These Terms and Conditions (the “Terms”) govern your access to and use of the remittance services (the “Service”) provided through the mobile application and website at wasta.money and any related interfaces (together, the “Platform”). Wasta is a brand of Blu Pqy Inc.

These Terms and Conditions (the “Terms”) govern your access to and use of the remittance services (the “Service”) provided through the mobile application and website at wasta.money and any related interfaces (together, the “Platform”). Wasta is a brand of Blu Pqy Inc.

Please read these Terms carefully. By registering for, accessing or using the Service you agree to be bound by these Terms and by our Privacy Policy. If you do not agree, you must not use the Service.

Section 22 contains an arbitration provision and a class proceeding waiver. They affect how disputes between you and us are resolved. Please review them carefully. They do not apply where the law of your province, territory or state prohibits them, and they do not limit any right you have under the Remittance Transfer Rule if you are a sender in the United States.

1. Who You Are Contracting With

The company you contract with depends on where you are resident when you register. Each is referred to below as the “Company”, “we”, “us” or “our”.

If you are resident in	You contract with	Registration
Canada	Blu Pqy Inc., an Ontario corporation (Corporation No. 1001094591), registered office 130 Spadina Avenue, Unit 807, Toronto, Ontario, M5V 2L4, Canada	Registered with FINTRAC as a money services business, registration no. C100000664. Registration as a payment service provider with the Bank of Canada is in progress.
United States	Irvington Group, Inc., a Montana corporation doing business as “Blu Pqy Inc.”, 1001 S Main Street, STE 500, Kalispell, Montana 59901, United States	Registered with FinCEN as a money services business, registration no. 31000309133222. Licensed as a money transmitter by the State of Montana, licence no. D1558823.

Blu Pqy Inc. and Irvington Group, Inc. are affiliates under common ultimate beneficial ownership. Neither is a parent or subsidiary of the other, and neither is liable for the obligations of the other.

Availability in the United States. The Service is offered only where we are permitted to offer it. If the Service is not available in your state, we will tell you during registration and will not accept your transfer.

2. Definitions

• “Beneficiary” means the person designated by a Sender to receive funds through the Service.
• “Sender”, “you” or “your” means the person who registers for and uses the Service to initiate a transfer.
• “Payment Instruction” means an instruction you submit through the Platform to transfer funds to a Beneficiary.
• “Business Day” means a day other than a Saturday, Sunday or public holiday on which banks are open for general business in the jurisdiction in which the Company is established.
• “Corridor” means a supported combination of sending country and destination country or currency.
• “Remittance Transfer Rule” means subpart B of Regulation E, 12 CFR part 1005, issued by the Consumer Financial Protection Bureau.
• “Applicable Law” means all laws, regulations and regulatory guidance applicable to you, to the Company or to the Service. In Canada this includes the Proceeds of Crime (Money Laundering) and Terrorist Financing Act, the Retail Payment Activities Act, Canadian sanctions legislation, and applicable consumer protection and privacy legislation. In the United States this includes the Bank Secrecy Act, the Electronic Fund Transfer Act and the Remittance Transfer Rule, state money transmitter law, and sanctions administered by the Office of Foreign Assets Control.

3. Eligibility

To use the Service you must:

• be at least 18 years of age and have the legal capacity to enter into these Terms;
• be resident in Canada or in a United States state in which the Service is available, and fund transfers from a bank account or payment method held in your own name in that country;
• provide accurate, current and complete information on registration and keep it up to date;
• not be a person with whom dealings are restricted or prohibited under Applicable Law, including any person listed under Canadian sanctions legislation or under sanctions administered by the Office of Foreign Assets Control, the United Nations, the European Union or the United Kingdom; and
• use the Service only for lawful purposes and in accordance with these Terms.

We may refuse, suspend or terminate service to any person where required to comply with Applicable Law or where these Terms are breached.

4. Nature of the Service

4.1 What the Service is

We provide cross-border consumer remittance services. You fund a transfer from your bank account or payment method, we convert the funds into the destination currency, and a licensed payout partner in the destination market credits your Beneficiary. The Service is available to individual consumers only.

4.2 The Company is the regulated money services business

The Company is registered as a money services business in its jurisdiction and is the party that contracts with you. Funds you send are received into an account held in the name of the Company with a financial institution, and are transmitted onward by the Company to a licensed payout partner for disbursement to your Beneficiary. The Company is responsible for its own compliance obligations under Applicable Law.

4.3 Payout partners

Disbursement in the destination market is performed by payout partners licensed under the laws of that market. Those partners perform beneficiary verification and local disbursement, and take custody of the funds on receipt. You authorise us to route your Payment Instruction to, and to share your information with, the payout partners and financial institutions necessary to complete your transfer.

