Terms of Use – Lumen Remittance

This Customer Agreement sets forth the terms and conditions for the use of the Lumen services (hereinafter referred to as the “Services”) provided by Lumen Consulting Inc. (hereinafter referred to as the “Lumen”, “we,” “us,” and “our”).

By registering or using an existing Lumen Account, or by otherwise using the Services, Customers (hereinafter referred to as “you” and “your”) agree to be bound by these Terms of Use and consent to receive communications related to the Services or your Lumen Account in via email, SMS, and other notifications as configured by you when logged in. Any Customer that completes a registration or operates a Lumen account is assumed to have carefully read the terms and conditions set forth in this agreement when registering to use the Services. Please note that if you do not accept this Customer Agreement, you will not be able to use the Services. Further, by using the Services and accepting this Customer Agreement, you agree to comply with and accept:

PRIVACY

    • The Lumen Privacy Policy that outlines the terms on which we handle any personal data we collect about you, or that you provide to us as part of using the service. Use of our service implies consent to the Privacy Policy
    • The Acceptable Use Policy, which delineates the permitted uses and prohibited uses of our Services.

Please read and understand these policies and the other agreements that apply to you as a Lumen Customer. Your use of the Services may be subject to additional terms and conditions, as communicated to you via email, SMS, and other methods.

1. Information About Lumen

Lumen Consulting Inc is registered in Canada with the Financial Transactions Reports Analysis Centre of Canada (“FINTRAC”), registration number <number>. Lumen is registered as a money service business and is able to provide foreign exchange dealings and money transfer services to residents of Canada under this registration. Lumen does not provide other services and is not a payment processor, bank, or other financial institution. Further, Lumen does not accept cash or cryptocurrency under any circumstance.

2. Eligibility

You must be at least 18 years old, or the age of majority in your jurisdiction of residence to use the Lumen service. Further, note that third party transactions are strictly forbidden using the Lumen service. Any Customer registering for or using the Lumen service affirms that it is for their personal use and that all transactions are performed on their own behalf. You must only use the Services to transact on your own account and not on behalf of any other person or entity.  Further, Customers may not share an account or login details under any circumstance. If Lumen suspects an account is being operated by more than one individual or on the behalf of an undisclosed third party the Customer account may be closed without notice.

Additionally, customers may not use their account for any of the following purposes:

    • Financing individuals, organizations, or other entities concerned with/engaged in the development of weapons and weapons delivery systems
    • Sending funds, directly or indirectly, to any 3rd party not disclosed to Lumen
    • Transacting with any party that is excluded, sanctioned, or subject to asset freezes
    • Facilitating transactions related to the export sale, supply, shipment of goods that are blocked by sanctions such as technical data, telephone and telecommunications equipment
    • Facilitating any transaction relative to heavy water, uranium enrichment, or nuclear development

3. Lumen Services

    A. Account Opening

To access the Services, Customers are required to open an Account by providing certain information. All information provided during account registration or any time thereafter must be complete, and truthful. Customers are responsible for maintaining current Account information including mailing address, email address, telephone number, and other contact information. Lumen may, at their discretion, refuse to provide or may discontinue providing the Services to any Customer at any time for any reason. Any and all activities carried out on a Lumen account are the responsibility of the account holder.

         I. Account Security and Privacy

Privacy and security is critical to account security. Your passwords are stored on Lumen servers in encrypted form. Further, passwords are not available to Lumen staff under any circumstance. Lumen will not disclose your personal information, including account details, postal or email addresses to anyone except when legally required to do so as dictated by our Privacy Policy. All information transmitted to Lumen by you and to you by Lumen is protected by Secure Socket Layer (SSL).

You are solely responsible for ensuring the security and confidentiality of any and all IDs, passwords, or any other details that you use to access your Lumen Account and the Services. You must never disclose or share your account credentials with anyone under any circumstance. Lumen will never contact you or ask you to provide your password to us or to a third party. Please report any suspicious requests for your account credentials and ensure no one witnesses you login or operate your Lumen account.

If you suspect your Lumen Account, login credentials, or other aspect of your account has been compromised change your password immediately. Further, report any unauthorized, or suspected unauthorized, access to Customer Support at your earliest opportunity. The compromise of your credentials could lead to fraudulent transactions and account usage which are your sole responsibility as an Account Holder.

You must make sure that your e-mail account(s), phone, and other contact methods are secure and only accessed by you. Let Customer Support know immediately if your email address becomes compromised.

