Introduction
Welcome to Bloome (the “Site”), owned and operated by Bloome Technology Inc., a company registered in Canada (collectively referred to as “Bloome,” “we,” “us,” or “the Company”). Please note that our services may be provided through affiliated companies depending on your location. Bloome is not a financial institution; we deliver services through our partner, a licensed and registered financial institution.
By accessing our website and utilizing the information, resources, services, and tools provided, you agree to comply with the terms outlined in this Terms of Service (the “User Agreement”) and our Privacy Policy.
This User Agreement applies to all visitors to our website at https://www.mybloome.com (the “Website”), users of our mobile application (the “Application”), and anyone who enrolls for our services (collectively referred to as “Users,” “you,” or “your”). The Website, Application, and all associated services and content are collectively known as the “Resources.”
We reserve the right to modify this User Agreement at any time without prior notice by posting an updated version on the Site. It is your responsibility to review the User Agreement periodically for any changes. Continued use of the Site following modifications constitutes acceptance of the updated terms.
1. Responsible Use and Conduct
(a) Resources:
By accessing our Website and utilizing the information, resources, services, and tools provided (collectively referred to as “Resources”), you agree to use these Resources only for their intended purposes, as permitted by this User Agreement and applicable laws.
(b) Prohibited Usage:
You acknowledge that:
- To access our Resources, you may need to provide accurate and up-to-date registration information (such as identification and contact details).
- You are responsible for maintaining the confidentiality of your login information and for all activities that occur under your account.
- Accessing our Resources through unauthorized means, including automated or unethical methods, is strictly prohibited.
- Engaging in activities that disrupt our Resources or interfere with servers and networks is not allowed.
- Copying, reproducing, selling, or reselling our Resources is prohibited.
- You are liable for any consequences resulting from unauthorized activities, which may lead to criminal or civil liability.
- While we provide open communication tools (e.g., comments, forums, social media), you are responsible for using these tools ethically. You agree not to post content that is illegal, defamatory, abusive, or infringes on others’ rights, among other restrictions.
- We reserve the right to remove any content that violates this User Agreement or is deemed offensive. We are not liable for delays in removing such content, and by posting, you consent to its removal.
(c) Eligibility:
This Agreement constitutes a contract between you and the Company. You must read and agree to these terms before using our Services. If you disagree, you may not use the Resources. You must be capable of forming a binding contract and comply with all relevant laws. You are responsible for any actions taken by others who access the Resources through your account. Access is not permitted for individuals under the “Minimum Age,” defined as the greater of (i) 13 years old or (ii) the age required by law for us to provide Services without parental consent.
(d) Accountholder Responsibilities:
You agree to:
- Use a strong, confidential password.
- Not transfer any part of your account.
- Remain responsible for all activity under your account unless you close it or report misuse.
Your account is your responsibility; however, if the Services were purchased for you by another party, they may have rights to control access and obtain usage reports, but they do not own your personal account.
You will not use the Resources to create products or services that replicate features of Bloome’s offerings.
2. Services and Payments Summary
(a) Limited License:
- Users receive a non-exclusive, limited license to use Resources for personal, noncommercial purposes.
- The Company retains all other rights and can terminate this license at any time.
(b) Type of Service, Eligibility, and Account Access:
- Each user can maintain one Account where the Available Balance is stored.
- Users must provide identification and comply with Customer Due Diligence requirements to activate Remittance Services.
- Transactions in a different currency may require currency conversion.
- The Available Balance does not earn interest, and the user must maintain sufficient funds for transactions.
- Users must be over 18 to register for Remittance Services.
- Users are liable for any transactions made with correct access codes and may not combine Accounts with other payment methods.
(c) Service Limits, Direct Debits, and Transfers:
- Transactions are subject to restrictions based on Account type and regulatory requirements.
- Users must verify payment details and may incur fees for unpaid SEPA Transfers.
- Users should provide evidence of funds as required for compliance.
(d) Use of the Remittance Services:
- Users can view transaction details at any time but must maintain a sufficient Available Balance for transactions.
- Once authorized, transactions cannot be revoked without a fee.
- Users agree to use Remittance Services for lawful purposes only and cannot transfer funds on behalf of others.
(e) Access by Third Party Providers:
- Users may allow third-party providers to access their Account for payments or information, but the Company is not liable for any resulting losses.
