Terms of use

ABFPAY.COM LTD. (ABFPAY.COM) shall provide services to its Customer on the terms specified in this agreement.

The present Terms of Use is a general document governing relationship between the ABFPAY.COM LTD. and the Customer. This document stipulates the rights and obligations of the Parties arising from operations provided by ABFPAY.COM insofar as not provided for by individual (other) contracts between the Parties or the relevant provisions of other documents. The conditions shall be applicable where specific aspects are not stipulated in the contracts between the Parties or in the relevant provisions of other documents or they are ambiguous so that disputes or differences arise between the Parties regarding the contents, form and performance of transactions. The Terms of Use form an integral part of every legal transaction between the Parties and shall be binding on both Parties. Customer’s signature (also electronically signed) on any of the ABFPAY.COM documents (contract, agreement, duly executed forms, etc.) confirms that they have read the Terms of Use in their entirety, agree to them and admit them to be binding on them without a separate signature on these conditions. Along with the Terms of Use, the relationship between the Parties is governed by contracts existing between the Parties, the Price List, Risk Disclaimer, Privacy Note, Cookie Policy, Complaint Handling Procedure as well as generally accepted financial technology laws and practices.

Please familiarize yourself with the terms below as they contain all significant aspects of relations between ABFPAY.COM LTD. and its Customers as well as describe important issues and aspects of using our services.

Definitions

For the purposes of the Terms of Use the defined terms shall have the following meanings, unless the context expressly provides otherwise:

ABFPAY.COM LTD.	shall mean the company incorporated and operating under the laws of Canada, Company number: BC1237659. LEI number: 98450066WA5576FEB573. DnB D-U-N-S #: 24-330-1333.having registered office at 777 Hornby Street, Suite 600, Vancouver, British Columbia, V6Z 1S4, Canada, hereinafter referred to as “we”, “us”, “our”, “ABFPAY.COM”, and “Company”).
Account	shall mean the Customer’s electronic money and payment account to be opened, or opened, and operated and maintained within the Company’s System.
Agreement	shall mean this Terms of Use and any other agreement between Company and the Customer regarding provision of Services and amendments to it.
Business Day	shall mean a day other than a Saturday, Sunday or a public holiday in Canada.
Customer	is a natural person or a legal entity with full legal capacity that uses, has used or has expressed a wish to use or is in any way connected with any Services provided by Company, or an association of such persons or entities, which are related to the Company (also referred to as “you”, “your”).
Electronic Money	shall mean money transferred to and held on the Account for execution of the Payment Transactions.
Fees	shall mean any charges and/or any commissions for Services payable to the Company by the Customer.
Parties	shall mean the Company and the Customer collectively.
Payment Transaction	shall mean deposit, transfer or withdrawal of funds to or from the Account.
Payment Order	shall mean an instruction requesting for execution of the Payment Transaction.
Services	shall mean any and all of the services provided by the Company to the Customer within the scope of this agreement and/or other valid contracts, including execution of Payment Transactions, foreign exchange services, issuing payment instruments, as well as creating and maintaining User Account, creating and maintaining Account, other operations as may be required for the Account to function correctly.
System	shall mean a software solution in the Internet network at Company, used to provide the Services of the Company.
User Account	shall mean the Customer’s record created at Company via the registration form. The record contains a package of data enabling the Customer’s identification for provision of the Company’s Services. Account shall mean also the personal cabinet of a Customer for all necessary correspondence between Company and Customer.

