Terms of Use


TRAVELEX CANADA LIMITED

LEGAL TERMS OF USE

Who we are:

 

Travelex Canada Limited, a company incorporated in Ontario with registered office: 250 Yonge Street, Suite 2201, Toronto, Ontario, Canada M5B 2L7.   

If you have any questions or concerns about material which appears on the Website, please contact: customer.assistance@travelex.com.

 

The Website, Travelex Applications, and Services:

This website, www.travelex.ca, (the "Website"), provides an internet ordering services and other interactive properties (the “Services”), including but not limited to any mobile applications accessing content from the Website ("Applications"). This Website operated by Travelex Canada Limited on behalf of itself and its holding companies, subsidiaries and affiliates (together, "Travelex" or "us" or "our") (the Website and Applications are collectively referred to herein as the "Travelex Applications").

 

This Website provides access to the Services, including an online ordering facility for foreign currency banknotes (collectively "Travel Money").

Acceptance of these Terms of Use:

Access to the Website and thereof for the purchase of travel money is only available in accordance with these Terms of Use ("TOU"). Please read these TOU carefully before you begin to use the Travelex Applications or any of the Services made available through the Travelex Applications.

By using the Travelex Applications or the Services, you indicate your acceptance of the TOU and you agree to be bound by them. If you do not accept and agree to the TOU set forth below, please refrain from using the Travelex Applications or any of the Services.

We may, at any time, with immediate effect, change, suspend or withdraw the Travelex Applications, the Service and these TOU without notice and without liability to you. If we revise these TOU, we will post the revised version on the Travelex Applications. You are expected to review our TOU from time to time to take notice of any changes we make and prior to completing each Travel Money order, as they are binding on you. By using the Travelex Applications or the Service or by placing orders after we have changed these TOU, you will be accepting the changes.

Authorized Use of the Website, Travelex Applications, and Services:

The Website, the Travelex Applications, and the Services are only available to individuals aged 18 years or over who are resident in and accessing the Service from Canada. The Service may only be used to order Travel Money for personal or business travel and not for speculative, investment or any other purposes. By ordering Travel Money from us, you confirm that you have read and understood the TOU and agree to be bound by them and to comply with all applicable provincial and federal laws and regulations including, where applicable, the Quebec Consumer Protection Act, CQLR, c. P-40.1.

The Service is only available for the currencies listed from time to time on the online ordering screen. Orders of foreign currency banknotes are subject to a minimum value of $250.00. All orders are subject to a maximum value of $3,000.00 per person per day.  Product availability may also be subject to further monetary limits and currency exchange restrictions. Customers must comply with all applicable laws and regulations, including those relating to anti-money laundering regulations. Frequent flyer points are not awarded in conjunction with use of the Service.

Content and Materials

This Website includes information, materials, products, and services relating to the Travelex Applications including, without limitation, all source code, software (used or incorporated into the Website), design, graphics, text, images, sound recordings, animations and video sequences, and any intellectual property rights therein (the “Content”). Except as otherwise expressly stated, all Content is owned or licensed by Travelex.

"Travelex®"; "The Worldwide Money Logo®"; are registered trademarks of Travelex. Other featured words or symbols, used to identify the source of goods and services, are the trademarks of their respective owners.

The Content contained in the Travelex Applications are subject to change from time to time without notice. Not all products and services are available in all geographic areas. Your eligibility for particular products and services is subject to final determination and acceptance by Travelex and Provincial and/or Federal law. Any dated information is published as of the published date only, and Travelex does not undertake or assume any obligation or responsibility to update or amend any such information. Furthermore, by offering information, products or services via the Travelex Applications, no solicitation is made by Travelex of any person to use such information, products or services in jurisdictions where the provision of such information, products or services is prohibited by law.

Authorized Use of Content and Materials

You may access the Content and Travelex Applications for private, non-commercial use of the facilities offered. You may not otherwise copy, transmit, display, perform, distribute (for compensation or otherwise), license, alter, store or otherwise use the Content and Travelex Applications for any reason.

