IMPORTANT
THE FOLLOWING PROVISIONS CONTAIN TERMS WHICH MAY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM CAREFULLY
You have placed an ONLINE order with MEEST CORPORATION, INC, (hereinafter referred to as "MEEST') for the transmission of money to a foreign country. The following provisions contain terms that will affect certain legal rights that you may have.
1. AGREEMENT. By properly completing this application and paying the amount (amount to be transmitted and the fee for services) you have entered into a contract with MEEST .
2. ENTIRE AGREEMENT. This document contains the entire Agreement between you and MEEST concerning the transmission of your money order to a designated recipient in a foreign country. The provisions of this Agreement cannot be changed.
3. ADDITIONAL CONDITIONS. Payments for the online money transfers can be made by: INTERAC Online only.
3.1 ADDITIONAL CONDITIONS AND INFORMATION FOR THE SENDER CONCERNING THE SENDING OF MONEY TRANSFERS THROUGH A BANK
a) For money transfers from North America to countries in Eastern Europe, the sender should take into account the appropriate time zone differences between countries (+7 to +11 hours for the eastern European countries). Accordingly, a money transfer can be delivered after 11 a.m. on the day following the day that the order was placed but only if the order was placed before 7:30 p.m. New York/Toronto time. The recipient has 30 calendar days (excluding Saturdays, Sundays and holidays) to pick up a money transfer. Information concerning the working hours for particular bank branches can be obtained from the MEEST at www.meest.net or by calling 1-800-361-7345.
b) Money transfers to destination countries can be paid out only in USD.
c) Certain, smaller bank branches may be limited in the amount of money they are able to pay out on a particular day. In such cases, paying out to the recipient may be delayed by a few working days.
d) The sender is required to personally supply the recipient with all the necessary information concerning the pick-up of the money transfer: the name and address of the particular bank, the money transfer control number, and the exact amount of the transfer, unless MEEST has been ordered to provide this service. In order to pick up a money transfer, it is necessary for the recipient to show his/her passport (or a document that replaces his/her passport).
3.2 ADDITIONAL CONDITIONS AND INFORMATION FOR THE SENDER CONCERNING THE SENDING OF MONEY TRANSFERS THROUGH DIRECT HOME DELIVERY
a) The delivery of money transfers through direct home delivery Is limited during national holidays, during the Christmas/New Year's holiday period (between December 28th and January 10th), and during the Easter holiday period (two days before and two days after Easter Sunday).
b) Due to severe weather conditions and/or poor road conditions in the countries of Eastern Europe, delays of a few days in direct home delivery service may be experienced during the winter period (November 15th to March 15th).
4. PREREQUISITES, A prerequisite is a condition that must be satisfied before MEEST can be held responsible under this Agreement. Subject to the limitation on liability and damages, MEEST will not be responsible for the delay, or inability to deliver money to the named recipient in the foreign country as requested by you, unless you provide (a) a valid current address for delivery and (b) the person to whom the funds are transmitted are available to accept delivery or (c) the person who was supposed to receive the money did not come to the bank branch to pick up the money transfer within the 30-day period counted from the day that the order was placed. Further this Agreement and the time requirements win not be binding on MEEST unless you properly complete this form and provide all of the required information including but not limited to, providing a valid address for delivery of funds, and further that you property communicate the security code and required retrieval information to the recipient, and that the recipient property identifies him or herself and is able to provide the required security information to the person making the delivery.
5. FORCE MAJEURE EVENTS. Force Majeure means any cause beyond the control and not due to the negligence MEEST, as a result of which it is not reasonably possible for MEEST to avoid a delay in performance of or makes it impossible to perform, its obligations under this Agreement; including, but not limited to, drought, flood, earthquake, storm, fire, lightning, snow, sleet, ice storms, epidemic, war (whether declared or undeclared), riot, civil disturbance, sabotage, explosions, strikes or labor disputes inability to obtain and maintain rights-of-way, permits, licenses, and other required authorizations from any local, state, or federal agency or person, restraint by court, or any Change in Law whether in the United States, Canada, or the country to which the moneys are to be transmitted, Including but not limited to changes in customs or duty requirements. An act of Force Majeure shall relieve MEEST from the requirements of timely delivery. In the event of an act of Force Majeure which will delay the delivery of funds to the intended recipient by more than fifteen (15) calendar days then MEEST shall give you the option to cancel this Agreement in which case you will receive back the moneys that you paid, less 3% of the amount shown as the charge for the transmission, and less the full amount which is designated as the delivery charge had the delivery had been realized.