Creation of User Account, Opening the Account, Maintaining Account

To obtain access to Company’s Services, the Customer needs to register in the System by creating a User Account. To complete the registration, Customer must go through full identification and authorization process. Registration link is available here: https://www.abfpay.com. While the User Account is not activated (is not created for the Customer), all the Company’s Services are unavailable to the Customer.
During the registration, the Customer shall provide all requested information to the Company. Such information shall be fair, full and up-to-date. The Customer’s information operated in Company’s System is protected. For further privacy protection policy information please look at the Privacy Notice of the Company available at: https://abfpay.com/en/privacy-notice, which are integral part of these Terms of Use. Identification process must be carried out in accordance with point 3 of the Terms of Use.
Only individuals who have reached the age of 18 may become Customers of the Company’s Service and receive Services.
The Customer shall create a reliable password that is not used at any other website or online service. Password should be confidential.
Upon the registration, the Customer’s Account is created and the Customer gains access to the Account and Services.
Customer Account has personal cabinet of a Customer for all necessary correspondence between Customer and Company.
To be able to use all functionalities of the Account and in accordance with mandatory know-your-customer (KYC) procedures and other anti- money laundering (AML) procedures as well as other procedures specified in applicable laws, the Customer must identify himself/herself/itself. For that purpose, the Company may demand and the Customer must provide documents that allow the identification of the Customer. Particular data and/or documents to be provided will be specified by the Company in the notice on the need for identification procedure. The Company may demand that copies of documents provided be duly certified, including translated into the language specified by the Company. The Customer shall bear all expenses on preparation of the requested documents. If the Customer fails to provide the requested information and/or documents within the time period established by the Company, the Company may suspend provision of all or any part of the Services to the Customer.
The Customer shall bear all losses resulting from provision of any invalid data.

Customer’s identification and powers to act. Verification of signatures.

Identification of the Customer is performed by the Company in accordance with the procedures set forth by the Company and with the applicable legislation. The Company has the right to demand, and the Customer has a duty to present and/or submit identification documents demanded by the Company.
The Company shall have the right to produce (incl. electronically) and store copies of identification documents submitted by the Customer in compliance with the statutory requirements. Natural persons shall be identified by the Company on the basis of the presented identity document, including remotely through the means of identification. The Company may require the Customer to provide or execute, according to the procedure and in the form set forth by the Company, their or their representative’s specimen signature prior to undertaking Company’s service.
The Customer or their representative may use the means of identification, the status and usage procedure of which is governed by the contract existing between the Parties or the Terms of Use, for execution of Company’s services which, according to the procedure prescribed by the Company, are to be executed upon the Customer, after their identification, giving a relevant instruction remotely (via phone, fax, e-mail, Internet or other means of communication). Electronic documents and instructions concerning execution of Company’s services shall be accepted pursuant to the procedure prescribed by the Company using electronic data media acceptable to the Company or using the Company’s online forms, as well as other means provided for by applicable legislation.
The Company is entitled not to accept electronic documents or instructions which are signed by the secure electronic signature created with a certificate that is subject to any restrictions on the validity or the amount of the certificate or other restrictions, as well as the secure electronic signature that is not issued by a trustworthy certification services provider or which has not been signed in the electronic document formats ASiC-E, eDOC. The Company is entitled to identify the signer only by the identity number included in the certificate.
The Company is authorized to offer Services to the Customer and to receive requests for Services from the Customer subject to the procedure set forth by the Company, via mail, telephone, e-mail and other means of communication. In such cases the Company is authorized to identify the Customer using such information registered at the Company as is related to the Customer (Customer’s representative) and the transactions carried out by the Customer (first name, surname or company name, address, account number, transactions performed at the Company, identity number or registration number, passport and other personal data, etc.), except for any confidential information, which is defined as such in the agreements existing between the Parties. Pursuant to this clause, the information provided by the Customer shall be deemed as the Means of Identification of the Customer’s identity sufficient for offering of and applying for Services via means of communication.
