1. About Paylift
1.1 Paylift is a trading name of Paylift Finance LTD, a company incorporated under the laws of British Columbia, Canada, whose company registration number is BC1500402.
1.2 Cutros Group Inc. is an authorized Money Services Business duly registered with the Financial Transactions and Reports Analysis Centre of Canada (FINTRAC), holding license number C100000297.
2. Scope of these Terms
2.1 These Terms and Conditions govern the opening, use and closure of your account (hereinafter, "Paylift Account") and other related payment services as referred to herein. Together with our Privacy Notice, and any other Terms & Conditions referred to therein, they constitute the legal relationship between you and us. For the use of additional services, you may have to accept additional Terms & Conditions as notified to you when you are ordering or using such services.
2.2 These Terms and Conditions do not apply to other Paylift's services offered apart from the herein mentioned.
3. Account
3.1 Your Paylift Account is an account which enables you to store funds, to send electronic payments and to receive electronic payments.
3.2 The funds held on your Paylift Account does not expire and it should be noted that interest is not earned at any stage on any monies held on account.
3.3 You have the right to withdraw funds from your Paylift Account at any time, in whole or in part. Your account is not subjected to a minimum withdrawal amount, but you should ensure there is enough funds on your Paylift Account to take into account any withdrawal fee, if applicable. You can select the method of withdrawal when submitting your actual withdrawal request. Note you may be required to confirm your identity prior to completion of the request.
3.4 The funds on the Paylift Account remains in the sole ownership of the person which is registered as the Paylift Account holder.
3.5 Your Paylift Account may be subject to upload and payment limits which will be determined, from time to time, at our sole discretion based on legal requirements and risk factors.
3.6 The Paylift Account is not a bank account and the funds on the Paylift Account are not included in the deposit guarantee schemes.
4. Opening the Account
4.1 You must open a Paylift Account and register your appropriate valid identification documents issued by the competent authority. As part of the signing up process, you will need to complete the remote identification process by electronic means, in which Paylift will verify your identity. Likewise, you will need to accept these Terms & Conditions and Privacy Notice and you must have legal capacity to accept the same. If you order additional services, you may be asked to accept additional Terms & Conditions.
4.2 By accepting these Terms and Conditions, you agree to participate if required in the remote identification process by electronic means and agree that Paylift creates and preserves recordings made in the video identification process. This is required to protect the integrity of your Paylift Account and to comply with legal requirements.
4.3 All information and details you provide during the registration process or any time thereafter must be accurate and truthful.
4.4 Paylift has the right at any time, before, during and/or after the successful registration, to request additional information and documents from you, and your refusal to submit the requested is the reason for termination of registration, or extraordinary termination of this Agreement.
4.5 The business relationship between you and Paylift shall be deemed to be established upon confirmation of the received data and successful verification of your identity, only after this the Paylift Account will have all the functionalities enabled. Paylift reserves the right to refuse to carry out the profile verification procedure and the establishment of a business relationship and/or to limit the functionality of the service to you based on obligations prescribed by law or special circumstances of the case. Notwithstanding the foregoing, Paylift reserves the right at its discretion to refuse to open the Paylift Account (to enter into a business relationship) and is not obliged to justify such decision.
4.6 You must be at least 18 years or older to use our services and by opening a Paylift Account you declare that you are 18 years or older. We exercise the right to request at any given time that you provide documentary evidence of your age.
4.7 You may only open one Paylift Account unless we explicitly approve in writing the opening of additional accounts.
4.8 You must use your Paylift only for private purposes. For the avoidance of doubt, you are using your Paylift Account for commercial purposes if you are receiving payments for or in connection with any business activity. Paylift reserves the right to determine whether, in its reasonable opinion, you are using your Paylift Account for commercial purposes. If you are in any doubt about whether or not an activity amounts to a commercial activity, you should contact our Customer Support.
4.9 Within 14 days of the date of opening your Paylift Account, you may close your Paylift Account at no cost by contacting Customer Support. However, if you have uploaded funds into your Paylift Account, you should request withdrawal of the funds in full. Transactions and fees for transactions undertaken before you close your Paylift Account (including those transactions that are not revocable and have been initiated but not completed before closure of your Paylift Account) will not be refunded.
