This Customer Agreement ("Agreement") sets forth the terms and conditions for the use of the KoboTrade Services (from now on referred to as the "Services") provided by KoboTrade Inc. (starting now referred to as the "KoboTrade," "we," "us," and "our"), Kobotrade web application, referred to as Kobotrade App.
By opening, registering, or using a KoboTrade account ("Account"), or by otherwise using the Services, Customers (from now on referred to as "you," "your," or the "Customer") agree to be bound by this Agreement and consent to receive communications related to the Services or your Account in electronic format. In addition, customers are asked to carefully read the terms and conditions outlined in this Agreement when registering to use the Services. Finally, KoboTrade recommends you print out a copy of this Agreement to retain as a reference.
Please read carefully the terms of these policies and the other agreements that apply to you. Your use of sure of the Services may be subject to additional terms and conditions, as communicated by us to you through the Service, and such other terms and conditions are incorporated into this User Agreement. This Agreement contains several sections, and you should read them carefully. The headings are for reference only. In addition, some capitalized terms have specific definitions defined in the Agreement.
KoboTrade is a money service business registered with the Financial Transactions Reports Analysis Centre of Canada ("FINTRAC"), registration number M21379367. KoboTrade provides foreign exchanges and money remittance services to customers resident in Canada.
To be eligible for our Services, you must be at least 18 years old or the age of majority in your province or territory of residence. You further represent and warrant that if you are an individual and open an account with us, you act exclusively for your benefit and do not act on behalf of any third-party principal or third-party beneficiary. Therefore, you must only use the Services to transact on your Account and not on behalf of any other person or entity.
To use some or all of the Services, you must first open an Account by providing certain information. For legal reasons, all information you provide during the signup process or any time after that must be complete, accurate, and truthful. In addition, you are responsible for keeping your mailing address, email address, telephone number, and other contact information up-to-date in your Account profile(on the transaction dashboard).
Protecting your privacy is very important to KoboTrade. Your passwords are stored on KoboTrade servers in encrypted form. We do not disclose your personal information, including account details and postal or email addresses, to anyone except when legally required and as specified in our Privacy Policy. Sensitive information between your browser and the Website is transferred in encrypted form using a Secure Socket Layer (SSL). When transmitting sensitive information through our Website, you should always ensure that your browser can validate the website certificate.
You, not KoboTrade, are responsible for maintaining adequate security and control of all customer IDs, passwords, or any other details you use to access your Account and the Services. However, you must never disclose your account password or customer reference number. We will never ask you to provide your password to a third party or us. Let us know if anyone asks for your password, and contact Customer Support if you are unsure about this or any other security-related aspect of your Account. You must never let anyone access your Account or watch you accessing your Account. If you require assistance, kindly contact our customer service line on 587-287-1362 Monday-Friday, 9 am-6 pm. A live associate will be available to help you.
Suppose you suspect your Account, login details, password, or other security features are stolen, lost, or compromised. In that case, you are advised to change your password and contact customer support immediately if you believe your credentials have been compromised or you are suspicious about the security of your password or any other security features. The compromise of your credentials could enable bad actors to access your Kobotrade account and attempt transactions not authorized by you. Don't hesitate to get in touch with us at once if your transaction history for your Account shows transactions that you did not initiate. You can contact our Customer Support at 587-287-1362.
We rely on you to regularly check the transaction history of your Account and to contact Customer Support immediately in case you have any questions or concerns. We may (but are not obligated to) suspend your Account or otherwise restrict its functionality if we have concerns about the security of the Account or any of its security features or potential unauthorized or fraudulent use of your Account.
You must make sure that your email account(s) are secure and only accessible to you, as your email address may be used to reset passwords or to communicate with you about the security of your Account. Let Customer Support know immediately if your email address becomes compromised. Never utilize any functionality that allows login details or passwords to be stored by the computer or browser you are using or being cached or otherwise recorded. Additional products or Services you use may have other security requirements, as notified to you by us, and you must familiarize yourself with those requirements.
KoboTrade reserves the right to refuse the creation of duplicate accounts for the same user due to security and client identification requirements. If duplicate accounts are detected, KoboTrade reserves the right to close or merge these duplicate accounts without notification to you.
Upon opening a Kobotrade account, we shall permit you to transact a maximum amount of CAD$950; You will be required to verify your identity to transact higher volumes; regulatory obligations require that we verify your identity before you can conduct higher volumes of remittances. In addition, you will be able to remit up to CAD$3,000 equivalent daily after verification. The total volume of transactions/remittances a month for each verified Customer is CAD$10,000.However, note that after 90 days of on boarding as a customer on the Kobotrade website or application, we may request you verify your identity.
KoboTrade reserves the right to access third-party identification services to verify your identity during on boarding as a customer. KoboTrade reserves the right to close, suspend, or limit access to your Account and the Services if we cannot obtain or verify your identity.
KoboTrade, in its sole discretion, reserves the right to suspend or terminate your access to or use of our Website, software, systems (including any networks and servers used to provide any of the Services) operated by us or on our behalf or some or all of the Services for any reason and at any time upon notice to you.
