CONTRACT FORMATION AND OVERVIEW
1.1 These Terms and Conditions, herein referred to as the ‘Terms,’ outline the rules governing your access and usage of our website, which includes our App (where applicable) and the associated services, collectively referred to as the ‘service.’ By accessing, registering, and using the service, you are consenting to abide by these Terms. If you do not agree with these Terms and do not wish to be bound by them, please refrain from accessing, registering, or using the service. These Terms and Conditions are presented in the English language, and all activities, instructions, and transactions related to the service will be conducted in English
1.2 In these Terms and Conditions, the terms ”RightQode”, ”Tuma”, “we”, “us”, and “our” refer to:
For all provinces except Quebec, RightQode Inc., a company registered in Canada with corporation number 1124622-4, with its registered office at 7398 Yonge Street, Suite 1373, Thornhill ON L4J 8J2, Canada, registered with FINTRAC under no. M21515523; in each case together with the relevant company’s employees, directors, affiliates, successors, and assigns.
Tuma is a product of RightQode and therefore any mention of “Tuma” in these terms is in fact a representation of RightQode as a company
1.3 The terms ‘you’ and ‘your’ pertain to individuals utilizing the service, including Senders, Recipients, other users, or website visitors.
1.4 These Terms and Conditions come into effect upon your initial access, registration, or use of the service. Please note that these Terms and Conditions may undergo periodic revisions, as detailed in clause 15.3 within these Terms and Conditions.
1.5 The service was established for the purpose of; facilitating money transfers between customers and their family and friends worldwide, and
To ensure security, we strongly recommend using the service exclusively for sending money to individuals you personally know. It is prohibited to use the service for sending money to unfamiliar individuals, such as sellers of goods and/or services, regardless of whether they are private or retail.
DEFINITION
In these Terms and Conditions:
“App” means Tuma’s mobile application for
- the sending of Payment Requests and/or Transaction Requests, and/or, where available,
(b) the use of the Tuma Wallet where applicable
“Destination Country” means the country in which the Payee receives money through the Tuma service.
“Instruction” means a Payment Request and/or a Transaction Request.
“Local Taxes” means any taxes or charges payable in the Destination Country.
“Payee” means someone who receives money, E-money through the Tuma service.
“Payment Instrument” means a valid instrument of payment such as a bank account, debit card or credit card.
“Payment Request” means a specific instruction from you to a Sender requesting a Transaction.
“Payout Amount” means the amount paid out, after any foreign exchange conversion, to the Payee’s account exclusive of the transaction fee.
“Prohibited” means activities which involve narcotics, steroids, pharmaceuticals, chemicals, drug paraphernalia, tobacco, seeds, plants, animals, military or semi-military goods or services, weapons (including dual-use goods), adult services or content, bitcoin or other cryptocurrency, binary options or gambling services or any other activities that are prohibited by RightQode’s policies as amended from time to time.
“Recipient” means:
(a) a Payee; or
(b) in the event that you are using the service to send a Payment Request, someone who receives the Payment Request.
“Sender” means someone who uses the service to send money,
“services” means any or all of the following services:
(a) Money Transfer;
(b) Digital Money Account;
“service fee” means Tuma’s fee plus any additional charges or Local Taxes applicable to each Transaction, which Tuma may charge, in its sole discretion in accordance with applicable laws, as may be described in these Terms and Conditions, and on the Tuma website from time to time.
“service Provider” means a local bank, money exchange house, or other third party service providers (e.g. mobile network operators) in the Destination Country with whom Tuma works to provide the service.
“Transaction” means the transfer of money, E-money or through the service, as the case may be.
“Transaction Amount” means the amount of money, E-money that the Sender wishes to send to the Payee as a Transaction, excluding any applicable service fee and prior to any foreign exchange conversion.
“Transaction History” means the record of your Transactions on our website which you may access using your email and password registration details.
“Transaction Request” means a specific instruction from you requesting us to send money to a Payee through the service.
