Terms and conditions – Canada

The Terms and Conditions apply to our Products and Services. They describe the rights and obligations of you and us. This document forms a legally binding contract between you and Clearing Payments Ltd., trading as “Clearing”, when you register and use our Services. By agreeing to these terms, you consent that all Services provided will be carried out in accordance with these terms. If you have any questions, please feel free to contact us.

Clearing Payments Ltd., trading as Clearing, is a company established in the Province of Alberta. Our company registration number is 2025400447, and our registered office is Suite 3810, Bankers Hall West, 888 3rd Street SW, Calgary AB T2P 5C5.

  1. Definitions

“Authorised Representatives” means someone you designate to represent you with Clearing, such as a trusted family member, employee, or any other person appointed by you to act on your behalf.

“Business” means clients which are sole traders, corporations, freelancers, limited or public companies, partnerships.

“Business Day” means any day other than a Saturday, Sunday, or statutory holiday in Toronto, Ontario or any day on which commercial banks are open for business in Toronto, Ontario.

“Clients” and “you” means individual clients, authorised representatives (if applicable), sole traders, corporations, freelancers, limited or public companies, partnerships, micro-enterprises, and any other non-business organisation such as charity, association, etc.

“Cryptocurrency” or “Digital Asset” means any cryptographic token or virtual currency supported by Clearing from time to time, including USDT, USDC, ETH, and BTC.

“Crypto Product”: Clearing’s service that lets you buy crypto with fiat currency and cash out your crypto back to fiat when needed. We currently support popular cryptocurrencies such as USDT, USDC, ETH, and BTC.

“E-money wallet” means a digital representation of traditional currency such as Canadian dollars, issued by banks and certain Financial Services Providers, stored electronically for transactions.

“Event of Insolvency” means the Client becomes insolvent or unable to pay its debts, has a bankruptcy, winding up or administration petition against it or presented to the Court or has to convene (or has convened) a meeting for the purpose of having a liquidator appointed or has a receiver appointed over its property or proposes a form of arrangement or composition with its creditors (other than for the purposes of an amalgamation or reconstruction approved in advance in writing by Clearing) or in the case of a partnership has a bankruptcy petition presented against a partner;.

“Exchange Rate” means the rate offered by Clearing at the relevant time for the relevant currency pair (e.g., GBP to EUR, USD)

“External Wallet” means a crypto wallet that you control outside of Clearing, where you can send or receive your digital assets.

“Fiat Currency” means government-issued money, like USD, EUR, GBP, or CAD.

“Foreign Exchange” means the buying or selling of currency by exchanging one country’s currency for another for various purposes such as investment and international trade.

“Individual Client” means a natural person who is not a business.

“Network Fees” means fees charged by the blockchain (for example, Ethereum or Tron) to process a crypto transaction. These fees are not set or controlled by Clearing.

“Off-Ramping” means selling cryptocurrency through Clearing to receive fiat currency.

“On-Ramping” means buying cryptocurrency through Clearing using fiat currency.

“Speculative Purpose” means buying or selling currency solely to try to profit from exchange rate fluctuations.

“Transaction” means any activity where you buy, sell, exchange, or transfer money or crypto through Clearing.

“Wallet” means the secure transactional interface provided by Clearing, which allows you to transfer supported digital assets solely for the purpose of completing on-ramping and off-ramping transactions. A Wallet is not a custody account and is not intended for ongoing storage, investment, or speculative purposes.

  1. About these Terms and Conditions: Customer Agreement

2.1. This Customer Agreement is a contract between (“you”) and Clearing Payments Ltd., trading as Clearing (“Clearing/us/we”). It defines the terms and conditions under which we provide our Services to you (the “Agreement”). References to “you” include individual clients, sole traders, corporations, freelancers, limited or public companies, partnerships, micro-enterprises, and any other non-business organisation such as charity, association, etc.