4.4 No deposit taking and no interest

We do not take deposits, do not hold funds on your behalf beyond the period required to complete your transfer, and pay no interest on any amount. Funds held with us are not insured by the Canada Deposit Insurance Corporation, the Federal Deposit Insurance Corporation, or any equivalent scheme.

5. Registration and Account Security

You must register an account to use the Service and provide accurate and complete information. You are responsible for keeping your credentials confidential and for activity under your account. Notify us immediately if you believe your account has been accessed without authorisation. We may require additional verification at any time and may suspend access pending that verification.

6. Identity Verification

As a condition of using the Service you agree to provide the information and documentation we require to meet our customer due diligence, identity verification and record keeping obligations. This may include your name, date of birth, address, government issued identification, a live image for biometric comparison, source of funds, purpose of the transfer, and information about your Beneficiary. We may re-verify this information periodically.

We may delay, decline, suspend or reverse any Payment Instruction, or hold funds, where verification cannot be completed or where we reasonably suspect a breach of these Terms or of Applicable Law.

7. Sanctions and Prohibited Persons

We screen Senders, Beneficiaries and transactions against applicable sanctions and watch lists. You represent and warrant on a continuing basis that neither you, your Beneficiary, nor any other party to a transfer is a person with whom dealings are restricted under Applicable Law.

We will not process any transfer that we determine may involve a listed person, a blocked party or a prohibited jurisdiction. We may block, reject, hold or report any such transfer as required by Applicable Law, and we may be legally prohibited from returning blocked funds or from telling you why a transfer was stopped.

Certain Corridors are subject to heightened regulatory scrutiny. Transfers in those Corridors may be subject to additional verification, delay or refusal.

8. Prohibited Uses

You must not use the Service, directly or indirectly, in connection with:

• money laundering, terrorist financing, sanctions evasion or any other financial crime;
• illegal goods or services, fraud or deception;
• any transfer involving a listed person, blocked party or prohibited jurisdiction;
• gambling where prohibited, or the purchase or sale of weapons, controlled substances or other restricted items;
• any transfer made on behalf of an undisclosed third party;
• business, commercial or trade payments, which the Service does not support; or
• any purpose that breaches these Terms or Applicable Law.

We may investigate, refuse, suspend, reverse or report any transfer and close any account where we suspect a breach of this section.

9. Payment Instructions and Limits

You are responsible for the accuracy of each Payment Instruction, including Beneficiary details. We are not responsible for loss arising from inaccurate information you provide, including funds delivered to an unintended recipient as a result of incorrect details you supplied.

Once a Payment Instruction has been submitted and processing has begun, it may not be possible to cancel or amend it, except as set out in section 13 and, for senders in the United States, in Schedule B.

We apply limits on the value and frequency of transfers. Current limits are shown in the Platform before you confirm a transfer and may be varied at any time.

10. Fees and Exchange Rates

Fees are disclosed to you before you confirm a Payment Instruction. By confirming, you accept the fees shown.

Where a currency conversion applies, the exchange rate is disclosed before you confirm and is locked at that point. The rate we apply includes a margin and will differ from the mid-market rate. You are shown the exact amount your Beneficiary will receive before you confirm.

You are responsible for any taxes or third party charges associated with a transfer, including any fee charged by the Beneficiary's own bank or wallet provider.

11. Delivery Times

Delivery times shown in the Platform are estimates and are not guaranteed, except where a date of availability is disclosed to you under the Remittance Transfer Rule. Actual delivery may vary because of verification requirements, banking hours in the destination market, Corridor conditions, third party processing and events outside our control. We are not liable for delays caused by inaccurate information you provide, by additional compliance review, by third party institutions, or by an event described in section 19.

12. Authorisation to Debit and Settle

You authorise us to collect the transfer amount plus applicable fees from the funding source you designate, and to take the steps described in section 4 to complete the transfer and the corresponding disbursement to your Beneficiary. You agree not to dispute or charge back a transfer that was properly authorised and processed in accordance with these Terms.

13. Cancellations, Refunds and Errors

Cancellations and refunds are governed by our Refund and Cancellation Policy, which forms part of these Terms and is available on the Platform. In summary:

• you may request cancellation of a transfer at any time before the funds have been made available to your Beneficiary, and we will refund the principal amount to your original funding source;
• once funds have been made available to your Beneficiary, a transfer cannot be cancelled;
• where a transfer cannot be completed for any reason, the full principal amount is returned to you; and
• if you believe an error has occurred, contact us and we will investigate.

If you are a sender in the United States, Schedule B applies and prevails over this section.