OUR OBLIGATIONS
3.1 Within the confines of these Terms and Conditions, we commit to delivering the service to you with reasonable diligence. It’s important to recognize that the availability of the service, either in its entirety or in parts, may be subject to restrictions in certain regions, countries, or jurisdictions.
3.2 We do not have an obligation to process any specific Transaction. When you submit a Transaction Request, you are essentially asking us to handle the Transaction on your behalf, and you consent to its execution. The decision to accept or decline the offer to process the Transaction rests solely with us, and if we choose not to proceed, we will promptly inform you of this decision and refund the Transaction Amount received by us, unless prohibited by law. Even if we opt to proceed, we retain the authority to suspend or cancel the Transaction at our discretion.
3.3 Tuma retains the right to make modifications or discontinue the service, or any part of it, without prior notice, at any point and on an intermittent basis.
3.4 In our absolute discretion, we reserve the right to decline any Transaction Request (as further elucidated in clause 5) or impose limits on the Transaction Amount. These actions may apply to individual Transactions or aggregate Transactions, as well as to specific registration details or Payment Instruments. Furthermore, we maintain the prerogative, at our sole and absolute discretion, to change the Payment Instruments we accept at any given time.
3.5. The delivery times mentioned in our service levels or elsewhere on our website serve as representations of the “normal” or average service, and they do not constitute a guarantee of specific service or Transaction times for individuals.
3.6. While we aim to process Transactions promptly, various factors, including but not limited to verifying your identity, validating Transaction instructions, contacting you, business hours, currency availability, and compliance with applicable laws, may lead to delays or cancellations of any Transaction.
3.7. We may communicate Transaction-related notifications via email and SMS. Following the receipt of a Transaction Request, we will furnish you with information to help you identify the Transaction. This information includes details such as the Transaction amount in the currency used in the Transaction Request, our service fee, exchange rate, and the date when we received the Transaction Request.
3.8. We strive to provide Senders and Recipients with updated information regarding the location and operating hours of our service Providers through our website. Nevertheless, you agree that Tuma cannot be held responsible for any inaccuracies that may appear in this information or any resulting consequential losses stemming from incorrect or incomplete information.
YOUR OBLIGATIONS
4.1 You agree that:
4.1.1. You affirm that you are at least 18 years old and possess the legal capacity to enter into a binding contract in any relevant jurisdiction before using the service to issue any Instructions.
4.1.2. You acknowledge that for each Transaction Request you initiate, you are responsible for paying the specified service fee, in addition to the Transaction Amount, at the time of submitting the Transaction Request. This service fee is typically non-refundable, unless explicitly stated otherwise in these Terms and Conditions. If your Transaction Request leads to Tuma incurring charges, such as chargebacks or other fees, you agree to reimburse us for these fees.
4.1.3. We reserve the right to apply a convenience fee for processing credit cards in specific jurisdictions, and if applicable, we will disclose this fee to you before you submit the relevant Transaction Request.
4.1.4. You are prohibited from using any device, software, or routine that disrupts or attempts to disrupt the proper functioning of the service or any ongoing Instructions.
4.1.5. In relation to your registration and usage of the service, you must:
(a) Provide accurate, up-to-date, and complete proof of your identity and update your personal information promptly if it changes.
(b) Supply any identity documents as requested by us.
(c) Provide details of one or more Payment Instruments.
(d) Furnish accurate and complete information as indicated on the website for receiving the service and any other information required for the Recipient.
(e) Provide any additional information necessary for the proper execution of a Transaction Request, as specified during the Transaction details entry on our website, along with information outlined in clause 5.4.
4.2. We disclaim any liability for losses or damages incurred by you or any third party due to non-payment, delayed payment of a Payout Amount to a Payee, or failure to execute any Instruction under the service if you breach your obligations outlined in clause 4.1.
