Genesis Innovation Management User Agreement for JAD Service

User Agreement for JAD Service

Last Update: 18 March 2016

1.    Overview

This Agreement contains fifteen sections (including a schedule). You may jump directly to any section by selecting the appropriate link below. The headings and subheadings below are for reference only and do not limit the scope of each section. Some capitalised terms have specific definitions in Section 15. 

1)    Our Relationship with You

2)    Eligibility and Types of Accounts

3)    Funding Your Account

4)    Sending Money

5)    Receiving Money

6)    Account Balances and Transaction Information

7)    Withdrawing/Redeeming E-money

8)    Term and closing Your Account

9)    Fees and Currency Conversion

10) Restricted Activities

11) Your Liability – Actions We May Take

12) Errors and Unauthorised Transactions

13) Disputes with JAD

14) Definitions

15) Appendix 1. JAD Acceptable Use Policy

16) Schedule 1. Table of Fees

 

1.1.         This Agreement is a contract between you and Genesis Innovation Management Inc. hereinafter referred to as JAD and applies to your use of the Services.

 

1.2.         All future Changes will be set out in a Policy Update published on the "Legal Agreements" section of the JAD website for the Services incorporated by reference into this Agreement and will take effect as specified in that Policy Update.

 

1.3.         This Agreement, together with other legal terms and legally required disclosures relating to your use of the JAD Service will be provided to you, at all times on the JAD website(s) (typically located on the "Legal Agreements" section of the home page). This information may also be sent to you or appear in places on the JAD website(s) or otherwise where relevant to your use of the Services.

 

1.4.         By registering for the Services, you must read, agree with and accept all of the terms and conditions contained in this Agreement (including the Policy Updates, policies and reward terms referred to above). This Agreement is provided to you and concluded in English. You agree that any use by you of the Services shall constitute your acceptance of the Agreement and we recommend that you store or print-off a copy of the Agreement (including all policies) for your records.

 

1.5.         JAD may require you to have a JAD Account to use the Services (including, without limitation, to send or receive payments).

 

1.6.         IMPORTANT

This is an important document which you must consider carefully when choosing whether to use the Services at any time. Please read the terms of this Agreement carefully before agreeing to it.  This Agreement also highlights certain risks on using the Services together with guidance on how to safely carry out online payments via JAD.

 

1.6.1.              You are solely responsible for understanding and complying with any and all laws, rules and regulations of your specific jurisdiction that may be applicable to you in connection with your use of the Services, including but not limited to, those related to export or import activity, taxes or foreign currency transactions.

 

1.6.2.              Please note the following risks and key terms applicable to your use of the Services:

 

1.6.3.              Risk of payment reversals -

Payments received in your JAD Account may be reversed at a later time, for example, if such a payment is subject to a Chargeback, Reversal, Claim or otherwise invalidated.  This means that for some of our vendors, payments received into their Account may be returned to the sender or otherwise removed from their Account after they have been paid and/or delivered any goods or services sold.

 

1.6.4.              We may close, suspend, or limit your access to your Account or our Services, and/or limit access to your funds to the extent and for so long as reasonably needed to protect against the risk of liability if you violate this Agreement including the JAD Acceptable Use Policy (Appendix 1), or any other agreement you enter into with JAD.  For the avoidance of doubt, we may permanently block your account for breach of section 12.6 (Information about you).

 

1.6.5.              Risk of payments being held by JAD

Your ability to access funds in your Account and to execute payment transactions from your Account may be subject to holds at any given time to mitigate risks and liability to you.  Funds held may be marked, for example, "Pending", "Uncleared", "Held".

 

For the purposes of this Agreement:

1.6.5.a.                  Examples of when funds may be held by JAD to mitigate risks include when those funds are subject to:

1.6.5.a.i.                  Reserve (see section 12.4)

1.6.5.a.ii.                 Payment review (see section 6.2)

1.6.5.a.iii.                Payment Hold (see section 12.5)

1.6.5.a.iv.              Restricted Activity and actions taken by JAD (see sections 11 and 12.2)

 

1.6.6.              Disputes

If you wish to open a Dispute through JAD's Resolution Centre you must do so within 60 days of making your payment.

 

1.6.7.              Payment execution

Please note that JAD will execute a valid Payment Order made by you through your Payment Account immediately and credit the recipient to whom you are sending your payment as soon as that recipient accepts the payment (which can be within the next three (3) Days) following the date you initiated your valid Payment Order. This execution time is subject to certain conditions and more detail around execution of Payment Orders is set out in section 5.1 of this Agreement.

 

You must consider such risks and guidance when using JAD.

 

1.7.         For more information about the JAD service, please read our Key Payment and Service Information.

 

2.    Our Relationship with You

2.1.        JAD is only a Payment Service Provider.

2.1.1.            Genesis Innovation Management Inc. trading as JAD is a company duly incorporated under the laws of Saint Christopher and Nevis.  JAD's main business is the issuance of E-money and the provision of services closely related to the issuance of E-money in Closed User Groups (CUG) made up of authorised groups and companies.  

 

2.1.2.              A description of the main characteristics of the JAD Service is set out in the Key Payment and Service Information document which is accessible via the Legal Agreements link of each page of the JAD website(s). Since the service is limited to E-money, which does not qualify as a deposit or an investment service in the sense of the Law, you are not protected by any deposit guarantee schemes that may be provided. JAD enables you to make payments to and accept payments from third parties. JAD is an independent contractor for all purposes. JAD does not have control of nor assumes the liability or legality for the products or services that are paid for with our Service. We do not guarantee the identity of any User or ensure that a buyer or a vendor will complete a transaction. Please note that there are risks of dealing with underage persons or people acting under false pretence.

 

2.2.        Your Privacy.

Protecting your privacy is very important to JAD. Please review our Privacy Policy in order to better understand our commitment to maintaining your privacy, as well as our use and disclosure of your Information.

 

2.3.         Intellectual Property.

2.3.1.              The URLs representing the JAD website(s), "JAD," and all related logos of our products and services described in our website(s) are either copyrighted by JAD, trademarks or registered trademarks of JAD or its licensors. In addition, all page headers, custom graphics, button icons, and scripts are either copyrighted by JAD, service marks, trademarks, and/or trade dress of JAD. You may not copy, imitate, modify, alter, amend or use them without our prior written consent. You, as a counterparty, may use HTML logos provided by JAD through our counterparty services or affiliate programmes without prior written consent for the sole purpose of identifying yourself on your website as a counterparty who accepts payments through the Service and directing web traffic from that website to the Service, but we may limit or revoke this permission at any time and for any reason in our sole discretion. You may not alter, modify or change these HTML logos in any way, use them in a manner that is disparaging to JAD or the Service or display them in any manner that implies JAD's sponsorship or endorsement. All right, title and interest in and to the JAD website and any content thereon is the exclusive property of JAD and its licensors.

 

2.3.2.              When providing us with content or posting content (in each case for publication, whether on- or off-line) using the Services, you grant the JAD Group a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable (through multiple tiers) right to exercise any and all copyright, publicity, trademarks, database rights and intellectual property rights you have in the content, in any media known now or in the future. Further, to the fullest extent permitted under applicable law, you waive your moral rights and promise not to assert such rights against the JAD Group, its sub licensees or assignees. You represent and warrant that none of the following infringe any intellectual property right: your provision of content to us, your posting of content using the Services, and the JAD Group's use of such content (including of works derived from it) in connection with the Services.

 

2.4.         Assignment.

You may not transfer or assign any rights or obligations you have under this Agreement without JAD's prior written consent. You are not permitted to transfer your Account to a third party. JAD reserves the right to transfer or assign this Agreement or any right or obligation under this Agreement at any time without your consent. This does not affect your rights to close your Account under section 9.1.

 

2.5.         Notices to You.

We will communicate with you in the language(s) in which we have made available this Agreement to you. You agree that JAD may provide notice or other information to you by posting it on the JAD website(s) (including the posting of information which is only accessed by you by logging into your Account), emailing it to the email address listed in your Account, mailing it to the street address listed in your Account, calling you by phone, or sending you a "text" / SMS message. You must have internet access and an e-mail account to receive communications and information relating to the Services. With the exception of amendments to this Agreement, such notice shall be considered to be received by you within 24 hours of the time it is posted to the JAD website(s) or emailed to you. If the notice is sent by mail, we will consider it to have been received by you three Business Days after it is sent. You may request a copy of any legally required disclosures (including this Agreement) from us and we will provide this to you in a form which allows you to store and reproduce the information (for example, by e-mail) and you may terminate your consent to receive required disclosures through electronic communications by contacting JAD as described in section 2.6 below. JAD may charge you a Records Request Fee (per Schedule 1) to provide a paper copy. JAD reserves the right to close your Account if you withdraw your consent to receive electronic communications.