14. Beneficiaries

Your Beneficiary may be required to provide identification to the payout partner before funds are released. We and our payout partners may withhold, delay or refuse disbursement pending verification or where required by Applicable Law. We do not guarantee that a Beneficiary will claim funds made available to them.

15. Your Representations and Warranties

You represent and warrant, on a continuing basis, that all information you provide is true, accurate and complete; that you have the legal right to use the funding source and to send the relevant funds; that the funds are not derived from and will not be used for any unlawful purpose; that you are not acting on behalf of any undisclosed third party; and that your use of the Service complies with these Terms and Applicable Law.

16. Privacy and Personal Information

Your use of the Service is subject to our Privacy Policy, which describes how we collect, use, disclose and protect personal information. In Canada this is in accordance with the Personal Information Protection and Electronic Documents Act and applicable provincial privacy legislation. In the United States this is in accordance with the Gramm-Leach-Bliley Act and applicable state privacy legislation. This includes disclosure to regulators, financial institutions, payout partners and service providers where necessary to provide the Service and to comply with Applicable Law. By using the Service you consent to that processing.

17. Intellectual Property

The Platform and all associated content, trade marks and software are owned by or licensed to us. We grant you a limited, non-exclusive, non-transferable and revocable licence to use the Platform solely to access the Service. You may not copy, modify, reverse engineer or create derivative works except as permitted by law.

18. Disclaimers

To the maximum extent permitted by law, the Service is provided on an “as is” and “as available” basis without warranties of any kind, whether express, implied or statutory, including warranties of merchantability, fitness for a particular purpose and non-infringement. We do not warrant that the Service will be uninterrupted, error free or secure, or that any transfer will be completed within any particular time. Nothing in these Terms limits any warranty or right that cannot be excluded under applicable consumer protection law.

19. Force Majeure

We are not liable for any failure or delay in performance caused by events beyond our reasonable control, including acts of God, war, civil unrest, terrorism, changes in law or regulation, sanctions actions, banking or correspondent disruption, failure of a third party institution, currency controls, or unavailability of settlement infrastructure in any Corridor.

20. Limitation of Liability and Indemnity

To the maximum extent permitted by law, we will not be liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of profits, data or goodwill.

To the maximum extent permitted by law, our total aggregate liability arising out of or relating to a transfer will not exceed the greater of the fees you paid for that transfer and the principal amount of that transfer.

You agree to indemnify us and our directors, officers and employees against any claims, losses, liabilities and reasonable expenses arising out of your breach of these Terms, your breach of Applicable Law, or information you provide.

Nothing in this section limits liability for fraud, for personal injury or death caused by negligence, for any liability that cannot be limited under applicable consumer protection law, or for any remedy available to you under the Remittance Transfer Rule.

21. Complaints

If you are dissatisfied with the Service, contact us. We will acknowledge your complaint, investigate it, and provide a written response in accordance with our Complaints Handling Policy. If you are not satisfied with our response you may escalate the complaint within the Company, and you retain the right to pursue the remedies available to you under Applicable Law, including those described in Schedule A or Schedule B.

22. Dispute Resolution, Arbitration and Class Proceeding Waiver

22.1 Informal resolution

Before commencing formal proceedings you agree to contact us and to attempt in good faith to resolve the dispute informally for a period of 30 days.

22.2 Arbitration

Any dispute arising out of or relating to these Terms or the Service that is not resolved informally will be referred to and finally resolved by binding arbitration.

• Canada: under the ADR Institute of Canada Arbitration Rules, seated in Toronto, Ontario, in English.
• United States: under the Consumer Arbitration Rules of the American Arbitration Association, in the county of your residence or another mutually agreed location, in English. The Federal Arbitration Act governs the interpretation and enforcement of this provision.

Either party may bring an individual claim in small claims court instead of arbitration.

22.3 Class proceeding waiver

You and we agree that disputes will be brought only in an individual capacity and not as a plaintiff or class member in any purported class, collective or representative proceeding.

22.4 Consumer carve-out

Sections 22.2 and 22.3 do not apply, and are of no force or effect, where the consumer protection legislation of your province, territory or state prohibits mandatory arbitration or the waiver of class proceedings for consumer claims. In those circumstances the dispute may be brought before the courts of your place of residence.

Nothing in this section limits your right to file a complaint with a regulator, or your rights and remedies under the Remittance Transfer Rule if you are a sender in the United States.

23. Suspension and Termination

We may suspend or terminate your access to the Service, or refuse or reverse any transfer, where we reasonably believe it is necessary to comply with Applicable Law, to prevent loss or fraud, or where you breach these Terms. You may close your account at any time by contacting us. Provisions that by their nature should survive termination will survive.