Duplicate and Dormant Accounts

Lumen does not allow the creation of duplicate accounts for the same user due to security and identity validation requirements. Lumen will close any account deemed a duplicate at it’s discretion and without notice to the user.

Lumen tracks customer activity on a regular basis and will suspend any account that has not had a login or transaction in 180 days at it’s discretion and without notice to the user.

II. Identity Verification

Opening an account and using the Lumen services constitutes a financial service provided by a registered money services business, Canadian law requires that Lumen verify your information. You authorize Lumen to make any inquiries and checks necessary to verify your identity, directly or indirectly through third parties, including checking commercial databases or credit reports. We may do credit checks, verify your bank account, and request current copies of identity documentation including your government issued photo identification and a utility bill.

Lumen reserves the right to access various government, private, and credit sources to verify your information. If databases provide a match to the information you used to register we may not need to request government issued photo identification. We reserves the right to close, suspend, or limit access to your Account and/or the Services in the event we are unable to obtain or verify this information.

B. Depositing Funds

You may deposit funds in supported currencies into your Lumen Account in order to (i) exchange currency, or (ii) send it to another person. Note that Customers are not able to hold a significant balance on Lumen at present.

You can deposit money through multiple methods including online bill payment (OBP), Interac, electronic funds transfer (EFT), wire transfer and credit or debit card. Not all deposit methods are available to all customers, check your current account status to be sure. Deposit options are not part of the Services, they are provided by third parties. Lumen does not guarantee the use of any particular deposit method and may change or stop offering a particular deposit method at any time without notice.

Lumen will credit your Account once we have received funds from your bank or credit card issuer.

I. Funding With A Bank Account

Funding your Lumen account using pre-authorized direct debit, online bill payment, or Interac to directly debit your bank account, requires you to provide  your bank account details, including your bank account number and routing number. If you fund your account using pre-authorized direct debit and provide bank account details, you confirm that these details are correct, that you are authorized to access and use the bank account, that you have sufficient funds to cover the deposit and that you have the authority to initiate an electronic funds transfer to or from your bank account. Your authorization shall remain in force unless canceled by you with sufficient notice per our policy.

II. Funding With A Debit or Credit Card

Funding your Lumen account via debit or credit card, requires you to provide your card details, including your card number, name, expiry date, CVV code, and 3D Secure details.. If you fund your account  via debit or credit card, you confirm that these details are correct, that you are authorized to access and use the card, and that you have the authority to initiate a debit or credit card payment from your card account.

III. Funding With A Bank Wire

Funding your Lumen account using a bank wire requires you to initiate and complete the transaction at your bank. You may be required to provide proof of the wire by sending a copy of the wire slip to Customer Support. No funds will be credited to your Lumen account until they are confirmed to be available in our bank account.

C. Holding A Balance in your Account

I. Lumen does not provide stored value or deposit facilities.

Lumen is not a bank and therefore does not allow customers to hold significant balances at any time. Clients should transfer or otherwise withdraw the majority of deposited funds within 24 hours of their receipt in the Lumen system. Clients may not hold in excess of $10.00 CAD, or equivalent at any time. Lumen, and funds held within our system, is not insured by the CDIC or other deposit insurance scheme. Customers are not entitled to interest or other claims/gains on any nominal balance held in the Lumen system.

II. History of Transactions

Account activity and transactions, including current balance and funding/transfer history, inclusive of fees including foreign exchange charges, where applicable, are recorded and available in your transaction history.

You may access this information when logged in or by request to our Customer Support team. Note that transaction history will only be sent to the email associated with your account and only at your request upon confirmation of your identity. All transactions have a reference number AND you should quote this reference when communicating with our Customer Support team.

D. Foreign Exchange

Balances may be held in multiple currencies. You are responsible for any volatility or similar risk caused by holding a balance in multiple currencies. Further, you may not use the Lumen system for the purpose of currency arbitrage or speculation.

          E. Withdrawing/Sending Funds

When you have an available balance, you may use it in the following ways:

        • Withdrawing the funds to your own bank account
        • Sending a remittance to another Lumen member
        • Closing your account and requesting a check
        • Requesting a refund to the card you used to deposit

Not all withdrawal/send methods are available to all customers, check your current account status to be sure. Lumen does not guarantee the use of any particular withdrawal method and may change or stop offering a particular withdrawal method at any time without notice.

Fees are charged for all withdrawal and remittance transactions, the exact fee is disclosed on our webpage during submission of your request. Fees include transaction fees, foreign exchange, and other fees.