 

2.6.         Notices to JAD.

Notices to JAD made in connection with this Agreement must be sent by postal mail to JAD's head office: Genesis Innovation Management Inc, Attention: Legal Department, #1 Fern Street, Greenlands, Basseterre, St. Kitts.

 

2.7.         Transaction History.

Unless your Account is restricted, you can access your details of executed payment transactions and other information relating to your Account transaction history and Balance by logging into your Account and clicking on the "Transaction" tab. See section 7.1 of this Agreement for more information about accessing your Account information. You agree to review your transactions through your Account History instead of receiving periodic statements by mail.

 

2.8.         Amendments to this Agreement.

2.8.1.              We may at any time amend, delete or add to this Agreement, including the Fees and other amounts which apply to your Account (as set out in Schedule 1) (a "Change") by giving notice of such Change by posting a revised version of this Agreement on the JAD website(s). A Change will be made unilaterally by us and you will be deemed to have accepted the Change after you have received notice of it. We will give you 2 months' notice of any Change with the Change taking effect once the 2 month notice period has passed, except the 2 month notice period will not apply where a Change is required by law or relates to the addition of a new service, extra functionality to the existing Service or any other change which we believe in our reasonable opinion to neither reduce your rights nor increase your responsibilities. In such instances, the Change will be made without prior notice to you and shall be effective immediately.

 

2.8.2.              If you do not accept any Change, you must close your Account following the account closure procedure set out in section 9. If you do not object to a Change by closing your Account within the 2 month notice period, you will be deemed to have accepted it. While you may close your Account at any time and without charge, please note that you may still be liable to us after you terminate this Agreement for any liabilities you may have incurred and are responsible for prior to terminating this Agreement and please further note our rights under section 12.3 (Account closure and limited access).

 

3.    Eligibility and Types of Accounts

3.1.         Eligibility.

To be eligible for our Services, you must (i) be a resident of one of the participating countries listed on the JAD Participating Countries page; (ii) have full legal capacity to enter into a contract; and (iii) if you are an individual, be at least 18 years old. You further represent and warrant to us in opening an Account with us that you are not acting on behalf of, or for the benefit of, anyone else, unless you are opening the Account for and under the direction of the company that employs you or acting in your capacity as the parent or guardian of a minor. If you are not acting for the company that employs you, the new Account must be in your own name only. This Agreement applies only to Users who are residents of OECS. If you are a resident of another country, you may access your agreement from the JAD website(s) in your country (if applicable).

 

3.2.         Personal and Business Accounts.

We offer the following types of Accounts: Personal and Business Accounts. Unless otherwise agreed, you may hold not more than one Personal Account and one Business Account. Holders of certain Personal Accounts may be required to upgrade their accounts (which may include providing further information to JAD) in order to use all of the current functionality available in a Personal Account. By opening a Business Account and accepting the terms as outlined in this Agreement, you attest that you are not establishing the Account primarily for personal, family, or household purposes.

 

4.    Funding Your Account. 

You may fund your JAD Account through any of the following means:

 

4.1.         Cash Deposit through Authorised Agents: You may visit any of the authorised JAD agents to exchange physical cash for JAD electronic money.  You agree to the following:

4.1.1.              Authorised agents are limited ONLY to the agents listed on JADs official website under "Authorised Agents", and will show the name of the agent, the physical address of the agent and the contact number of the agent, for your relevant country.

 

4.1.2.              Authorised agents are required to display the JAD Agent logo on their premises.

 

4.1.3.              You are required to initiate a cash in transaction code that the agent MUST scan in order to complete the transaction.

 

4.1.4.              You may be required to present an acceptable form of identification.

4.2.         Bank Transfers.  You may initiate electronic funds transfer from your bank account as follows subject to availability of the service in your country:

4.2.1.              Bank Initiated Transfers:  is a payment where you instruct your bank to make a payment to JAD's bank account. This instruction is made by you contacting your bank directly and providing the bank with JAD's bank account details. You agree that once JAD receives the funds from your bank that JAD may hold those funds until the Business Day that JAD has determined that the risk of the payment being reversed due to NSF Risk has passed.

4.2.2.              Add funds:  An "Add funds" transaction allows you to add funds to your Account Balance from your bank account via a direct debit initiated through JAD.  It involves the execution of a Payment Order that instructs your bank to pay JAD. You agree that once JAD receives the funds from your bank that those funds will be held in your Account until the Business Day that JAD has deemed that the risk of the payment being reversed due to NSF Risk has passed. Until the Payment Order is completed the transaction will appear as "Uncleared" in your Account details.

4.3.         JAD will make electronic transfers from your bank account in the amount you specify through a mechanism called Automated Clearing House Electronic Funds Transfer (or ACH EFT for short). You agree that such requests by you for JAD to make electronic transfers from your bank account constitute your authorisation to JAD to make the transfers and once you have provided your authorisation for the transfer, you will not be able cancel the electronic transfer with the exception that you may cancel any recurring direct debit transaction if the cancellation is made 48 hours before the date of payment specified in the transaction.  You give JAD the right to resubmit any ACH debit you authorised that is returned for insufficient or uncollected funds. If you cancel any direct debit, you agree to reimburse us for the value of any goods or services that you have consumed with the proceeds of that direct debit.

 

4.4.         Funding Source Limitations. In order to manage risk, JAD may limit the Funding Sources available for a transaction. If we limit a Funding Source, we will alert you that there is a higher than normal level of risk associated with the payment (for example and without limitation, a risk that the payment may be challenged to be unauthorised). Such a notice does not mean that either party to the transaction is acting in a dishonest or fraudulent manner. It means there may be a higher than normal level of risk associated with the payment.

 

5.     Sending Money

5.1.         Our execution of your Payment Orders.

Subject to the terms of this Agreement (and your compliance with the same), you agree that we will execute a Payment Order via your account and credit the recipient to whom you are sending your payment where

5.1.1.              You initiate the creation of a JAD, or

5.1.2.              You respond to a request for payment JAD, subject to:

5.1.2.a.                  all mandatory information requested in the relevant payment or checkout flows;

5.1.2.b.                  that you have sufficient funds to make the payment in your JAD account;

5.1.2.c.                   valid consent to authorise your Payment Order, such valid consent is provided when you:

5.1.2.c.i.                  click the "Pay" or "Continue" or other button in the sections of the JAD application or website(s) or JAD checkouts which permit you to send us a Payment Order after you have submitted your correct log-in information (e.g. e-mail and password) and successfully logged into your JAD Account; and/or

5.1.2.c.ii.                 instruct us to make a payment in any other way which we may notify you when making the Payment Order from time to time.

5.1.2.c.iii.                You do not revoke or cancel your payment order before acceptance; and/or

5.1.2.c.iv.               The maximum time for acceptance or payment as published by JAD from time to time has not elapsed.  We may, at our reasonable discretion (for example, without limitation, to limit fraud or credit risk), impose limits on the length of time a transaction may remain pending and in response expire the Payment Order or Payment Request JADs.

5.2.         Our obligation to execute payment orders as set out above in this section 5.1 only applies to payments executed: between Users with registered Accounts; and in Eastern Caribbean Currency.

 

5.3.         Pay Limits.

We may, at our reasonable discretion (for example, without limitation, to limit fraud or credit risk), impose limits on the amount of money you can pay through our Service.  If you have a periodic sending limit on your Account, you can view it by logging into your Account and clicking on the "View Limits" link on the "Account Overview" page.

 

5.4.         JAD may, from time to time, require you to, or provide you with options to lift your pay limit.

 

5.5.         Refused Transactions.

When you send E-money, although the E-money is available to the recipient, the recipient is not required to accept it. You agree that you will not hold JAD liable for any damages resulting from a recipient's decision not to accept a payment made through the Service. We will:

5.5.1.              quickly return any refunded or denied payment to your Balance; and

5.5.2.              return any unclaimed payment to your Balance within 3 Days after the date you initiated the payment.

 

5.6.         Recurring Payments

Recurring Payments are also called "subscriptions", "preapproved payments" or "automatic payments".  These can be managed via your JAD Account by scheduling and providing an advance Authorisation, giving a third party the ability to receive payments from your Account on a one-time basis, or on a (sporadically or periodically) recurring basis until you cancel your arrangement or authorisation with JAD. You hereby authorise and instruct JAD to pay the third party amounts from your JAD Account in response to your receipt and response to an a multipay JAD. You agree that JAD is not obligated to verify or confirm the amount the third party presents through us for the purpose of processing this type of payment. You further acknowledge and agree that payments made under this provision are variable and may be made on various dates.

