Last updated : 2 June 2016
These Terms and Conditions ("Terms", "Terms and Conditions") are a contract between you and Colow-so that apply to your use of the Colow-so Website and services including Your usage of the third-party payment processing service and any related products and services ("Service") available through www.Colow-so.com ("Site").
Please read these Terms carefully before using the Website and the services since certain Terms may impose obligations on visitors and limit our responsibility. Please contact us for any questions.
The Service was created to assist customers to send money to their family and friends, and to receive money from family and friends, around the world.
‘’Us’’, ‘’Our’’, ‘’Ours’’, ‘’We’’, “Our” refers to Colow-so
“Website” and “Site” both refer to www.Colow-so.com
“Platform” refers to the designated area on Our Website whereby a user may send money and where payments are processed by a third-party.
"Destination Country" means the country in which the Recipient receives money through the Service.
"Local Taxes" means any taxes or charges payable in the Destination Country.
"Payment Method" means a valid method of payment accepted by Colow-so: Visa, MasterCard, Interac On-Line, Bitcoin.
"Payout Amount" means the amount paid out to the Recipient, after any foreign exchange conversion and excluding Local Taxes.
"Recipient" means someone who receives money through the Service.
"Sender" means someone who uses the Service to send money.
"Service Fee" means the fee plus any additional charges applicable to each Transaction.
"Service Provider" means a local bank, money exchange house, or other third party service providers in the Destination Country with whom Colow-so works in providing the Service.
"Transaction" means a specific instruction to send money through the Service.
"Transaction Amount" means the amount of money that the Sender wishes to send to the Recipient, excluding any applicable fees and prior to any foreign exchange conversion.
‘’You’’ and ‘’Yours’’ hereby designates both you as individual using the Service and as visitor of the Website.
1. SERVICE AND FEES
a) The Website offers a Platform whereby its users may choose to send money to their family and friends, and to receive money from family and friends, around the world. Users may send and receive money through Colow-so’s partners. To send money, users must create an account on the Website, have a valid Payment Method, and provide Colow-so all necessary information to confirm the user’s identity. For each Transaction, Colow-so shall collect Service Fees.
b) The service is only available in the following territories: Canada, France, United States of America, Mali, Burkina Faso and Guinea.
c) We reserve the right at all time to modify the services offered and the fees associated.
To use Colow-so’s Services, You will need to create a user account. When You create such account, you :
a) Provide Us information that is accurate, complete and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Platform;
b) Authorize Us to assume that all individual using the Website or Platform with your username and password is You or an individual authorized to act in Your name. You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Website or with a third-party service;
c) Agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of Your account.
3. PROHIBITED USAGE
The Colow-so Website and the Colow-so Service may be used only for the purposes permitted by these Terms or described on this website. You may not:
- duplicate, publish, modify, create derivative works from, participate in the transfer or sale of, post on the internet, or in any way distribute or exploit the Colow-so website, the Colow-so Service or any portion thereof for any public or commercial use without our express written permission;
- use any robot, spider, scraper or other automated device to access the Colow-so website or the Colow-so Service;
- remove or alter any copyright, trademark or other proprietary notice or legend displayed on the Colow-so website (or printed pages of the website). To copy or pirate Our data base, website, Services, all related content, or use Our protected content, images or trademarks without our previous express written authorization;
- in a way that violates any applicable local, national or international law or regulation;
- in a way that is illegal or fraudulent, or with an illegal or fraudulent objective;
- to transmit or obtain the transmission of any unsolicited or unauthorized publicity or promotional material or any other similar solicitation form (i.e. spam);
- to knowingly transmit data, send, submit or download any material containing false information, viruses, Trojan horses, malware, or other malicious program or similar code designed to cause damage to Our Website, Platform, services or material, including Our servers;
- delete or change any copyright, trademark, or other proprietary notice or legend displayed on Colow-so’s Website (or printed pages of the Website).