V. Limits

Your Account is subject to deposit, withdrawal and send money limits. If any request exceeds your current limit, your request will be declined.

VI. Clearing Times

All transactions have clearing times that depend on the banks that process them and industry timelines. Lumen has no control over processing timelines in the banks that we use to effect payments.

F. Foreign Exchange

The Lumen services include foreign exchange, such as:

      • Depositing funds in one currency and sending funds to a third party in another currency;

Conversion fees will are charged by Lumen for all foreign exchange transactions. Currency conversions are conducted on all remittance transactions where the recipient currency is different from the depositor currency. Fees for foreign exchange are disclosed at the time of transaction and are agreed to by you, the Customer.

We process currency conversion orders using competitive market rates and execute using the market rate (spot) + a premium based on your available balance at the time of transaction. Lumen is not responsible for changes in currency price that may occur due to market fluctuation, or other factors. Exchange rates are booked at time of transaction and not guaranteed by Lumen.

Lumen reserves the right to refuse or decline any currency conversion request at our discretion.

G. Fees and Taxes

Fees for all transactions including deposits, withdrawals, and remittance are disclosed to you throughout the process and must be agreed to before a transaction is initiated. All fees charged by Lumen are reflected in your transaction history and are agreed to by you, the Customer, as part of this agreement.

Lumen’s fees do not include any fees charged by your financial institution and Lumen assumes no responsibility for these fees. Further, Lumen is not responsible for the payment of any taxes or duties owed on funds sent using our system. Users are solely responsible for abiding by tax law in their jurisdiction.

H. Closing Your Account

Closure By Customer

You may close your account at any time by contacting Customer Support at <phone number> or <email>.

Any balance available at time of closure will be available for withdrawal to your bank account or by paper check. You agree that your information will be stored for a minimum of 7 years prior to being deleted in our systems and that all obligations contained in this agreement remain in force after an account is closed. You remain responsible for any pending transactions, fees, or reversed/disputed/chargeback transactions after closure.

I. Closure By Lumen

Lumen may, in its sole discretion, suspend or terminate this Customer Agreement and access to our services for any reason and at any time with or without notice to you. Any balance available at time of closure will be available for withdrawal to your bank account or by paper check.

We may close your Account for the reasons below, or others:

            1. Your contravention of any of the Terms of Use contained herein
            2. Third party request from law enforcement or other regulatory body
            3. Suspicion of third party transactions or criminal activity
            4. Suspicion you are involved in fraudulent activity, money laundering, terrorism financing, or other illicit activity
            5. Suspicion that your Lumen account has been breached/accessed/operated by an unauthorized party

In the event of any closure you may request your transaction history and receive it from Lumen Customer Support to the email address on your account. You remain responsible for any pending transactions, fees, or reversed/disputed/chargeback transactions after closure.

I. Correspondence

Lumen is required to communicate with you on an ongoing basis for issues of account operation, maintenance, and to market additional services to you.

You agree that Lumen may contact you via call/SMS at the phone number provided, via email at the email address provided and via physical mail to your home address. Lumen is not responsible for data, roaming, and other fees charged by your telephone, mobile, or internet service provider(s).

J. Refunds

As outlined elsewhere in this policy you may only request a refund when you have an account balance that is equal or greater to the amount of the refund.

Further, note that refunds will only be processed to the original payment source(s) (credit card, bank account, etc) that was used to make the deposit. For the sake of clarity this means that a deposit from a credit card may not be refunded to your bank account.

Note that excessive refund requests may result in closure of your account.

4. Account Issues

A. Chargebacks, Returned, And Disputed Payments

You, the Customer, are responsible for all reversals, chargebacks, claims, fees, fines, penalties and other financial liability incurred by Lumen as a result of your breach of these Terms of Use, and your use of our Services. You agree to reimburse Lumen for any and all costs. In the event that a transaction is reversed and you do not have sufficient balance at the time of reversal/refund your Lumen account will incur a negative balance. Customers are responsible to fund their accounts and clear negative balances promptly.

Payments may be reversed by Lumen in the following, and other scenarios,:

        • We suspect or know that any payment was fraudulent
        • Payment was made in error
        • Payment was not honored or reversed by your bank
        • The payment was for a product, service, or purpose that contravened these Terms of Use
        • You have a negative balance on your current or a duplicate account.

