltd. receives funds on behalf of the Designated School, your payment to the Designated School will be considered paid and your obligation to the school discharged. You will receive a payment confirmation email alerting you to NorthStar Currency’s receipt of your funds, and this will constitute proof of payment for your Transaction to the Designated School. Please note that the Designated School may take three or more business days to reflect payment in its student account system.
Fees and Other Charges.
Any fees imposed for use of a wire transfer, credit or card will be disclosed to you prior to your initiating the transaction. We are not responsible for any fees or charges for the Transaction that may be imposed by a financial institution or other payment provider, including Service Providers, associated with your transaction. We are not responsible for any insufficient funds charges, chargeback fees, or other, similar charges that might be imposed on you by your bank or other provider or a Service Provider.
- Eligible Users. You must be at least eighteen (18) years old to access or use the Service or Site. You must be able to form legally binding contracts under the applicable law of the location from which you access this Service. Other restrictions may apply.
- ACCESS TO YOUR INFORMATION
You can access, modify or update your personal information submitted on our Site by logging into your account and changing your preferences. However, be aware that if the changes are substantial and/or directly affect the processing of the Transaction, it might also affect the timeframe in which your payment is settled to the school or it might be cancelled completely.
- PROTECTION OF YOUR PERSONAL INFORMATION
NorthStar Currency Ltd. takes security of personal information submitted on our Site seriously. We apply stringent security measures, similar to those used by financial institutions to protect non-public personal information from unauthorized use or access. While we cannot guarantee complete security of your information, our security program integrates infrastructure, applications, and processes to provide comprehensive, layered data protection of – starting with our 256-bit SSL Certificate.
SSL, which stands for Secure Sockets Layer, is a protocol that allows traffic between a web server and client (ie, the browser) to be strongly encrypted, using public key technology. Access to a SSL-enabled server is made through URLs that begin with https://www. . . rather than http://www. . . All traffic in both directions is encrypted. The secure server must present a digital certificate before the connection will be trusted by the client.
All NorthStar Currency Ltd. profiles (student profiles as well as host profiles) are password- protected. Users may change their passwords or limit access to their profiles at any time, via their own personal dashboard – which appears after a secure log in.
- CHOICES YOU CAN MAKE ABOUT OUR USE OF YOUR INFORMATION
We may work with local banks, foreign exchange providers and other third- party service providers (each, a ‘Service Provider’) to receive and/or to settle payments to a Designated School’s bank account.
We may, at any time, for any reason or no reason, in our sole discretion without notice to you, refuse any Transaction or limit the amount to be received on behalf of a Designated School from you, either on a per Transaction basis or on an aggregated basis. Any such limits may be imposed on individual accounts, linked accounts, or on related accounts or households, in NorthStar Currency’s sole discretion. We reserve the right at any time, and from time to time, to modify or discontinue the Service (or any part thereof) with or without notice.
Your Transaction may be delayed or cancelled in the course of our efforts verify your identity, validate your Transaction instructions, contact and locate you, and otherwise comply with internal protocols of verification of identity against government- issued sanctions or watch lists, or any other applicable Provincial and Federal law. Business hours and currency availability may also cause a delay. Nevertheless, you may be entitled to a refund in certain circumstances, at our discretion, as described herein.
- Unauthorized Use of Service.
The Service is only intended for the processing payments by an international student to a Designated School, and you are prohibited from using the Service for any other purpose. You may not submit a Transaction on behalf of any other person unless there is a legal reason and provided there is a relationship between the parties.
- Unauthorized Transactions.
You may not use the Service in violation of this Agreement or applicable laws, rules or regulations. It is a violation of the User Agreement to use the Service for any of the following activities (without limitation): sexually-oriented materials or services, gambling activities, fraud, and money- laundering, the funding of terrorist organizations, or the purchase or sale of tobacco, firearms, prescription drugs, or other controlled substances. If you use the Service in connection with illegal conduct, NorthStar Currency reserves the right to cancel the booked transaction and report you to the appropriate law enforcement agency or agencies.
