Complaints Handling Policy

The purpose of this Complaints Handling Procedure (the “Procedure”) is to inform ABFPAY.COM Ltd (“ABFPAY.COM”, “Company”) customers (the “Customer”) about the form and communication channels for filing complaints, about details to be included in complaints, and about the timeframe, form and way of responding to complaints. This Procedure also contains information about out-of-court dispute resolution and the supervisory authorities where the Customer may file a complaint regarding the Company’s activities.

ABFPAY.COM establish, implement and maintain effective and transparent internal procedures for the reasonable and prompt handling of Complaints or grievances received from Customer, and to keep a record of each complaint or grievance and the measures taken for the complaint’s resolution. Following the requirements of the Law, Company takes all reasonable steps to ensure that the requirements prescribed in this Procedure are complied with.

Customer means any individual or entity who uses, has used or has expressed a wish to use the services provided by the Company.

Customer’s grievance or complaint (“Complaint”) means customer’s specific dissatisfaction with a product, a service or customer service provided by the Company which the Customer has communicated in writing or orally to any employee of the ABFPAY.COM. This is the feedback from the Customer on the services provided.

In case of further questions regarding this Procedure and submitting a Complaint, please contact ABFPAY.COM customer support service (on 777 Hornby Street, Suite 600, Vancouver, British Columbia, V6Z 1S4, Canada or by e-mail complaints@abfpay.com).

LODGING AND ACCEPTANCE OF COMPLAINTS

1. Customers may lodge Complaints in any form (oral or written, including electronic form) and via any communication channel operated by the Company (Customer’s cabinet, e-mail, phone).
2. If an oral Complaint lodged by the Customer needs further investigation, the Company may ask the Customer to lodge the Complaint in writing, including in electronic form.
3. The Complaint must indicate the circumstances and the document that substantiates the Customer’s Complaint. If the Customer refers to a document that is not freely available to the Company, the Company may ask the Customer to enclose that document with the Complaint.
4. Upon receiving the Complaint, the Company will confirm that the Complaint has been received and will advise the Customer of the timeframe within which the Complaint will be resolved.

COMPLAINT SUBMISSION PROCEDURE

1. The Complaint shall be provided to the Company within 3 months from the date when the customer has or should have become aware about the violation of his rights.
2. The Complaint shall include the following information:
   1. for individuals – name, surname, birth date, authorized contact details (e-mail and / or telephone number). For legal persons – name of the entity, registered code, registered address, contact details (e-mail and telephone number);
   2. moment of breached rights of the Customer (the moment when the Customer thinks his/her/its rights were breached);
   3. dispute matter, clear description of the actions of the Company which led to the Complaint;
   4. description of circumstances which led to the Complaint.
3. Complaint shall be submitted in English language and shall be duly signed by the Customer or his authorized representative.
4. The Customer is responsible for certainty (i.e.: correctives) of the personal and contact data provided in the Complaint and agrees that the Company will present all the information related to the Complaint handling process by using contact details provided in the Complaint. For the sake of clarity, if the Customer specifies his e­mail address, the Company has the right to provide information and further communication by e-mail. Company shall provide any feedback just according to the authorized e-mails.
5. The Complaint must be submitted by the Customer personally or by his representative. The representative of the Customer together with the submitted Complaint must provide identity and authorisation evidencing documents: copy of an ID/ passport of authorised person and written copy of power of attorney evidencing the right to represent the Customer or any other document evidencing authorisation to act on behalf of the Customer.
6. The Company may refuse to investigate a complaint if it was filed not according to the procedures and rules set herein. The Customer will be informed about such refusal within 7 business days after the complaint was received by the Company.
7. The filling of Complaint and Complaints handling process at the Company is free of charge.
8. In case the Customer submits a complaint on the same circumstances or grounds that were submitted and solved by the Company to the same Customer before, the Company has a right to refuse investigating this kind of Complaint and inform the Customer about it.
9. The Complaint shall be submitted via:
   1. Registered post/ mail sent to the 777 Hornby Street, Suite 600, Vancouver, British Columbia, V6Z 1S4, Canada;
   2. E-mail: complaints@abfpay.com. Email can be submitted only by authorized person of the Customer;
   3. Online through Customers cabinet in Company system.