4.3. When using the service under these Terms and Conditions, it is your responsibility to ensure the accuracy of all details before submission. Once a Transaction Request is received, changes to its details are typically not possible. You will have the opportunity to confirm Transaction Requests before submission, and you must carefully review the details.
4.4. The total amount (comprising the Transaction Amount, service fee, and other applicable fees and charges) that you need to pay, along with the relevant exchange rate, will be clearly displayed before you are prompted to confirm your Transaction. Proceeding with the Transaction at this stage is entirely optional.
4.5. If you pay a Transaction Amount in one currency while the Payout Amount is in another currency, there will be a variance between the foreign currency purchase rate and the rate provided to you. Tuma and its service Providers typically generate a small profit in such situations. We assure you of the Payout Amount in the local currency, and the margin on foreign currency exchange serves to cover the risk in providing this assurance. If the Payee’s account is denominated in a different currency than the one you specified for the Transaction, there may be delays, additional charges, or varying exchange rates. Thus, it is your responsibility to ensure that the Transaction’s requested currency matches the recipient’s account currency.
4.6. Tuma bears no responsibility for any fees or charges incurred by your use of a specific Payment Instrument for funding a Transaction. These may include, but are not limited to, unauthorized overdraft fees imposed by banks for insufficient funds in your account or “cash advance” fees and additional interest imposed by credit card providers if they categorize the service use as a cash transaction rather than a purchase transaction. You must consult your financial institution for information regarding such fees or charges.
4.7. You may only use the service to send a Transaction Amount to individuals you personally know and not for making payments to third parties you do not know or trust for goods or services. Tuma reserves the right to decline processing your Transaction Request if we suspect that you are using the service for purchases from unknown or untrusted third parties, or if we believe that you or the Recipient are engaging in fraudulent, illegal, or prohibited activities, or violating these Terms and Conditions. If you opt to pay third parties for goods and services using the service, please understand that Tuma has no control over the quality, safety, legality, or delivery of such goods or services. Therefore, using the service in this manner is entirely at your own risk.
4.8. Both you and the Recipient must act on your own behalf. You may not submit an Instruction or receive a Transaction on behalf of a third party without prior approval from Tuma. If you intend to do so, you must inform Tuma of your intention and provide any additional information about the third party that we may request for us to decide whether to permit the Instruction or Transaction.
4.9. In using the service, you will comply with these Terms and Conditions as well as any applicable laws, rules, or regulations. Using the service to send Transaction Amounts to Payees who have violated these Terms and Conditions or for illegal activities, including but not limited to money laundering, fraud, and funding terrorist organizations, constitutes a breach of these Terms and Conditions. If Tuma reasonably believes that you are using the service for illegal or fraudulent purposes, or allowing a third party to do so, in addition to any actions outlined in these Terms and Conditions, Tuma may report you to the appropriate legal authorities.
4.10. When using our website, the service, or when interacting with Tuma, other users, or third parties, you must not:
4.10.1. Violate these Terms and Conditions or any other agreement with Tuma.
4.10.2. Create multiple registrations without our prior written consent.
4.10.3. Provide false, inaccurate, or misleading information.
4.10.4. Allow unauthorized access to your registration details and ensure their safety and security.
4.10.5. Refuse to confirm any information you provide to us, including proof of identity, or cooperate in any investigation.
4.10.6. Use anonymizing proxies or devices to obscure your activity.
4.10.7. Copy or monitor our website or any part of the services using automated or manual processes without our prior written permission.
4.11. You understand that nothing in these Terms and Conditions or any other information provided by Tuma as part of the service is intended to be, nor should it be construed as, legal or other advice. If needed, you agree to seek advice from your own professional advisors regarding the impact of Canadian or foreign laws that may apply to the service.
OUR RIGHT TO REFUSE, SUSPEND OR CANCEL
5.1. We retain the right to decline any Transaction Request, Payment Request, or Transaction at any given time and for any reason, and we may cancel such requests where applicable. However, we provide some examples of situations where this may occur:
5.1.1. We have the discretion to decline or cancel Transaction Requests, Payment Requests, or Transactions if we suspect that the service is being employed, whether by you or the parties involved in sending/receiving, to facilitate illegal, fraudulent, or prohibited activities.