- Users should understand what access they grant to third-party providers and may withdraw consent as necessary.
Implications for Users:
- Users should be mindful of their personal information and transaction details.
- It is essential to understand and comply with age restrictions and identification requirements.
- Users must be proactive in managing their Accounts and verifying any external service agreements.
- Regular monitoring of account activity is crucial to prevent unauthorized access or transactions.
If you need any modifications or further breakdowns of specific sections, just let me know!
(f) Managing & Protecting Your Account
- Access Codes & PIN: You are responsible for the security of your username, password, and PIN.
- Confidentiality: Do not share your PIN or Access Codes except with authorized persons. Keep them confidential and memorize your PIN.
- Account Security: If your account information is compromised, contact the service provider immediately. Destroy your account card if it is lost or expired.
(g) Identity Verification
- Transaction Information: Provide your most recent registered address for transactions.
- Notification of Changes: Inform the provider within 7 days about changes to your contact details.
- Identity Checks: The provider reserves the right to verify your identity and address at any time to prevent fraud.
(h) Right to Cancel (“Cooling-Off”)
- Cancellation Period: You can withdraw from the agreement within 14 days without penalty, provided you notify the provider within that time and do not use the services.
- Reimbursement: Upon cancellation, any available balance will be returned, but the provider may hold it for up to 30 business days.
(i) Expiration & Redemption
- Account Expiry: Accounts have an expiry date. After expiry, you can still send and receive funds, but cannot use the account.
- Replacement Accounts: You can request a replacement account 14 days before expiry for a fee.
- Redemption Period: Funds are redeemable for up to 6 years after the agreement ends. If not claimed, the balance may be retained by the provider.
(j) Termination or Suspension of Services
- Termination Notice: The provider can terminate services with 2 months’ notice.
- Suspension of Services: Services may be suspended for reasons including fraud, legal obligations, or security concerns.
- Account Closure: If the account is inactive for 2 years, the provider may close it and transfer the available balance to your nominated bank account.
(k) Liability for Unauthorized or Incorrectly Executed Transactions
- Reimbursement for Unauthorized Transactions: You will be reimbursed for unauthorized transactions reported within 13 months, unless fraud is suspected.
- Liability for Fraud: You are liable for losses from unauthorized transactions if you fail to keep your access codes secure.
- Error in Transactions: The provider is not liable for incorrect payments if the details provided were incorrect or due to unforeseeable circumstances.
Additional Notes
- Service Location: The service is operated from the USA, and users must comply with local laws.
- California Residents: Specific contact details for reporting complaints are provided for residents of California.
Availability
- The provider may make changes to the services without prior notice.
3. Termination of Use
(a) Generally:
We may, at our discretion, suspend or terminate your access to the Resources for any reason, including breaches of this User Agreement or nonpayment of Fees. Suspicion of illegal, fraudulent, or abusive activity may lead to termination and referral to law enforcement. Upon termination, your access to the Resources will cease, and we may delete any information associated with your account.
4. Data Retention, Usage, and Privacy Policy
(a) Data Controller:
The Company is a registered Data Controller under FINTRAC registration number M20383642. We collect and process your personal data to provide services and comply with legal obligations. Parental consent is required for Account holders under 13.
(b) Privacy Policy:
Your privacy is important to us. Our separate Privacy Policy outlines how we manage your information and is incorporated into this User Agreement. To read it, click here.
(c) Data Retention:
We maintain practices to protect and manage your data, ensuring unnecessary data is discarded and subscriber data is safely retained or destroyed when no longer needed. We do not guarantee the continued storage of any content you provide.
(d) Document Destruction:
We will retain your information in accordance with the applicable retention policies, after which it may be archived or deleted at our discretion.
(e) Litigation Hold:
If we receive a subpoena or become aware of a governmental investigation or litigation, document disposal will be suspended until otherwise advised.
(f) Disclosures:
You may request copies of legally required disclosures (including this Agreement) via the contact details in Section 11.
5. Company Proprietary Rights
Except for your User Content, the Service and all related materials are the exclusive property of the Company. You may not sell, modify, distribute, or create derivative works from any Company Content.
You may submit ideas about the Service (“Ideas”). By submitting, you agree that your disclosure is unsolicited and the Company is free to use it without obligation.
The Company Property represents a limited license and is not redeemable for cash. The Company may manage, modify, or delete Company Property at its discretion, without liability to you.