 

5.7.         Cancelling Recurring Payments. You may cancel a Recurring Payment at any time up to 1 Business Day prior to the date the payment is scheduled to be made. You may cancel a Recurring Payment by logging in to your Account, accessing the "Settings" tab, then, in the "Payment settings" section, clicking on " Preapproved Payments" and following the instructions to cancel the payment. Please keep in mind that Recurring Payments are sometimes referred to as subscriptions or preapproved payments. In addition, if you cancel a Recurring Payment you may still be liable to the counterparty for the payment and be required to settle with the counterparty through alternative means.

 

5.8.         Currency Conversion

If your payment order requires a currency conversion by us, the conversion rate will be determined at the time the applicable third party processes your payment and completes the transaction. You acknowledge that the exchange rate determined at the time of each payment transaction will differ.

 

5.9.         Sending E-money in Multiple Currencies.

You may Send Money in any authorised currency as permitted and published on JAD.CASH under authorised currencies. There may be some restrictions with regard to where you can send certain currencies. When you are sending money to a counterparty who has requested a currency that is different than your primary currency, you will need to specify whether you want to pay the counterparty in the counterparty's requested currency, or in your primary currency (in some cases, the counterparty may not give you a choice). If you send E-money in a currency that is not your primary currency, we follow these practices:

5.9.1.              If you have a Balance in the requested currency, we will fund your transaction from your Balance.

5.9.2.              If you have a Balance in a different currency, we will perform a currency conversion and use it to fund your transaction.

 

6.    Receiving Money

JAD may allow anybody (with or without a JAD Account) to initiate a payment to your Account in response to a REQUEST JAD generated by you.  No direct payment to your account not associated with a previously generated request JAD can be made unless you first acknowledge and accept the payment order.

 

6.1.         Lifting your receiving limit.

We may, at our reasonable discretion (for example, without limitation, to limit fraud or credit risk), impose limits on the amount of money you can receive through our Service.  If you have a periodic receiving limit on your Account, you can view it by logging into your Account and clicking on the "View Limits" link on the "Account Overview".

 

6.1.1.              You may lift your receiving limit, where you:

6.1.1.a.                  confirm your location (whether via our automated process, your telephone or post) and or

6.1.1.b.                  for Business Account holders, provide supplemental business information.

6.1.2.              JAD may, from time to time, require you to, or provide you with the option of, carrying out other methods or procedures to lift your receiving limit.

 

6.2.         Payment Review.

Payment Review is a process by which JAD reviews certain potentially high-risk payment transactions. This may be because JAD has the reasonable suspicion that a buyer's Payment Instrument and/or Account are being used in relation to Restricted Activities (as set out in section 11) or for other reasons as determined by us in our reasonable discretion. If a payment is subject to Payment Review, JAD will:

6.2.1.a.                  execute the Payment Order initiated by the buyer;

6.2.1.b.                  in JAD's discretion, immediately upon such execution restrict the buyer's Payment Instrument;

6.2.1.c.                   place a hold on the payment, meaning the funds are held in the vendor's Account;

6.2.1.d.                  provide notice to the vendor to delay the shipping of the item purchased by the buyer; and

6.2.1.e.                  conduct its review of the payment.

6.2.2.              Where a Payment Review finds problem with the payment, the payment will be reversed and the funds returned to the buyer from the vendor's Account. JAD will provide notices to you by email and/or in the Transaction History tab of your JAD account. A payment subject to Payment Review is a review of the payment only and is implemented to reduce the risk of JAD users receiving high risk transactions. A payment subject to Payment Review is neither a review nor a representation by JAD as to the commercial dealings, character or reputation of a party to the payment transaction and should not be considered as a lessening of the respect of any person.

 

6.3.         Risk of Reversals, Chargebacks and Claims.

The receipt of a payment into your JAD Account does not equate to the receipt of cleared funds. A notification that E-money has been sent to you, does not amount to a receipt of E-money in your Account unless you have accepted the payment. You acknowledge and agree that a payment transaction is completed and received by you even if it becomes subject to a Reversal, Chargeback. Claim, Reserve or hold. When you receive a payment, you are liable to JAD for the full amount of the payment plus any Fees if the payment is later invalidated for any reason. In addition to any other liability, if there is a Reversal, or if you lose a Chargeback or Claim, you will owe JAD an amount equal to the Reversal, Chargeback or Claim and our Fees per Schedule 1 (including a Chargeback Fee if applicable) and JAD will debit your Balance to recover such an amount.

 

6.4.         Non discouragement.

In representations to your customers or in public communications, you agree not to mischaracterise or disparage JAD as a payment method. You agree that you will only surcharge for the use of JAD in compliance with any law applicable to you. You further agree that if you do charge a buyer any form of surcharge that you, and not JAD, will inform the buyer of the requested charge. JAD has no liability to any buyer where you have failed to inform the buyer of any surcharge. You acknowledge that if you are permitted to surcharge and you further fail to disclose any form of surcharge to a buyer this may constitute a criminal offence by you.

 

6.5.         Receiving Money in Multiple Currencies.

You do not need to maintain a Balance in a particular currency to accept payments sent in that currency.

6.5.1.              You may only maintain balances in the primary currency of the account. 

6.5.2.              If you already maintain a Balance in the currency in which you receive a payment, we will credit all payments received in that currency to your Balance.

6.5.3.              Where your balance is not in the currency of the payment, you will be advised of the currency conversion rate and the amount that will be credited to your account in the account's primary currency. 

6.5.4.              Where you and not (not JAD) offer a currency conversion at the point of sale, you will inform the buyer of the exchange rate and any charges that will be applied to the payment transaction. JAD has no liability to any buyer if you fail to inform the buyer of the exchange rate and charges. You acknowledge that if you fail to disclose the exchange rate and charges to the buyer this may constitute a criminal offence by you.

 

6.6.         Taxes. It is your responsibility to determine what, if any, taxes apply to the payments you make or receive, and it is your responsibility to collect, report and remit the correct tax to the appropriate tax authority. JAD is not responsible for determining whether taxes apply to your transaction, or for collecting, reporting or remitting any taxes arising from any transaction.

 

6.7.         Your Refund Policy and Privacy Policy. We recommend that if you are selling goods or services you have a published return policy and a published privacy policy on your website.

 

 

7.    Account Balances and transaction information

7.1.         Balances and transaction information.

7.1.1.              You may check your Balance by logging into your Account. Key information relating to your payments including your transaction history will be updated and made available to you at any time by logging into your Account. You will also be able to access a downloadable report via the "History" section of your Account. The "History" section will also show all Fees incurred and any other amounts charged to your Account in the relevant period. The "History" will only be updated and made available if there has been any activity on your Account or any Fees have been incurred in the relevant period.

 

7.1.2.              JAD reserves the right to charge a Fee for providing you with additional information or for providing the transaction history and other information about Fees in a different way. The way in which we provide the transaction information will allow you to store and reproduce the information unchanged, for example by printing a copy.

 

7.1.3.              JAD will ensure that the details of each transaction will be made available for you to view online for at least 13 months from when it is first made available.

 

7.2.         If you hold a Balance you will not receive interest or any other earnings on this Balance because the Balance represents E-Money and not a deposit.

 

7.3.         Set-off of Balances. You agree that we may set-off any of the amounts held in Accounts held or controlled by you with any fees, charges or other amounts you owe us and (unless prevented by insolvency law) any such amounts you owe other members of the JAD Group. In simple terms, our right to set-off means that we may deduct such fees, charges or other amounts mentioned in this section from an Account Balance held or controlled by you.

 

7.4.         Security Interest. To secure your performance of this Agreement, you grant to JAD a legal claim against the proceeds of your Account as security for any amount you may owe to us. This is known in legal terms as a "lien" on and "security interest" in your Account.

 

8.    Cash Out/Redeeming E- money

8.1.         How to Withdraw/Redeem E-money. You may withdraw funds by electronically transferring them to your bank account or by making a Cash Out request at any Authorised JAD Agent. 

 

8.2.         Withdrawal must be denominated in the primary currency of the account, but may also be displayed in the currency where the withdrawal is being made.

 

8.3.         Withdrawal/Redemption Limits. We may, at our reasonable discretion (for example, without limitation, to limit fraud or credit risk), impose limits on the amount of money you can withdraw through our Service.  You can view your periodic withdrawal limits, if any, by logging into your Account and clicking on the "View Limits" link on the "Account Overview.

8.3.1.              Lifting your withdrawal limit.  In order to lift your withdrawal limit, you will be required to provide supplemental business information which may include location information and or details of the associated transactions. 

8.3.2.              JAD may, from time to time, vary the methods and requirement available to you to facilitate you being able to lift your withdrawal limit.

8.4.         Identity Requirements:  You agree to comply with our requests to verify your identity before we redeem E-money to you to allow us to reduce the risk of fraud or to otherwise comply with our anti-money laundering or other legal obligations.

8.5.         Execution timeframes.  Redemption transactions from your Payment Account will be executed within the timeframes set out in section 4.