5.1.2. In our absolute discretion, we may refuse or cancel Transaction Requests, Payment Requests, or Transactions to or from specific Senders or Payees, including entities and individuals on restricted or prohibited lists issued periodically by government authorities. This action may be taken if required by law or if we have grounds to believe that processing the Transaction Requests would violate anti-money laundering or counter-terrorism financing laws and regulations. We might also decline processing a Transaction funded from specific Payment Instruments if we suspect a compromise in the Payment Instrument’s security or unauthorized or fraudulent use.
5.1.3. We have the discretion to refuse or cancel Transaction Requests or Transactions if we determine that you are using the service to make purchases from third parties you do not know or trust.
5.1.4. We may, in our absolute discretion, decline or cancel Transaction Requests, Payment Requests, or Transactions if:
(a) We cannot verify your identity.
(b) We cannot verify the identity of the Recipient.
(c) You fail to comply with information requests as outlined in clause 5.4.
(d) We reasonably believe that you are using the service, or allowing it to be used, in violation of these Terms and Conditions or any applicable laws, rules, or regulations.
5.2. In cases where Tuma refuses or cancels a Transaction Request, Transaction, or Payment Request, we may, at our discretion, temporarily or permanently suspend your Registration.
5.3. Should Tuma temporarily or permanently suspend your Registration, or decline or cancel a Transaction Request, Payment Request, or Transaction in accordance with this clause 5, we reserve the right to retain any service fees that have already been incurred.
5.4. To meet our obligations under relevant laws, we maintain the right to request additional information or evidence related to the purpose of a Transaction, as well as the identities of both you and the Recipient.
YOUR RIGHT TO CANCEL; REFUNDS
6.1. To the extent permitted by applicable law, once we have received your Instruction, you do not have an automatic right to revoke it.
6.2. Despite the provision in clause 6.1, Tuma may, at its sole discretion, attempt to cancel your Instruction if you have notified us of your desire to revoke it. In certain cases, Tuma may have initiated an irreversible request for funds to be disbursed to your Payee through a service Provider, making it impossible to guarantee successful cancellation. For successful revocations, Tuma will typically refund your funds, minus reasonable revocation charges and any already incurred service fees, within ten (10) Business Days. Please note that this may take longer periods depending on your financial institution.
6.3. If you:
6.3.1. Encounter any issues while using the service; or
6.3.2. Become aware of any unauthorized or incorrectly executed Transactions; you should promptly contact us through the contact options provided at the end of these Terms and Conditions, and in any case, no later than 13 months after the date when the Transaction Amount was debited. For refund requests due to unauthorized or incorrectly executed Transactions, please submit a written request (including email) to one of the contact points listed at the bottom of these Terms and Conditions. Include the Sender’s full name, address, phone number, Transaction tracking number, Transaction Amount, and the reason for the refund request.
6.4. If we have carried out the Transaction according to the instructions you provided, and it turns out that the information provided was incorrect, we are not liable for the erroneous execution of the Transaction. Nonetheless, we will make reasonable efforts to recover the funds and may charge you a reasonable fee reflecting our efforts to do so.
6.5. In cases where Tuma has executed the Transaction differently than your Instruction, and subject to clause 11.2, Tuma will refund the entire debited amount. Except under extraordinary circumstances, no adjustments will be made for currency fluctuations that may have occurred between the time you paid us the Transaction Amount and the time of crediting.
6.6. Any refunds will be credited back to the same Payment Instrument used to fund the Transaction and will be in the same currency.
PAYMENT REQUEST
7.1. You commit to refraining from sending Payment Requests to individuals you do not personally know, in other words, strangers.
7.2. You acknowledge that the service may not be accessible, either wholly or partially, in specific regions, countries, or jurisdictions.
