Last version updated: July 2020
1. How to read this Agreement?
This Agreement contains 29 sections. You may go directly to any section by selecting the appropriate link provided. The headings are for reference only. Some capitalised terms have specific definitions in Section 3. Underlined words in this Agreement contain hyperlinks to further information.
For “send money” transactions, this Agreement applies individually to each transaction and is not a Framework Contract.
Where you hold a balance with us (Payment Account), this Agreement applies as a Framework Contract to your Payment Account and any payment services involving your balances.
2. Why is it important to read this Agreement?
2.1. What this Agreement covers. These are the terms and conditions on which we provide our Services to you.
2.2. Why you should read them. Please read this Agreement carefully before you start to use our Services. This Agreement (always together with the documents referred to in it) tells you who we are, how we will provide the Services to you, how this Agreement may be changed or ended, what to do if there is a problem and other important information. If you think that there is a mistake in this Agreement or require any changes, please contact us to discuss.
2.3. Other additional documents which apply to you. This Agreement refers to the following additional documents, which also apply to your use of our Services:
b) Our Cookies Policy, which sets out information about the “cookies” on our Website.
c) Our Acceptable Use Policy (Prohibited Businesses), which sets out the permitted uses and prohibited uses of our Services.
d) Our Frequently Asked Questions (“FAQ”) which provides answers to common customer questions.
e) In order to receive some of our Services, you may be asked to agree to additional terms and conditions (including those referred to in section 29) which we will notify you about at the relevant time.
2.4. Additional documents. For clarity, the additional documents and the parts of this Agreement which incorporate the additional documents are not Framework Contracts.
2.5. Future changes to this Agreement. All future changes set out in the Customer Updates section of our Website at the time you sign-up for our Services are incorporated into this Agreement.
2.6. You accept this Agreement. By visiting our Website and/or using our Services (including downloading and using our App, or via the API, or other authorised third party), you confirm that you accept and agree to this Agreement (including the Customer Updates and the additional documents referred to above). If you do not agree, please do not use our Services.
2.7. Where to get a copy of this Agreement. You can always see the most current version of this Agreement on our Website. If you want a paper copy of this Agreement, please contact Customer Support: email@example.com.
In this Agreement the following definitions are being used:
API means the application programming interface provided by HOPELAND JAMAICA LIMITED.
App means the mobile application software, the data supplied with the software and the associated media.
Balance means any amounts held in your Hopeland Account.
Business Day means a day other than a Saturday, Sunday or a public holiday when financial institutions in Jamaica are open for business.
Framework Contract means a contract for payment services which governs the future execution of individual and successive payment transactions and which may contain the obligation and conditions for setting up a payment account.
Group Company means any entity that directly or indirectly controls, is controlled by, or is under common control with another entity.
Hopeland Account means the account you have opened with us in accordance with the terms of this Agreement.
Services means all products, services, content, features, technologies or functions offered by us and all related websites, applications (including the App), and services (including the Website and API).
Source Currency means the currency which you hold and/or fund your payment order with.
Target Currency means the currency which your recipient will receive.
Website means any webpage, including but not limited to www.hla-pay.com, where we provide the Services to you.
4. Hopeland App and API
4.1. App subject to this Agreement and the Appstore Rules. We sublicense the use of the App to you on the basis of this Agreement and subject to any rules and policies applied by any appstore provider or operator whose sites are located at https://www.apple.com/legal/sla/docs/AppleStoreApp.pdf and Google Play. We do not sell the App to you. We remain the owners of the App at all times.
4.2. App updates. From time to time updates to the App may be issued through App Store or Google Play. Depending on the update, you may not be able to use our Services via the App until you have downloaded the latest version of the App and accepted any new terms.
4.3. Your right to use the App and the API. In consideration of you agreeing to abide by the terms of this Agreement, we grant you a non-transferable, non-exclusive sublicence to use the App on your device and the API subject to this Agreement. We reserve all other rights.
