1.1 About NEMOPAY
These Terms & Conditions (“Terms”) govern access to and use of the website, services, applications and payment-related services provided by NEMOPAY GLOBAL CORP. (“NEMOPAY”, “Company”, “we”, “us” or “our”).
NEMOPAY GLOBAL CORP. is incorporated under the laws of British Columbia, Canada, under incorporation number BC1558961. Our registered office is at 1100 W 73rd Ave, Vancouver, BC V6P 6G5, Canada.
By accessing the website, submitting information, applying for services, registering for an account or using a NEMOPAY service, you acknowledge that you have read, understood and agree to be bound by these Terms and all policies incorporated by reference, including our Privacy Policy, AML & KYC Notice and Complaints Handling Procedure.
1.2 Regulatory Status
NEMOPAY is registered as a Money Services Business (“MSB”) with the Financial Transactions and Reports Analysis Centre of Canada (“FINTRAC”), MSB Registration No. C100001197. FINTRAC registration is a regulatory obligation and does not constitute a licence, endorsement or guarantee of services by FINTRAC.
NEMOPAY is also registered as a payment service provider (“PSP”) under Canada’s Retail Payment Activities Act (“RPAA”) with the Bank of Canada, subject to the scope of its applicable registration. Bank of Canada PSP registration is a regulatory requirement and does not constitute a banking licence or an endorsement by the Bank of Canada. NEMOPAY’s current RPAA registration covers: (i) the initiation of electronic funds transfers at the request of an end user; and (ii) the authorization, transmission, reception or facilitation of instructions in relation to electronic funds transfers. NEMOPAY does not hold End-User Funds in connection with the activities covered by its current RPAA registration.
NEMOPAY is not a bank, deposit-taking institution or trust company and does not hold a banking licence.
1.3 Services
NEMOPAY may provide payment and financial technology services within the scope of its regulatory registrations, partner agreements, technology capabilities and applicable law. Specific products, supported currencies, payment rails, transaction limits, processing times, fees and geographic availability may vary by customer, jurisdiction and product.
Nothing in these Terms or on the website constitutes a guarantee that any particular service, payment rail, currency, transaction limit, processing time or feature will be available for any specific customer, transaction or jurisdiction. Certain services may be delivered wholly or partly through independent regulated third-party partners.
NEMOPAY provides services exclusively to business customers operating in jurisdictions where receiving such services is lawful and consistent with NEMOPAY’s regulatory registrations, compliance controls and partner agreements. Services are not available to customers in jurisdictions subject to comprehensive Canadian, UN, OFAC or other applicable sanctions. Services may not be available in all jurisdictions. Where applicable law requires a customer to use a locally licensed or authorized payment service provider, NEMOPAY does not accept that customer unless the relevant requirement is satisfied through a disclosed partner arrangement.
1.4 Eligibility
To access or use NEMOPAY services you must: (a) have legal capacity to enter into binding agreements; (b) be legally permitted under applicable law to use the relevant service; and (c) not be a person or entity subject to applicable sanctions or to a restriction imposed by NEMOPAY.
Where you act on behalf of a legal entity, you represent and warrant that you are duly authorized to bind that entity to these Terms.
NEMOPAY may refuse, decline, restrict or delay access to services where required or permitted by law, regulation, compliance controls, risk management considerations or partner requirements, without being required to provide reasons where disclosure is restricted by law.
1.5 Onboarding, Verification and KYC/KYB
Access to regulated services requires the successful completion of NEMOPAY’s customer onboarding and verification process, which may include:
- Identity verification of individuals and authorized representatives
- Corporate registration, structure and ownership verification
- Beneficial ownership identification and verification
- Sanctions and politically exposed person (PEP) screening
- Source-of-funds and source-of-wealth assessment
- Transaction profile assessment
- Any additional due diligence required by law or risk controls
Customers must provide complete, accurate, current and non-misleading information. You must promptly notify NEMOPAY of any material changes to information previously provided. Failure to provide requested information or to notify of material changes may result in the delay, restriction, refusal, suspension or termination of services.
1.6 Customer Responsibilities
- Use NEMOPAY services only for lawful, authorized and legitimate purposes.
- Verify the accuracy of all payment and beneficiary details before authorizing a transaction. NEMOPAY processes instructions on the basis of the information you provide and may not be able to recover funds sent to an incorrect beneficiary.
- Maintain the security and confidentiality of all account credentials, access codes and authentication information. Notify NEMOPAY immediately if you suspect unauthorized access.
- Maintain accurate corporate, ownership, contact and beneficial ownership information throughout the customer relationship.
- Cooperate with reasonable compliance, verification and information requests, including requests related to ongoing monitoring or enhanced due diligence.
- Not use NEMOPAY services on behalf of, or for the benefit of, a person or entity that would not itself be eligible to use those services.
1.7 Compliance Controls and Transaction Monitoring
NEMOPAY monitors transactions, customer activity and business relationships for AML/CTF, sanctions, fraud, operational and other risk-management purposes. NEMOPAY may, at any time and without prior notice where required by law or operationally necessary:
- Request additional information, documentation or confirmations.
- Delay, hold, block, reject or reverse a transaction.
- Restrict, suspend or terminate access to services.
- File reports with FINTRAC or other competent authorities as required by applicable law.
Where disclosure is restricted by applicable law, NEMOPAY may be unable to inform you of the existence, nature or details of a compliance review or regulatory report.
1.8 Prohibited Activities
You must not use NEMOPAY services for:
- Money laundering, terrorist financing or any activity in support of financial crime.
- Sanctions evasion or any transaction involving a sanctioned person, entity, country or territory.