2.2. This Agreement includes additional documents (the “Additional Documents”) that also apply to your use of our Services, such as:

(a) Our Privacy Policy, which details how we collect, use, and process your personal data

2.3. By using our Services, you confirm that you accept and agree to this Agreement. If you do not agree, you must not use our Services.

2.4. In the event of any discrepancies between this Agreement, the Additional Documents, or information provided on our website, the terms of this Agreement will take precedence.

2.5. For certain Services, you may be required to agree to additional terms and conditions, which we will communicate to you before you use that Service.

2.6. We may update this Agreement from time to time. Any changes to this Agreement will take effect as soon as the Agreement is posted on our website, or on the date notified to you.

2.7. You can always view the most current version of this Agreement on our Website.

2.8. This Agreement is governed by the laws of the Province of Alberta and the federal laws of Canada applicable therein. Any dispute between you and us in connection with the Services and/or this Agreement shall be brought in the local courts.

2.9. This Agreement is between you and us. No other person shall have any rights to enforce any of its terms, except as expressly provided in this Agreement. Neither of us will need to obtain the agreement of any other person to end or make any changes to this Agreement.

2.10. Each paragraph of this Agreement operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

2.11. Even if we postpone enforcing this Agreement, we can still enforce it later. If we delay in asking you to do certain things or take certain actions, it will not prevent us from taking steps against you at a later date.

  1. Who we are and how to contact us?

3.1. We are Clearing Payments Ltd., trading as Clearing, a company established in Province of Alberta. Our company registration number is 2025400447, and our registered office is at Suite 3810, Bankers Hall West, 888 3rd Street SW, Calgary AB T2P 5C5.

3.2. We are registered in Canada with the Financial Transactions Reports Analysis Centre of Canada (“FINTRAC”), registration number M23890418. Clearing Payments Ltd. is registered as a money service business and is able to provide Foreign Exchange dealings, Money Transfer Services and Virtual Currency.

3.3. How to contact us: You can contact us by telephoning our Customer Service team at +44 (0) 20 8154 3174, by email at support@Clearing.com, or by post to Suite 3810, Bankers Hall West, 888 3rd Street SW, Calgary AB T2P 5C5.

3.4. How we may contact you: If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us on your application form, or any contact details that you subsequently supply to us.

  1. Our Services under this Agreement

4.1 Clearing provides the following Crypto Services under these Terms:

  • Crypto On/Off-Ramping (buying crypto with fiat and selling crypto for fiat)
  • Wallet Services (facilitate the exchange of supported digital assets)
  • Crypto-Fiat Exchange (conversion of crypto into fiat and vice versa, via our liquidity partners)

These services are provided in compliance with applicable Canadian financial regulations, including FINTRAC requirements.

4.2 Crypto On/Off-Ramping

Clearing enables clients to seamlessly move between fiat and crypto:

On-Ramping: deposit fiat into your Clearing account, which is exchanged into supported crypto (e.g., USDT, USDC, ETH, BTC) at competitive rates and credited to your Clearing wallet or external wallet.

Off-Ramping: deposit crypto into your Clearing wallet, which is exchanged into fiat and credited to your Clearing account or external bank account.

4.2.1. Supported blockchains include Ethereum (ERC-20) and Tron (TRC-20).

4.2.2. Network fees and exchange rates may apply, which are outside Clearing’s control.

4.3 Wallet Services

Clearing provides a secure digital wallet functionality to facilitate the exchange of supported crypto assets solely in connection with on-ramping and off-ramping transactions. This infrastructure uses multi-party computation (MPC), multi-signature protocols, and advanced encryption to protect transaction execution.

4.3.1. Clearing-issued wallets are not custody accounts. They are provided strictly as a technical means to facilitate the movement of crypto assets to or from your external wallet or bank account during a transaction.

4.3.2. Assets may only be held in a Clearing-issued wallet for the period reasonably necessary to complete the relevant transfer. You must promptly provide the required settlement details (including valid wallet addresses and bank account details) to enable completion of your transaction.