B. Negative Account Balances

Any negative balance on your Lumen account, incurred for any reason, is your sole responsibility as account holder. In the event of a negative balance you are responsible for funding your account within 30 days of negative balance to repay Lumen. Negative balances that last for 30 or more calendar days may be subject to collections action by Lumen OR 3rd party agencies that we contract. Your information will be shared with collections agencies for the purpose of recovering debts, negative balances, and outstanding funds.

C. Errors and Unauthorized Transactions

To guard against errors and unauthorized activity, you should regularly log into and review your Account and transaction history. All transactions carried out on your account result in automated receipt emails to your email address on file. You are responsible to review these in a timely fashion and notify Lumen if you feel any activity is erroneous or unauthorized.

Lumen is not responsible for any transactions that occur as a result of you not keeping your login credentials secure. This includes sharing credentials with family/friends, storing them in a vulnerable way/location, or using public/shared computers to access your account. If you believe your account credentials may have been compromised change your Account password and contact Customer Support immediately.

D. Complaints

Any questions or complaints regarding the Lumen Services, may be reported to <email>, <phone> or in writing to <mailing address>. Lumen will endeavor to resolve your complaint in a timely fashion and respond in writing within 72 hours to your Account email address.

5. Technology

A. Links To The Lumen Website

Customers may link to our Website, abiding by these Terms of Use. You may link to our Website, provided:

          • You do not post damaging or incendiary content regarding our service
          • You do not post slanderous or libelous content regarding our service
          • You do not hold yourself out as an authorized representative or agent of Lumen
          • You do not misrepresent our services in any way including characterizing them as banking services
          • You do not represent yourself as an affiliate or referral partner of Lumen

We reserve the right to revoke such withdraw linking permission without notice and for any reason.

B. Information Security

You, the Customer,  are responsible for your own data, device, and personal security. Customers are responsible for operating their own anti virus, malware, and spyware protection. Customers must not attempt to reverse engineer, maliciously breach, or otherwise attack the Lumen service and servers via malware or distributed denial of services attacks. Breach of this provision constitutes a criminal offense and Lumen may, in it’s sole discretion, pursue criminal or civil remedies for such actions.

C. Third Party Services

Lumen may engage third party partners and providers in order to provide the Services. Certain aspects of the service including processing transactions, verifying identities, and so on require the transmission of your information to a third party under these Terms of Use and our Privacy Policy. Note that registering an Account and using the Services requires initial and ongoing acceptance of these Terms of Use.

We do not take responsibility for the accuracy, completeness, or availability of any third party information or service at any time.

6. Limitation Of Liability

A. Lumen’s Liability

Lumen only accepts liability for damages that they are expressly required to be liable for under law. If your province/jurisdiction does not expressly require Lumen be liable for any damages then Lumen will not liable for any damages.

You understand and warrant that Lumen, it’s executives and officers, related companies, investors, and other associated parties are not liable for any real or implied loss of profits or damages arising from your use of the Services. Our liability to you is limited to the actual amount of direct damages as dictated by applicable law in your jurisdiction. Where your ability to use the Lumen service is interrupted or prevented due to the clauses of these Terms of Use OR your own contravention of the Terms of Use we accept no liability whatsoever.

B. Service Availability

Lumen shall make it’s best effort to make the services available on an ongoing basis however we make no warranty or guarantee regarding ongoing/continuous availability. Where the service is unavailable for reasons beyond our control we accept no liability for same.

C. No Warranty

Services are provided on an “as is” basis with no warranty or guarantee.

D. Events Outside of Our Control

Our brands, public collateral, marketing materials, and logos are our own and you may not use, reproduce, or modify these without our consent. Use of any of the Lumen public facing brand material constitutes break of copyright and plagiarism and may result in criminal or civil penalties where applicable.

E. Lumen Is A Money Services Business

Lumen provides Money Services Business services to you including money remittance and foreign exchange. Lumen is not a payment processor, bank, or other financial institution. Lumen only provides money remittance and foreign exchange and does not accept cash under any circumstance.

 

F. Entire Agreement

These Terms of Use, the Privacy Policy, and other information available on the Lumen website constitute the entire agreement between you, the Customer, and Lumen, the Service Provider. Update of these terms will be communicated to you in writing using the information on your account AND at time of your first login after update. Continued operation of your Lumen account implies your acceptance of, and willingness to abide by, these Terms of Use.

G. Law and Jurisdiction

The provision of the Services and any dispute or claim arising out of the provision of the Services is governed by the laws of the Province of British Columbia and the federal laws of Canada.

H. Language

The parties have agreed that this Customer Agreement and any related documents will be written in the English language. Lumen does not provide service in other languages at this time.