5. Maintaining Your Paylift Account
5.1 It is your sole responsibility to ensure that the information recorded on your Paylift Account is always up to date and accurate. We shall not be liable for any loss arising out of your failure to do so. We may ask you at any point in time to confirm the accuracy of your information or to provide documents or other supporting evidence.
5.2 We may communicate with you by email or in other ways with information or notices regarding your Paylift Account. It is your responsibility to routinely check the proper functioning of your email account or other methods of communication that you have registered with your Paylift Account and to retrieve and read messages and correspondence relating to your Paylift Account promptly.
5.3 Fund uploads, payments sent, payments received, and fund withdrawals are displayed in your online transaction's history screen. You should check and review your Paylift Account balance and transaction history regularly. You should report any irregularities, discrepancies or clarify any questions you have as soon as possible by contacting Customer Support.
5.4 In order to claim a refund for an unauthorised or incorrectly executed payment transaction on your Paylift Account you must notify us in writing without undue delay after becoming aware of the unauthorised or incorrect transaction and in any event no later than thirteen (13) months after the date of the transaction.
6. Keeping Your Paylift Account Safe
6.1 You must exercise all reasonable steps to keep your Paylift Account password safe at all times and never disclose it for any reason to anyone. Paylift will never ask you to provide your password to us or to a third party.
6.2 If you have any indication or suspicion of your Paylift Account, login details, password or other security feature being lost, stolen, misappropriated, used without authorisation or otherwise compromised, you are advised to change your password immediately. You are strongly advised to contact Customer Support without undue delay on becoming aware of any loss, theft, misappropriation or unauthorised use of your Paylift Account, login details, password or other security features.
6.3 We reserve the right to suspend your Paylift Account or otherwise restrict its functionality on reasonable grounds relating to the security of the Paylift Account or any of its security features or if we reasonably suspect that an unauthorised or fraudulent use of your Paylift Account has occurred or that any of its security features have been compromised. We will notify you of any suspension or restriction and of the reasons for such suspension or restriction in advance or, where we are unable to do so, immediately after the suspension or restriction has been imposed, unless notifying you would be unlawful or compromise our reasonable security interests. We will lift the suspension and/or the restriction as soon as practicable after the reasons for the suspension and/or restriction have ceased to exist.
6.4 If we think your Paylift Account is at risk of fraud or a security threat, we will contact you using the details you have provided to tell you what you need to do to help deal with that risk.
6.5 You must take all reasonable care to safeguard and protect your email account(s) and only accessed by you personally, as your email address may be used to reset passwords or to communicate with you about the security of your Paylift Account. In case any of the email addresses registered with your Paylift Accounts are compromised, you should without undue delay after becoming aware of this contact Customer Support and also contact your email service provider.
7. Closing Your Paylift Account
7.1 You may close your Paylift Account at any time. If your Paylift Account holds a remaining balance at the time of its closure, we will request you to withdraw your funds.
7.2 We may terminate your Paylift Account at any time.
7.3 We may at any time suspend or terminate your Paylift Account without notice if: (i) you breach any condition of these Terms & Conditions or any other condition applicable to specific services covered by separate terms and conditions; (ii) you violate or we have reason to believe that you are in violation of any law or regulation that is applicable to your use of our services; or (iii) we have reason to believe that you are in any way involved in any fraudulent activity, money laundering, terrorism financing or other criminal activity.
8. Uploading Funds, Receiving and Sending Payments
8.1 You can upload into your Paylift Account, you may be presented with a number of different upload methods, depending on which payment methods are specifically available in your country of residence. You may be asked to validate account details or to complete other security related activities that we may reasonably require to ensure proper authorisation of an upload transaction.
8.2 Uploaded funds will be credited to your Paylift Account on the next business day after the funds have been received by us with correct and complete data. Some upload transactions will be credited to your Paylift Account immediately, but are subject to reversal in case the actual funds do not reach us within a reasonable time or in the event the amount received from the third party provider is different to what was credited to the you in which case we will deduct such reversed transaction from the balance of your Paylift Account.
8.3 You must not upload funds through a payment instrument if you are not the named holder of that payment instrument. We take any violation of this requirement very seriously and will treat any attempt to use a payment instrument of which you are not the named holder as a fraudulent act.