8.6.         Transaction Review. We may review your withdrawal transaction to mitigate any risks and/or to prevent money laundering and to ascertain whether any Restricted Activity (as set out in section 11) is taking place ("Redemption Risk"). Where a Redemption Risk is identified by us, we reserve the right to restrict your Payment Instrument and/or refuse your Payment Order.

8.7.         When you instruct us to perform a redemption, we may treat this as a future dated Payment Order which we will execute within the timeframes set out in section 4 once we determine the Redemption Risk has passed. If we release the restriction and/or proceed to process your withdrawal, you agree that the date of your Payment Order will start on the Business Day the restriction was lifted.

 

9.    Terms and How to Close Your Account

9.1.         Terms and How to Close Your Account. The term of this Agreement is for a period of time when you successfully register for a JAD account until this Agreement is terminated for whatever reason.

 

9.1.1.              Subject to section 9.2, you may close your Account and terminate this Agreement at any time by logging in to your Account, clicking on the "Profile" tab, clicking on the "Close Account" link, and then following the instructions.

 

9.1.2.              Upon Account closure, we will cancel any pending transactions.

 

9.1.3.              You must withdraw your Balance not later than the time you close your Account and terminate this Agreement. You can find out more about closing your Account in the JAD Help Centre which is accessed via the JAD website.

 

9.2.         Limitations on Closing Your Account. You may not close your Account to evade an investigation. If you attempt to close your Account while we are conducting an investigation, we may hold your funds for up to 180 Days to protect JAD or a third party against the risk of Reversals, Chargebacks, Claims, fees, fines, penalties and other liabilities of whatever nature. You will remain liable for all obligations related to your Account even after the Account is closed.

 

9.3.         Unclaimed Balances on Dormant Accounts. Subject to the remainder of this section, E-money held in your Account is not subject to any time limitation as to its validity.

 

9.3.1.              If you do not access your Account for a period of three years it may be closed.

 

9.3.2.              After closure, we may use the information you have provided us to try to send you any funds in redemption of the E-money in your Account. If that information is not correct and we are unable to complete the payment to you, we may then deposit (at your expense) your E-money with the Treasury Department of your country's, Ministry of Finance or where applicable any authority designated as the authority for the receipt of unclaimed E-Money.

 

9.3.3.              For the avoidance of doubt, neither the Ministry of Finance nor any designated authority, is an operational unit of JAD. Please contact JAD Customer Service at the telephone number shown on the JAD website(s) if you have any questions about funds held in your Account if it has been closed pursuant to this section 11.3.

 

10. Fees and Currency Conversion

10.1.      Fees.

10.1.1.           Fees for registered Users are set out in Schedule 1 below as per your country. For the avoidance of doubt, a User with a JAD Account not registered in St. Kitts and Nevis will be liable to JAD for the fees as set out in the terms of the User Agreement applicable to the country where the User is registered or as set out in the Fee Table accessible via the "footer" of each page of the JAD website applicable to the country where the User is registered.

 

10.1.2.           If other Fees apply for services or functionalities not referred to in Schedule 1 below, you will be notified of those Fees on the JAD Website(s) where those other services or functionalities are offered or provided.

 

10.2.      Currency Conversion.

10.2.1.           If your transaction involves a currency conversion by JAD, it will be completed at a foreign exchange rate determined by a financial institution, which is adjusted regularly based on market conditions. The exchange rate is adjusted regularly and may be applied immediately and without notice to you. This exchange rate includes a processing fee expressed as a certain percentage above the wholesale exchange rate at which JAD obtains foreign currency, and the processing fee is retained by JAD.

 

10.2.2.           Where a currency conversion is offered by JAD at the point of sale you will be shown the exchange rate that will be applied to the transaction before you proceed with authorising the payment transaction. By proceeding with your authorisation of the payment transaction you are agreeing to the currency conversion on the basis of the exchange rate.

 

10.2.3.           Where a currency conversion is offered at the point of sale by the counterparty, not by JAD, and you choose to authorise the payment transaction on the basis of the counterparty's exchange rate and charges, JAD has no liability to you for that currency conversion.

 

10.2.4.           A Currency Conversion Fee (as set out in Schedule 1 of this Agreement) will apply whenever JAD performs a currency conversion.

 

11. Restricted Activities

11.1.      Restricted Activities. In connection with your use of our website, your Account, or the Services, or in the course of your interactions with JAD, a User or a third party, you will not:

11.1.1.           Breach this Agreement (including, without limitation, opening multiple JAD accounts or breaching, the Acceptable Use Policy or any other agreement that you have entered into with JAD;

11.1.2.           Breach any law, statute, contract, or regulation (including, without limitation, those governing financial services including anti-money laundering, consumer protections, unfair competition, anti-discrimination and false advertising);

11.1.3.           Infringe JAD's or any third party's copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy;

11.1.4.           Act in a manner that is obscene, defamatory, libellous, unlawfully threatening or unlawfully harassing;

11.1.5.           Provide false, inaccurate or misleading Information;

11.1.6.           Fail to provide us with further information about you or your business activities that we may reasonably request;

11.1.7.           Send or receive what we reasonably believe to be potentially fraudulent or unauthorised funds;

11.1.8.           Refuse to cooperate in an investigation or provide confirmation of your identity or any Information you provide to us;

11.1.9.           Attempt to "double dip" or undertake any action which could amount to unjust enrichment during the course of a dispute by receiving or attempting to receive funds from both JAD and the vendor, bank, or credit card company for the same transaction;

11.1.10.        Use an anonymising proxy;

11.1.11.        Control an Account that is linked to another Account that has engaged in any of these Restricted Activities;

11.1.12.        Conduct your business or use the Services in a manner that results in or may result in complaints, Disputes, Claims, Reversals, Chargebacks, fees, fines, penalties and other liability to JAD, a User, a third party or you;

11.1.13.        Abuse (as either a buyer or vendor) of our Dispute Resolution process;

11.1.14.        Cause JAD to receive a disproportionate number of Claims that have been closed in favour of the claimant regarding your Account or business;

11.1.15.        Use your Account or the Services in a manner that JAD, Visa, MasterCard, American Express or our bank acquirer and/or payment processors reasonably believe to be an abuse of the bank's reversal process, credit card system or a violation of credit card association rules;

11.1.16.        Allow your Account to have a balance reflecting an amount owing to us;

11.1.17.        Undertake activity that does or may present to us a credit or fraud risk, a sudden increase in exposure, or a significant or otherwise detrimental level of exposure (as JAD reasonably believes based on the information available to it);

11.1.18.        Access the Services from a country that is not included on JAD's Participating Countries listing;

11.1.19.        Disclose or distribute another User's Information to a third party, or use the Information for marketing purposes unless you receive the User's express consent to do so;

11.1.20.        Send unsolicited email to a User or use the Services to collect payments for sending, or assisting in sending, unsolicited email to third parties;

11.1.21.        Take any action that imposes an unreasonable or disproportionately large load on our infrastructure;

11.1.22.        Facilitate any viruses, Trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or Information;

11.1.23.        Use any robot, spider, other automatic device, or manual process to monitor or copy our website without our prior written permission;

11.1.24.        Use any device, software or routine to bypass our robot exclusion headers, or interfere or attempt to interfere, with our website or the Services;

11.1.25.        Copy, reproduce, communicate to any third party, alter, modify, create derivative works, publicly display or frame any content from the JAD website(s) without our or any applicable third party's written consent;

11.1.26.        Take any action that may cause us to lose any of the services from our internet service providers, payment processors, or other suppliers;

11.1.27.        Use the Service to test credit card behaviours;

11.1.28.        Reveal your Account password(s) to anyone else, nor may you use anyone else's password. We are not responsible for losses incurred by you including, without limitation, the use of your Account by any person other than you, arising as the result of misuse of passwords;

11.1.29.        Do, or omit to do, or attempt to do or omit to do, any other act or thing which may interfere with the proper operation of the Service or activities carried out as part of the Services or otherwise than in accordance with the terms of this Agreement;

11.1.30.        Request or send a Personal Transaction payment for a Commercial Transaction;

11.1.31.        Allow your use of the Service to present to JAD a risk of non-compliance with JAD's anti-money laundering, counter terrorist financing and similar regulatory obligations (including, without limitation, where we cannot verify your identity or you fail to complete the steps to lift your sending, receiving or withdrawal limit in accordance with sections 5.3, 6.1 and 8.3 or where you expose JAD to the risk of any regulatory fines by OECS, European, US or other authorities for processing your transactions); or

11.1.32.        Integrate or use any of the Services without fully complying with all mandatory requirements communicated to you by way of any integration or programmers' guide or other documentation issued by JAD from time to time.

11.2.      You agree that engaging in the above Restricted Activities diminishes your or other JAD customers' safe access and/or use of your Payment Instrument, Account or the Service generally.