6. LIMITATION OF LIABILITY. MEEST'S LIABILITY UNDER THIS CONTRACT SHALL BE EXPRESSLY LIMITED TO THE AMOUNT OF MONEY PAID BY YOU FOR TRANSMISSION TO A FOREIGN COUNTRY TOGETHER WITH THE FEE THAT YOU PAY TO MEEST FOR THAT SERVICE. UNDER NO CIRCUMSTANCES WILL MEEST, SERVANTS AND EMPLOYEES, ITS SUBSIDIARIES AND/OR SISTER COMPANIES (IF ANY) OR THEIR AGENTS, SERVANTS OR EMPLOYEES, ITS DIRECTORS, OFFICERS OR STOCKHOLDERS BE LIABLE TO YOU, YOUR HEIRS ASSIGNS OR SUCCESSORS, AGENTS, SERVANTS OR EMPLOYEES, THE INTENDED RECIPIENT OF THE FUNDS TO BE TRANSMITTED OR THEIR HEIRS ASSIGNS OR SUCCESSORS, AGENTS, SERVANTS OR EMPLOYEES FOR ANY CLAIMS FOR LOST PROFIT, DIRECTOR INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR CONTINGENT DAMAGES RESULTING FROM THE FAILURE TO DELIVER THE MONEYS SOUGHT TO BE TRANSMITTED, EXCEPT THAT IF THE FAILURE TO DELIVER IS SOLELY THE FAULT OF MEEST, THEN MEEST SHALL REFUND BOTH THE MONEYS PAID BY YOU FOR TRANSMISSION TOGETHER WITH THE FEE THAT YOU PAID FOR THIS SERVICE. SUBJECT TO THE PROVISIONS CONTAINED IN THE SECTION TITLED "FORCE MAJEURE EVENTS", IN THE EVENT THAT THE MONEY IS NOT TRANSMITTED WITHIN THE SPECIFIED TIME PERIODS FOR DELIVERY, AND SUCH FAILURE IS OCCASIONED SOLELY BY THE ACTIONS OF MEEST ITS AGENTS, SERVANTS OR EMPLOYEES, THEN YOU SHALL BE ENTITLED TO RECEIVE BACK THE AMOUNT PAID BY YOU AS THE FEE FOR THE TRANSMISSION OF MONEYS.
7. CUSTOMER ACKNOWLEDGMENT. With respect to the funds which the Customer has requested to be transferred by wire transmission (the "Funds"), the Customer acknowledges and confirms as follows:
1. The Funds have not been obtained or derived from any type of criminal activity;
2. The Funds are not being transferred as part of any money laundering scheme or arrangement;
3. The wiring of the Funds shall not conflict with any laws, regulations, statutes, acts or ordinances currently in effect in the United States of America and/or in Canada, or any other jurisdiction;
4. The Customer acknowledges that Meest Corporation Inc. is relying on this Acknowledgment in entering into the within Agreement with the Customer.
8. CANCELLATION (REFUND) POLICY. You may cancel your online money transfer order at any time prior to the recipient receiving the transfer; in such event, upon successful confirmation that the transfer has not been picked up by the recipient or has not been delivered, you will receive a refund of the total amount paid by you minus the applicable service charge and/or delivery charge. If your online money transfer involved currency exchange, MEEST will refund your order at the day's exchange rate on the day of cancellation. Please note that as exchange rates fluctuate daily, and we cannot guarantee that you will obtain the same exchange rate at which the order was placed. In no circumstances will MEEST refund you a higher amount than the amount you had originally paid for your order.
9. RESERVATION OF RIGHTS. In no event shall MEEST be liable for damages, for delays, or for non-delivery of this money transfer due to insufficientfunds. MEEST reserves the right to refuse to accept any order for the transmission of moneys, if in the sole opinion of MEEST, the order does not comply with or may violate any laws, rules, regulations or ordinances of the United States, Canada or of the state in which the order is accepted or of the country to which it is transmitted or through which it may pass.
10. APPLICABLE LAW. This Agreement shall be governed by the laws of the Province of Ontario, Canada.
11. COMPLAINTS. If you have any questions or complaints concerning this Agreement please contact:
Meest Corporation Inc.
97 Six Point Road
Toronto, ON M8Z 2X3
Canada
Toll Free: 1-800-361-7345