8.4 You can use the funds in the Paylift Account to make payments in merchants that accept payments with Paylift. These payments will be subject to the terms of the merchant as stated on the website of the relevant merchant. You can only make payments if you have a sufficient amount in your Paylift Account to complete the transaction.
8.5 Paylift will refuse to execute a payment in the following cases: (i) the execution of a transaction represents a violation, or a reasonable suspicion of a violation, of applicable laws or order issued by a competent administrative or judicial authority or the transaction should be considered as prohibited on any other grounds; (ii) to prevent money laundering and terrorism financing; (iii) if the access information and/or security parameters have not been provided or the parameters provided are incomplete; (iv) if the Paylift Account is blocked; or (v) if there are insufficient funds on the Paylift Account to complete the transaction.
8.6 You should be aware that receipt of funds to your Paylift Account does not necessarily mean that these transactions cannot be reversed. We reserve the right to reverse a payment in case the payer or the payer's bank or payment services provider has charged back or otherwise reversed an upload or other payment which was used to fund the payment to you.
8.7 Merchants may offer the option to make a payment to your Paylift Account. You can start the transaction by selecting the "Paylift" payment option on the Merchant's website, in which case the Merchant's terms shall apply. As soon as the Merchant makes the payment, the amount paid will be transferred to your Paylift Account. Payments received from the Merchant will be displayed in the transaction history along with all relevant details. It will not be possible to receive payment if: (i) your Paylift Account is blocked or does not have the required status to allow payments to be received; (ii) The Merchant is not authorized to make payments to your Paylift Account.
8.8 Paylift may place limits to the amount of funds that you can upload and ancillary payment transactions in order to comply with legal requirements. These limits are set dynamically depending on your verification status and risk factors. Paylift is under no obligation to explain the management of limits and Paylift reserves the right to make additional checks, calls and hold the execution of payment transactions.
9. Prohibited Transactions
9.1 It is strictly forbidden to send or receive payments as consideration for the purchase of illegal products/services or to make/receive payments connected with illegal activity. We reserve the right, in our sole discretion, to add categories of prohibited transactions.
9.2 It is your responsibility to ensure that you do not use our services for transactions that may be considered illegal in your jurisdiction.
9.3 You may not use our services if you are residing in certain countries. These countries are displayed on our website and can may be updated from time to time. This list is not exhaustive, and we may in our sole discretion decide to discontinue or restrict our services in other countries at any time and without prior notice. We reserve the right to suspend or terminate your Paylift Account at any time if we reasonably believe to be required to do so by law or in order to comply with recommendations issued by a relevant government authority or recognised body for the prevention of financial crime.
9.4 It is strictly forbidden to use your Paylift Account for any activity related with fraud and/or money laundering. Likewise, you are prohibited from using your Paylift Account in an attempt to abuse, exploit or circumvent the usage restrictions imposed by a merchant on the services it provides.
9.5 If you conduct or attempt to conduct any transaction in violation of the prohibitions contained in this section. Paylift reserves the right to reverse the transaction and/or close or suspend your Paylift Account.
10. Withdrawing Funds
10.1 You have the right to withdraw funds from your Paylift Account at any time, in whole or in part. Your account is not subjected to a minimum withdrawal amount, but you should ensure there is enough funds on your Paylift Account to take into account any withdrawal fee, if applicable. You can select the method of withdrawal when submitting your actual withdrawal request. Note you may be required to confirm your identity prior to completion of the request.
10.2 You must not make a withdrawal to a bank account or other payment instrument if you are not the named holder. We take any violation of this requirement very seriously and will treat any attempt to use a payment instrument of which you are not the named holder as a fraudulent act.
10.3 You must ensure that the payment details you enter when withdrawing funds are correct and complete. We will not be liable for withdrawn funds being sent to the wrong payment instrument where this is due to you providing incorrect payment details.
11. Fees
11.1 For some of the services, Paylift may impose fees. Fees can be viewed at any time in the "Fees" section of your Paylift account profile.
11.2 Certain transactions may incur fees from your bank or third-party financial institution, including but not exclusively, if currency exchange takes place. Such transactions may include uploading and withdrawing funds. Any such fees are applied by your bank and we are not responsible for the application of such fees.
11.3 Paylift may charge a fee for payments from the Paylift Account to certain Merchants. These fees will be displayed to you before the payment is confirmed. In the event that the Merchants are charging a fee for paying with Paylift, that fee will not be charged by Paylift as that fee derived from the direct business relationship between you and the Merchant.