4. CLIENT SPECIFIC OBLIGATIONS
You represent and warrant that:
- if You are an entity other than an individual, You have the legal capacity to enter into this Agreement and perform the obligations represented within it;
- You will not access, use or attempt to use the Service as a Sender unless you are at least 18 years old, and that You have the legal capacity to form a binding legal contract in the relevant jurisdiction;
- for each Transaction that you submit, you will pay the Service Fee in addition to the Transaction Amount. Payment becomes due at the time that you submit your Transaction. If you submit a Transaction that results in Colow-so becoming liable for charges including but not limited to chargeback or other fees, you agree to reimburse Colow-so for all such fees;
- You agree that We reserve the right to apply a convenience fee for processing credit cards in certain jurisdictions at our discretion;
- You provide us with true, accurate, current and complete evidence of Your identity at all times, and promptly update Your personal information if and when it changes;
- You provide our merchant with precise details of one or more Payment Methods
- You provide us with true, accurate, current and complete information for all Transactions.
- You agree that when You pay for a Transaction in one currency and the Recipient is paid in another currency, there will be a difference between the exchange rate at which We buy foreign currency and the exchange rate provided to You. Colow-so and its Service Providers usually make a small profit in these circumstances. If such account is denominated in another currency the amount to be received by the Recipient will be reduced by the amount of extra charges incurred by reason of the incorrect information given by you and we will have no obligation to make good such reduction;
- You will only use the Service to send money to people that you know and not to pay for goods or services. If, in breach of this clause, you choose to pay third parties for goods and services using the Service, you acknowledge that Colow-so has no control over, and is not responsible for, the quality, safety, legality, or delivery of such goods or services and that any such use of the Service is entirely at your own risk. If Colow-so reasonably believes you are using the Service to purchase goods or services, we reserve the right to cancel your Transaction(s);
- Both You and the Recipients will only act on your own behalf. You may not submit or receive a Transaction on behalf of a third person. If you intend to submit or receive a Transaction on behalf of a company, business or any entity other than a human individual, you must first inform Colow-so of your desire to do so and provide us with any additional information about the entity we may request in order that we may decide whether to permit the Transaction;
- when using our website or the Service or when interacting with Colow-so, with another user or with a third party, you will not:
o breach these Terms and Conditions, or any other agreement between you and Colow-so;
o open more than one account, without our prior written permission;
o provide false, inaccurate, or misleading information;
o allow anyone else access to your registration details, and will keep those details secure;
o refuse to provide confirmation of any information you provide to us, including proof of identity, or refuse to co-operate in any investigation;
o use an anonymising proxy (a tool that attempts to make activity untraceable); or
o copy or monitor our website using any robot, spider, or other automatic device or manual process, without our prior written permission.
5. REFUND AND EXCHANGE
You may cancel your agreement with us after you have submitted a Transaction up until fourteen (14) days after you have submitted the Transaction, or until we have completed the contract by paying the Payout Amount to the Recipient, whichever is earlier. If you cancel your agreement, we reserve the right to make a cancellation charge.
In order to cancel your agreement, you must submit a written request to our postal or e-mail address, giving the Sender’s full name, address, and phone number, together with the Transaction tracking number, Transaction Amount, and the reason for your refund request.
Any and all refunds will be credited back to the same Payment Method used to fund the Transaction and in the same currency. No adjustment will be made for any currency fluctuations which may have occurred in the meanwhile.
6. INFORMATION GATHERING
We are required by law to obtain, verify, and record identifying information about all customers using all types of Payment Methods. We may therefore require you to supply us with personal identifying information and we may also legally consult other sources to obtain information about you.
We will verify your residential address and personal details in order to confirm your identity. We may also pass your personal information to a credit reference agency, which may keep a record of that information. This process will be done in order to confirm your identity; a credit check will not be performed and your credit rating will be unaffected.
By accepting these Terms and Conditions you authorise us to make any inquiries we consider necessary to validate the information that you provide to us. We may do this directly, for example by asking you for additional information, requiring you to take steps to confirm ownership of your Payment Methods or email address; or by verifying your information against third party databases; or through other sources.