Reasons we may close your Account include, but are not limited to:
We may also suspend your Account if it has been compromised or used for other security reasons or is being used without your authorization or fraudulently.
If we close your Account or terminate your use of the Services for any reason, we'll notify you of our actions. You are responsible for all fees, fines, penalties, and other liability incurred by KoboTrade, other KoboTrade Customers, or a third party caused by or arising out of a breach of these Terms and your use of the Services. You agree to reimburse KoboTrade, any KoboTrade customer, or any third party for any such liability.
On termination for any reason, all rights granted to you in connection with our software application ("App") shall cease, and you must immediately delete or remove the web application or App from your devices.
If you do not log in to your Account for 48 months, KoboTrade may close your Account.
You may send remittances through the KoboTrade Website ("Website") or Mobile App. You are responsible for ensuring the instructions you submit are accurate and complete. Once KoboTrade has executed the transaction, the transaction cannot be canceled or reversed. However, we will not be liable in any way for any loss or delay resulting from any transactional error committed by you while using the kobotrade web application.
Transactions to send money are limited to three thousand (3,000) Canadian dollars per 24-hour period for verified customers.
To protect yourself from errors and unauthorized activity, you should regularly log into your Account and review your account transaction page on your dashboard. KoboTrade will notify you of each transaction by emailing your primary email address on file. In addition, you should review these transaction notifications to ensure that each transaction was authorized and accurately completed.
We will rectify any errors that we discover. For example, if the error results in you:
An Unauthorized Transaction occurs when money is sent from your Account that you did not authorize and did not benefit you. For example, if someone steals your password, uses the password to access your Account, and sends a payment from your Account, an Unauthorized Transaction has occurred.
Suppose you give someone access to your Account (by giving them your login information), and they use it without your knowledge or permission. In that case, any transaction resulting from that access will not be considered an Unauthorized Transaction. Therefore, you are responsible for all transactions made in this situation.
Any transactions conducted using your login details and credentials are regarded as your transaction, and we shall not be held liable if your account details were compromised.
We must provide certain information via email, online notification, and SMS. By accepting this Agreement, you agree that we can communicate with you electronically, either by email or posting notices on the Website.
We may call or texts message you at the telephone number(s) you provided. We may place such calls or texts to
KoboTrade collects and uses your personal information to provide the Service under our Privacy Policy. Your information may be collected through our Website and App. References to the Website in these Terms include the KoboTrade.com website and all associated web pages. Regards in these Terms to the App consist of all iterations of the App run on any platform (including Android and iOS), periodic updates, and any other software available for download from our Website.
Canadian law requires that we obtain, verify, and record information about you. In addition, we may require that you provide us with non-public, personal, identifying information. In addition, you authorize us to make any inquiries necessary to validate your identity, including requesting photo ID, proof of residence, and using third-party identification services.
We may be required by law to provide information about you and your Transactions to the government or other competent authorities as described in our Privacy Policy.
You may link to our Website, provided that you comply with the terms and conditions of this Agreement and follow specific rules. You may link to our Website, provided:
We reserve the right to revoke such withdrawal linking permission without notice and for any reason.
In consideration of your agreeing to abide by the terms of this Agreement, we grant you a non-transferable, non-exclusive license to use the App on your device subject to this Agreement and the App Store Rules. We reserve all other rights. However, from time to time, updates to the App may be issued through App Store or Google Play. Depending on the update, you may only be able to use our Services via the App once you have downloaded the latest version of the App and accepted any new terms.
You are responsible for configuring your information technology, computer programs, and platform to access our Services. It would be best if you used your virus protection software. However, you must not misuse our Services by introducing viruses, trojans, worms, logic bombs, or other malicious or technologically harmful materials. However, you must not attempt to gain unauthorized access to the Services, our Website, our servers, computers, or databases. You must not attack the Services, including via our Website, with any denial-of-service attack. You would commit a criminal offense under applicable law by breaching this provision. We may report any such breach to the relevant law enforcement authorities and cooperate with them by disclosing your identity or other information. In the event of such a breach, your right to access and use our Website and our Services will cease immediately without notice, and you must immediately terminate all such access and use.
You acknowledge and agree that the Company may engage third-party partners and providers to deliver the Services. Specific Web site or App functionality may make available access to information, products, services, and other materials made available by third parties ("Third Party Materials") or allow for the routing or transmission of such Third Party Materials, including via links. Finally, you are directing us to access, route, and transmit the applicable Third Party Materials to you using such functionality.
We neither control nor endorse, nor are we responsible for, any Third Party Materials, including the accuracy, validity, timeliness, completeness, reliability, integrity, quality, legality, usefulness, or safety of Third Party Materials or any intellectual property rights therein. Certain Third Party Materials may, among other things, be inaccurate, misleading, or deceptive. Nothing in this Agreement shall be deemed a representation or warranty by us concerning any Third Party Materials. We have no obligation to monitor Third Party Materials, and we may block or disable access to any Third Party Materials (in whole or part) through the Website or App at any time. In addition, the availability of any Third Party Materials through the Website or App does not imply our endorsement of, or our affiliation with, any provider of such Third Party Materials, nor does such availability create any legal relationship between you and any such provider.