4.3.3. Clearing-issued wallets are not intended or permitted to be used for storage, investment, or speculative purposes. Any attempt to use them for such purposes may result in refusal of service, suspension of your account, and return of assets where legally permissible.

4.3.4. Clients remain responsible for safeguarding their external wallet addresses.

4.4 Crypto-Fiat Exchange

Exchange rates are communicated at the time of transaction and may fluctuate depending on market conditions.

4.4.1. Clearing does not guarantee continuous liquidity or fixed rates.

4.4.2. Transactions are subject to monitoring and screening under applicable Compliance requirements.

4.5 Market Information and Independent Judgement

Clearing provides services on an execution-only basis. While we may share information on market conditions or blockchain operations, such information is for general reference only. Clients should make independent decisions when initiating transactions and should not treat any information provided by Clearing as investment, tax, or financial advice.

4.5.1. Clearing does not provide investment advice, portfolio management, or speculative trading services.

4.6 Availability of Crypto Services

Clearing’s Crypto Services, as described in this Agreement, are available only during business hours and business days. Services will not be available on weekends or statutory holidays.

4.6.1. Processing times may vary depending on blockchain network conditions, banking cut-off times, and third-party service providers.

  1. Onboarding Requirements

5.1. Using our Services: To start using our Services, you need to complete the application form and provide certain information as prompted by us.

5.2. Accuracy of Information: All information you give us must always be complete, accurate, and truthful. It is important to update this information whenever it changes. We cannot be held responsible for any loss arising from your failure to do so. We may ask you at any time to confirm your information’s accuracy and/or provide additional supporting documents.

5.3. Customer Due Diligence Checks: We are required by law to conduct certain security and customer due diligence checks on you in order to provide any Services to you and to allow you to have and maintain your relationship with Clearing. We may conduct enhanced due diligence on you, where appropriate, including authorised representatives, directors, shareholders, trustees, and ultimate beneficial owners for Business Clients, reserving the right to reasonably request additional information.

5.4. Information Requests: You agree to comply with any request from us for further information and provide such information in a format acceptable to us. Additionally, you agree that we may make, directly or through any third party, any enquiries we consider necessary to validate the information you provided to us.

5.5. Clearing reserves the right to close, suspend, or limit access to our Services if we are unable to obtain or verify any information related to you or your transaction.

  1. Data Protection

6.1. Please refer to our Privacy Policy for detailed information on how we collect, use, and safeguard your personal information.  for detailed information on how we collect, use, and safeguard your personal information.

6.2. We adhere to strict data protection laws and regulations and implement measures to protect personal data. We comply with PIPEDA and applicable provincial privacy laws. Personal data may be transferred outside Canada in accordance with lawful cross-border transfer mechanisms. You grant us permission to use your personal information to provide Clearing Services. We may share your data with third parties for security purposes and regulatory compliance.

  1. Complaints

7.1. If you have any complaints about us or our Services, you may contact us following our customer complaint procedure.

You can call our customer service team at +44 (0) 20 8154 3174, email us at complaints@Clearing.com, or write to us at Suite 3810, Bankers Hall West, 888 3rd Street SW, Calgary AB T2P 5C.

If you are not satisfied with our handling of your complaint, you may escalate the matter to applicable external complaint bodies or regulators such as FINTRAC or the Financial Consumer Agency of Canada, where relevant.

  1. Restrictions of Use

8.1. We have certain restrictions outlined in “Restricted Activities” that prohibit the use of Clearing’s Services for any restricted activities.

8.2. Clearing has the right to refuse a Service at its sole discretion. If we believe you are in material breach of these Terms or completing a transaction under the Services we provide would be unlawful, we may refuse it. We will notify you of our refusal whenever possible.