5. Who are we and how to contact us?
5.1. Our company information. HOPELAND JAMAICA LIMITED is a limited company incorporated under the laws of Jamaica (Companies Act) with company number 101109 (“HOPELAND”, “HLA”, ”we”, “us”, or “our” as applicable).
5.2. Our Registered office. Our registered office is 10 Hillview Road, Kingston 10, Saint Andrew, Jamaica.
5.3. We provide our services under supervision of the Bank of Jamaica. We are a Fintech company and an authorized participant of the regulated Sandbox Environment operating in partnership with a Deposit Taking Institution under the supervision of the Bank of Jamaica in accordance with the FinTech Regulatory Sandbox Guidelines 2020 for the issuing of electronic money and providing payment services.
5.4. How to contact us. You can contact us by email, web chat or telephone. Our contact details are provided on the “Contact” page of our Website.
6. Who can use our Services?
6.1. You must be 18 years or over. If you are an individual, you must be 18 years or older to use our Services and by opening a Hopeland Account you declare that you are 18 years or older. We may ask you at any time to show proof of your age.
6.2. You must have authority to bind your business. If you are not a consumer, you confirm that you have authority to bind any business or entity on whose behalf you use our Services, and that business or entity accepts these terms.
6.3. Your use of the Hopeland Account must not violate any applicable laws. You commit to us that your opening and/or using of a Hopeland Account does not violate any laws applicable to you. You take responsibility for any consequences of your breach of this section.
7. Your Hopeland Account
7.1. About your Hopeland Account:
a) Your Hopeland Account allows you to hold, send or receive electronic money/payments.
b) The electronic money held on your Hopeland Account does not expire other than when your account is closed, see section 19 for more details.
c) The electronic money held on your Hopeland Account will not earn any interest.
d) You may hold your electronic money in any currencies, which we support from time to time.
e) You may withdraw money from your Hopeland Account at any time subject to certain conditions, please see section 16 for more details.
f) Certain limits may be placed on your Hopeland Account depending on your country of residence, verification checks or other legal considerations. Please contact us if you have any questions about these limits.
g) The electronic money held on your Hopeland Account belongs to the person or legal entity, which is registered as the Hopeland Account holder.
h) Unless you have our consent in writing, you must not allow anyone to operate your Hopeland Account on your behalf.
7.2. Your electronic money in the Hopeland Account is issued in accordance with the the FinTech Regulatory Sandbox Guidelines 2020.
7.3. Your Hopeland Account is an electronic money account and is not a bank account. You acknowledge that the Deposit Insurance Act 2011 does not apply to your Hopeland Account. However, we follow the requirements under the Bank of Jamaica which are designed to ensure the safety of funds held in electronic money accounts like your Hopeland Account. For further information on how we look after your money, please visit FAQ.
8. Getting started
8.1. Open a Hopeland Account. To start using our Services, you must open a Hopeland Account and provide your details as prompted.
8.2. Information must be accurate. All information you provide to us must be complete, accurate and truthful at all times. You must update this information whenever it changes. We cannot be responsible for any financial loss arising out of your failure to do so. We may ask you at any time to confirm the accuracy of your information and/or provide additional supporting documents.
8.3. Transacting on your own account. All activities under a Hopeland Account shall be deemed as activities carried out by the registered user. You shall only use the Services to transact on your own account and not on behalf of any other person or entity.
8.4. One account per person or entity. You may only open one Hopeland Account unless we have agreed in writing the opening of additional accounts. Hopeland may refuse the creation of duplicate accounts for the same user. Where duplicate accounts are detected, Hopeland may close or merge these duplicate accounts at its sole discretion.
9. Getting to know you
9.1. We are required by law to carry out all necessary security and customer due diligence checks on you (including any parties involved in your transaction for example, your recipient) in order to provide any Services to you. You agree to comply with any request from us for further information and provide such information in a format acceptable to us. In addition, you agree that we may make, directly or through any third party, any inquiries we consider necessary to validate the information you provided to us, including checking commercial databases or credit reports. You authorise us to obtain one or more of your credit reports, from time to time, to establish, update, or renew your Hopeland Account with us or in the event of a dispute relating to this Agreement and activity under your Hopeland Account.