- Fraud, deception, identity theft or misrepresentation.
- Any transaction that is unlawful under applicable Canadian or other applicable law.
- Concealing or obscuring the source, ownership, destination or nature of funds.
- Online gambling, adult entertainment or other businesses that fall within NEMOPAY’s prohibited or unacceptable business categories.
- Any purpose that violates these Terms or NEMOPAY’s compliance policies.
1.9 Third-Party Providers
Certain technology, identity verification, compliance, payment processing, banking, card, settlement, infrastructure or other functionality may be provided by independent third-party partners. A third-party partner’s regulatory licence, registration or scheme membership does not mean NEMOPAY itself holds that authorization. Where a service depends on a regulated third-party partner, NEMOPAY will identify material partner relationships where required by applicable law or product terms.
NEMOPAY is not responsible for delays or failures caused by third-party providers or systems outside its reasonable control, except to the extent liability cannot be excluded by law.
Where NEMOPAY uses an EU-authorized payment institution, electronic money institution, crypto-asset service provider or other regulated partner to deliver elements of a service, the regulatory protections associated with that partner’s authorization under EU or EEA law may not extend directly to customers of NEMOPAY. Any such arrangement will be described in the relevant product-specific terms.
1.10 Fees and Exchange Rates
Applicable fees, exchange rates, spreads, transaction limits and charges will be disclosed through the relevant service, product agreement, transaction interface or fee schedule applicable to your account. Exchange rates applied to transactions are indicative only and may differ from interbank or benchmark rates. NEMOPAY may update standard fees with reasonable advance notice where required by applicable law or product terms.
1.11 Transaction Finality, Errors and Unauthorized Transactions
Transactions initiated through NEMOPAY services may be irreversible once processed, depending on the applicable payment rail and beneficiary institution. You are responsible for verifying all payment details before authorizing any transaction. NEMOPAY will take reasonable steps to assist in recovering misdirected funds but does not guarantee recovery. Any attempt to recover misdirected funds may be subject to fees and the policies of third-party institutions.
Where you believe an error has occurred, or a transaction has been processed without your authorization, you must notify NEMOPAY as soon as practicable using the contact details in these Terms. NEMOPAY will investigate and respond in accordance with its Complaints Handling Procedure. Timely notification is important: delays in reporting may limit NEMOPAY’s ability to investigate or recover funds.
1.12 Limitation of Liability
To the maximum extent permitted by applicable law, NEMOPAY’s liability for any claim arising under or in connection with these Terms is limited to the value of the specific transaction giving rise to the claim, and in any event shall not include indirect, consequential, incidental, punitive or special damages or loss of profit, data or business opportunity.
Nothing in these Terms limits liability for fraud, gross negligence, willful misconduct or any liability that cannot lawfully be excluded.
1.13 Indemnification
To the maximum extent permitted by applicable law, you agree to indemnify and hold harmless NEMOPAY and its directors, officers, employees and authorized service providers from and against any claims, liabilities, losses, costs and reasonable expenses arising from: (a) your breach of these Terms; (b) your misuse of NEMOPAY services; (c) your violation of applicable law; or (d) your provision of inaccurate, incomplete or misleading information.
1.14 Force Majeure
NEMOPAY will not be liable for any delay or failure to perform its obligations where such delay or failure is caused by events beyond its reasonable control, including natural disasters, pandemics, cyberattacks, telecommunications failures, banking or payment-system disruptions, acts of government, changes in law, regulatory action or failures of external infrastructure or service providers.
1.15 Suspension and Termination
NEMOPAY may suspend, restrict or terminate services or the customer relationship where required or permitted by law, regulation, sanctions controls, AML/CTF controls, fraud-prevention controls, operational risk management, breach of these Terms, failure to complete required verification, or other legitimate compliance or business considerations. NEMOPAY will, where possible and permitted by law, provide reasonable notice.
1.16 Complaints
Complaints are handled under NEMOPAY’s Complaints Handling Procedure, published separately on the website. NEMOPAY is committed to investigating complaints promptly and responding substantively within the timeframes stated in its Complaints Handling Procedure.
1.17 Changes to These Terms
NEMOPAY may amend these Terms from time to time. Updated versions will be published on the website with a revised effective date. Continued access to or use of NEMOPAY services after the stated effective date constitutes acceptance of the updated Terms, to the extent permitted by applicable law. Where required by law, NEMOPAY will provide advance notice of material changes.
1.18 Governing Law and Jurisdiction
These Terms are governed by the laws of British Columbia and applicable federal laws of Canada. Subject to any mandatory statutory rights, disputes shall be subject to the exclusive jurisdiction of the courts of British Columbia, Canada.
1.19 Language
These Terms are prepared in English. If a translation is provided, the English version governs in the event of any conflict.
1.20 Website Content and Intellectual Property
The content of this website, including text, graphics, logos, documentation and other materials, is the property of NEMOPAY GLOBAL CORP. or its licensors and is protected by applicable copyright and intellectual property law. You may access and view website content for informational purposes only. No content may be reproduced, distributed, modified or transmitted without the prior written consent of NEMOPAY, except where permitted by applicable law.
Links from this website to third-party websites are provided for convenience only and do not constitute an endorsement, recommendation or approval by NEMOPAY of any third-party website, its content, products or services. NEMOPAY has no control over and accepts no responsibility for the content of linked third-party websites.
1.21 Contact
General enquiries: support@nemopayglobal.com Compliance and regulatory: compliance@nemopayglobal.com Registered Office: NEMOPAY GLOBAL CORP., 1100 W 73rd Ave, Vancouver, BC V6P 6G5, Canada