7.3. We are under no obligation to process any particular Payment Request. When you submit a Payment Request, you are essentially asking us to handle the Payment Request on your behalf and giving us consent to contact the Sender for these purposes. It’s important to note that when we send a Payment Request via SMS text message to a Sender on your behalf, we may use the mobile telephone number associated with your account for this purpose (meaning the Payment Request will appear as if it was sent from your mobile telephone number). We retain the discretion to decide whether or not to process the Payment Request and may also impose limits on Payment Requests. Specifically, we may, at our sole discretion, decline Payment Requests and/or suspend or terminate your account in situations where (i) you violate clause 4, or any other provision in these Terms and Conditions, (ii) we believe that the service is being used, whether by you or the Sender, to facilitate illegal, fraudulent, or Prohibited activities, (iii) legal requirements (including relevant anti-money laundering and counter-terrorism legislation) mandate us to do so, or (iv) we are unable to verify your identity or the Sender’s identity.
7.4. All Transactions resulting from a Payment Request will be handled in accordance with these Terms and Conditions, which the Sender must accept before proceeding with any Transaction.
7.5. Cancellation of Payment Requests: Once we have received your Payment Request, you are unable to cancel it. In such instances, you would need to separately contact the Sender and explain your request to treat the Payment Request as canceled. Therefore, it is crucial to ensure that your Payment Requests are legitimate, accurate, and complete.
7.6. Cancellation of Transactions: The cancellation of Transactions will be governed by and processed in line with these Terms and Conditions. You are expected to cooperate with us regarding all cancellation requests we receive from Senders after a Transaction has been initiated following your Payment Request. Upon our request, you must promptly refund to us or a third party of our choice (including the Sender) all funds you receive from Transactions if we reasonably believe that such Transactions have occurred due to your misuse of the services, in violation of these Terms and Conditions.
COLLECTION OF INFORMATION AND CONFIDENTIALITY
8.1. Customer Identification Program: Canadian federal and provincial laws mandate financial institutions to actively combat money laundering and the financing of terrorism by collecting, verifying, and recording personal identification information about all customers. Consequently, we may require you to provide us with personal identifying information related to both you and the Recipient. We may also legally consult other sources to obtain information about you and the Recipient.
8.2. Verification and Checks: To confirm your identity, we will verify your residential address and personal details. Additionally, we may share your personal information with a credit reference agency, which may maintain a record of this information. Please note that we only use this information to confirm your identity, and we do not perform credit checks, so your credit rating will remain unaffected. Similar verification procedures may be applied to Recipients. All information you provide will be handled securely and in strict accordance with applicable laws. By accepting these Terms and Conditions, you grant us the authority to conduct any inquiries we deem necessary to validate the information you provide to us. This may involve direct methods, such as requesting additional information from you or requiring you to verify ownership of your Payment Instruments or email address, as well as indirect methods, such as cross-referencing your information with third-party databases or other sources.
8.3. Data Privacy Policy: By using the service, you consent to the processing of your personal information for service-related purposes, including verification, as outlined in this clause. You also agree to allow us and our authorized third parties to communicate with you using this data. Your information may also be used for statutory, accounting, and archival purposes, in accordance with the terms of Tuma’s Privacy Policy. You acknowledge that you have reviewed and agreed to Tuma’s Privacy Policy, which can be accessed by clicking [here](insert privacy policy link).
8.4. Government Disclosures: We may be legally obliged to furnish information about you, your service usage, and your Instructions to government or other competent authorities, as detailed in our Data Privacy Policy. You acknowledge and consent to our compliance with such requirements.
8.5. Recipient Information: Tuma may, as necessary to provide the service, retain all information essential to verifying a Recipient’s identity or associated with their specific Instruction. This may include valid, unexpired identification documents from a list of acceptable documents provided by the service Provider, as well as a transaction tracking number, personal identification number (PIN), password, secret word, or similar identifiers.
