Terms of Service

1. Introduction

Symoco Payments Ltd is authorized by the Financial Transactions and Reports Analysis Centre of Canada (FINTRAC) under the Money services business (MSB), register reference M22177458, as a payment service provider for money transfers, dealing with foreign exchange and virtual currencies. By accessing and using our services, you agree to comply with and be bound by the following terms and conditions. If you do not agree with any part of these terms and conditions, you must not use our services.

When the word “Symoco”, “we”, “us”, “our” is used in these Terms, this means Symoco Payments Ltd (https://symoco.ca).

Any references to “Company”, “customer”, “you” or “your” in this Terms and Conditions, mean the legal entity in whose name the service is provided and who is agreeing to the Agreement.

Symoco usually communicates with you through email, text messages or the Symoco app. Symoco will provide Account information and tell you about any fraud, or suspected fraud, relating to your Account (if we are able to). It is also how we will tell you if there is a security threat to your Account.

2. Eligibility

To use our services, you must be at least 18 years old and capable of entering into legally binding agreements. By using our services, you represent and warrant that you meet these eligibility requirements. Additional verification requirements may apply based on the nature of the transactions and the regulatory requirements.

3. Registration and Account

To use our services, you are required to register and open an account with us. We open accounts for corporate entities and individuals. During the registration process, you must provide accurate and complete information and keep your account information updated. Failure to provide accurate information may result in suspension or termination of your account.

Businesses and organizations can open corporate accounts to manage their financial transactions. Company documents, company beneficial owners’ and authorized signatories’ documents will be required to verify the legitimacy and identity of the business and related individuals. Individuals can open personal accounts to manage their financial transactions. Identity verification will be required.

4. Compliance with Laws

By using our services, you agree to comply with all applicable laws and regulations, including but not limited to anti-money laundering (AML) and counter-terrorism financing and proliferation (CTF) laws. You agree not to use our services for any illegal or unauthorized purpose. We can refuse to let you open or hold a Symoco Account if you carry out any other business or activity that we are not comfortable with.

We might ask for more information to meet our legal and regulatory requirements. Please provide the required information quickly so that we will not be forced to restrict our services to your account or terminate our business relationship.

We also may ask you for more information if this is necessary to successfully process your payment. Please provide the required information quickly so that we will be able to fulfill your payment request.

5. Services

Payments: we provide payment services to facilitate the transfer of funds between accounts. Payments can be made domestically or internationally, subject to applicable fees.

Virtual Assets Transactions: we facilitate the buying, selling, and transferring of virtual assets. Virtual assets transactions are subject to specific terms and conditions, including market volatility and transaction fees.

Currency Exchange: we provide currency exchange services to convert one currency to another at prevailing exchange rates. Currency exchange transactions may be subject to fees.

6. Access to the Services

You manage your Account and related services through the Symoco Account portal, which only you and the appropriate authorized persons will have access to.

You can check all payments into and out of your Account through the Symoco Account portal. This information will be available to you through the Account portal until you close your Account with us.

Please ensure that you download all necessary information from your account before initiating the closure process. Once the account is closed, access to the Symoco Account portal and any associated information will be permanently restricted.

The Agreement is binding on you, but you can authorize other people (delegates) to carry out certain activities on your behalf. There are different categories of delegates, all referred to in these Terms as “authorized persons”. We will treat all instructions and actions by authorized persons acting within the limits of their authority as if you had given that instruction or carried out that action yourself. It is your responsibility to withdraw your authority from, or impose limits on, any authorized person (for example, if they are no longer employed by you). Any authorized person must be 18 or over. You are also responsible for all their acts. For example, if they lose their account credentials or their security details, it is your responsibility to tell us in line with these Terms, although you may ask them to tell us instead.

7. Fees and Charges

Individual tariffs: we know that different types of businesses need different things, so we offer flexible tariffs to suit our customers. You can see them via your Symoco Account portal. Different limits and restrictions will apply to your Account depending on the type of the tariff you choose.

Fees: we charge fees for our services as outlined in your individual tariff. All fees are subject to change at our discretion. You will be notified of any fee changes in advance.

Compliance costs: you may be invoiced for some expenses which we bear during compliance checks of your application in order to adhere to industry regulations.

Taxes: you are responsible for any taxes applicable to your use of our services. It is your responsibility to report and remit any taxes due to the appropriate tax authorities.

8. Security

You are responsible for maintaining the confidentiality of your account information, including your password and any other access credentials. You are responsible for all activities that occur under your account. Notify us immediately of any unauthorized use of your account or any other security breach.