The Company is authorized to record and save telephone conversations and other written and/or oral communication between the Parties, and to choose, at its sole discretion, the technical means for recording of telephone conversations and other communication for the purposes of Company employee evaluation and training, for further enhancement of provision of Services, for verification of information provided, for assessing the objectiveness of claim handling, as well as for performance of duties laid down in Contracts and legislation.
The Customer may issue authorization to another person or entity to perform Company’s Services. The authorization must be executed in the form of Power of Attorney or other form set forth by the Company in accordance with any Contracts existing between the Parties, the Terms of Use or the procedure laid down by the Company. The authorization shall be considered as being in force until and unless revoked by the Customer. Such revocation of the authorization shall be made in writing by giving a written notice thereof to the Company.
The Company reserves the right not to accept the authorization or to discontinue serving on the basis of the authorization accepted if it is established that the authorization is not executed in compliance with the requirements of applicable legislation or of the Company, is not sufficiently clear and unambiguous or due to any other reasons which are substantial in the opinion of the Company, inter alia for the purposes of fulfilling the requirements of legislation governing the area of prevention of money laundering and countering of terrorism and proliferation financing, sanction compliance (AML procedures) and enforcement and other laws and regulations. If the authorization is granted for a limited period of time, then such an authorization shall become null and void upon expiration of the authorization unless the authorization is revoked earlier.
The Company reserves the right to require the Customer to renew the authorization if any suspicion arises to the Company about the validity or the scope of authorization. The Company shall have no duty to verify the validity of the authorization unless applicable legislation requires otherwise. If, at the time of signing, the signer of a document did not have the right to represent the Customer, then the unauthorized representative shall bear full liability for the obligations arising from the signed document and shall be liable for performance thereof in their personal capacity.
The Customer shall have a duty to notify the Company in writing of any changes in circumstances (facts) significant for the Customer’s transactions with the Company, and in particular of relevance to this Agreement - changes in the forename, surname, identity number or legal name, identity document, domicile, registered office or contact address, e-mail address, phone number, authorized signatories (or their signature) and authorised representatives, legal capacity or status (share capital changes i.e.: beneficial owner, restriction or loss of legal capacity, establishing of trusteeship, guardianship, reorganisation, privatisation, attachment of property, liquidation, insolvency, bankruptcy, etc.). The Customer is obliged to make such notification as soon as the Customer becomes aware of any such change, not later than 5 business days upon occurrence of such change. The writing form means the form acceptable upon terms of this Agreement.
The Customer undertakes full liability for failure to perform such a duty to notify, including not meeting the required form, inter alia, for the possibility to partially or fully lose access to the Services provided remotely by the Company.
The Company shall not be liable for sending correspondence (including personal data) to the address specified by the Customer and/or if it’s not renewed. The Company shall have the right to obtain information on changes in the data referred to in this clause from registries maintained by public authorities and to modify that data in its systems unilaterally or upon agreement with Customer, should such a modification be necessary to perform that agreed by the Parties, in accordance with the Terms of Use or other contract between Company and Customer.
The Customer assumes full liability for actions/inaction and the resulting losses incurred due to the Customer knowingly/inadvertently misleading the Company or furnishing it with incomplete information, as well as through negligence by the Customer.
The Customer assumes liability for losses incurred by the Customer as a result of any acts/inaction by a third party, except in case of gross negligence by the Company in identification of person by the presented identity document or means of identification or in the visual comparison of the signature of the Customer or their representative against the specimen signatures submitted by the Customer. The Customer shall reimburse for any losses incurred by the Company if the Customer or their representative has a limited legal capacity at the time of performing Company’s services.