8.3. If Clearing believes you have violated any provision of these Terms, we may take actions such as closing, suspending, or limiting your account access, updating inaccurate information, taking legal action, terminating these Terms or your access to Clearing’s Services, fully or partially reversing a transaction, or blocking your access to your account temporarily or permanently.

8.4. You must ensure that you only submit a transaction in compliance with all applicable laws and regulations.

8.5. If you submit a transaction that does not comply with these terms, we may request additional information, cancel the transaction, and refund the amount, or take other appropriate action.

  1. Ensuring the Integrity of our Services to you

9.1 When accessing Clearing Services, you should:

(a) Change your password regularly and ensure that it is not reused for other online accounts.

(b) Never share your login details with anyone else, including the membership number, password, or other security credentials. If you suspect unauthorised access to your account, contact Customer Support. We will never ask you for your password.

(c) Always use strong passwords, such as ones that use a combination of letters, numbers, and symbols.

(d) Set up 2-step authentication if applicable.

(e) Keep your email account secure and inform Customer Support immediately if your email account is compromised.

(f) Regularly update your device’s browser to the latest version.

(g) Maintain your device’s operating systems with regular security updates provided by the operating system provider.

(h) Install and maintain the latest anti-virus software on your device, where applicable.

(i) Always ensure that when entering your Clearing username and password, it is only on our official platform via a browser at Clearing.com. Be cautious of phishing frauds and fake login portals.

(j) If you suspect you have become a victim of fraud, contact Customer Support.

9.3 If you suspect unauthorised use of your login credentials, contact Customer Support immediately.

9.4. You must provide us with any reasonable assistance we require to investigate and secure your account.

9.5. You are responsible for ensuring that your information technology, computer programs, and platform are configured to access our Services. We cannot guarantee that our Services will be free from bugs or viruses.

  1. Limits on how you can use our Services

10.1. If you are an Individual Client, you may only use our Services for personal purposes and not as a business account or for business purposes.

10.2. If you are a Business Client, you may only use our Services for business purposes.

10.3. You must not misuse our systems by:

(a) Introducing viruses, trojans, worms, logic bombs or other materials which are malicious or technologically harmful.

(b) Taking any action that imposes an unreasonable or disproportionately large load on our websites, software, systems (including any networks and servers used to provide any of the Services) operated by us or on our behalf, or attacking our website with any type of denial-of-service attack.

(c) Using an anonymising proxy; use any robot, spider, other automatic device, or manual process to monitor or copy our websites without our prior written permission; or use any device, software, or routine to bypass our robot exclusion headers.

(d) Interfering, disrupting, or attempting to interfere or to gain unauthorised access to our website, software, systems (including any networks and servers used to provide any of the Clearing Services) operated by us or on our behalf, any of the Clearing Services or other users’ use of any of the Clearing Services.

10.4.  You must not misuse our Services by:

(a) Breaching this Agreement, Additional Document, or any other agreement between you and any Clearing entity.

(b) Violating any law, statute, ordinance, or regulation (for example, those governing financial services, consumer protections, unfair competition, anti-discrimination, or false advertising).

(c) Infringing Clearing’s Intellectual Property.

(d) Acting in a manner that is defamatory, libelous, threatening or harassing.

(e) Providing false, inaccurate, or misleading information.

(f) Sending or receiving what we believe to be potentially fraudulently gained funds.

(g) Refusing to cooperate in an investigation or provide confirmation of your identity or any information requested by us.

(h) Using Clearing’s Services in a manner that results in or may result in:

  1. requests by third parties to invalidate payments made to you.
  2. fees, fines, penalties or other liability or losses to Clearing, other Clearing customers, third parties or you.

(j) Accessing the Clearing Services from a country where Clearing is not permitted to operate.

(k) Taking any action that may cause us to lose any of the services from our internet service providers, payment processors, or other suppliers or service providers.

10.5 We may suspend your relationship with Clearing or your access to our Services. We may suspend or restrict its functionality if we have reasonable concerns about:

(a) The security of your Clearing relationship or information provided.