 

11.3.      Keeping your Payment Instrument Safe. You agree to perform the following actions to keep your Payment Instrument safe:

11.3.1.           Not engage in any of the Restricted Activities;

11.3.2.           Keep the details of your password and PIN safe;

11.3.3.           Not allow anyone else to have or use your password or PIN details;

11.3.4.           Not disclose the details of your password or PIN except when using the Service;

11.3.5.           Never write your password or PIN in a way that can be understood by someone else;

11.3.6.           Not choose a password or PIN that is made more memorable to you such as a sequence of letters or numbers that may be easy to guess;

11.3.7.           Take care to make sure that no one sees your password or PIN when you use it;

11.3.8.           Ensure you are logged out of all payment-relevant applications in your device when you don't use it to access the Service and/or when others could access it (e.g. where you share your device with others or use your device through unsecured public internet connections, such as in typical public "free-WiFi" areas);

11.3.9.           Refrain from using any functionality that saves or stores your password or PIN on your access device;

11.3.10.        Comply with all reasonable instructions we may issue regarding how you can keep your Payment Instrument safe;

11.3.11.        Keep your personal details in your Account up to date. We may be unable to respond to you if you contact us about your Account from an address, telephone number or email account that is not registered with us; and

11.3.12.        Take all reasonable steps to protect the security of the personal electronic device through which you access the Services (including, without limitation, using pin and/or password protected personally configured device functionality to access the Services). If you lose your device, you must inform us immediately and delete your device from the settings in your JAD account.

 

12. Your Liability – Actions We May Take

12.1.      Your Liability

You are responsible for all Reversals, Chargebacks, fees, fines, penalties and other liability incurred by JAD, a JAD User, or a third party caused by your use of the Services and/or arising from your breach of this Agreement. You agree to reimburse JAD, a User, or a third party for any and all such liability.

12.1.1.           Reimbursement for Your Liability.  In the event you are liable for any amounts owed to JAD, JAD may immediately remove such amounts from your Balance (if available). If there are insufficient funds in your Balance to cover your liability, JAD reserves the right to collect your debt to JAD by using any payments received in your Account and otherwise you agree to reimburse JAD through other means. JAD may also recover amounts you owe us through legal means, including, without limitation, through the use of a debt collection agency.

12.1.2.           Temporary Holds for Disputed Transactions.  If a buyer files a Claim, Chargeback or Reversal on a payment you received, JAD will place a temporary hold on the funds in your Account to cover the full amount of the Claim, Chargeback or Reversal. A hold placed under this provision will not restrict your use of the Account with regard to funds other than those disputed or at risk under the Claim, Chargeback or Reversal, unless we have another reason for doing so. If you win the dispute or if the payment is eligible for a payment under the terms of JAD Vendor Protection, we will release the hold and restore your access to the applicable funds. If you lose the dispute, JAD will remove the applicable funds from your Account.

12.1.3.           Unless otherwise directed by us, you must not use or attempt to use your Payment Instrument or Account while it is suspended or has been closed. You must ensure that all agreements with counterparty's or other third parties that involve third party initiated payments (including, Recurring Payments) set up from your Account are cancelled immediately upon the termination, suspension or closure of your Account. You remain liable under this Agreement in respect of all charges and other amounts incurred through the use of your Account at any time, irrespective of termination, suspension or closure.

 

12.2.      Actions by JAD. If we have reason to believe that you have engaged in any Restricted Activities, we may take various actions to protect JAD, a User, a third party, or you from Reversals, Chargebacks, Claims, fees, fines, penalties and any other liability. The actions we may take include but are not limited to the following:

12.2.1.           We may, at any time and without liability, suspend, block, limit, close or cancel your right to use your Payment Instrument or Account entirely or for any particular transaction, which may in turn suspend, block, limit, close or cancel access to your Account or the Services (such as limiting access to any of your Funding Sources, and your ability to send money, make withdrawals, or remove financial Information). We will normally give you advance notice of any suspension or cancellation but we may, if it is reasonable to do so (for example if you are in breach of this Agreement or we consider it advisable for security reasons), suspend or cancel your right to use your Payment Instrument or Account without prior notice to you;

12.2.2.           Block your Account and/or hold any funds in the Account (including, without limitation, for more than 180 days if so required by JAD, where JAD's rights under section 12 arise from your engagement in the Restricted Activity set out in section 11.);

12.2.3.           Refuse any particular payment transaction at any time for any reason and will only be required to make available the fact of the refusal and the reasons for the refusal and how you may resolve the problem, where possible, upon request and provided it is not prohibited by law;

12.2.4.           We may reverse a payment (including, if appropriate, to the sender's Funding Source), that violates our Acceptable Use Policy or section 11, or which we reasonably suspect of violating our Acceptable Use Policy or section 11;

12.2.5.           We may contact third parties and disclose details of the Restricted Activities in the manner set out in our Privacy Policy;

12.2.6.           We may request information from you or otherwise update inaccurate Information you provided us;

12.2.7.           We may refuse to provide our Services to you in the future;

12.2.8.           We may hold your funds to the extent and for so long as reasonably needed to protect against the risk of liability. You acknowledge that, as a non-exhaustive guide:

12.2.9.           JAD's risk of liability in respect of card-funded payments that you receive can last until the risk of a Chargeback closing in favour of the payer/buyer (as determined by card scheme rules) has passed. This depends on certain factors, including, without limitation:

12.2.9.a.               The type of goods or services for which you receive payment; or

12.2.9.b.               The timeframe for delivery of the goods or performance of the services for which you receive payment (e.g. sales of event tickets months in advance of the event date can present a higher and more enduring risk of Chargebacks than sales of most other items or services);

12.2.9.c.                JAD's risk of liability in respect of a Claim or Dispute arising from a payment that you receive can last for the time that it takes for the parties to close the Claim or Dispute and all appeals associated with that Claim or Dispute;

12.2.9.d.               JAD's risk of liability in respect of any event of insolvency that you suffer can last for as long as and to the extent that laws applicable to your insolvency restrict JAD from taking legal action against you; and

12.2.9.e.               If you allow your Account to have a balance reflecting an amount owing to JAD, JAD's risk of liability can last for the time and to the extent that you owe that amount to JAD.

12.2.10.        We may take legal action against you.

 

12.3.      Account Closure and Limited Access. At our sole discretion we may close your Account and terminate this Agreement with you at our convenience by providing you with two months prior notice. We may also close your Account and terminate this Agreement at any time where you are in breach of the terms of this Agreement.

 

12.3.1.           If we close your Account, we will provide you with notice of Account closure and where practicable, the reasons for closing your Account, together with the ability to withdraw any undisputed funds that we are holding.

 

12.3.2.           If we suspect that your Account has been accessed without your authorisation, we may also suspend, or limit, your access to your Account or the Services (such as limiting access to any of your Funding Sources, and your ability to send money, make withdrawals, or remove financial Information). If we otherwise limit access to your Account, we will provide you with notice and opportunity to request restoration of access if appropriate.

 

12.4.      Reserves. JAD, in its sole discretion, may place a Reserve on funds held in your Account when JAD reasonably believes (based on the information available to JAD at the time of taking the Reserve and what in its sole discretion it regards as an acceptable level of risk to JAD under all the circumstances) there may be a higher than acceptable level of risk associated with your Account.

 

12.4.1.           If JAD places a Reserve on funds in your Account, the funds will be held in your Account and those funds will be shown as "pending" in your JAD Balance.

 

12.4.2.           If your Account is subject to a Reserve, JAD will provide you with a notice specifying the terms of the Reserve. The terms may require that a certain percentage of the amounts received into your Account are held for a certain period of time, or that a certain amount of money is held in reserve, or anything else that JAD determines is necessary to protect against the risk associated with your Account.

 

12.4.3.           JAD may change the terms of the Reserve at any time by providing you with notice of the new terms.

 

12.4.4.           You may close your Account if you object to the Reserve.

 

12.4.5.           If your Account is closed for any reason, we have the right to hold the Reserve for up to 180 Days. When managing risk for Accounts, we may also limit the amount you can immediately withdraw or change the speed or the method of payment for withdrawals, set-off amounts from your Balance and/or require that you, or a person associated with you, enter into other forms of security arrangements with us (for example, by providing a guarantee or requiring you to deposit funds with us as security for your obligations to us or third parties). You also agree to undertake, at your own expense, any further action (including, without limitation, executing any necessary documents and registering any form of document reasonably required by us to allow us to perfect any form of security interest or otherwise) required to establish a Reserve or other form of security in a manner reasonably determined by us.

 

12.5.      Payment Hold

12.5.1.           You agree that if either:

12.5.1.a.               you receive a payment that involves Transaction Risk; or

12.5.1.b.               there may be a higher than acceptable level of risk or exposure associated with your Account (based on the information available to JAD at the relevant time and what in its sole discretion it regards as an acceptable level of risk or exposure to JAD under all the circumstances).