11.4 Paylift will always display the fee for each transaction or product before you confirm anything. If you agree to authorize the transaction, the fees will be deducted immediately.
11.5 In the event that after the entry into force of these Terms and Conditions there is any change in the amount or application of certain fees related to the Paylift Account, you shall be informed appropriately and in due time.
12. Privacy
12.1 You explicitly consent to us accessing, processing, and retaining any information you provide to us, for the purposes of providing payment services to you. This does not affect our respective rights and obligations under the relevant data protection legislation. You may withdraw this consent by closing your Paylift Account. If you withdraw consent in this way, we will cease using your data for this purpose, but may continue to process your data for other purposes where we have other lawful grounds to do so, such as where we are legally required to keep records of transactions.
12.2 The processing of your data is governed by our Privacy Policy, which can be found on the Website. You should review this policy prior to agreeing to these Terms & Conditions.
12.3 You acknowledge and accept that: (i) when speaking to our Customer Support agents, your call may be monitored and/or recorded for quality assurance, training and security and fraud protection purposes; (ii) for fraud and security purposes your records are kept by us even after your Paylift Account is closed; and (iii) for identity validation and verification purposes, the following information may be provided to Merchants with whom you make a Transaction: name, Account number, jurisdiction, country of residence, nationality, residential address, postal code, email address, date of birth, and/or IP address.
13. Liability
13.1 You should immediately notify Paylift if you notice that an unauthorized or incomplete payment has been made through your Paylift Account.
13.2 In the event that you have, or can reasonably be assumed that you have the knowledge that your Paylift Account, access data, or any other security parameter has been lost, stolen, misused, and/or compromised in some other way, you should immediately inform Paylift about the loss or theft of access data, misuse, or unauthorized use of access data and security parameters.
13.3 In the case of a payment that was incorrectly executed due to an error by Paylift, that has resulted in a financial loss to you, Paylift shall, as soon as practicable, refund the payment amount including all fees deducted therefrom. Notwithstanding the foregoing, this does not apply to the following situations: (i) If the unauthorized payment is the result of your failure to use due care and keep your access data secure, or other misuse or fraudulent behavior on your part, in which case you shall remain liable for the total amount of the transactions; (ii) if you fail to notify Paylift without delay about any loss of access data, or other event that could reasonably be expected to threaten the security of your Paylift Account after you have become aware of, or is reasonably expected that you have become aware of, such an event, in which case you should remain liable for all losses until such an event is notified to Paylift; (iii) If the transaction was not authorized, but you acted fraudulently or compromised the security of your Paylift Account intentionally or through negligence, in which case you should bear sole liability for all losses; or (iv) if you fail to dispute the transaction and/or fail to warn Paylift about an unauthorized or wrongly executed transaction from the day of the transaction.
13.4 Without prejudice to the foregoing, you undertake to take care of data security, and regularly and frequently review the history of Paylift Account transactions and contact Customer Support without delay with any questions or concerns.
13.5 In the case of any erroneous or misdirected payments, Paylift will take reasonable steps to assist you in seeking and recovering the amounts subject to such payments.
13.6 In accordance with the above, Paylift is not responsible for any defect in the work of its service and/or for the defect in the work of intermediary services relied on to fulfill its obligations under these Terms and Conditions, provided that such defect is due to extraordinary and unforeseen circumstances beyond the reasonable control of Paylift or the control of the intermediary to which it applies.
13.7 Paylift does not guarantee that the Merchants will accept payment from your Paylift Account or that Paylift will authorize a specific transaction. This may be due to circumstances on the part of Paylift or a third party's system, something beyond Paylift's reasonable control, or because there are reasonable doubts of your Paylift Account being misused.
13.8 Paylift shall not be liable in the event that: (i) a Merchant refuses to accept payment from your Paylift Account; (ii) Paylift refuses to approve the transaction; (iii) Paylift cancels or suspends the use of your Paylift Account to the extent permitted by these Terms and Conditions and the applicable laws.
13.9 Unless otherwise provided by law, Paylift shall not be liable for any direct or indirect loss or damage you may suffer as a result of the full or partial use or inability to use your Paylift Account. Paylift will also not be liable for any losses or costs you may incur arising from compliance with the applicable laws.