8.6. Confidentiality: You commit to maintaining the confidentiality of any documents, correspondence, information, or other materials received from us, which may possess a confidential nature, whether in hard copy or electronic format. You agree not to disclose such materials without prior written consent from Tuma, unless expressly permitted within the material itself or unless mandated by applicable law or regulation.
INTELLECTUAL PROPERTY
9.1. Ownership and Intellectual Property: The Tuma website, Tuma service, their content, and all associated intellectual property, including but not limited to copyrights, patents, database rights, trademarks, and service marks, are either owned by us, our affiliates, or third parties. All rights, titles, and interests in the Tuma website and the service remain the property of us and/or such third parties.
9.2. Usage Restrictions: The Tuma website and the Tuma service may only be used for purposes allowed by these Terms and Conditions or as described on the website. You are authorized to view and retain copies of Tuma website pages for your personal use. However, you must not duplicate, publish, modify, create derivative works, participate in the transfer or sale, post on the internet, or distribute the Tuma website, Tuma service, or any part of them for public or commercial use without our explicit written consent. Additionally, you must not: (a) use automated devices like robots or scrapers to access the Tuma website or Tuma service, and/or (b) remove or alter any copyright, trademark, or other proprietary notice displayed on the Tuma website. The name “Tuma” and other marks on the Tuma website are our exclusive marks or those of third parties. Other product, service, and company names on the website may be trademarks of their respective owners, and you should not use, copy, or reproduce them in any way.
WARRANTIES AND LIABILITY
10.1 Where we have materially breached these Terms and Conditions causing a Sender loss, we will refund the Sender the Transaction Amount and the service fee.
10.2 If a Transaction is delayed or fails, or if an executed Transaction is not authorized, you may have a right to receive a refund or compensation under laws relating to the provision of international money transfer services. In the case of any unauthorized or incorrectly executed Transaction, any such right may be prejudiced if you do not notify us of the unauthorized or incorrectly executed Transaction without delay, or in any event within thirteen months after the debit date. We will provide you with the further details of your rights to a refund or compensation if you contact us using the contact details at the end of these Terms and Conditions.
10.3 Any claim for compensation made by you must be supported by any available relevant documentation.
10.4 To the maximum extent permitted by applicable law, if any loss that you suffer is not covered by a right to payment under the laws referred to in clause 10.2, and subject to the applicable law, we will only accept liability for that loss up to a limit which is the greater of: (a) the amount of any service fee and (b) CAD 299.99, unless otherwise agreed by us in writing. The cap on our liability only limits a claim for loss arising out of any single Transaction or series of related Transactions, or (if a loss does not arise out of a Transaction or related Transactions) any single act, omission or event or related acts, omissions or events. This means that if, for example, you suffer loss by reason of our failure to perform our agreement with you under two unrelated Transactions, you might be able to claim up to CAD 499.99.
10.5 Subject to applicable law, we do not, in any event, accept responsibility for:
10.5.1 any failure to perform the service (e.g. your Instruction) as a result of circumstances which could reasonably be considered to be due to abnormal and unforeseen circumstances or outside our control or due to our obligations under any applicable laws, rules or regulations;
10.5.2 malfunctions in communications facilities which cannot reasonably be considered to be under our control and that may affect the accuracy or timeliness of messages you send to us;
10.5.3 any losses or delays in transmission of messages arising out of the use of any internet or telecommunications service provider or caused by any browser or other software which is not under our control; or
10.5.4 errors on the website or with the service caused by incomplete or incorrect information provided to us by you or a third party.
10.6 To the maximum extent permitted by applicable law, the services are provided “as is” and “as available”, without any representations, conditions or warranties whatsoever. Tuma under RightQode Inc. expressly disclaims, to the fullest extent permitted by applicable law, all other representations or warranties, whether express, implied, or statutory, including, without limitation, any warranties of title, non-infringement, non-interference and/or quiet enjoyment, system integration, merchantability, fitness for a particular purpose and accuracy.