You may, however, print off copies and download extracts of any Travelex Applications screen for your personal reference. You must not modify the paper or digital copies of any Travelex Applications that you have printed or downloaded in any way, and you must not use any graphics, images, sound recordings, animations and/or video sequences separately from any accompanying text. At no point are you permitted to use any Content or Travelex Applications for commercial purposes without the prior written consent of Travelex in each and every instance.

If you print, copy or download any part of the Content and Travelex Applications in breach of these TOU, your right to use the Travelex Applications will cease immediately and you must notify us and, at our option, return or destroy any copies of the Content and Travelex Applications or Travelex Applications content you have made. We reserve the right to invoke any rights we may have in law or in equity.

Linking to the Travelex Applications (whether to the home-page or otherwise and including framing) is permitted only with the prior written consent of Travelex in each and every instance.

LIABILITY DISCLAIMER AND LIMITATION

 

Warranty Disclaimer

YOU UNDERSTAND THAT YOUR USE OF THE TRAVELEX APPLICATIONS OR SERVICES (INCLUDING ANY DOWNLOADS OR ANY LOSS OF DATA OR OTHER DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE YOU EXPERIENCE FROM USING TRAVELEX APPLICATIONS) IS AT YOUR SOLE RISK. ALL CONTENT AND SERVICES ON OR AVAILABLE THROUGH THE TRAVELEX APPLICATIONS ARE PROVIDED ON AN "AS IS", "WHERE-IS" AND "WHERE AVAILABLE" BASIS AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. TRAVELEX DOES NOT MAKE ANY REPRESENTATION OR GIVE ANY WARRANTY, IN EACH CASE, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, IN RESPECT OF THE TRAVELEX APPLICATIONS OR THEIR CONTENT. IN PARTICULAR, EXCEPT AS PROVIDED IN THESE TOU, TRAVELEX HEREBY EXPRESSLY DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, AS TO THE ACCURACY, SUITABILITY, RELIABILITY, COMPLETENESS, NON-INFRINGEMENT, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, FREEDOM FROM VIRUSES OR TIMELINESS OR ACCURACY OF THE CONTENT OR SERVICES CONTAINED ON THE TRAVELEX APPLICATIONS. YOU UNDERSTAND AND ACKNOWLEDGE THAT TRAVELEX DOES NOT WARRANT THAT THE RESULTS OBTAINED FROM YOUR USE OF THE TRAVELEX APPLICATIONS WILL MEET YOUR EXPECTATIONS. NO WARRANTY OF ANY KIND, WHETHER ORAL OR WRITTEN, CAN MODIFY THE TOU OF THE DISCLAIMER SET FORTH IN THIS DOCUMENT. IF YOU ARE DISSATISFIED WITH ANY OF THE TRAVELEX APPLICATIONS OR WITH ANY OF THESE TOU, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE TRAVELEX APPLICATIONS. THESE WARRANTY DISCLAIMERS WILL NOT APPLY IF AND ONLY TO THE EXTENT THAT APPLICABLE LAW REQUIRES SUCH WARRANTIES NOT WITHSTANDING THIS EXPRESS DISCLAIMER.

Limitation of Liability

 

The information services on the Travelex Applications are intended for use by personal or business travelers or by individuals or companies seeking to make payments abroad in foreign currencies, and should not be used for speculation or investment. These information services and other content of the Travelex Applications are not intended to amount to advice on which you should rely. We accept no responsibility or liability which may arise from any reliance on such services by any visitor to the Travelex Applications or by anyone who may be informed of any of its contents. In addition, we give no assurances that you will receive the services for which you register.

We use reasonable care and skill in providing the Services. However, we shall not be liable to you under any circumstances for the following:

  1. if we are unable to perform any of our obligations to you due to failure of any technical systems or for any other reasons beyond our reasonable control including, without limitation, war, terrorism, government action, natural disaster, and industrial dispute;
  2. for any damage to your computer equipment as a result of using the Travelex Applications or the Service;
  3. our changing or deleting content or features of our Travelex Applications in any way, at any time, or
  4. for any indirect, special, punitive, incidental or consequential losses, claims or damages of any nature whatsoever (including, but not limited to, loss of profits, loss of savings or loss of use of money), whether foreseeable or unforeseeable, suffered by you or incurred from your use of, or delay, or inability to use the Travelex Applications or the Service, breach or failure of express or implied warranty, breach of contract, misrepresentation, strict liability in tort or otherwise.

THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.

If you are dissatisfied with any portion of the Travelex Applications, your sole and exclusive remedy is the discontinuation of your use of the Travelex Applications.

Our maximum liability to you in respect of each use of the Service for a Travel Money order shall be limited to a refund of the purchase price of that Travel Money order. The disclaimers and limitations of liability in these TOU shall not apply to any damages arising from death or personal injury caused by the negligence of Travelex or any of its employees or agents. In no event may any claim be brought under or in connection with these TOU more than one year after a party knows or should have known of the action giving rise to the claim. If any provisions of these TOU, including any disclaimers and limitations, are found to be unlawful or unenforceable then such provisions shall fall away and shall not affect the validity and enforceability of the remaining terms. This provision does not affect your statutory rights to the extent such rights cannot be modified or excluded under applicable law.

 

Limitation of Liability – Links to Other Sites

Links to third-party websites may be included on the Travelex Applications and are provided solely as a convenience to our customers. Travelex has no control over the content on such third-party websites. Travelex does not endorse, make any representation or take any responsibility for such sites or the content on such sites. You are responsible for complying with the terms of those sites. Travelex makes no warranties, either express or implied, relating to the content of such sites and shall have no liability relating to or arising from such sites. The use of any third-party website is completely at your own risk. Under no circumstance will Travelex be liable for any loss or damage caused by your reliance on information obtained through a linked website, or your reliance on any product or service obtained from a linked website.

 

Effective Date and Termination

The Effective Date of these TOU is: August 22, 2018.

Travelex may cease to operate the Travelex Applications and reserves the right to terminate your access and use of any part of the Travelex Applications or any Service at any time without notice for any reason subject to the rights you have under these TOU.

Law and Jurisdiction

Our relationship shall be governed and interpreted in accordance with the laws of the Province of Ontario. We both hereby consent to the non-exclusive jurisdiction of the Provincial and federal courts in and for Ontario for the resolution of any dispute which may arise under these TOU, our Privacy Policy, our Mobile App Terms and Conditions, and/or any other terms and conditions or policies of Travelex ("Travelex Policies"). Any dispute, which cannot be resolved between us, shall be resolved in the courts in the Province of Ontario. We hereby disclaim the application of the United Nations Convention on the International Sale of Goods from these TOU.

Personal Information and Payment Security

Please click on this link Privacy Policy to find out how we collect and use your personal information. By using the Travelex Applications, you consent to such collection and use and warrant that all information provided by you is accurate. You agree that we may use personal information provided by you in order to conduct appropriate anti-money laundering and fraud checks. Personal information that you provide may be disclosed to a credit reference agency which may keep a record of such information.

All credit and debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment your order will not be accepted.

Miscellaneous

These TOU, and Travelex Policies incorporated herein, are the entire agreement between you and Travelex. They supersede any and all prior or contemporaneous agreements between you and Travelex relating to your use of the Travelex Applications or the Services. Travelex may assign these TOU, in whole or in part, at any time. If any part of these TOU is determined to be invalid or unenforceable, it will not impact any other provision of these TOU, all of which will remain in full force and effect. Headings in the TOU are for convenience of reference only and shall not affect the interpretation or construction of this agreement. The failure of Travelex to partially or fully exercise any rights or the waiver of Travelex of any breach of these TOU by you, shall not prevent a subsequent exercise of such right by Travelex or be deemed a waiver by Travelex of any subsequent breach by you of the same or any other term of these TOU. The rights and remedies of Travelex under these TOU and any other applicable agreement between you and Travelex shall be cumulative, and the exercise of any such right or remedy shall not limit Travelex's right to exercise any other right or remedy.