6. Limitation of Liability
(a) As-Is:
By using our website, you agree that all resources are provided “as is.” The Company does not guarantee that:
- Resources will meet your needs.
- Access will be uninterrupted or free from errors.
- Information obtained will be reliable.
- Any defects will be corrected.
You assume all risks for any content downloaded and are responsible for any resulting damage.
(b) Warranties:
Use of the Service is at your own risk. It is provided without warranties of any kind. The Company does not guarantee the accuracy, reliability, or security of the Service. Any content downloaded is done at your own risk.
(c) Limitation of Liability:
To the fullest extent permitted by law, The Company is not liable for indirect or consequential damages. Liability is limited to the amount you paid to The Company or $100, whichever is greater.
(d) Indemnification:
You agree to indemnify the Company and its affiliates against any claims arising from your use of the Service, violation of this Agreement, or infringement of third-party rights.
(e) Third Party Content:
The Company is not responsible for third-party websites or resources linked to our Service. Use these at your own risk.
(f) Security:
The Company takes precautions to protect your information but cannot guarantee security against unauthorized access.
(g) No Professional Advice:
Any professional information provided is for informational purposes only and should not be construed as professional advice.
(h) Apple Store Conditions:
When using the App from Apple’s App Store, you acknowledge that the Agreement is solely between you and the Company, not Apple.
(i) Disclaimers:
The Company is not liable for issues beyond its control, including third-party provider failures or merchant disputes.
(j) Total Liability:
Our total liability is limited to replacement of the Account or repayment of the Available Balance in the case of our fault.
(k) Authorized Use:
You will not use the Services illegally and agree to indemnify the Company against claims arising from such use.
7. Intellectual Property
(a) Site Content:
All content on the site is the Company’s intellectual property and is protected by law.
(b) Your Content:
User Content remains yours but allows the Company to use it as outlined. You grant the Company a license to use, modify, and distribute your content as needed.
By using the Service, you affirm you have the necessary rights for any User Content submitted.
8. Dispute Resolution
(a) User Disputes: You are responsible for your interactions with other users. We may monitor disputes but have no obligation to do so. The Company is not liable for your interactions.
(b) Resolution Procedure: If you’re unsatisfied with our service, contact our Customer Service Team at bloomefinance@gmail.com. If unresolved, escalate to our Complaints Team via email. They will investigate and respond within 15 days, extending to 35 days if necessary. For unresolved complaints, contact the Financial Ombudsman Service or use the Online Dispute Resolution process.
(c) Arbitration: If a claim remains unresolved after following the above procedures, it will be mediated by a third-party service. If mediation fails, arbitration will be held in Surrey, British Columbia. The arbitrator will be agreed upon or appointed by the American Arbitration Association.
(d) Attorney’s Fees: If the Company enforces its rights under this agreement, it can recover costs, including reasonable attorney’s fees.
(e) Waiver of Jury Trial: Both parties waive the right to a jury trial for any claims related to this agreement. All claims will be tried without a jury.
(f) Waiver of Class Action: All claims must be brought individually, not as part of a class action or collective action.
9. Regulatory Information: The Remittance Services are not banking products and are provided by CFSB.
10. Miscellaneous Provisions
(a) Governing Law: This agreement will be governed by California law.
(b) Jurisdiction: Each party submits to the jurisdiction of the courts in Surrey, British Columbia, for any arbitration enforcement.
(c) Severability: If any provision is unenforceable, it will not affect the remaining provisions.
(d) Amendments: We may modify this agreement and will notify you of material changes.
(e) Assignment: We may assign our rights and obligations under this agreement.
(f) Waiver: Failure to enforce any provision does not waive our right to do so in the future.
(g) Business Days: Notices due on weekends or holidays extend to the next business day.
(h) Notices: Key information will be sent to your registered email. Notices via email are deemed given 24 hours after sending.
(i) Construction: This agreement shall be construed jointly by the parties.
Contact Information
For questions or comments about this User Agreement, contact us at:
- Customer Service: support@mybloome.com
Definitions
- Account: Your data account tracking your Available Balance and Transaction Data.
- Available Balance: The amount of E-money issued but not yet spent.
- Customer Funds Account: The segregated account for your Available Balance.
- Fees: The fees you pay for the Remittance Services.
- Remittance Services: Services provided under this Agreement.