10. Keep your Hopeland Account safe
10.1. Keep your Hopeland Account safe:
What to do. You must:
(a) Change your password regularly and ensure that it isn’t reused across other online accounts.
(b) Contact Customer Support if anyone asks for your Hopeland password.
(c) Always follow recommended password management practice, for example: https://support.google.com/accounts/answer/32040?hl=en.
(d) Set up 2-step authentication where prompted (for further instructions please refer to our FAQ).
(e) Keep your e-mail account secure. You may reset your Hopeland Account password using your email address. Let Customer Support know immediately if your email address becomes compromised.
What NOT to do. You must NOT:
(a) Disclose your Hopeland Account password or your customer reference number (which starts with the letter P followed by a series of numbers). Keep them safe.
(b) Let anyone access your Hopeland Account or watch you accessing it.
(c) Use any functionality that allows your login details or passwords to be stored by the computer or browser you are using or to be cached or otherwise recorded.
(d) Do anything which may in any way avoid or compromise the 2-step authentication process.
10.2. Contact us if you suspect your TransferWise Account has been compromised. If you suspect your Hopeland Account or other security credentials are stolen, lost, used without your authorisation or otherwise compromised, you must contact Customer Support immediately, you are also advised to change your password. Any undue delays in notifying us may affect the security of your Hopeland Account and also result in you being responsible for financial losses.
10.3. Authorising third parties. You may authorise third parties to access your Hopeland Account to provide their services to you, including authorising them to initiate payments from your Hopeland Account. You acknowledge that if you authorise a third party to access your Hopeland Account, we may disclose certain information about your Hopeland Account to this third party. We are not responsible for any such third party’s use of your Hopeland Account or any information in your Hopeland Account. Granting permission to a third party does not relieve you of your responsibilities under this Agreement, including notifying us if your Hopeland Account has been compromised or if a transaction is incorrect or unauthorised.
11. Uploading money into your Hopeland Account
11.1. How to upload money into your Hopeland Account. To upload money, you need to log in to your Hopeland Account and follow the steps as they appear on screen. We are not responsible for the money you have uploaded until we have received them. For clarity, in an upload transaction, we are the recipient of funds and not the payment services provider.
11.2. Payin Methods. You may be presented with one or more methods of upload for example, bank transfer, credit cards or debit cards (in this Agreement, we will call these methods “Payin Methods”). The number of Payin Methods made available to you will depend on a number of factors including your verification status with us. Payin Methods are not part of our Services, they are services provided by third parties for example, the card provider which issued you with your credit/debit card. We cannot guarantee the use of any particular Payin Method and may change or stop offering a Payin Method at any time without notice to you.
11.3. Payment instrument must be in your name. Any payment instrument (for example, the credit card or debit card) you use with your chosen Payin Method must be in your name.
11.4. Chargebacks on your payment instrument. If you selected a Payin Method which gives you chargeback rights (for example in relation to your credit card, you may ask your card provider to reverse a transaction on your card), you promise that you will only exercise this chargeback right if:
(a) we have breached this Agreement; or
(b) there was an unauthorised use of your payment instrument.
You promise that you will not exercise your chargeback right for reasons which we are not responsible, including a dispute with your recipient or if there are insufficient funds in your payment instrument. If we need to investigate or take any actions in connection with a chargeback raised by you, we may charge you for our costs in doing so and may deduct such amount from your Hopeland Account.
11.5. Upload limits on your Hopeland Account. For legal and security reasons, we impose limits on how much you can upload into your Hopeland Account.
11.6. When we will credit your Hopeland Account. We will credit your Hopeland Account once we have received your money. For some Payin Methods such as credit or debit card, we will credit the money to your Hopeland Account as soon as possible subject to our right of reversal. This means if the actual amount you intended to upload does not reach us within a reasonable time, we may deduct such amount from your Hopeland Account. If you do not have enough money in your Hopeland Account for this purpose, we can demand repayment from you using other methods.