We ask you and all authorized persons to do all you reasonably can to keep your (and their) security details safe. Security details include usernames and any passwords that allow access to the Symoco Account portal. Don’t share your security details with anyone other than a person who is acting in line with regulatory requirements.

9. Privacy

We are committed to protecting your privacy. Our Privacy Policy, which is available on our website, explains how we collect, use, and protect your personal information. By using our services, you consent to our collection and use of your personal information in accordance with our Privacy Policy.

To provide services under the Agreement we may need to collect information about you (and any authorized person). In certain circumstances that information may constitute ‘personal data’ for the purposes of the Personal Information Protection and Electronic Documents Act 2000. Under Personal Information Protection law, we are what is known as the ‘data controller’ of your personal data.

By entering into the Agreement, you are giving us permission (and the permission of any authorized person) to gather, store and process personal information for the purpose of providing our services to you. This doesn’t affect any rights and obligations you or we have under data protection law.

You can withdraw your permission by closing your Account, which will end the Agreement between you and us. If you do this, we’ll stop using your information for the purpose of providing our services, but we may need to keep your information for other legal reasons.

10. Intellectual property

We own all the intellectual property in our products (for example, the content in the Symoco Account portal, and our logo). You must not use our intellectual property as your own, except to enjoy our products. You also must not reverse-engineer any of our products (that is, reproduce them after a detailed examination of their construction or composition).

11. Limitation of Liability

To the fullest extent permitted by law, Symoco Payments Ltd shall not be liable for any indirect, incidental, special, or consequential damages, including but not limited to lost profits, arising from or in connection with your use of our services. Our total liability to you for any damages arising from or related to these terms and conditions shall not exceed the total amount of fees paid by you to the Company during the six months prior to the event giving rise to the liability.

We’ll do as much as reasonably possible to make sure that our services are not interrupted and are accessible at a reasonable speed. However, we can’t guarantee (except as required by law) that this will always be the case or that the services will be free from faults. This is partly because we also rely on some third parties to provide services to you. If you have a Symoco account, we will let you know about any changes to our system that will affect your ability to use the Symoco account.

12. Indemnification

You agree to indemnify and hold Symoco Payments Ltd, its affiliates, officers, directors, employees, and agents harmless from any claims, losses, damages, liabilities, and expenses (including legal fees) arising from your use of our services or any violation of these terms and conditions.

13. Termination

We reserve the right to suspend or terminate your account and access to our services at our discretion, without notice, if we believe you have violated these terms and conditions or engaged in fraudulent or illegal activity or do not comply with our AML policy or business risk appetite. You may terminate your account at any time by providing written notice to us. Upon termination, you must cease all use of our services and any outstanding fees and charges will become immediately due and payable. When your Account is closed and we owe you any money, for five years at least after your Account has been closed, you’ll be able to contact customer support and ask to send you the money we still hold for you.

14. Amendments

We may amend these terms and conditions at any time by posting the revised terms on our website. Your continued use of our services after the posting of any amendments constitutes your acceptance of the revised terms. It is your responsibility to review these terms and conditions periodically for any changes.

We also ask you to keep your details up to date and let us know immediately if any information you’ve given us changes and we will update it.

15. Complaints

If you feel that we have not met your expectations in the delivery of our services or if you have any other form of complaint, please let us know. You may inform us by telephone or email using the contact details provided in Clause 1.5. We will try to acknowledge any complaints you have about your payment instrument or the service we provide to you within 2 business days and resolve them within 8 weeks of receiving your complaint. We have internal procedures for handling complaints fairly and promptly.

If you are still not happy once we have responded to your complaint then, if your complaint falls within the Financial Ombudsman Service’s jurisdiction, you may be able to take your complaint to the Ombudsman for banking services and investments. Eligibility criteria and information on the procedures involved are available on the following weblink (https://www.obsi.ca). Please note the size of your commercial organization may impact your rights to use this channel of complaint.

16. Governing Law

These terms and conditions shall be governed by and construed in accordance with the laws of Canada. Any disputes arising from or in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the courts of Canada.

You might prefer to exhaust our complaints procedures before taking legal proceedings in court. However, if you wish to take legal proceedings in court, you can bring proceedings in the courts of British Columbia.

17. Contact details

If you have any questions or concerns about these terms and conditions, please contact us at:

Symoco Payments Ltd

Registration Number: BC1365789

License Number: M22177458

323 – 71 W 2nd Ave., Vancouver, British Columbia, V5Y 0J7, Canada

Website: https://symoco.ca

Phone: +1 431 458 0714

Email: [email protected]