10.7 Nothing in this clause 10 shall (a) exclude or limit liability on our part for death or personal injury resulting from our negligence; or (b) exclude our liability for fraud.
10.8 Where you are sending a Transaction Amount to a Payee who is not registered with us, you agree to accept the provisions of this clause 11 not only for yourself, but also on behalf of the Payee.
10.9 Your relationship is with the applicable Tuma entity as identified in section 1.2 only. You agree that no other Tuma entity, or affiliate or agent of Tuma owes you any duty of care when performing a task which would otherwise have to be performed by the applicable Tuma entity under its agreement with you.
10.10 You understand and acknowledge that you are liable for all losses incurred in respect of an unauthorised Transaction or Instruction or any other unauthorised use of the service, where you have acted fraudulently or negligently and you agree to be responsible for and hold harmless Tuma, our subsidiaries, affiliates, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders from all loss, damage, claims, actions or demands, including reasonable legal fees, arising out of your use or misuse of the website or service, all activities that occur under your password or account e- mail login, your violation of these Terms and Conditions or any other violation of the rights of another person or party.
USE OF THE APP AND SERVICES
11.1 In consideration of you agreeing to abide by these Terms and Conditions, we grant you a non-transferable, non-exclusive licence to use the services, including without limitation, the TumaApp, subject to these Terms and Conditions, our Privacy Policy and the applicable app-store terms (incorporated into these Terms and Conditions by reference) as may be amended from time to time. We reserve all other rights.
11.2 Except as expressly set out in these Terms and Conditions or as permitted by any local law, you agree:
11.2.1 not to copy the services, including without limitation, the Tuma App (except where such copying is incidental to normal use of the services, or where it is necessary for the purpose of back-up or operational security); and
11.2.2 not to rent, lease, sub-license, loan, alter, translate, merge, adapt, vary or modify the services, including without limitation, the Tuma App.
11.3 You acknowledge that the services, including without limitation, the App have not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the services, including without limitation, the App meet your requirements.
11.4 We only supply the services, including without limitation, the App for domestic and private use. You agree not to use the services, including without limitation, the App for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. Specifically (but without limitation), we do not accept any liability for loss or damages to you or any third party resulting from any delay in us processing an Instruction or refusal by us to execute a Transaction pursuant to these Terms and Conditions.
11.5 The App is provided to you free of charge and as a result no representations, conditions, warranties or other terms of any kind are given in respect of the App, and all statutory warranties and conditions are excluded to the fullest extent possible under applicable law.
11.6 In relation to your use of the website and the App, we do not, in any event, to the extent permitted by law, accept responsibility for:
11.6.1 any failure to perform the services, or any losses or delays in the transmission of messages, due to circumstances outside our control or due to our obligations under any applicable laws, rules or regulations;
11.6.2 malfunctions in communications facilities which cannot reasonably be considered to be under our control and that may affect the accuracy or timeliness of messages we send to one another;
11.6.3 errors in the website, App or with the service caused by incomplete or incorrect information provided to us by you or a third party; or
11.6.4 any loss or damage you suffered by you as a result of you using our App on a ’jailbroken’, ‘rooted’ or otherwise modified device.
ELECTRONIC COMMUNICATIONS
12.1 You acknowledge that these Terms and Conditions shall be entered into electronically, and that the following categories of information (“Communications”) may be provided by electronic means:
12.1.1 these Terms and Conditions and any amendments, modifications or supplements to it;
12.1.2 your records (e.g. of transactions) through the service;
12.1.3 any initial, periodic or other disclosures or notices provided in connection with the service, including without limitation those required by law;
12.1.4 any customer service communications, including without limitation communications with respect to claims of error or unauthorized use of the service; and
12.1.5 any other communication related to the service or Tuma.
12.2 The service does not allow for Communications to be provided in paper format or through other non-electronic means. You may withdraw your consent to receive Communications electronically, but if you do, your use of the service shall be terminated. In order to withdraw your consent, you must contact us using our contact information at the end of these Terms and Conditions.