12. Sending money
12.1. Setting up your payment order. You must set up your payment order from your Hopeland Account. Your order may either be:
(a) “Fixed Source Order” which is a payment order where you indicate that you wish to send and convert a fixed amount of Source Currency to your recipient who will receive the amount in the Source Currency; or
(b) “Fixed Target Order” which is a transfer where you indicate that you wish to send and convert a fixed amount of Target Currency to your recipient from the Source Currency you pay into Hopeland. Such transaction is processed by our partner bank.
(c) “QR Payment Order” which is a payment order where you generate a unique QR code via your Hopeland App indicating a fixed amount of Source Currency you wish to pay to one of the merchants collaborating with Hopeland in exchange of goods and/or services you wish to buy from such merchant.
You can only set up a Fixed Target Order for certain Source Currencies, you can find a list of these Source Currencies on our Website.
You can only set up a QR Payment Order for merchants collaborating with us, you can find a list of the merchants that accept QR payments on our Website.
12.2. Information you need to provide to set up a payment order. To set up a payment order via your Hopeland Account, you need to provide certain information to us including (a) the full name of your recipient, (b) your recipient’s bank account details or their Hopeland Account details and (c) amount to be transferred.
12.3. Payment order limits. We may place limits on the amount you may send per transfer. For more information on the applicable limits, please visit our Website.
12.4. When is your payment order received. If your payment order is received by us after 3pm on a Business Day or not on a Business Day, your payment order will be deemed received on the following Business Day.
12.5. What happens after you have submitted your payment order. Once we have received your payment order, we will display it under the Activity/Status section of your Hopeland account. Each payment order is given a unique transaction number, which you can find there. You should quote this number when communicating with us about a particular payment order.
12.6. You need to provide us with sufficient funds before we can process your payment order. We will only process your payment order if we hold or have received sufficient cleared funds in your Hopeland Account. It is your responsibility to fund your payment order in a timely manner. We cannot be responsible for the time it takes for the money to be sent to us by your bank or payment service provider.
12.7. Verification checks may increase the time for processing your payment order. We carry out verification checks, and these checks may increase the time it takes to process your payment order. We cannot be responsible for any delays as a result of carrying out those checks.
12.8. Completion time of your payment order. The estimated completion time of your payment order is notified to you when you complete the setup of your payment order. You may also find further information about the completion time in the FAQ section of our Website. Completion time between for payment orders between the users of Hopeland Accounts is instant. Completion time for payment orders that involve third parties may take up to 48 hours.
12.9. We will use reasonable efforts to ensure funds arrive at your recipient’s account within the notified timeframe. We will use reasonable efforts to ensure that the funds arrive in the recipient’s bank account or payment account within the timelines notified to you or otherwise specified on our Website. We do not have any control over the time it may take for the recipient’s bank or payment provider to credit and make available funds to the recipient.
12.10. Refusal of your payment order. If we are unable to complete your payment order, we will let you know and, if possible, the reasons for the refusal and an explanation of how to correct any factual errors. However, we are not required to notify you if such notification would be unlawful.
12.11. You must ensure the information you provide to us is correct. You must make sure that the information you provide when setting up a payment order is accurate. If we have processed your order in accordance with the information, you have provided to us it will be considered correctly completed even if you have made a mistake.
12.12. What happens if you provide us with incorrect information? If you provide incorrect information with your payment order, we will use reasonable efforts to recover the funds for you, and may need to charge you a fee for that.
13. Exchange Rates
13.1. The applicable exchange rate. We will let you know the exchange rate:
(a) when you place your payment order, if it is a guaranteed rate payment order; or
(b) when we have received your payment, if it is a non-guaranteed rate payment order.
13.2. Exchange rate
(a) Except as specified in section 13.2(b) below, when we refer to an exchange rate in this Agreement, it means the mid-market exchange rate at the relevant time for the relevant currency pair (for example, JMD to USD) as provided by our exchange service provider,[JMMB]. We may change our exchange service provider from time to time without notice to you.
13.3. Guaranteed rates. We offer automatic guaranteed rates on certain payment orders based on the table and subject to the conditions here, which may be changed from time to time.