JAD may in its sole discretion (acting reasonably) place a hold on that or any payment. If JAD places a hold on funds in your Account, we will notify you about it (including, without limitation, how long the hold may last) - the funds will be held in your Account and those funds will be shown as "pending" in your JAD Balance. We may notify you about the hold through authorised third parties (such as partner platforms on which you transact).

12.5.2.           JAD will release the hold made on your payment under this provision when JAD determines that the Transaction Risk; or risk or exposure associated with your Account, no longer exists. Please note that, notwithstanding the above, if you receive a Dispute, Claim, Chargeback, or Reversal on the transaction payment subject to the hold, the funds (or an amount equal to the relevant payment) may be held in your Account until the matter is resolved pursuant to this Agreement.

12.5.3.           You agree to provide to JAD any information as JAD may reasonably request to allow JAD to determine whether the Transaction Risk or risk or exposure to your Account has passed. You may close your Account if you object to the hold under this provision. If your Account is closed for any reason, JAD has the right to hold a payment under this provision for a period of up to 180 days from the date the complete obligations under the contract for sale (to which the payment in question relates) have been discharged.

 

12.6.      Information about you

12.6.1.           JAD reserves the right to request additional information from you, other than what is referred to in this Agreement, to allow it to comply with its anti-money laundering obligations.

12.6.2.           You agree to comply with any request for further information as we reasonably require to enable us to comply with our anti-money laundering obligations. This may include, without limitation, requiring you to fax, email or otherwise provide to us certain identification documents.

12.6.3.           You also agree to provide us, upon our reasonable request and at your own expense, information about your finance and operations, including, without limitation, your most recent financial statements (certified or otherwise) and counterparty processing statements (if applicable).

 

13. Errors and Unauthorised Transactions

13.1.      Identifying Errors and/or Unauthorised Transactions.

13.1.1.           You can inspect your transaction history at any time by logging in to your Account on the JAD website and clicking the "History" tab.

13.1.2.           It is very important that you immediately notify JAD if you have reason to believe any of the following activities have occurred: (i) there has been an unauthorised transaction sent from your Account; (ii) there has been unauthorised access to your Account; (iii) your password or PIN has been compromised; (iv) any device you have used to access the Services has been lost, stolen or deactivated, or (v) someone has transferred or may transfer money from your Account without your permission (collectively called "Improper Account Access").

13.1.3.           You must also immediately notify us if you have reason to believe that any other error has occurred on your Account.

13.1.4.           In order for you to notify JAD immediately of any of the above events, we strongly recommend that you monitor your Account closely on a regular basis.

 

13.1.5.           We will not seek to hold you liable for any unauthorised use of your Account by any person provided that we are satisfied that you have not acted deliberately so as to enable any third person to gain access to your JAD ID and/or password/PIN or to your device while you are logged into the Services.

 

13.1.6.           We will hold you liable for unauthorised use of your Account if we have evidence that suggests: you acted deliberately so as to enable any third person to gain access to your JAD ID and/or password/PIN; you acted fraudulently; or you have with intent or gross negligence failed to comply with your obligations to use your Payment Instrument in the manner set out in this Agreement.

 

13.2.      Notifying JAD of Errors Unauthorised Transactions and/or misappropriated or unauthorised use of your Payment Instrument.

13.2.1.           You must notify us if you believe there has been or will be an error, unauthorised transaction, misappropriated or unauthorised use of your Payment Instrument or your Account, by telephoning JAD Customer Service at the telephone number shown on the JAD website(s), contacting us using this report form or writing to JAD, Attn: Error Resolution Department, # 1 Fern Street, Greenlands, Basseterre, St. Kitts.

 

13.2.2.           If you initially provide information to us via the telephone, we may require that you send your complaint or question in writing within ten Business Days after the phone contact. Please complete the affidavit form and submit it online or mail it to JAD, Attn: Error Resolution Department, # 1 Fern Street, Greenlands, Basseterre, St. Kitts.

 

13.2.3.           You must give us all the information in your possession as to the circumstances of any errors, unauthorised transactions and/or misappropriated or unauthorised use of your Payment Instrument or Account and take all reasonable steps requested to assist JAD in its investigation.

 

13.2.4.           We may provide third parties with information we consider relevant in such circumstances in accordance with our Privacy Policy.

 

13.3.      Review of Reports of Errors.

13.3.1.           We will advise you of the results of our investigation within 20 Business Days after we receive your notice.

13.3.2.           If we have made an error, we will correct it promptly.

 

13.3.3.           If we need more time, however, we may take up to 60 Days to investigate your complaint or question.

 

13.3.4.           If we decide that we need more time, we will provisionally re-credit your Account for the amount you think is in error within ten Business Days after we receive your notice; so that you will have use of the E-money during the time it takes us to complete our investigation.

 

13.3.5.           If you initially provided information to us via the telephone and we do not receive your complaint or question in writing within ten Business Days after your oral notice, we are not required to provisionally re-credit your Account.

 

13.3.6.           At the end of our investigation, we will advise you of the results within three Business Days. If we determine that there was no error, we will send you a written explanation and we may debit any provisional credit that we previously credited to you in relation to the alleged error. You may ask for copies of the documents that we used in our investigation (and this will not attract the Records Request Fee set out in Schedule 1).

 

13.4.      Liability for Unauthorised Transactions.

13.4.1.           If you report that there has been an Improper Account Access related to your Account, and there is no evidence to suggest fraud or deliberate or grossly negligent behaviour by you, we will reimburse you in full for all unauthorised transactions sent from your Account provided that you have informed us of the Improper Account Access without undue delay and in any event, no later than 60 days after the first Improper Account Access transaction was executed.

13.4.2.           Where we believe in our reasonable opinion that further investigation is required to ascertain more clearly the circumstances surrounding the reported Improper Account Access, we will follow the same process as set out in section 13.3 above for such investigation

 

13.5.      Errors.

13.5.1.           If we discover a processing error, we will rectify the error.

13.5.2.           If the error resulted in your receiving less money than you were entitled to, JAD will credit your Account for the difference.

 

13.5.3.           If the error results in you receiving more money than you were entitled to, JAD may debit the extra funds from your JAD Account.

 

13.5.4.           If the error resulted in our not completing a transaction on time or in the correct amount, we will be liable to refund any amount as a result of carrying out a defective or non-executed payment transaction and for your losses or damages directly and reasonably foreseeably caused by this failure, unless:

13.5.4.a.               through no fault of ours, you did not have enough available funds to complete the transaction,

13.5.4.b.               our system was not working properly and you knew about the breakdown when you started the transaction, or

13.5.4.c.                circumstances beyond our control (such as fire or flood or loss of Internet connection) prevented the transaction, despite our reasonable precautions.

13.6.      Notwithstanding any other term of this Agreement, JAD will not be held liable for the non-execution or defective execution of a payment transaction (whether initiated by yourself or another JAD customer) if you have failed to notify JAD of such an incorrectly executed payment transaction without undue delay, or in any event no later than within 6 months after the debit date, on becoming aware of such incorrectly executed payment transaction.

 

14. Disputes with JAD

14.1.      14.1 Contact JAD First.

14.1.1.           If a dispute arises between you and JAD, our goal is to learn about and address your concerns and, if we are unable to do so to your satisfaction, to provide you with a neutral and cost effective means of resolving the dispute quickly.

14.1.2.           Disputes between you and JAD regarding our Services may be reported to Customer Service online via the "Email Us" link on the "Contact Us" page at any time, or by calling the Customer Service telephone number located on the JAD website(s) and by logging into your Account.

 

14.2.      Governing Law and Jurisdiction. This Agreement and the relationship between us shall be governed by the Laws of the Federation of Saint Christopher and Nevis. For complaints that cannot be resolved otherwise, you submit to the non-exclusive jurisdiction of the Courts of the Federation of St. Kitts and Nevis arising out of or relating to this Agreement.  In simple terms, "nonexclusive jurisdiction of the St. Kitts and Nevis courts" means that if you were able to bring a claim arising from this Agreement against us in Court, an acceptable court would be a court located in St. Kitts and Nevis, but you may also elect to bring a claim in the court of another country instead. English law will apply in all cases.

 

14.3.      No Waiver. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

 

14.4.      Limitations of Liability.

 

14.4.1.           We shall only be liable to you for loss or damage caused directly and reasonably foreseeable by our breach of this Agreement and our liability in these circumstances is limited as set out in the remainder of this section.