(b) suspected unauthorised or fraudulent use of our Services;

(c)Failure to Make Payment: You fail to make any payment for a Service when due and in accordance with these terms; or

(d) suspected violations of this Agreement or the Additional Documents.

10.6 We will give you notice of any suspension or restriction and the reasons for such suspension or restriction as soon as we can, either before the suspension or restriction is put in place, or soon after, unless notifying you would be unlawful or compromise our reasonable security measures.

10.7 If we believe that any of the activities listed in this clause 10 have been taken by you, we may take several actions to protect Clearing, its customers and others, at any time and at our sole discretion. The actions we may take include, but are not limited to, the following:

(a) terminating this Agreement immediately.

(b) Terminating your access to our Services, without notice, and without penalty to us.

(c) reporting suspected breach of law, regulation, or criminal statute to the relevant law enforcement authorities, and we will cooperate with those authorities, including by disclosing your identity to them.

(d) refusing to provide our Services to you or your businesses or affiliates in the future.

(e) limiting your access to our website, software, systems (including any networks and servers used to provide any of the Clearing Services) operated by us or on our behalf, including limiting your ability to use our Services.

(f) update inaccurate information you provided us.

(g) taking legal action against you, including seeking damages and reimbursement for losses and fees.

10.8 Court Orders: If we receive a court order or any other legal process that affects you, or if we believe we are required to do so to comply with a court order, applicable law, or regulatory requirements, we may need to take certain actions. These actions could include holding payments to or from you or releasing your funds. We will use our own judgment to decide which action is necessary. Unless the court order, applicable law, regulatory requirement, or other legal process specifies otherwise, we will attempt to notify you of these actions using the contact information you have provided to us. We are not obligated to contest or appeal any court order or legal process related to your use of our Services. If we place a hold, reserve, or limitation on your account due to a court order, applicable law, regulatory requirement, or other legal process, it may remain in place for as long as reasonably necessary.

Products and Services

  1. Crypto On/Off-Ramping

11.1 The Crypto On/Off-Ramping Service enables you to buy supported cryptocurrencies using fiat currency (“On-Ramping”) or sell supported cryptocurrencies for fiat currency (“Off-Ramping”) at the rate communicated to you when you request a transaction.

11.2 We will accept On/Off-Ramping transactions in both oral and written formats, as well as through the Clearing platform.

11.2.1. Telephone: A transaction may be initiated through a verbal agreement during a telephone conversation. We will present the terms for a specific transaction, and you may verbally agree to those terms.

11.2.2. Email: A transaction may be initiated through email communication wherein we provide indicative rates for a fiat-to-crypto or crypto-to-fiat transfer. The email serves as an indication of the rates available at the time of sending and is not a formal offer to buy or sell at that rate. To formalise the transaction, your email reply becomes your formal offer to buy or sell at the specified rate. We may accept this by sending a confirmation email, at which point the contract is formed.

11.2.3. Clearing Platform: When placing a transaction through the Clearing platform, your formal acceptance is indicated by clicking the “complete” button after viewing the provided quote during transaction submission.

11.2.4. Confirmation: Upon submitting a transaction by phone, email, or via the Clearing platform, we will confirm the transaction by sending an email detailing its specifics. You must carefully review all details, particularly wallet addresses, bank details, and settlement dates, as errors may result in irreversible losses.

11.3 We are authorised to act upon transactions from you and from any individuals acting as your Authorised Representatives.

11.3.1. In order for us to accept instructions from authorised representatives, you must provide us with their details and specimen signatures (or other agreed verification method). Our obligation to accept instructions begins only after we have confirmed this in writing. We reserve the right to accept transactions from any person claiming to be you or your authorised representative if we reasonably believe the communication to be genuine.