COMPLAINT PROCESSING

1. The Customer lodging the Complaint and their claims will be treated respectfully and without prejudice by the Company.
2. The Company will investigate the circumstances referred to in the Complaint thoroughly enough to identify the root cause of the problem and find the most appropriate solution. If necessary, the Company may ask the submitter of the Complaint to furnish additional details required for handling the Complaint.
3. All Complaints are registered in a Complaints Log.
4. If the Customer communicates a Complaint to a Company employee orally, then, if possible, the employee will look into the circumstances and deal with the Complaint immediately.
5. If the Complaint needs further processing, the Company will respond to the Complaint via the same channel of communication that was used for lodging the Complaint, unless the Customer has indicated that they would like to receive the response via another communication channel.
6. The Company will process the Complaint immediately but in any event no later than within 15 (fifteen) calendar days of receiving the Complaint at the Company. If it is not possible to resolve the Complaint within the specified timeframe, then the Company will notify the Customer of the reasons for extending the timeframe and will indicate the new timeframe of response.
7. If the claims made in the Complaint are well-founded, the Company will promptly satisfy the Customer’s demands or suggest another solution to the Customer.
8. If the Company refuses to satisfy some or all of the Customer's demands, the Company will substantiate its decision in the response sent to the Customer.
9. As part of its commitment to ensure that any complaint (feedback from the Customer) is duly and properly processed in accordance with this Procedure, Company appoints its senior management responsible for the implementation and monitoring of the measures established herein.
10. Upon submission of any Complaint or upon become aware of the desire of the complainant to submit any reply by any member of staff of Company:
    1. where such member of staff is not responsible for the collection of complaint, the member of staff shall promptly (and in any event within one business day) disclose to the complainant the information regarding complaint handling process by directing the complainant to the corresponding sections of the web-site of Company or, where it is determined that information available on the web-site is not an appropriate medium for such complainant, by referring the complainant to the appropriate member of staff responsible for collection of complaint;
    2. where such member of staff is responsible for the collection of complaint, the member of staff shall promptly (and in any event within one business day) disclose to the complainant the information regarding complaint handling process and, where the complainant is desiring to proceed with submission of the complaint or does submit complaint, such complaint is collected, the fact that the complaint is collected is promptly (and in any event within one business day) acknowledged and the complaint collected is promptly (and in any event within one business day) provided to the responsible person of the Company.
11. The responsible person of the Company, after being provided with any information on the complaint, shall promptly (and in any event within three business days) review the complaint, determine the nature of the complaint (whether it contains any one or more of the complaints) and determine whether the responsible person is immediately in possession of all relevant evidence and information regarding the complaint, to the extent necessary to duly and properly investigate/consider the contents of the complaint and to reply to the complainant. Subsequently, the responsible person shall perform any one of the following actions:
    1. reply to the complainant, whether directly or by instructing the relevant members of staff;
    2. notify any or all of following members of staff of the fact that a complaint was received (and specifying the contents of the complaint or such other matters that the responsible person (managing person shall determine appropriate), provided that and to the extent that such notification shall complement the investigation/consideration of the complaint and shall not and is not liable to prejudice investigation of the complaint, and to invite all the persons so notified to submit their opinions in respect of the matters so notified to the responsible person:
       1. the heads of the relevant departments concerned by the contents of the complaint;
       2. the compliance officer;
       3. to the extent applicable, other members of staff concerned by the Complaint;
       4. where the complaint requires investigation/consideration by the Top management of the Company;
    3. Responsible employees, after being provided with a notification by the managing responsible person of the fact of receipt of the complaint, shall promptly (and in any event within three business days) submit their opinions in respect of the matters so notified by the Top manager, providing such details and such observations as are determined to be relevant for due, proper and prompt investigation or consideration of the complaint. After collection of all opinions so submitted, the responsible person shall promptly (and in any event within two business days) review such opinions and determine of the most appropriate course of action to take in respect of the Compliant, by reference to the nature of the Compliant, and shall reply to the complainant, whether directly or by instructing the relevant members of staff.
    4. Responsible person for managing the compliant in the Company is the Compliance officer who is responsible for the internal investigation in relation to Compliant.
    5. Complaint Log. Company shall ensure that information regarding all complaints collected in accordance with this Procedure promptly recorded in the internal registers of the Company. At least the following information shall be maintained in the internal registers of the Company:
       1. date and time of submission of the Complaint (if ascertainable from the circumstances surrounding the submission);
       2. date and time of collection of the Complaint;
       3. member of staff responsible for the collection of the Complaint;
       4. general description/summary of the contents of the Complaint;
       5. date and time when the reply was provided;
       6. general description/summary of the reply provided;
       7. general description/summary of the matters outstanding after the reply.
    6. Company shall ensure that detailed information regarding all Complaints collected in accordance with this Procedure, as well as all communications in furtherance of such collection of complaints (including the acknowledgement of collection of the complaint, the opinions received by the responsible employees) shall be kept for the period of five years from the date when the reply was made.

SUBMISSION OF RESPONSE TO THE CUSTOMER

1. The Complaint is investigated, and the response is provided as soon as possible, but not later than within:
   1. 14 calendar days from the date of receipt of the Complaint from the Customer – a consumer; and
   2. 30 calendar days from the date of receipt of the Complaint from the other Customer, which are not considered to be consumers. The term commences from the date of receipt of the Complaint. Exceptionally, when the Complaint cannot be investigated within the term set in this provision, the Company must inform the Customer and specify the circumstances and the new term within which the Complaint will be investigated and response provided.
2. The Company investigates the Complaint in accordance with the laws that are in force and makes one of the following decisions:
   1. to satisfy the request of the Customer;
   2. to partially satisfy the request of the Customer;
   3. to reject the Complaint.
3. When the Complaint is rejected or only partially satisfied, the Company in its response to the Customer specifies arguments of rejection to fully satisfy the Complaint and if the Customer is an individual and shall be considered as a consumer – the right of the Customer to file a complaint to the responsible authority of Canada (please see the Section 5).
4. Decision of the Company regarding the Complaint is recorded in the Complaints’ Log and sent to the Customer via registered mail and/or e-mail indicated by the Customer.

SUPERVISORY AUTHORITIES, OUT-OF-COURT DISPUTE RESOLUTION, COURT

1. If the Company and the Customer remain in disagreement after the Complaint is handled or if no compromise can be reached with the Customer, then the Customer will be entitled to demand an independent assessment or resolution of the dispute by the following supervisory authorities or bodies conducting out-of-court dispute resolution (the list provided is not enumerative):
   1. out-of-court dispute resolution:
      1. for individuals who are consumers: Financial Consumer Agency of Canada - The Financial Consumer Agency of Canada is responsible for protecting the rights and interests of consumers of financial products and services. (https://www.canada.ca/en/financial-consumer-agency.html )
      2. The Financial Transactions and Reports Analysis Centre of Canada (FINTRAC) (https://fintrac-canafe.canada.ca/intro-eng )
   2. Court dispute resolution and applicable law:
      1. Canadian court, applicable laws – Canadian.