Usage of Services

Basic usage.
1. The Customer is solely responsible for the legibility, completeness and correctness of all information related to Payment Orders required for such Payment Order to be executed. Information required is specified in detail in the Payment Order.
2. The Company shall not be responsible for errors, discrepancies, repetitions or contradictions in Payment Orders. If the Payment Order does not contain enough data or contains errors, the Company may at its own discretion refuse to execute such Payment Order. The Company is under no obligation to verify the correctness of data contained in the Payment Order.
3. The Customer is always required to authorise the Payment Order.
4. In order for the Payment Order to be executed the sufficient amount of funds covering the Payment Order amount and related charges and fees must be available on the Account.
5. The time for execution of Services may vary depending on the type of transaction. The estimated time for execution of a given Service shall be provided to the Customer in the Account. The Company will make every effort to provide the Service within the agreed time frame. If, for technical reasons, or in connection with the relevant legal regulations, the payment needs to be additionally verified, the time of processing of a payment order may be increased.
6. If a Payment Order is received by the Company on a Business Day after 5 p.m. according to Canada’s time zone or not on a Business Day, the Payment Order will be deemed received on the following Business Day.
7. All transactions shall be recorded and visible on the relevant statement available within the Customer's cabinet.
8. The company does not provide banking services. The company does not store any of the Client's funds. Funds received by clients within their designated vWallet are temporarily held pending subsequent use for payments initiated by the respective client. Moreover, funds deposited into the vWallet by the Client are intended for using the application's payment functionalities, which encompass a spectrum of financial activities such as transfers, payments, and currency exchanges.
Sending payments
1. The Company shall under no circumstances be held liable for any losses or damages incurred by the Customer in case the funds are transferred mistakenly, as a result of actions or omissions of the Customer or a third party. This applies in particular to the situations where loss or damage incurred is a result of fraudulent act of the Customer or is a result of Customer’s loss of personalised security features, as well as to situations where the Customer failed to notify the Company about securty issues (e.g. loss of password) in timely manner.
2. The outgoing transaction may be canceled by the Customer before the funds are credited to the recipient’s account.
3. Transactions become irreversible once the funds are credited to the recipient’s account.
4. Security and legal requirements set forth payment limits in respect to Customer payments and the receiving party.
5. Fees and currency conversion fees apply in accordance with Price List.
Receiving payments
1. Please note that received payments may be subject to back charge in accordance with sender’s financial institution policy.
2. Fees and currency conversion fees apply in accordance with the Price List.
Forbidden transactions
Please be aware that the Company does not allow to use the Account to support unlawful transactions and transfer of funds connected to unlawful activities; this includes particularly, but is not limited to: gambling, illegal trade in tobacco products, alcohol, prescription pharmaceuticals, steroids, weapons, narcotic substances, pornography, unlicensed lottery, illegal software, counterfeit or unauthorized goods, products that infringe property or proprietary rights and other products or services prohibited by law.

Fee

Customer shall pay the Company a Fee for the Services provided to the Customer by the Company.
The charges, commissions and procedures for the Services provided are determined by the Price List of the Company in force at the moment of rendering the respective service, except for cases when the payment amount and procedure are set forth in any contracts concluded between the Parties.
The Price List of the Company is available for inspection at the Company’s premises during business hours of the Company and during all hours on the Company’s website.
If the Customer fails to pay a Fee or other remuneration (as set forth in point 5.5.- 5.6. below) due to the Company, agreed by the Parties, the Company shall have the right to discontinue provision of Services to the Customer without warning the Customer of it.
For Services which are not covered by the Price List but were necessary for fulfilment of an instruction by the Customer, the Company may set a reasonable and fair charge, unless agreed otherwise with the Customer. If the Company and the Customer have agreed on the type of service to be rendered and the respective remuneration for it due to the Company prior to the service being rendered, the Customer shall have no right to dispute the amount of the remuneration afterwards.
If the Company has used services of a Third Party at the Customer’s expense, the Company shall present to the Customer for payment all documentary proof of the expenses thus incurred, and the Customer shall have a duty to pay the Company all expenses specified in the documents presented.
The Fee amount shall be shown in the Account. Due to the circumstances that impact transactions, such as the transaction time interval, exchange rate difference, etc., the real fee amount may differ from the declared one.
The Fee shall be paid automatically when the Customer performs a transaction via the Account.
The Company may change the Fee amount or the Price List. In this case, the Company shall send the Customer a notice by any means available. Within 30 Business days the Customer must accept the new terms or stop any further use of the Company’s Service.
The Customer shall ensure that he/she/it has sufficient funds at the Account to pay for the Services of the Company. Lack of sufficient funds constitutes a breach of these Terms of Use and shall result in applying an interest of 0.05% on the overdue amount per day of such late payment. Settling of the negative balance is due immediately without notice.
The Fee shall be paid in the currency of the transaction.
Any expenses (charges/fees/other payments) on transfer from the Account to any third party account specified by the Customer shall be at the Customer’s cost.
The Company shall not pay any interests on the balance of cash in the Customer’s account.
Company’s operations shall be performed in the currency agreed upon in the relevant contract between the Parties. If no currency is specified in the contract, then the Euro (EUR) will be presumed to have been intended. However, the Company reserves the right to perform the particular Company’s operation in other currency if performance of the operation in the specific currency is impossible due to circumstances for which the Company is not responsible or which have occurred through no fault of the Company. The Company immediately without any prior notice to the Customer shall apply changes in reference interest rate, exchange rate or reference exchange rate. Information about such changes shall be available at the premises of the Company and on the Company's website.