13.10 Subject to the foregoing, we shall not be liable for any disruption or impairment of our service or for disruptions or impairments of intermediary services on which we rely for the performance of our obligations hereunder, provided that such disruption or impairment is due to abnormal and unforeseeable circumstances beyond our reasonable control or the control of the intermediary affected.
13.11 We shall not be liable for any indirect or consequential losses including but not limited to loss of profit, loss of business and loss of reputation. We shall not be liable for any losses arising from our compliance with legal and regulatory requirements.
13.12 Nothing in these Terms & Conditions shall operate to exclude liability for death or personal injury due to negligence or for fraud or fraudulent misrepresentation or for any statutory liability that cannot be excluded or amended by agreement between the parties.
13.13 Our obligation under these Terms & Conditions is limited to providing you with a Paylift Account and related services and we do not make any statement in relation to or endorsement of the quality, safety or legality of any goods or services provided by a Merchant accepting Paylift as a means of payments.
13.14 We shall not be liable for the assessment or payment of any taxes, duties or other charges that arise from your use of the Paylift Account or ancillary services.
14. Termination and Suspension
14.1 The Agreement between Paylift and you on the use of the Account is concluded for an indefinite period.
14.2 We may terminate your Paylift Account at any time.
14.3 You may terminate your Paylift Account with us at any time.
14.4 We may at any time suspend or terminate your Paylift Account without notice if: (i) you breach any condition of these Terms & Conditions or any other condition applicable to specific services covered by separate terms and conditions; (ii) you violate or we have reason to believe that you are in violation of any law or regulation that is applicable to your use of our services; or (iii) we have reason to believe that you are in any way involved in any fraudulent activity, money laundering, terrorism financing or other criminal activity.
14.5 We may suspend your Paylift Account at any time if: (i) we reasonably believe that your Paylift Account has been compromised or for other security reasons; or (ii) we reasonably suspect your Paylift Account to have been used or is being used without your authorisation or fraudulently; and we shall notify you either prior to the suspension or, if prior notification is not possible under the circumstances, promptly after the suspension unless we are prohibited by law to notify you.
15. Amendments to these Terms
15.1 These Terms and any additional Terms & Conditions that may apply are subject to change. Any changes to the Terms and any additional Terms & Conditions will be made available to you by posting on our website the revised version of the same with an updated revision date (which may include us making the current version of this Agreement available to you as part of the process of when you submit a transaction with us).
15.2 Please review the Terms and Conditions each time you make a transaction as it may have been updated since you initially registered for our services. By using our services after a new or revised Terms and Conditions has been posted on our website (including if it is made available to you as part of the transaction execution process) or after the end of any change notice period, if you do not notify us otherwise, it means you agree to the revised Agreement. In the event that you do not agree with any change to our Terms and Conditions, your sole and exclusive remedy is to stop, terminate your use of the Services and /or close your Paylift Account, at no costs, by contacting us.
15.3 Each Amendment shall be effective only in the specific instance and for the specific purpose of which it was given.
16. Communications
16.1 We will communicate to you via email. For this purpose, you must at all times maintain a valid email address in your Paylift Account. Using your email, we require you to check for incoming messages regularly and frequently. Any communication sent by email will be deemed received by you on the same day unless the communication is returned to us as not being received by your processor.
16.2 We will communicate to you in English and will always accept communications made to us in English.
16.3 You may contact us at any time by sending an email [email protected] or by any other means as shown in the "Contact Us" section of the website.
17. Complaints
17.1 You can file complaints by email [email protected].
17.2 The complaint should contain at least: (i) your personal information; (ii) a detailed description of the event/situation or circumstances which caused the dissatisfaction that are the subject of the complaint and proof of the reasoning of the complaint; (iii) address or email address to submit a response to the complaint.
17.3 Paylift will not respond to anonymous complaints.
17.4 Paylift will issue an acknowledgment of receipt of the complaint. Queries submitted verbally (by telephone) are not considered complaints and, if possible, are resolved immediately upon receipt.
17.5 The response to the written complaint is sent in writing. Paylift will respond within 30 (thirty) days from the day of receipt of the complaint, and exceptionally if Paylift is unable to respond shall provide a new deadline which shall not exceed 60 (sixty) days from the date of receipt of the complaint.