The Service may not be available to all customers at all times. We may, our sole discretion, refuse Transactions funded from certain payment instruments. We may, at our sole discretion, refuse Transactions from certain payors and to certain Designated School(s), including without limitation, entities and individuals that are included on the Specially Designated Nationals list, Non-cooperative Countries and Territories list, and such other sanctions or watch lists as may be issued from time to time by the U.S. Department of Treasury and other government agencies.
- Exchange rate:
The exchange rate of which you are notified in the provided to you for a particular Transaction is effective only for the amount you indicated you will pay the Designated School pursuant to that Transaction and not for any other transaction(s). The Amount Received will be the only amount processed by NorthStar Currency Ltd. on the School’s behalf at the exchange rate stated in the instructions for that Transaction. If there are transactions with missing amount, the additional amounts might not be considered for the original exchange rate provided.
- No Changes.
We generally do not let you change the details of your Transaction you have submitted it on the Site or a Service Provider website. It is your responsibility to make sure your Transaction details are accurate before they are submitted.
- Restricted Activities.
In connection with your use of the Service, or in the course your interactions with NorthStar Currency, a user or a third party, you agree that you will not:
- Breach this User Agreement, or any other agreement between you and us.
- Register for more than one dashboard account on the Site, without our prior written permission.
- Provide false, inaccurate, or misleading information.
- Refuse to cooperate in an investigation or provide confirmation of your identity or any information you provide to us.
- Use an anonymous proxy.
- Use any robot, spider, other automatic device, or manual process to monitor or copy our Site without our prior written permission.
- COLLECTION OF INFORMATION
- Customer Identification Program.
- Government Disclosures.
- Verifying information. You authorize us, directly or through third parties, to make inquiries we consider necessary to validate the information you have provided to us. This may include asking you for additional information, requiring you to take steps to confirm ownership of your email address or financial instruments, verifying your information against third party databases, or through other sources.
- CUSTOMER SERVICE AND REFUND POLICY
Should you have any questions, comments, or concerns with the Service or contents of this document, please contact us using the contact information at the bottom of this User Agreement.
The Service is provided by NorthStar Currency, as agent of a School, for international students and others to make payments to a Designated School.
NorthStar Currency, or its affiliates, are not responsible for providing refunds of any payment transaction made through the Service to a Designated School. You should contact the Designated School directly for further details on obtaining a refund.
We may, at our sole discretion, consider a refund request only if the Transaction was not paid out to the Designated School (in which case we will also cancel your pending Transaction). A written request must be made (submitted by email, fax, or regular mail using the contact information at the bottom of this Agreement) if you provide the sender’s full name, address, and phone number, together with the Transaction amount, and the reason for the refund request.
Refund amounts will be adjusted to account for changes in the value of the Canadian dollar or foreign currency from the time your Transaction was submitted, as well as charged a $35 CAD fee. Additional fees, including, but not limited to, Debit or Credit Card processing fees may also occur which we may, or may not, charge.
- DISCLAIMER OF WARRANTIES
The Service is provided “as is” and without any warranty or condition, express, implied or statutory. We, our affiliates, subsidiaries, employees and suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non- infringement.
We make reasonable efforts to ensure that Transactions are processed in a timely manner, but we make no representations or warranties that we will complete processing of a Transaction or regarding the time needed to complete processing. The Service is largely dependent on many factors outside our control. We also make no representations or warranties that the Service will be accessible, will operate as intended, or will be uninterrupted or error-free, and NorthStar Currency is not responsible for any interruptions of the Service, including but not limited to interruptions that may affect the receipt, processing, acceptance or settlement of payment transactions.
Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights; however, you may also have other legal rights that vary by jurisdiction.
You agree to indemnify and hold NorthStar Currency, Service Providers, and their respective subsidiaries, officers, agents, partners, and employees harmless from any claims, losses, liability, expenses or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Service, your connection to the Service, your violation of the User Agreement, or your violation of any rights of another.