Rights, obligations and liability of the Customer

The Customer may use the Services as long as he/she agrees to their terms. By continuing the use of the Company’s services, the Customer confirms his/her consent to the terms established by the Company. Using the Services, Customer every time is acquainted with the actual Terms of Use version.
The Customer may control the created Account via Internet connection by signing in to the Account using his/her username and password.
Customer shall use the Account and/or the User Account personally. Customer shall not transfer or demonstrate to any third parties any information providing access to his/her Account and the Company services.
The Customer shall not disclose passwords or any other information related to secure operation of his/her Account in the Company system to any third parties.
If the event of loss by the Customer of the password to the Account and/or any other confidential information ensuring safe operations of the Customer in the course of receipt of the Customer Services, the Customer shall change such passwords or, if he/she cannot do it, notify the Company as soon as possible upon receipt of information of any such case. Customer shall report on such event to support@abfpay.com. The reporting shall be from the Customer’s e-mail, registered in Company’s system.
The Customer shall independently trace all and any changes in the Account and immediately notify the Company of any unusual, suspicious, unclear or nontypical changes in the Account and/or any unauthorized use of the Customer’s Account or password or of any other security violation.
If the Customer ignores any facts specified in clauses 6.3-6.6 hereof, the Company shall not be liable for any damage inflicted on the Customer by any third parties.
The Customer shall ensure that no fiat credited to the Account result from illegal activities and that the Customer will not use the Services provided by the Company for illegal purposes, including the Customer’s commitment not to perform any actions or operations for the purpose of money laundering.
The Customer’s actions on exchange/purchase of fiat currencies via the Account cannot be reversed or cancelled except for cases directly provided for under this Agreement.
The Customer understands that in performance of any transaction, the Company transfers the Customer’s personal data to third parties directly related to the performance of such transaction.
The Customer shall respect the technical potential of the Service, the software, the graphics created by the Company. For that reason, the Customer shall not collect, distribute, copy, reproduce, modify, transfer, perform any other actions that may result in breach of copyright and intellectual property rights of the Company as well as its financial losses.
The Customer shall independently assess his/her tax risks and obligations, including bearing the load of paying the taxes on the income from possession and disposal of currency in accordance with the laws of the country where he/she must pay such taxes and levies.
The Customer shall keep his/her personal data up-to-date. In the event of any changes in the data relevant for the use of the Company services, the Customer shall within 5 Business Day of such change notify the Company and update the relevant data in the Account.
The Customer may conveniently familiarize himself/herself/itself with the current version of this Agreement and the Privacy Notice, Cookie Policy available at the Company’s website. If the Customer disagrees with any of the provisions of those documents, the Customer reserves the right to terminate the Agreement without any additional costs according to section 9 of this Agreement.

Rights, obligations and liability of the Company

The Company shall use all efforts to ensure most secure and seamless operation of the Company services and software.
For the purposes of prevention of money laundering and combat with terrorism financing, the Company may request any information and/or documents from the Customer that disclose the Customer’s identity and/or transaction performed by the Customer and confirming the lawful source of the funds.
In the event of any doubts regarding the truthfulness of information provided by the Customer or subject to any suspicious/illegal transactions, the Company may restrict the Customer’s actions in the use of the Company Services, including block and/or reverse any transactions performed, block funds, or completely deny the Customer any Services. The Company shall preserve the right to disclose information on such transactions and any related activities to government authorities to take relevant measures.
The Company may suspend the Account or otherwise restrict its functionality on reasonable grounds relating to the security of the Account or any of its security features or if the Company reasonably suspects that an unauthorized or fraudulent use of the Account has occurred or that any of its security features have been compromised or that any use was made that is possibly illegal or not in accord with any law or regulation.
The Company may record and store information on any actions performed by the Customer when using the Account. Such records may be transferred to relevant government authorities and/or third parties entitled to that by law.
The Company shall enjoy the intellectual property rights to all Company Services. All content of Company, including without limitation: software, pictures, graphics, data, Company Services functions algorithms, database, etc., is protected by copyright and other lawful means.
The Company may close Customer’s Account without notice to the Customer if the Customer does not operate its Account or conduct its business at the Company in a satisfactory manner, for example if the Customer makes activities which are linked to money laundering and terrorism and proliferation financing, debit items or outstanding service charges or if, in the Company’s opinion, there is illegal, unusual, improper or suspicious activity in Customer’s Account.
If in Company’s opinion the Customer operates illegally, unusually, improperly or there is suspicious activity in Customer’s Account(s), the Company may close Customer’s Account(s) without reason by giving the Customer. The Company may apply any of Customer’s funds to any debt of the Customer.
The Company shall not be liable for consequences, including any indirect or consequential losses, loss of profit, loss of reputation, arising from the closure, suspension, or limitation of access to the Services, if these actions were performed by the Company in accordance with these Agreement.