14.4.2.           In no event shall we, the other companies in our corporate group, persons who act on our behalf, and/or the persons we enter into contracts with be liable for any of the following types of loss or damage arising under or in relation to this Agreement (whether in contract, tort (including, without limitation, negligence) or otherwise:

14.4.2.a.               any loss of profits, goodwill, business, contracts, revenue or anticipated savings even if we are advised of the possibility of such damages, loss of profits, goodwill, business, contracts, revenue or anticipated savings; or

14.4.2.b.               any loss or corruption of data; or

14.4.2.c.                any loss or damage whatsoever which does not stem directly from our breach of this Agreement; or.

14.4.2.d.               any loss or damage whatsoever which is in excess of that which was caused as a direct result of our breach of this Agreement (whether or not you are able to prove such loss or damage).

14.4.3.           Nothing in this Agreement shall limit our liability resulting from our fraud or fraudulent misrepresentation, gross negligence, wilful misconduct, for death or personal injury resulting from either our or our subcontractor's negligence or to the extent such limitation or exclusion is not permitted by applicable law.

14.5.      No Warranty.

14.5.1.           We provide the Services to you subject to your statutory rights but otherwise without any warranty or condition, express or implied, except as specifically stated in this Agreement. JAD does not have any control over the products or services that are paid for with our Service and JAD cannot ensure that a buyer or a vendor you are dealing with will actually complete the transaction or is authorised to do so.

14.5.2.           JAD does not guarantee continuous, uninterrupted or secure access to any part of our Service. We shall not be liable for any delay in the failure in our provision of the Services under this Agreement.

14.5.3.           You acknowledge your access to the website(s) may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services.

14.5.4.           We make every effort to ensure that the information contained in our correspondence, reports, on the website(s) and given verbally by our directors, officers and staff is accurate to the best of our belief at the time the information is provided. However, we cannot guarantee the accuracy of all such information in all circumstances and contexts, and no reliance should be placed on such information by you. You must check all correspondence between us carefully and tell us as soon as possible if it includes something which appears to you to be wrong or not made in accordance with your instructions.

14.5.5.           You alone are responsible for understanding and complying with any and all laws, rules and regulations of your specific jurisdiction that may be applicable to you in connection with your use of the Services, including but not limited to, those related to export or import activity, taxes or foreign currency transactions.

14.6.      Indemnification/re-imbursement. You agree to defend, reimburse or compensate us (known in legal terms to "indemnify ") and hold JAD, our other companies in our corporate group, the people who work for us or who are authorised to act on our behalf harmless from any claim or demand (including legal fees) made or incurred by any third party due to or arising out of your or your employees' or agents' breach of this Agreement, breach of any law and/or use of the Services.

 

14.7.      Complete Agreement and third party rights.

 

14.7.1.           This Agreement (including any Schedule) sets forth the entire understanding between you and JAD with respect to the Service.

14.7.2.           Sections 3, 9, 10, 12, 14, 15 and Schedule 1, as well as any other terms which by their nature should survive, will survive the termination of this Agreement.

14.7.3.           If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall be enforced.

14.7.4.           A person who is not a party to this Agreement has no rights under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of this Agreement (except for the JAD Group in respect of their rights as specified in this Agreement) but this does not affect any right or remedy of third parties which exists or is available apart from that Act.

 

14.8.      Licence grant.

 

14.8.1.           If you are using JAD software such as an API, developer's toolkit or other software application that you have downloaded to your computer, device, or other platform then JAD and its licensors grant you a limited nonexclusive license to use JAD's software in accordance with the documentation, including all updates, upgrades, new versions and replacement software, as described herein for your personal use only.

14.8.2.           You may not rent, lease or otherwise transfer your rights in the software to a third party.

14.8.3.           You must comply with the implementation and use requirements contained in all JAD documentation, together with any instructions provided by us from time to time accompanying the Services (including, without limitation, any implementation and use requirements we impose on you to comply with applicable laws and card scheme rules and regulations).

14.8.4.           If you do not comply with JAD's instructions, implementation and use requirements you will be liable for all resulting damages suffered by you, JAD and third parties.

14.8.5.           You agree not to alter, reproduce, adapt, distribute, display, publish, reverse engineer, translate, disassemble, decompile or otherwise attempt to create any source code which is derived from the software.

14.8.6.           You acknowledge that all rights, title and interest to JAD's software are owned by JAD. Any third party software application you use on the JAD website is subject to the license you agreed to with the third party that provides you with this software. JAD does not own, control nor have any responsibility or liability for any third party software application you elect to use on the JAD website and/or in connection with the Services.

 

14.9.      Corporate customers. If you are not a consumer, (being an individual acting for purposes other than a trade, business or profession) Micro-Enterprise or a charity with an annual income of less than 1 million XCD, we consider you to be a "Corporate Customer". In such cases you warrant and represent to JAD that at the time you entered into this Agreement or any other relevant service terms, you are a Corporate Customer and hereby agree that the following sections of this Agreement will be varied as follows:

14.9.1.           where you identify an error, unauthorised transaction and/or misappropriated or unauthorised use of your Payment Instrument or Account in accordance with sections 13.1 and 13.2 you have up to 60 days from the date of the alleged error or Improper Account Access to notify us of it, after which time we have no obligation to investigate or act upon your notification;

14.9.2.           we will only accept liability for unauthorised transactions in accordance with section 13.4 where you have notified us of the Improper Account Access or error within 60 days of it; and

 

15. Definitions

"ACH" means the Automated Clearing House network.

"Account" or "JAD Account" means a Personal, Business or Premier Account.

"Add Funds" has the meaning given in section 3.7.

"Agreement" means this agreement including all subsequent amendments.

"Authorise" or "Authorisation" means you authorise a counterparty or other third party to collect or direct a payment from your Account.

"Balance" means any E-money that you have in your JAD Account.

"Balance/Bank Funded Payment" means a payment that is fully funded through Instant Transfer, and/or Balance (as the case may be).

"Business Account" means an Account used primarily for business purposes and not for personal, family, or household purposes.

"Business Days" means a day (other than a Saturday or Sunday) on which banks in participating countries are open for business (other than for the sole purpose of 24-hour electronic banking).

"buyer" means a User who is buying goods and/or services and using the Services to send payment.

"calendar year" means 1 January to 31 December inclusive in any year.

"Change" has the meaning given in section 2.8.

"Chargeback" means a challenge to a payment that a buyer files directly with his or her credit card issuer or company.

"Claim" means a challenge to a payment that a sender of a payment files directly with JAD.

"Customer Service" is JAD's customer support which can be accessed online via the "Email Us" link on the "Contact Us" page or by calling the customer service number located on the JAD website(s).

"Days" means calendar days.

"Dispute" means a query filed directly with JAD regarding any transactions processed against a user's account.

"E-money" means monetary value, as represented as a claim on JAD, which is stored on an electronic device, issued on receipt of funds, and accepted as a means of payment by persons other than JAD. The terms "E-money", "money" and "funds" are used interchangeably in this Agreement. Further, a reference to a payment made via the Services refers to an E-money payment.

"Fees" means those amounts stated in Schedule 1 to this Agreement.

"Funding Source" means the payment method used to fund a transaction. The following payment methods may be used to fund a transaction: Cash and bank transfer.

"Information" means any confidential and/or personally identifiable information or other information related to an Account or User, including but not limited to the following: name, email address, post/shipping address, phone number and financial information.

"Mass Payments" (alternatively known as "Bulk Payments") means the functionality that enables multiple payments to be sent at the same time. Receipt by us of a Mass Payments batch file from you is, subject to section 3.1, receipt of your Payment Order for the purpose of this Agreement.

 "Micro-Enterprise" means an enterprise which employs fewer than 10 persons and has an annual balance sheet that does not exceed 2 million XCD.

"NSF Risk" means the risk that a bank may reverse a bank funded payment due to the reason that there were insufficient funds in the bank account to make the payment.

"Payment Account" has the meaning given to it at the introduction of this Agreement.

"Payment Instrument" means any or all of the procedures, instructions or requirements which are set out in the JAD website(s) and which allow Users to access and/or use the JAD Service.

"Payment Order" means an instruction validly made by you to us requesting the execution of a payment transaction.

"Payment Recipient" means the JAD user who is the beneficiary of any completed payment order.

"Payment Review" means the process described in section 4 of this Agreement.

"JAD," "we," "us" or "our" means Genesis Innovation Management Inc (trading as JAD) with registered head office at #1 Fern Street, Greenlands, Basseterre, St. Kitts and includes its successors and any person to whom it has assigned its rights under this Agreement.

"JAD Location Based Payments Functionality" means the JAD POS Functionality within the JAD Mobile App that enables a User to pay another User (typically a counterparty) for goods and services, by which the paying User selects and thereby Authorises the other User (i.e. the counterparty) to receive a payment. JAD Location Based Payments Functionality may be otherwise referred to as "JAD Check in" or "Check in to pay".

"JAD Mobile App" means the application on a mobile device that enables a User to carry out certain JAD Account transactions using that mobile device.