14. Receiving money
14.1. You can receive money into your Hopeland Account. You can receive money into your Hopeland Account using methods which we support from time to time.
14.2. The money received is shown in your Hopeland Account. Any money you receive into your Hopeland Account will be recorded in the transaction history section of your Hopeland Account. You should check the incoming funds in your Hopeland Account against your own records regularly and let us know if there are any irregularities.
14.3. The money received may be subject to reversal. You acknowledge that the money received in your Hopeland Account (“Received Amount”) may be subject to reversal and you agree that we may deduct the Received Amount from your Hopeland Account if it was reversed by the person who paid you the Received Amount or any relevant payment services provider.
14.4. Sending money using an email address or telephone number. If you send money to a person using an email address or a telephone number which is not registered with us, the money will not be credited until the intended recipient has claimed the money following the steps we have set out for them. Until then, there is no relationship between us and the intended recipient and the money continues to belong to you. We will refund the money to you if the intended recipient does not claim the money or if they have failed our customer checks within a reasonable time period as determined by us.
15. Maintaining your Hopeland Account
15.1. Transaction history is displayed on your Hopeland Account. All your transactions (including your current Balance, money you have uploaded, received, sent and/or withdrawn) are recorded in the transaction history section of your Hopeland Account. You may access this information after you log in to your Hopeland Account. We have allocated a reference number to each transaction, you should quote this reference number when communicating with us about a particular transaction.
15.2. Check your Hopeland Account regularly. You must check your Hopeland Account regularly and carefully and contact us immediately if you don’t recognise a transaction or think we have made a payment incorrectly. You must tell us about any unauthorised or incorrectly executed transactions immediately, but no later than 13 months from the transaction; otherwise you may not be entitled to have any errors corrected.
15.3. You accept the risks of holding balances in multiple currencies. You agree and accept all the risks associated with maintaining balances in multiple currencies including any risks associated with fluctuations in the relevant exchange rates over time. You agree that you will not use our Services for speculative trading.
15.4. No negative balance in your Hopeland Account. You promise to always have a zero or positive Balance in your Hopeland Account. If your Hopeland Account goes into a negative balance as a result of a chargeback, reversal of a transaction, deduction of fees or any other action carried by you, you promise to repay the negative balance immediately without any notice from us. We may send you reminders or take such other reasonable actions to recover the negative balance from you, for example, we may use a debt collection service or take further legal actions. We will charge you for any costs we may incur as a result of these additional collection efforts.
15.5. Taxes. You are responsible for any taxes which may be applicable to payments you make or receive, and it is your responsibility to collect, report and pay the correct tax to the appropriate tax authority.
16. Withdrawing from your Hopeland Account
16.1. You can request to withdraw your money. After you log in to your Hopeland Account, you may request all or part of your money held in your Hopeland Account to be withdrawn. Press “send money” and follow the steps as prompted on screen. We will charge you a fee for each withdrawal request, we will let you know the exact amount when you submit your request. You can also find out more information about the fees we charge on the Pricing page on our Website.
16.2. Payout Methods available to you. You may be presented with one or more methods of withdrawal (in this Agreement, we will call these methods “Payout Methods”). The number of Payout Methods made available to you will depend on a number of factors including your verification status with us. We cannot guarantee the use of any particular Payout Method and may change or stop offering a Payout Method at any time without notice to you, but we will ensure that you will always have at least one Payout Method available to you.
16.3. Payout Methods are not part of our Services. Payout Methods are not part of our Services, they are services provided by third parties for example the bank where you hold your bank account. For the purposes of a withdrawal transaction, we are a payer and not a payment service provider.
16.4. You must provide correct information to us. When setting up your withdrawal request, you must ensure that the information you provide is correct and complete. We will not be responsible for money sent to the wrong recipient as a result of incorrect information provided by you. If you have provided wrong information to us, you may ask us to assist you in recovering the money, but we cannot guarantee that such efforts will be successful.