Warranty disclaimer

The Company does not give any financial, tax, accounting, investment or legal advice in respect of any transactions the Customer chooses to make. The Customer bares all risks of transactions, including the risk of financial loss, to the extent permitted by law.
The Company does not guarantee uninterrupted access to the Company Services and software due to the fact that operation of the Company’s Services and software may be affected by many factors beyond the Company’s reasonable control. For that reason, the Company shall not be liable for any consequences resulting from interruptions of the Service.
The Company gives no guarantees in respect of work of credit institutions (banks), payment systems and other third parties involved in transactions.
The Company, being a regulated organization, is subject to statutory restrictions and regulations and as such does not guarantee the provision of services if such provision of services may result in non-compliance with the aforementioned regulations and restrictions.

Amendment and termination of the Agreement

The Company may unilaterally amend and/or modify the terms hereof.
The Customer may not unilaterally amend and/or modify the terms hereof.
If the Customer does not agree to the amendments or modifications hereof, the Customer should stop using the Company’s Services by terminating the Agreement.
The Customer may request the Company to block or close the Account and/or the User Account at any time. If at the time of closure of the Account, the Customer still has Electronic Money on its Account, the Customer shall withdraw the funds using the Account or by contacting the Company.
The Company may without prior notice suspend or fully refuse the provision of its Services to the Customer subject to reasons established under this Agreement or the applicable legislation or without any reasons.
In the event of termination of the Agreement at the Company’s initiative or suspension of access to the Company’s Services, the Company shall send a reasonable relevant notice to the Customer. Upon such notice the Customer is obliged to withdraw the funds or indicate the account to which the funds shall be transferred by the end of the termination notice period. Expiration of the notice period effects in permanent closing of the account and loss of access to the funds. The Company shall not under any circumstances be liable for Customer’s failure to withdraw the funds or appropriately instruct the Company of transfer details before the expiration period indicated above.
The closure of the Customer’s Account does not mean that the Customer’s data, including transaction history, will be deleted. Subject to the requirements of the applicable legislation, the Company shall store any required data for at least 5 years from the date of termination of business relationships.
The termination of this Agreement shall not release the Customer from performance of obligations to the Company that have arisen and have not been fulfilled prior to such termination.
The Electronic Money held on the Account is a sole property of the Customer, registered as the Account holder. No person other than the Customer is entitled to any rights in relation to the funds held in an Account, except as provided in generally applicable law, in particular in case of succession. The Customer shall not assign the Account or in other way transfer the Agreement to any third party, whether in whole or in part.
The Company has the full right to assign the Agreement to a third party, whether in whole or in part, without the Customer’s prior consent. The Company is obliged to notify the Customer of such assignment as soon as practicable. Shall the Customer not express will to terminate the Agreement in accordance with provisions of this section, the Agreement shall continue in full force, without changes, with the new party.

Notice

The Parties agree that email is a permissible method of information exchange between the Parties. The e-mail address specified by the Customer at registration shall be used to keep the Customer informed about all necessary information concerning Services and amendments in Terms of Use. The Customer should use the following address to inform the Company: support@abfpay.com. Communication sent by e-mail shall be deemed admissible evidence in resolution of any disputes between the Parties.
The Company may also use any other methods to inform the Customer, such as SMS messages, PUSH-notifications, messages sent via the Customer’s Account.