12.3 In order to access and retain Communications, you must have or have access to the following:
12.3.1 an internet browser that supports256 – bit such as Internet Explorer version 8.0 or above;
12.3.2 an e-mail account, e-mail software capable of interfacing with Tuma’s e-mail servers and the capability to read e-mail from Tuma, and a device and internet connection capable of supporting the foregoing; and
12.3.3 sufficient electronic storage capacity on your electronic device’s hard drive or other data storage unit; or
12.3.4 a printer that is capable of printing from your browser and e-mail software.
12.4 In addition, you must promptly update us with any change in your email address by updating your profile on the TumaApp or via website at https://www.tumaapp.com
TERMINATION
13.1. Termination by You: You may terminate these Terms and Conditions with one month’s written notice.
13.2. Termination by Us: We may terminate these Terms and Conditions with two months’ notice, except as provided in clause 13.2. We may terminate these Terms and Conditions immediately if:
13.2.1 You become or are likely to become insolvent or are declared bankrupt.
13.2.2 You breach any provision of these Terms and Conditions.
13.2.3 Your use of the service disrupts our other customers or brings us into disrepute.
13.2.4 You engage in intimidating, harassing, or threatening behavior towards Tuma or its employees.
13.2.5 You breach the security of the website/app (including but not limited to: modifying or attempting to modify any information; unauthorised log-ins, unauthorised data access or deletion; interfering with the service, system, host or network; reverse engineering of any kind; spamming; hacking; falsifying data; introducing viruses, Trojan horses, worms or other destructive or damaging programs or engines; or testing security in any way); or
13.2.6 You use the service fraudulently, illegally, or inappropriately.
COMPLAINTS
14.1 If you wish to make a complaint about any aspect of the Tuma service, please send your complaint in writing to the address shown on the Contact Us page of our website.
14.2 We will acknowledge receipt of your complaint promptly. We will investigate your complaint and come back to you with the results of our investigation as soon as feasible after the receipt of our acknowledgement of your complaint.
GENERAL
15.1. Governing Law: This Agreement is governed by Ontario law and the federal laws of Canada, with disputes subject to the jurisdiction of Ontario courts.
15.2. No Waiver: Tuma’s failure to exercise any right or provision of these Terms and Conditions does not constitute a waiver of that right or provision.
15.3. Modification: We may modify these Terms and Conditions from time to time without notice, except as required by law. You can review the most current version on the website. You will be notified of any modifications at least 30 days before they take effect, and you have the right to terminate your use of the service if you disagree with the changes.
15.4. Entire Agreement: This agreement constitutes the entire agreement between the parties and supersedes all prior agreements.
15.5. Severability: If any provision of these Terms and Conditions is found invalid, the parties agree that the arbitrator or court should try to give it a valid effect, and the remaining provisions shall remain in full force.
15.6. External Links: Any external links to third-party websites on the website are provided for your convenience. We do not control these sites and are not responsible for their content or accuracy. You access such websites at your own risk.
SECURITY
At Tuma (RightQode Inc.), we prioritize security and employ advanced security measures to ensure the safety of your information. The Tuma App service is designed to offer a secure and convenient way to send money to trusted friends, family, and individuals.
However, we strongly recommend exercising caution when sending money to individuals you don’t know well. It’s essential to be vigilant, especially when encountering deals or offers that appear too good to be true, as they could potentially be scams. If you come across any individuals or entities using our service inappropriately, please reach out to us via our contact form. Similarly, if you receive suspicious emails claiming to be from Tuma, which you suspect to be phishing attempts, please forward them to us using our contact form.
Contact Information
Questions, notices, and requests for refunds or further information should be sent to Tuma, as follows:
online at support@tumaapp.com
by post to: Tuma, attn: Customer service, Tuma, 7398 Yonge Street, Suite 1373, Thornhill ON L4J 8J2, registered with FINTRAC under no. M21515523