Your use of Third Party Materials is at your own risk. It is subject to any additional terms, conditions, and policies applicable to such Third Party Materials (such as terms of service or privacy policies of the providers of such Third Party Materials).
If you have a question or complaint regarding the Services, please email support@kobotrade.com or reach us by phone at +1 (587) 287-1362
Please note that email communications will not necessarily be secure. Accordingly, you should not include credit card or other sensitive information in your email correspondence.
In any other case, you expressly understand and agree that in no event shall we (including, for greater certainty, our parent and affiliates), and the officers, directors, agents, joint ventures, employees, and suppliers of kobotrade be liable for lost profits or any special, incidental, indirect, or consequential, or punitive damages (including without limitation damages for loss of data or loss of business) arising out of or in connection with our Website, the services, or this Agreement (however arising, including negligence).
Our liability (including, for greater certainty, the liability of our parent and affiliates) and our (and their respective) officers, directors, agents, joint venture's, employees, and suppliers to you or any third parties in any circumstance is limited to the actual amount of direct damages. In addition, to the extent permitted by applicable law, kobotrade (including for greater certainty our parent and affiliates) and our (and their respective) officers, directors, agents, joint venture's, employees, and suppliers are not liable, and you agree not to hold these parties responsible, for any damages or losses (including, but not limited to, loss of money, goodwill, or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from:
You as the customer need to modify practices, content, or behaviour, or your loss of or inability to do business, as a result of changes to this agreement or kobotrade's policies. Kobotrade reserves the right to modify its policies and this customer agreement at any time consistent with the provisions outlined herein.
This Agreement, along with any applicable policies incorporated herein and made available on the Website, constitutes the entire Agreement between you and KoboTrade(the "Parties") concerning its subject matter and supersedes all prior agreements, correspondence, negotiations, and understandings concerning that subject matter, both written and oral.
Suppose any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction. In that case, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render such term or condition unenforceable in any other jurisdiction.
KoboTrade may change or modify the terms and conditions of this Agreement from time to time at its sole discretion. KoboTrade agrees to notify you of such changes or modifications by:
By continuing to use the Services after any such change, you agree to be bound by this Agreement's changed terms and conditions as of the effective date of such changes.
All intellectual property rights, including copyrights, patents, patent disclosures, inventions (whether patentable or not), trademarks, service marks, trade secrets, know-how, and other confidential information, trade dress, trade names, logos, corporate names, and domain names, together with all of the goodwill associated in addition to that, derivative works, and all other rights (collectively, "Intellectual Property Rights") in and to all documents, work product, and other materials that are delivered to Customer under this Agreement or prepared by or on behalf of KoboTrade in the course of performing the Services shall be owned by KoboTrade. In addition, KoboTrade, as a result of this, grants Customer a license to use all Intellectual Property Rights free of additional charge and on a non-exclusive, worldwide, non-transferable, non-sub licensable, fully paid-up, royalty-free, and perpetual basis to the extent necessary to enable Customer to make reasonable use of the Services.
You agree to indemnify and not hold KoboTrade, its shareholders, subsidiaries, affiliates, directors, officers, employees, agents, representatives, suppliers, third-party service providers, successors and assigns, and related companies harmless from any claim or demand, including reasonable legal 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 Agreement, or your violation of any rights of another.
This Agreement is subject to and shall be construed under the laws of the Province of Alberta and the federal law of Canada. Each of the Parties with this consents to the exclusive jurisdiction of the courts of Alberta concerning any dispute arising under it.
You shall not assign any of its rights or delegate any of its obligations under this Agreement without the prior written consent of KoboTrade. Any purported assignment or delegation violating this section is null and void. No assignment or delegation will relieve you of your obligations under this Agreement.
The relationship between the Parties is that of independent contractors. Nothing in this Agreement shall be construed as creating any agency, partnership, joint venture, or other forms of joint enterprise, employment, or fiduciary relationship between the Parties. Neither party shall have the authority to contract for or bind the other party in any manner whatsoever.
Except as expressly provided herein, the Service is provided to you on an "as is" basis. Kobotrade makes no warranty whatsoever concerning the services, including:
No waiver by KoboTrade of any of the provisions of this Agreement is effective unless explicitly outlined in writing and signed by KoboTrade. No failure to exercise, or delay in exercising, any rights, remedy, power, or privilege arising from this Agreement operates or may be construed as a waiver thereof. No single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
Protection of KoboTrade -
KoboTrade shall not be liable for any damage, cost, or loss of profit of the Customer arising from a failure by KoboTrade to comply with its obligations under this Agreement, where that failure is attributable to fire, flood, storm, strike, riot, any terrorist act, any act of war (whether or not declared), or of any government or other similar entity exercising de facto sovereignty for the time being in any relevant jurisdiction, including any embargo or restriction upon shipping or transport.
Forces beyond Reasonable Control -
KoboTrade shall not be liable or responsible to Customer, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of Service Provider including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts riot, or other civil unrest, national emergency, revolution, insurrection, epidemics, pandemics, lock-outs, strikes, or other labour disputes (whether or not relating to either party's workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown, or power outage.