Disputes and disagreements

All disputes and disagreements that may arise between the Company and the Customer shall be resolved through negotiations but if no agreement can be reached, the dispute shall be resolved at a court of law pursuant to applicable legislation if stated so in the respective Contract between the Parties.
The Customer may lodge a claim in respect of the Company’s Services by sending a notice via e-mail at any moment. The claim shall contain the reasons for the claim, the Customers arguments as well as documents supporting the Customer’s position.
The Company shall consider the Customer’s claim and notify the Customer of its decision within 20 calendar days, except for the cases where a different time for response to a claim is prescribed by law.
If the Customer violates the terms hereof, the Company may use instruments of influence provided for under this Agreement and the applicable legislation.
If the Parties fail to settle the dispute or disagreement through a complaint procedure, they may use other remedies to protect their lawful rights and interests.

Force majeure

The Company shall have a duty to execute Customer’s orders with due diligence and to protect the Customer's interests insofar as reasonably possible and insofar as obligated to.
The Company shall not be responsible for a default on or partial performance of its obligations under agreements if the reason of the default is a result of force majeure (e.g. amendments or additions to laws or regulations, adoption and/or entry into force of new laws or regulations, including the actions, natural calamities and catastrophes, warfare, strikes, failures in means of communication or information systems) and other circumstances beyond the reasonable control of the Company.
The Company shall be liable for the actions of its employees insofar as that action has taken place as part of Service provision, unless it was affected with force majeure.

Processing of personal data

Processing of the personal data of the Customer in Company is carried out in compliance with applicable legislation and in accordance with the Principles of Processing Personal Data. The Principles of Processing Personal Data are available on the Company’s website at https://abfpay.com

Anti-Money Laundering Notice

All the action at the Company (incl. in the payment Account services, System or technical infrastructure provided by the Company) constitute receiving a financial service within the meaning of the Proceeds of Crime (Money Laundering) and Terrorist Financing Regulations and within the meaning of the term “payment service” as used in the Proceeds of Crime (Money Laundering) and Terrorist Financing Regulations.
Company ensures compliance with the Proceeds of Crime (Money Laundering) and Terrorist Financing Regulations and other applicable regulation of the laws of Canada.

Final provisions

The Agreement shall take effect after the Customer reads this Agreement, the Privacy Notice, the Cookie Policy, Risk Disclaimer and gives consent to comply with them electronically and registers in the Company’s System by creating a User Account.
The Agreement shall be valid for an indefinite period of time.
The headings of sections and articles hereof are for convenience only and may not be used to interpret provisions hereof.
If any provision hereof becomes invalid, such invalidity shall not affect the lawfulness and effect of other provisions hereof.
Any references specified in the Agreement as well as supplements governing the provision of certain services shall be an integral part of the Agreement and apply to the Customer from the date the Customer starts to use the relevant service.

Now, therefore, you (hereinafter, the Customer) and Company (hereinafter, the Company) enter into the Agreement on the following terms:

You have carefully read and fully understood the Terms of Use of the Company and agree to comply with them;
By visiting the Company website and continuing the use of the Company service/downloading the software, you confirm that you are a person of lawful age, capable, not disqualified and can be independently liable for your decisions and actions;
Company software is provided to you for free under a personal, non-exclusive, free, non-transferable, non-sub licensable, revocable license for the purpose of access to and transfer of your assets;
The Company shall preserve the right to modify the terms hereof at its own discretion at any moment. The Company shall send you the information on the changes or new terms on your Account via our Services. If after the modifications are made, you perform any actions clearly and directly signifying your consent to the new terms (by clicking the “I Agree” button or ticking the box next to the modified terms, or continuing to access or use the Company services), these actions shall express your consent to the new terms and confirm your readiness to use the Service’s potential and functionality on the new terms. We recommend regular review of this Agreement;
By receiving further access to the Company services and functions, you agree to comply with these terms of the Agreement and all provisions we published at Company, including the Privacy Notice, the Cookie Policy. If you refuse to accept the terms, please stop using the Company service and all functions provided at Company.