11.4. Exchange Rates

In this Agreement, the term “exchange rate” refers to the rate offered by Clearing at the relevant time for the relevant transaction (fiat-to-crypto or crypto-to-fiat). Rates may be based on third-party liquidity providers and may differ from publicly available market rates. Rates are indicative until confirmed by Clearing.

11.5. Settlement

We may not process your transaction until we have received the corresponding fiat or crypto funds, together with any applicable fees. It is your responsibility to ensure that sufficient funds are deposited into your Clearing account or wallet in time. We are not responsible for delays caused by your bank, payment service provider, or the blockchain network.

11.6. Conversion Timing and Wallet Address Requirement

(a) Any cryptocurrency you send to Clearing for the purpose of conversion into fiat currency will be converted as soon as reasonably practicable, subject to applicable compliance checks and network conditions.

(b) Any cryptocurrency that you purchase will be sent onwards to an external wallet as soon as reasonably practicable.

(c) Clearing will not process any conversion of cryptocurrency into fiat currency without you providing fiat currency requirements and settlement details required by us.

(d) Clearing will not process any conversion of fiat into cryptocurrency without you providing onward external wallet settlement details required by us.

(e) You are solely responsible for ensuring the accuracy and compatibility of the wallet address and other settlement details you provide. Clearing will not be liable for any losses or delays resulting from incomplete, inaccurate, or invalid information.

11.7. Refusal of Transactions

We reserve the right to refuse any transaction if the conditions of this Agreement are not met. Reasons may include (but are not limited to):

  • Insufficient available funds;
  • Incorrect or incompatible wallet addresses;
  • Suspicious or prohibited activity;
  • Non-compliance with KYC/AML or sanctions requirements.

We will make every effort to notify you of any refusal, using the contact information provided to us, and stating (where possible) the reasons for such denial, and explaining how to correct any errors. However, we will not notify you if such notification may be unlawful.

11.8. Accuracy of Information

You are responsible for ensuring that all information provided when setting up a transaction (including bank details and wallet addresses) is accurate. If we process a transaction according to the details you have provided, it will be considered correctly completed, even if you made a mistake. Crypto transfers cannot be reversed once executed.

12. Wallet Services

12.1. Purpose of Wallet Service

The Wallet Service enables you to transfer supported cryptocurrencies through Clearing’s secure transactional infrastructure for the sole purpose of completing on-ramping or off-ramping transactions. As set out in Section 4.3 (Wallet Services), wallets provided by Clearing are strictly for transactional use and are not custody accounts.

12.2. Security of Wallet Infrastructure

We use multi-party computation (MPC), multi-signature protocols, and advanced encryption to protect the execution of transfers. Wallet access is subject to strict authorisation controls, and transactions cannot be executed without proper security approvals.

12.3. Use of Wallets
(a) Wallets provided by Clearing are not custody accounts and are not designed or permitted for safekeeping or ongoing storage of digital assets.
(b) Wallets are intended only as a temporary technical mechanism to facilitate transfers during an active transaction.
(c) You must promptly provide the required settlement details (including valid wallet addresses and/or bank account information) so that transfers can be completed without delay.
(d) Wallets are not intended for speculative holding, yield generation, or investment purposes.

12.4. Customer Responsibilities
You are responsible for safeguarding your login credentials and ensuring that wallet addresses you provide are accurate and compatible with supported token standards (e.g., ERC-20, TRC-20). Clearing will not be liable for losses resulting from incorrect wallet details, delays caused by missing settlement instructions, or unauthorised access due to compromised credentials.

12.5. Risks of Wallet Services
12.5.1. Technology Risk: Although Clearing employs advanced security protocols, no system is immune from cyberattacks, hacking, or technical failure.
12.5.2. Blockchain Risk: Transactions are subject to blockchain conditions and network delays beyond Clearing’s control.
12.5.3. Irreversibility: Transactions executed from a Clearing wallet to an external wallet cannot be reversed once confirmed on the blockchain.
12.5.4. Non-Custody Risk: Because Clearing wallets are for temporary transfer only and not for custody, Clearing is not responsible for any losses where assets remain untransferred due to your delay in providing settlement instructions.