16.5. Your withdrawal request is subject to limits. You agree that your Hopeland Account is subject to withdrawal limits. If your withdrawal request exceeds the current limit, we may decline your request and require you to provide additional documents to us so that we can carry out additional checks before allowing the money to be withdrawn.
17. How much will you pay?
17.1. You must pay our fees. You must pay the fees in connection with the use of our Services. We will not process your transaction until we have received the fees from you.
17.2. You can see our fee structure on the Pricing page. We will let you know the exact amount payable by you when you set up your order. You can see our fee structure on the “Pricing” page. For clarity, the fees applicable to you as set out on the “Pricing” page forms part of this Agreement which may be subject to change as set out in section 26.
17.3. We can make deductions from your Hopeland Account. You agree that we are authorised to deduct our fees, any applicable reversal amounts, and/or any amounts you owe us from your Hopeland Account. If you don’t have enough money in your Hopeland Account to cover these amounts, we may refuse to execute the relevant transaction or provide any Services to you.
18. Currency Conversion
18.1. You may convert the money held in one currency in your Hopeland Account into other currencies we support from time to time. You can only perform a conversion in respect of funds that you already hold in your Hopeland Account. A conversion fee will apply when we perform a currency conversion, for more information, see here.
19. Closing your Hopeland Account
19.1. You may close your Hopeland Account at any time. You may end this Agreement and close your Hopeland Account at any time by contacting our Customer Support.
19.2. You should withdraw your money within a reasonable time. At the time of closure, if you still have money in your Hopeland Account, you must withdraw your money within a reasonable period of time by following the steps described in section 16. After a reasonable period of time, you will no longer have access to your Hopeland Account, but you can still withdraw your money by contacting Customer Support. You have the right to do this for a period of 12 months from the date your Hopeland Account is closed.
19.3. You must not close your TransferWise Account to avoid an investigation. You must not close your Hopeland Account to avoid an investigation. If you attempt to close your Hopeland Account during an investigation, we may hold your money until the investigation is fully completed in order to protect our or a third party’s interest.
19.4. You are responsible for your Hopeland Account after closure. You agree that you will continue to be responsible for all obligations related to your Hopeland Account even after it is closed.
20. Intellectual property rights
20.1. While you are using our Services, you may use the Hopeland Materials only for your personal use and solely as necessary in relation to those Services.
20.2. “Hopeland Materials” include any software (including without limitation the App, the API, developer tools, sample source code, and code libraries), data, materials, content and printed and electronic documentation (including any specifications and integration guides) developed and provided by us or our affiliates to you, or available for download from our Website. You may not, and may not attempt to, directly or indirectly:
(a) transfer, sublicense, loan, sell, assign, lease, rent, distribute or grant rights in the Service or the Hopeland Materials to any person or entity;
(b) remove, obscure, or alter any notice of any of our trade marks, or other “intellectual property” appearing on or contained within the Services or on any Hopeland Materials;
(c) modify, copy, tamper with or otherwise create derivative works of any software included in the Hopeland Materials; or
(d) reverse engineer, disassemble, or decompile the Hopeland Materials or the Services or apply any other process or procedure to derive the source code of any software included in the Hopeland Materials or as part of the Services.
21. Our responsibility for loss or damage
We are responsible to you for foreseeable loss and damage caused by us. If we do not reasonably meet our commitments to you, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill. 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 account sign up process.
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.
We are not liable for business losses. 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, or loss of business opportunity.
We are not liable for technological attacks. We will not be liable for any loss or damage caused by a virus, or other technological attacks or harmful material that may infect your computer equipment, computer programmes, data or other proprietary material related to your use of our Services.
We have no control over websites linked to and from our Website. We assume no responsibility for their content or any loss or damage that may arise from your use of them.