Placing an Order

When you place an order you will be given the option to place an order of Travel Money for store pick-up or delivery to your home.

If you choose to place an order for store pick-up, you can order up to 21 days in advance of the pick-up date. Provided we receive and subsequently confirm your order by 1.00 p.m. local time, orders may be available for pick up at your selected pick up location on the next working day subject to availability by currency. Please note that store opening hours may vary. For further information, please see section entitled "Collecting Your Travel Money Order" below.

If you choose to place an order for home delivery, you can select a specific shipping day for delivery up to 21 days in advance. For further information, please see section entitled "Home Delivery" below.

To place an order, follow the instructions on the ordering screen. You are able to correct errors or cancel your order up to the point at which you click on "Submit Order" on the Review & Confirm Page. You will be required to pay for the Travel Money at the time of your order using your credit or debit card. The exchange rates we quote are subject to change. Your order will be subject to the exchange rate (as set by us) that appears on the ordering screen at the time we receive your order.*

*Exchange rates quoted in the newspapers are not indicative of exchange rates that the average consumer can secure. The rates published in the newspapers are usually “spot rates” available on amounts of $1 million or more transferred electronically between banks.

You must provide the information requested during the ordering process for us to process your order. We reserve the right to request further information from you at any time to enable us to complete your order and/or to comply with regulatory requirements. We will use certain procedures to authenticate each transaction and may, at any time, decline to process your order or any part thereof for any reason. By placing an order, you confirm that the details contained in the order are correct in all respects.

The system will display a confirmation screen setting out the details of your order. This confirms our receipt of your order. A contract between you and us is formed only when we send you a confirmation email that your credit or debit card payment has been accepted. Please print a copy of the confirmation screen for your records and print or store the confirmation email in a safe place, as it may be your only record of your transaction. If you do not receive a confirmation number and / or email, it is likely that your order has not been received or that your order has not been accepted by Travelex. In this case, please contact our customer services department in order to verify this.

Collecting your Travel Money Order

If you choose to place an order for store pick-up, orders can only be collected by the cardholder from the Canadian Travelex location chosen during ordering. Pick-up is subject to the hours of operation of the Travelex store location. Details of the store’s opening hours will be provided to you at the time of your order and can also be obtained on the Travelex Applications. Please remember to allow sufficient time to make your pick-up before departing.

At the time of pick-up, the cardholder must produce their order number, the credit card or debit card with the number printed on the card that matches the number that was used to make the purchase, plus either a valid passport or a Government issued Photographic Driving License for identification purposes. Depending on your order, Travelex reserves the right to ask for further information and identification (such as proof of residential address) in accordance with its anti-money laundering policies. The name on the credit or debit card used to make the purchase must match that of the identification document(s) provided. In order to enable Travelex to comply with anti-money laundering regulations, its legal obligations and its internal risk and fraud policies, Travelex reserves the right to make a copy of your identification document(s) and the card used to make your purchase, at the time of pick-up. Any copies made will be subject to the terms of our Privacy Policy

Home Delivery  

We use a selection of delivery agents to ensure your order is delivered in the most efficient way. All home delivery orders are sent by either Canada Post or FedEx (unless we advise you otherwise) (our "Delivery Agent") and only to your credit or debit card billing address. Please note that delivery times may vary. A valid telephone number is required for home delivery.

For details and exceptions of the service provided by Canada Post please click here.  For details and exceptions of the service provided by FedEx please click here.

Please note that we do not deliver to post office ("PO") boxes.

Replacements and Returns

If you fail to accept delivery for any reason and wish your order to be re-delivered it will be your responsibility to pay any additional delivery charges.

If you do not receive your order by the specified delivery date or you receive the order and it is incorrect because of a fault on our part, you should notify us of the non-delivery or error and we will resend the order or correct the error by delivering a replacement order, as the case may be.

In the event we deliver a replacement order, you agree to return the original order (if received) to us through our Delivery Agent within 14 days and we will reimburse the return postage to you. If you fail to return the original order you authorize Travelex to charge your credit or debit card for the amount of the replacement order less the amount of the error, if any.