13. Crypto-Fiat Exchange

13.1. The Crypto-Fiat Exchange Service enables you to convert supported cryptocurrencies into fiat currency and vice versa, at rates communicated to you at the time of transaction.

13.2. Execution of Transactions

Clearing executes conversions through its liquidity partners

Exchange rates are indicative until confirmed by Clearing and may differ from rates publicly available on other platforms.

13.3. Exchange Rates

“Exchange rate” refers to the rate offered by Clearing at the relevant time for the relevant conversion.

  • Exchange rates may fluctuate quickly depending on market conditions and liquidity.
  • Clearing does not guarantee continuous liquidity or fixed rates.

13.4. Settlement

Transactions will only be processed once sufficient fiat or crypto funds (and applicable fees) have been received into your Clearing account or wallet.

Delays may occur due to banking cut-off times, blockchain congestion, or third-party service provider issues.

13.5. Refusal of Transactions

Clearing may refuse to process a Crypto-Fiat Exchange transaction if:

  • funds are insufficient;
  • recipient information or wallet address is incorrect;
  • The transaction is deemed suspicious or non-compliant with KYC/AML/sanctions requirements.

13.6. Risks of Crypto-Fiat Exchange

13.6.1. Market Volatility: Crypto-fiat exchange rates may change rapidly, resulting in gains or losses.

13.6.2. Third-Party Dependence: Execution depends on liquidity providers; interruptions may affect transaction completion.

13.6.3. Settlement Delays: Banking and blockchain processing times may cause unexpected delays in receipt of funds.

  1. Service Fees

Details of the applicable fees for your account will be provided to you in a separate document at the time of onboarding or when you sign your agreement with us. These fees form part of your agreement with us.

  1. Intellectual Property

15.1. All software, data, materials, content, and documentation provided by Clearing and its affiliates are their exclusive property and protected by intellectual property laws.

15.2. You can only use these materials with written permission. Any unauthorised use is prohibited. Additionally, you may not use Clearing trademarks without prior written consent and may not use them in a way that implies sponsorship or endorsement by Clearing. Other trademarks and logos not owned by Clearing are the property of their respective owners and may not be used without permission.

  1. Responsibility for Loss or Damage

16.1. We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during your sign-up process.

16.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents, or subcontractors, for fraud or fraudulent misrepresentation.

16.3 We are not liable for business losses. To the extent permissible by law, if you use our Services for any commercial or business purpose we will have no liability to you for any loss of profit, loss of business, business interruption, loss of business opportunity or similar.

16.4 We are not liable for technological attacks. We will not be liable for any loss or damage caused by a virus, or other technological issues or attacks or harmful material that may infect your computer equipment, computer programme, data or other proprietary material related to your use of our Services.

16.5 We have no control over websites linked to and from our website. We assume no responsibility for such Third-Party Materials or any loss or damage that may arise from your use of them.

16.6 Our liability to you for unauthorised payments. In case of an unauthorised payment, we shall, at your request, refund the payment amount including all fees deducted by us. We may require proof that such payments were unauthorised.

16.7. We are not liable for certain losses. You are solely responsible for losses arising from your gross negligence or fraud. We also will not be liable in the following instances:

(a) If through no fault of ours, you do not have enough funds available for your Money Transfer to complete the transaction.

(b) If there is a hold or your funds are subject to legal or administrative process or other encumbrance restricting their use.

(c) If the requested transaction is unauthorised as defined in this section of this Agreement.

(d) If circumstances beyond our control (such as fire, flood, or computer or communication failure) prevent the completion of the transaction, despite reasonable precautions that we have taken.

(e) Any other exception stated in this Agreement.

16.8. We are not liable for things which are outside of our control. We (and our affiliates) cannot be liable for our inability to deliver or delay because of things which are outside our control.