Our liability to you for unauthorised payments or our mistake. In case of an unauthorised payment or mistake due to our error, we shall at your request immediately refund the payment amount including all fees deducted by us. This shall not apply:
(a) where your Hopeland Account, or its personalised security features, are lost, stolen or misappropriated. You will be liable for the first JMD5,000 of any unauthorised payments if we believe you should have been aware of the loss, theft or unauthorised use. We will not hold you liable for the first JMD5,000 if the unauthorised payment was caused either by our acts or omissions, or those of a third party expressly carrying out activities on our behalf. Your liability for the first JMD5,000 also does not apply to any unauthorised transactions made after you have notified us that your Hopeland Account may have been compromised (using the details we’ve given you);
(b) if you have acted fraudulently, in which case we will not refund you in any circumstances;
(c) if you do not quickly notify us of security issues on your Hopeland Account (e.g. loss of your password), you remain liable for losses incurred up to your notification to us;
(d) if the payment transaction was unauthorised but you have with intent or gross negligence compromised the security of your Hopeland Account or failed to comply with your obligations to use your Hopeland Account in the manner set out in this Agreement. In such a case you shall be solely liable for all losses; or
(e) if you don’t let us know about the unauthorised or incorrectly completed transaction within 13 months from the date of the payment transaction.
You are responsible for checking your Hopeland Account regularly. We rely on you to regularly check the transactions history of your Hopeland Account and to contact Customer Support immediately in case you have any questions or concerns.
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 as a result of things which are outside our control.
You are liable for breaking this Agreement or applicable laws. In the unlikely event of loss or claims or costs and expenses arising out of your breach of this Agreement, any applicable law or regulation and/or your use of our Services, you agree to compensate us and our affiliates and hold us harmless. This provision will continue after our relationship ends.
What happens if you owe us money. In the event you are liable for any amounts owed to us, we may immediately remove such amounts from your Balance (if available). If there are insufficient funds in your Balance to cover your liability, we reserve the right to collect your debt to us by using any payments received in your Hopeland Account and otherwise you agree to reimburse us through other means. We may also recover amounts you owe us through legal means, including, without limitation, through the use of a debt collection agency.
22. Our responsibility for loss or damage
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. You are responsible for making all arrangements necessary for you to have access to our Services. If you have granted permission to a third party to access your account, we may refuse access to that third party if we are concerned about unauthorised or fraudulent access by that third party. We will give you notice if we do this, either before or immediately after we refuse access, unless notifying you would be unlawful or compromise our reasonable security measures.
23. Information security
You are responsible for configuring your information technology, computer programmes and platform in order to access our Services. You should use your own virus protection software. We cannot guarantee that our Services will be free from bugs or viruses.
You must not misuse our Services. You must not misuse our Services by introducing viruses, trojans, worms, logic bombs or other materials which are malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, our servers, computers or databases. You must not attack our Website with any type of denial of service attack. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website and/or our Services will cease immediately.
24. Linking to our site
24.1. You may link to our Website provided you follow certain rules. You may link to our Website, provided:
(a) you do so in a way that is fair and legal and does not damage our reputation or take advantage of it;
(b) you do not suggest any form of association, approval or endorsement on our part where none exists;
(c) you do not frame our Website on any other site; and
(d) the website complies with our [LINK to: Acceptable Use Policy].
We reserve the right to withdraw linking permission without notice.
25. When we can end this Agreement or suspend our Services
25.1. We may end this Agreement by giving you one (1) months’ notice. We may end this Agreement and close your Hopeland Account or any service associated with it by giving you one (1) months’ prior notice.
25.2. We may suspend or close your Hopeland Account without notice in certain circumstances. We may at any time suspend or close your Hopeland Account and/or end this Agreement without notice if:
a. you breach any provision of this Agreement or documents referred to in this Agreement;
b. we are requested or directed to do so by any competent court of law, government authority, public agency, or law enforcement agency;
c. we have reason to believe you are in breach of any applicable law or regulation; or
d. we have reason to believe you are involved in any fraudulent activity, money laundering, terrorism financing or other criminal or illegal activity.
25.3. We may suspend your Hopeland Account for security reasons. We may suspend your Hopeland Account or restrict its functionality if we have reasonable concerns about:
a. the security of your Hopeland Account; or
b. suspected unauthorised or fraudulent use of your Hopeland Account.