If the value of the order delivered to you is greater than the order you placed with us, you will return the excess to us through our Delivery Agent within 14 days. If the delay in delivery or error is due to our fault, we will reimburse the return postage to you.

In the event you are entitled to a return or a replacement, please contact customer services on 1-855-270-0627 (Monday to Friday 8 A.M. to 8.00 P.M. and Saturday 9 A.M. to 5 P.M. ET) to arrange this.

Cancellation Policy

Order details cannot be amended once you have clicked on “Submit Now” on the Review & Confirm Page.

In accordance with the terms and conditions outlined below, orders may be cancelled by calling customer services on 1-855-270-0627 (Monday to Friday 8 A.M. to 8 P.M. and Saturday 9 A.M. to 5 P.M. ET) or by emailing us at Online.Orders.Canada@travelex.com.

Store Pick Up

If you have placed an order for pick-up by you at a Travelex store, this order can be cancelled as long as you have not already picked up your order, and we will refund you the full amount you paid for your order, excluding any applicable card issuer charges. These card issuer charges are separate to any charges made by Travelex and as such, are levied directly by your credit or debit card issuer. For further information, please see section entitled “Charges” below.

If you have placed an order for store pick-up and you fail to collect your order from the pre-selected Travelex location within 72 hours of the pick-up time then your order will be marked as “non-collected” and will be treated in the same way as a cancellation in accordance with the paragraph above.

Once an order has been picked up from a Travelex store, it cannot be cancelled. If you wish to return an order that you have picked up, we can buy it back from you at the Travelex exchange rate of the day such order is received by Travelex. Please note that as exchange rates fluctuate daily, we cannot guarantee that you will obtain the same exchange rate you received when you placed your order.

If you wish to return your order, either bring your order to a Travelex store or mail us your order (at your expense) enclosing a completed copy of the "Sell Us Your Currency" form. Please click here for full details of this service and for a copy of the relevant form.

Home Delivery

If you have placed an order for home delivery, this order can be cancelled as long as your order has not been dispatched for delivery, and we will refund you the full amount you paid for your order, excluding any applicable card issuer charges. These card issuer charges are separate to any charges made by Travelex and as such, are levied directly by your credit or debit card issuer. For further information, please see section entitled “Charges” below.

If you cancel your order for home delivery after your order has been dispatched for delivery, we will refund you the amount you paid for your order, less any delivery charges, and excluding any applicable card issuer charges. Any delivery charges are non-refundable. Card issuer charges are separate to any charges made by Travelex and as such, are levied directly by your credit or debit card issuer. For further information, please see section entitled “Charges” below.

All Orders

Travelex shall process all refunds to the card account originally used to purchase your order within 30 days. The date on which the funds reach your card account will be dependent on the processing times of your card issuer. Please note that Travelex will not refund any cash advance charges made by your card issuer.

The provisions of this cancellation policy do not affect your statutory rights.

Corrections and Complaints

No changes are allowed once you have clicked "Submit Order" on the Review & Confirm Page.

If you have any comments or complaints please contact us by emailing us at Customer.Assistance@travelex.com; or by telephoning us on (877) 414-6359; or by writing to us at Travelex Online Orders Customer Support, Travelex Canada Limited, 250 Yonge Street, Suite 2201, Toronto, ON M5B 2L7.

Charges

Canadian taxes associated with the Services will be collected when applicable. Foreign currency banknotes transactions have no service charge. If you choose to place an order for home delivery, the charges for delivering your order will appear in the online order details. The total sum payable by you (except for any charges levied by your credit or debit card issuer) will be shown on the Review & Confirm screen. You can pay for orders with most major credit or debit cards issued in Canada registered in your name and with sufficient funds available to cover your order and any applicable fees.

Credit/debit cards may be subject to a cash advance fee by the card issuer, which will be shown separately on your Credit or Debit Card statement.

Third Party Rights

When you place an order for Travel Money we are entering into a contract with you personally. Nothing in these terms will confer any benefit on any third party or any right to enforce these terms.

© 2018 Travelex. All rights reserved.