16.9. You are liable if you breach this Agreement or applicable laws. In the event of loss, claims, costs, or expenses (including reasonable legal fees) arising out of your breach of this Agreement, any applicable law or regulation and/or your, or any Authorised User’s use of our Services, you agree to defend, compensate us and our affiliates, and hold us harmless. This provision will continue after our relationship ends.

16.10. If you have a dispute with a third party that you send money to or receive money from using the Services, you release Clearing from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. This means that you must take caution when dealing with third parties when using our Services.

16.11. In entering this release, you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.

16.12. The Services are provided “As-Is” “Where Is” and “Where Available” and without any representation or warranty, whether express, implied, or statutory. Clearing specifically refuses any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. We refuse all warranties with respect to the Services to the fullest extent permissible under applicable law, including the warranties of merchantability, fitness for a particular purpose, non-infringement, and title.

16.13. We will try to make sure our Services are available to you when you need them. However, we do not guarantee that our Services will always be available or be uninterrupted. We may suspend, withdraw, discontinue, or change all or any part of our Service without notice. We will not be liable to you if for any reason our Services are unavailable at any time or for any period.

  1. Changes to these Terms

17.1. We have the right to change this Agreement by providing at least two months’ notice, which will be delivered via email or through our Webpage. If you do not agree with the changes, you may terminate the Agreement immediately. However, immediate changes may be made if they are in your favor, required by law, related to the introduction of new services or functionality, or do not reduce your rights or increase your responsibilities. Changes to exchange rates can be made without notice, but we will notify you as soon as possible after such changes take place. For services deemed “payment services,” we will provide at least two months’ notice for any changes, whereas for non-payment services, we will give as much notice as possible if we are aware of such upcoming changes, particularly when they are required by law.

17.2 We may make immediate changes to this Agreement under specific circumstances, such as when the changes are more favorable to you, required by law, related to adding new services or functionality, or do not reduce your rights or increase your responsibilities. Changes to exchange rates will take effect immediately without notice, and you will not have the right to object to such changes. For changes involving “payment services,” we will provide a minimum of two months’ notice, while for non-payment services, we will give as much notice as possible when we are aware of such changes, especially those required by law.

  1. Who can use our Services?

18.1. You must be based, organised or registered in a country or territory that we support in order to use our Services.

18.2. Disputes between you and an Authorised User regarding your Clearing Account or our Services are a matter between you and the Authorised User. You acknowledge that Clearing is not a party to any claim or dispute between you and your Authorised Users. Since you are responsible for the actions of Authorised Users, it is crucial that you choose them carefully. We recommend that you regularly assess who can be an Authorised User and review the activities carried out by Authorised Users on a regular basis.

  1. Stopping your use of Clearing’s Services

19.1. You have the freedom to stop using Clearing and close your Clearing account whenever you choose. This Agreement remains in effect until your Clearing Account is terminated. You can close your Clearing account and stop using our Services at any time by following the steps outlined on our website.

19.2. If you decide to close your Clearing Account, please remember to let us know. We will give you information about any remaining balance. Before closing your account, Clearing will ask about where you want any remaining funds to go, including the option to transfer them to another third-party account.

19.3. After a request has been received to close or deactivate your Clearing Account, additional checks may be required before the funds can be returned to you.

19.4. You are not allowed to close your Clearing Account or delete your profile in order to avoid an investigation by Clearing or an enforcement agency, or if you have a pending transaction, dispute, or claim. If you try to do this, we may hold your money for a period of time that is reasonably necessary to protect our or a third party’s interest.

19.5. We may prevent your account from being closed or delete your profile if you have a negative balance, or if your Clearing Account is subject to a hold, limitation, or reserve.

When Clearing decides to terminate your relationship

19.6. We may terminate this Agreement and close your Clearing Account, or any Services associated with it by giving you two months’ prior notice, where required. Reasons for terminating your relationship may include discontinuing certain products or services.