"JAD POS Functionality" means any functionality provided by JAD that enables a User to receive payment for goods and services in that User's JAD account, where that User commences the fulfilment of the relevant transaction exclusively at a physical point of sale (for example, in store).

"JAD website(s)" means any URL, such as JAD.cash, that we use to provide the Services to you.

"Personal Account" means an Account used primarily for personal, family, or household purposes.

"Policy" or "Policies" means any Policy or other agreement between you and JAD that you entered into on the JAD website(s), or in connection with your use of the Services.

"Policy Update" means a prior notice of Changes which JAD may make available to you in writing.

"Recurring Payment" has the meaning given in section 5.6.

"Reserve" means an amount or percentage of the funds received into your Account that we hold in order to protect against the risk of Reversals, Chargebacks, Claims or any other risk, exposure and/or liability related to your Account and/or use of the Services.

"Account" has the meaning given to it in the introduction to this Agreement.

"Resolution Centre" means the JAD Resolution Centre which can be accessed via the "My Account" tab when you are logged into your Account or by any other means as JAD may from time to time make available.

"Restricted Activities" means those activities described in section 11 of this Agreement.

"Reversal" means a payment that you received which JAD may reverse to the sender or another third party because the payment: (a) has been challenged by a buyer directly with their bank; and/or (b) has been removed from your Balance for any reason (other than a Chargeback or Claim pursuant to JAD Buyer Protection), including, without limitation where (i) the payment violates our Acceptable Use Policy or we reasonably suspect that the payment violates our Acceptable Use Policy; or (ii) the payment amount was not authorised by the sender with the relevant third party in connection with a valid third party initiated payment authorisation; or (iii) the payment was funded by a bank transfer that was subsequently reversed by the bank for any reason; and/or (c) has been categorised by JAD's internal risk modelling as a risky payment required to be reversed to mitigate the risk associated with the payment. The term "Reversed" shall be construed accordingly.

"vendor" and "counterparty" are used interchangeably and mean a User who is selling goods and/or services and using the Services to receive payment.

"Send Money" means your ability to send money though the Service.

"Services" means all products, services, content, features, technologies or functions offered by JAD and all related sites, applications, and services.

"Transaction Risk" means the risk of JAD's position being adversely affected with respect to any liability of yours to JAD or any third party relating to any Commercial Transaction payment (including, without limitation, (i) the risk relating to any Dispute, Claim, Chargeback, Reversal, fees, fines or penalties, (ii) the risk of a vendor not performing a contract with its buyers, (iii) a risk that arises if you sell an item that you do not immediately deliver upon receipt of payment and (iv) the risk of any other liability being incurred by JAD (or any third party) related to the payment in question), in each case whether actual, anticipated by JAD or believed by JAD to exist. Transaction Risk includes, without limitation, (a) in the case of event or concert ticket sales, the risk that exists until the event or concert has taken place and, (b) in the case of transactions relating to travel, the risk that exists until the travel-related goods and services have been provided. You may be notified from time to time about other specific circumstances where Transaction Risk arises (or is deemed to have arisen) for the purpose of this Agreement.

"Unauthorised Payment" means a challenge from a buyer claiming that he or she did not make the payment, and that the person who made the payment was not authorised.

"Unique Identifier" means (1) for the purpose of sending a JAD payment: the e-mail address, mobile phone number or other identifier we may notify to you which is registered to a JAD Account in good standing; or (2) for withdrawing funds from your Account: your bank account

"User," "you" or "your" means you and any other person or entity entering into this Agreement with us or using the Service.

 

Appendix 1. Acceptable Use Policy

A1.         You are independently responsible for complying with all applicable laws in all of your actions related to your use of JAD's services, regardless of the purpose of the use. In addition, you must adhere to the terms of this Acceptable Use Policy.

 

A2.         Prohibited Activities

A2.1.   You may not use the JAD service for activities that:

A2.1.1.       violate any law, statute, ordinance or regulation.

A2.1.2.       relate to transactions involving (a) narcotics, steroids, certain controlled substances or other products that present a risk to consumer safety, (b) drug paraphernalia, (c) cigarettes, (d) items that encourage, promote, facilitate or instruct others to engage in illegal activity, (e) stolen goods including digital and virtual goods, (f) the promotion of hate, violence, racial intolerance or the financial exploitation of a crime, (g) items that are considered obscene, (h) items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction, (i) certain sexually oriented materials or services, (j) ammunition, firearms, or certain firearm parts or accessories, or (k) certain weapons or knives regulated under applicable law.

A2.1.3.       relate to transactions that (a) show the personal information of third parties in violation of applicable law, (b) support pyramid or ponzi schemes, matrix programs, other "get rich quick" schemes or certain multi-level marketing programs, (c) are associated with purchases of annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card, (d) are for the sale of certain items before the seller has control or possession of the item, (e) are by payment processors to collect payments on behalf of counterpartys, (f) are associated with the sale of traveller's cheques or money orders, (h) involve currency exchanges or cheque cashing businesses, (i) involve certain credit repair, debt settlement services, credit transactions or insurance activities, or (k) involve offering or receiving payments for the purpose of bribery or corruption.

A2.1.4.       involve the sales of products or services identified by government agencies to have a high likelihood of being fraudulent.

 

A3.         Violations of the Acceptable Use Policy

A3.1.   We encourage you to report violations of this Acceptable Use Policy to JAD immediately. If you have a question about whether a type of transaction may violate the Acceptable Use Policy, you can email JAD's AUP Compliance Department at: [email protected].

 

 

Schedule 1. Table of Fees

Fees depend on whether you are making a Commercial Transaction, JAD Business Payment or a Personal Transaction and whether that transaction is Cross Border or Domestic.

 

A "Commercial Transaction" involves buying and selling goods and services, or payments received when you "request money" using JAD.

A "Personal Transaction" involves sending money (initiated from the "Pay" tab, and receiving money into your JAD Account from, friends and family without making a purchase (that is, the payment is not for goods or services). If you are selling goods or services, you may not ask the buyer to send you a Personal Transaction payment for the purchase. If you do so, JAD may remove your ability to accept any or all payments for Personal Transactions. Please also note that:

when a fee applies to a Personal Transaction, the sender by default pays the fee, but certain functionality may require the recipient to pay the fee instead (for instance where that functionality allows the sender to decide that the recipient pays the fee or the recipient initiated the request for the funds). If you send a Personal Transaction payment from a third party (non JAD) website or application then JAD may allow the third party to determine if the sender or recipient of a Personal Transaction payment will pay the Personal Transaction fee. This will be disclosed to you by the third party.

 

A "Domestic" transaction is a transaction where both the sender and receiver execute a payment between JAD Accounts registered in the same country or region.

A "Cross Border" transaction occurs when the sender and receiver execute a payment between JAD Accounts which are not registered in the same country or region.

 

Note: reference to a percentage fee rate below refers to an amount equal to that percentage of the payment transaction amount.

 

Personal Transactions

The Personal Transaction fee will be shown at the time of payment.

 

Domestic Personal Transactions

Activity	Fee
Sending Or Requesting Under XCD100	Free
Sending or Requesting XCD100 – XCD999.99	XCD1.00
Sending or Requesting above XCD1000	XCD2.00

 

 

Cross Border Personal Transactions

Not available at this time.

Commercial Transactions

Activity	Fee
Paying (Buying)	Free (when no currency conversion is involved)
Paying (Individual Payments up to XCD999.99)	XCD2.00
Paying (Individual Payments exceeding  XCD999.99)	XCD3.50
Receiving payments (Selling)	Counterparty rate if you are a registered User: From 1.5% to 2.00% – see the Fees page on the JAD site serving the country in which you reside for further details.
Receiving payments (Charity)	Subject to application and pre-approval by JAD From 1.0% to 1.50%
Sending Mass Payments/Invoices	XCD0.15 per item
Cash Out (Cheque/Cash)	Free
Cash Out (Direct Deposit)	$10.00

 

Additional Fees

Activity	Fee
Records Request Fee	XCD10.00 This Fee will apply for requests of information relating to why we had reasonable justification to refuse your Payment Order. We will not charge you for records requested in connection with your good-faith assertion of an error in your Account.

 

 

Quoted fees are inclusive of all applicable taxes; however, other taxes or costs may exist that are not paid through JAD or imposed by us. You are liable for telephone charges and any charges made by your internet service provider or similar or associated charges as a result of the use by you of the Services. You agree that we can deduct our Fees from the amounts we transfer but before those funds are credited to your Account. We will provide you with the details of the amounts you receive and our charges by you reviewing your transaction history by logging into your Account. Unless it is proven that we have made a mistake, all fees are payable by you without set off or other deductions. We may make a charge for any additional services we provide outside this Agreement. We will tell you of those charges when you ask for the service.