24. Changes to the Service and these Terms

We may change the Service or these Terms. Material changes will be notified through the Platform or by other reasonable means at least 30 days before they take effect, unless a shorter period is required to comply with Applicable Law. Your continued use of the Service after the changes take effect constitutes acceptance. If you do not accept a change you may close your account.

25. Governing Law

• Canada: these Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable in that province.
• United States: these Terms are governed by the laws of the State of Montana and applicable federal law of the United States.

In each case this applies without regard to conflict of laws principles, and except where the mandatory consumer protection law of your place of residence applies.

26. General

• Entire agreement. These Terms, together with the Privacy Policy, the Refund and Cancellation Policy and the applicable Schedule, constitute the entire agreement between you and us in respect of the Service.
• Severability. If any provision is held unenforceable, the remaining provisions remain in effect.
• No waiver. Our failure to enforce any provision is not a waiver of it.
• Assignment. You may not assign these Terms without our consent. We may assign these Terms in connection with a merger, acquisition or sale of assets.
• Language. These Terms are drafted in English. Any translation is provided for convenience and the English version governs, except where applicable law provides otherwise.

Schedule A – Additional Terms for Senders in Canada

A.1 Contracting entity

Blu Pqy Inc., FINTRAC money services business registration no. C100000664.

A.2 Cancellation and refunds

You may request cancellation of a transfer at any time before the funds have been made available to your Beneficiary. Where cancellation is accepted, we refund the full principal amount and the transfer fee to your original funding source, normally within 5 Business Days.

A.3 Errors

If you believe an error has occurred, contact us within 30 days of the transfer date. We will acknowledge your report within 2 Business Days and provide a written outcome within 30 days.

A.4 Regulatory reporting

We are required to report certain transactions to FINTRAC, including suspicious transactions and electronic funds transfers of CAD 10,000 or more. These reports are made without your consent or knowledge, as required by law.

A.5 Complaints and escalation

If you remain dissatisfied after our final response, you may contact the consumer protection authority of your province or territory. For privacy complaints you may contact the Office of the Privacy Commissioner of Canada.

Schedule B – Additional Terms for Senders in the United States

This Schedule sets out rights you have under federal law. Nothing in these Terms limits or waives these rights. Where this Schedule conflicts with any other provision of these Terms, this Schedule prevails.

B.1 Contracting entity

Irvington Group, Inc., doing business as Blu Pqy Inc. FinCEN money services business registration no. 31000309133222. Montana money transmitter licence no. D1558823. The Service is available only where we are permitted to offer it.

B.2 Disclosures before you pay

Before you pay for a remittance transfer we will give you a prepayment disclosure showing the transfer amount, the exchange rate, all fees and taxes, and the amount your Beneficiary will receive. When you pay, we will give you a receipt containing that information together with the date the funds will be available to your Beneficiary, your cancellation rights, our contact details, and how to report an error or file a complaint.

B.3 Right to cancel – 30 minutes

You have the right to cancel a remittance transfer for a full refund if you request cancellation within 30 minutes of paying for the transfer, provided the funds have not already been picked up by or deposited into the account of your Beneficiary.

If you cancel within that period, we will refund the total amount you provided, including all fees and, to the extent not prohibited by law, taxes, at no additional cost to you, within three Business Days of receiving your cancellation request.

B.4 Reporting an error

If you think there has been an error, contact us using the details on your receipt. You must contact us within the period allowed under the Remittance Transfer Rule, which is generally 180 days after the disclosed date of availability. When you contact us, tell us your name and contact information, the recipient's name and, if known, their telephone number or account number, the dollar amount of the transfer, and the confirmation code or transfer number.

We will investigate and determine whether an error occurred within the period the Rule requires, generally 90 days after we receive your notice, and will tell you the results in writing. If we find an error, you may choose a refund or to have the transfer sent again at no additional cost.

B.5 Complaints to the regulator

You may contact the Consumer Financial Protection Bureau about a remittance transfer:

• Website: www.consumerfinance.gov
• Phone: 1-855-411-2372

You may also contact the state regulator that licenses us. For Montana, this is the Montana Division of Banking and Financial Institutions.

B.6 Sanctions

We screen all transfers against lists administered by the Office of Foreign Assets Control. Where a transfer involves a blocked person or jurisdiction, we are required to block or reject it, and may be prohibited by law from returning the funds or explaining the reason.

Contact

• General and support: info@blupqy.com
• Complaints: complaints@blupqy.com
• Canada: Blu Pqy Inc., 130 Spadina Avenue, Unit 807, Toronto, Ontario, M5V 2L4, Canada
• United States: Irvington Group, Inc., 1001 S Main Street, STE 500, Kalispell, Montana 59901, United States