7. INTELLECTUAL PROPERTY
The Colow-so website and the Colow-so Service, the content, and all intellectual property relating to them and contained in them are owned by us, our affiliates, or third parties. All right, title and interest in and to the Colow-so Web Site and the Colow-so online Service shall remain our property and/or the property of such other third parties.
The name Colow-so and other names and indicia of ownership of Colow-so’s products and/or services referred to on the Colow-so website are our exclusive marks or the exclusive marks of other third parties. Other product, service and company names appearing on the website may be trademarks of their respective owners.
8. LIMITATION OF LIABILITY
Colow-so shall not be liable for for damages resulting from non-payment or delay in payment of a money transfer to a Recipient or failure to perform a Transaction under the Service by reason of the matters in section 4.
Colow-so will have no responsibility for any fees or charges you may incur by the use of a particular Payment Method to fund a Transaction. These may include but are not limited to unauthorized overdraft fees imposed by banks if there are insufficient funds in your bank account or "cash advance" fees and additional interest which may be imposed by credit card providers if they treat use of the Service as a cash transaction rather than a purchase transaction;
Colow-so will refund to you any benefit which it receives as a result of any breach of Colow-so’s agreement with You (this means that, for example, where a money transfer has failed in such circumstances we will refund to you the Transaction Amount and the Service Fee)
If any loss which you or a Recipient (who is not registered with us) suffers because of technical errors, we will only accept liability for that loss up to a limit which is the greater of: (a) the amount of any service charge; and (b) $200CAD, unless otherwise agreed by us in writing. Our cap on our liability only limits a claim for loss arising out of any single transaction or related transactions, or (if a loss does not arise out of a transaction or transactions) any single act, omission or event or related acts, omissions or events.
Where you are sending a money transfer to a Recipient who is not registered with us, you agree to accept the provisions of this clause 8 not only for yourself, but also on behalf of the Recipient.
Your relationship is with Colow-so only. You agree that no affiliate or agent of Colow-so owes you any duty of care when performing a task which would otherwise have to be performed by Colow-so under its agreement with you.
In no event shall Colow-so, nor its directors or employees be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) any failure to perform your instructions as a result of circumstances which could reasonably be considered to be outside our control; (ii) malfunctions in communications facilities which cannot reasonably be considered to be under our control and that may affect the accuracy or timeliness of messages you send to us; (iii) any losses or delays in transmission of messages arising out of the use of any internet service provider or caused by any browser or other software which is not under our control; (iv) errors on the website or with the Service caused by incomplete or incorrect information provided to us by you or a third party.; (v) your access to or use of or inability to access or use the Service; (vi) any conduct or content of any third party on the Service; (vii) any content obtained from the Service; and (viii) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
You agree to indemnify and hold harmless Colow-so, our subsidiaries, affiliates, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders from all loss, damage, claims, actions or demands, including reasonable legal fees, arising out of your use or misuse of this website or Service, all activities that occur under your password or account e- mail login, your violation of this Terms and Conditions or any other violation of the rights of another person or party.
You agree that all cause of actions related to the Services must start in a delay of one (1) year after the cause of action.
9. VARIATIONS OF WEBSITE AND SERVICES
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time.
By continuing to access or use Our service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, please stop using the Service.
We may terminate this Terms and Conditions with immediate effect if you: are in breach of any provision of this Terms and Conditions; your use of the Service or the website is disruptive to our other customers, or you do anything which in our opinion is likely to harm us; breaches or attempts to breach the security of the website as per section 4.
11. GOVERNING LAW AND JUDICIAL DISTRICT
These Terms shall be governed and construed in accordance with the laws of Quebec, Canada, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
Any external links to third-party websites on the website are provided as a convenience to you. These sites are not controlled by us in any way and we are not responsible for the accuracy, completeness, legality or any other aspect of these other sites including any content provided on them. You access such websites at your own risk.