25.4. We will give you notice of suspension where possible. 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 immediately after, unless notifying you would be unlawful or compromise our reasonable security measures. We will lift the suspension and/or the restriction as soon as practicable after the reasons for the suspension and/or restriction have ceased to exist.
25.5. You cannot use the App if this Agreement ends. On termination for any reason all rights granted to you in connection with the App shall cease, you must immediately delete or remove the App from your devices.
26. Our right to make changes
26.1. We may change this Agreement by giving you at least one (1) months’ prior written notice. If we do this, you can terminate this Agreement immediately by providing written notice to us during the notice period. If we do not hear from you during the notice period, you will be considered as having accepted the proposed changes and they will apply to you from the effective date specified on the notice.
26.2. In some instances, we may change this Agreement immediately. Despite section 26.1, changes to this Agreement which are (1) more favourable to you; (2) required by law; or (3) related to the addition of a new service, extra functionality to the existing Service; or (4) changes which neither reduce your rights nor increase your responsibilities, will come into effect immediately if they are stated in the change notice. Changes to exchange rates shall come into effect immediately without notice and you shall not have the right to object to such a change.
27. The ways how we may contact you
27.1. We usually contact you via email. For this purpose, you must at all times maintain at least one valid email address in your Hopeland Account profile. You should check for incoming messages regularly and frequently, these emails may contain links to further communication on our Website. If you don’t maintain or check your email and other methods of communications, you will miss emails about your transactions and our Services. We cannot be liable for any consequence or loss if you don’t do this. If we have reasonable concerns either about the security of your Hopeland Account, or any suspected or actual fraudulent use of your Hopeland Account, we will contact you via telephone, email, or both (unless contacting you would be unlawful or compromise our reasonable security measures).
27.2. Other ways we may contact you. In addition to communicating via email, we may contact you via letter or telephone where appropriate. If you use any mobile services, we may also communicate with you via SMS. Any communications or notices sent by:
Email will be deemed received by you on the same day if it is received in your email inbox before 5pm on a Business Day. If it is received in your email inbox after 5pm on a Business Day or at any other time, it will be deemed received on the next Business Day.
Post will be deemed received three days from the date of posting for Jamaica Post post or within five days of posting for international post.
SMS will be deemed received the same day.
27.3. Where legislation requires us to provide information to you on a durable medium, we will either send you an email (with or without attachment) or send you a notification pointing you to information on our Website in a way that enables you to retain the information in print format or other format that can be retained by you permanently for future reference. Do keep copies of all communications we send or make available to you.
27.4. If you need a copy of the current Agreement or any other relevant document, please contact Customer Support.
27.5. This Agreement is made in the English language. Documents or communications in any other languages are for your convenience and only the English language version of them are official.
28. Customer Complaints
28.1. If you have any complaints about us or our Services, you may contact us following our [LINK to customer complaint procedure on Website].
29. Other important terms
29.1. Nobody else has any rights under this Agreement. This Agreement is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end or make any changes to this Agreement.
29.2. We may transfer this Agreement to someone else. You may not transfer, assign, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any or all of your rights and obligations under this Agreement (including the Hopeland Account) without our prior written consent. We reserve the right to transfer, assign or novate this Agreement (including the Hopeland Account) or any right or obligation under this Agreement at any time without your consent. This does not affect your rights to close your Hopeland Account under section 19.
29.3. If a court finds part of this Agreement illegal, the rest will continue in force. Each of the paragraphs of this Agreement operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
29.4. Even if we delay in enforcing this Agreement, we can still enforce it later. If we delay in asking you to do certain things or in taking action, it will not prevent us taking steps against you at a later date.
29.5. This Agreement supersedes any other previous agreements. This Agreement supersedes and extinguishes all previous agreements between you and Hopeland, whether written or oral, relating to its subject matter.
29.6. Which laws apply to this Agreement and where you may bring legal proceedings. This Agreement is governed by the laws of Jamaica.. Any dispute between you and us in connection with your Hopeland Account and/or this Agreement may be brought to the exclusive jurisdiction of the courts of Jamaica.