- LIMITATION OF LIABILITYIn no event shall NorthStar Currency, Service Providers, or their respective subsidiaries, officers, agents, partners, or employees be liable for any direct, indirect, incidental, special, consequential or exemplary damages beyond the sum of $100.00 CAD (in addition to refunding the Transaction Amount), including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if NorthStar Currency has been advised of the possibility of such damages) resulting from negligence on the part of NorthStar Currency, disbursement partners, or their respective subsidiaries, officers, agents, partners, or employees.
In addition, we will not be liable for any failure, delay or other nonperformance resulting from a condition that is beyond our reasonable control, including but not limited to, strike, fire, flood, governmental acts or orders or restrictions, failure of suppliers, or any other reason where failure to perform is beyond our reasonable control.
NorthStar Currency may make changes or improvements to the Service described herein, at any time, without notice.
- DISPUTE RESOLUTION AND GOVERNING LAW
- Governing Law.
This Agreement and User Agreement, and any controversy, dispute, claim arising out of or relating to the Service, Agreement or User Agreement, shall be governed by and construed in accordance with the laws of England subject to the cases where according to the relevant European Union legislation a given issue is governed by the laws of another jurisdiction, and all activities performed in connection with the Service shall be deemed to have been performed in England.
- Disputes with NorthStar Currency.
If a dispute arises between you and Currency, our goal is to learn about and address your concerns and, if we are unable to do so to your satisfaction, to provide you with a neutral and cost effective means of resolving the dispute quickly. Disputes between you and NorthStar Currency regarding the Service may be reported to Customer Service online through www.northstarcurrency.com/contact
- Forum for Disputes. You and NorthStar Currency agree to submit to the jurisdiction of the English Courts to resolve any legal matter arising from the Agreement or User Agreement, subject to the cases where according to the relevant European Union legislation a given matter can be resolved by the courts of another jurisdiction. Notwithstanding this, you agree that NorthStar Currency may apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
- Governing Law.
- ELECTRONIC COMMUNICATIONS
- You acknowledge that this Agreement and User Agreement shall be entered into electronically, and that the following categories of information (”Communications”) may be provided by electronic means: (i) this User Agreement and any amendments, modifications or supplements to it; (ii) your records of Transactions through the Service; (iii) any initial, periodic or other disclosures, receipts or notices provided in connection with the Service, including without limitation those required by federal or state law; (iv) any customer service communications, including without limitation communications with respect to claims of error or unauthorized use of the Service; (v) any other communication related to the Service or NorthStar Currency.
- The Service does not allow for Communications to be provided in paper format or through other non-electronic means. You may withdraw your consent to receive Communications electronically, but if you do, your use of the Service shall be terminated. In order to withdraw your consent, you must contact us using our contact information at the end of this User Agreement.
- Entire Agreement.
The Agreement and User Agreement constitute the agreement between you and NorthStar Currency and governs your use of the Service, superseding any prior agreements between you and NorthStar Currency.
- No Waiver.
The failure of NorthStar Currency to exercise or enforce any right provision of the Agreement or User Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement or User Agreement is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give appropriately valid effect to the intention of the Agreement or User Agreement as reflected in the provision, and the other provisions of the Agreement or User Agreement shall remain in full force and effect.
We may modify this Agreement or User Agreement from time to without notice to you, except as may be required by law. You can review the most current version of the Agreement and User Agreement at any time by reviewing this 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 this Agreement or User Agreement and acknowledge that any attempts by you to do so shall be void.
In the event there is any inconsistency between English or other text on this Site, including the User Agreement, the English text shall be binding.
- Entire Agreement.
- CONTACT INFORMATION
- For Customer Service Queries:
- by online at: www.northstarcurrency.com/contact.php
- by phone: North America toll-free 1-888-485-4878 or 1-416-906-6272 for international customers;
- by fax at: 1-866-603-8292; or
- by mail at:
- NorthStar Currency Ltd
- Attn: Customer Service/Terms,
- 76 Brooke Ave
- Toronto, ON, M5M 2J9,
Last updated: 15 September 2015