Terms & Conditions
Business Services Agreement applicable to business clients of Emanita Payments Limited
Emanita Payments Limited is a federally incorporated Money Services Business (MSB) registered with the Financial Transactions and Reports Analysis Centre of Canada (FINTRAC), operating from Ontario.
1. Introduction & Acceptance of Terms
1.1 Who We Are
These Terms and Conditions (the "Terms") govern the relationship between Emanita Payments Limited ("Emanita", "eMANITA", "EMANITA", "eManita", "we", "our", or "us"), a federally incorporated company with operations in Ontario, Canada, and any business entity ("Client", "you", or "your") that registers for, accesses, or uses Emanita's payment and money transfer services.
Emanita is a Money Services Business (MSB) registered with the Financial Transactions and Reports Analysis Centre of Canada (FINTRAC), operating under the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (PCMLTFA) and applicable Canadian law.
Emanita Payments Limited (Canada) is the sole contracting party for all Emanita services. Emanita's affiliate in the United Kingdom (Companies House No. 16861344), located at 124 City Road, London EC1V 2NX, operates solely as a representative of Emanita Payments Limited. The UK affiliate does not itself provide payment or money transfer services, hold Client funds, or enter into contracts with Clients. All services are provided by, and all contractual obligations are owed by, Emanita Payments Limited, and these Terms govern accordingly.
1.2 Business Clients Only
Emanita operates on a business-to-business (B2B) model exclusively. Emanita's services are available only to corporations, partnerships, limited liability companies, sole proprietors operating under a registered business name, and other legal entities. Emanita does not provide services to individuals acting in a personal capacity. The individual who accepts these Terms on behalf of a business entity represents and warrants that they have the authority to bind that entity to these Terms.
1.3 How Acceptance Occurs
A business entity accepts these Terms when any of the following occur:
- Its authorised representative registers for an Emanita account and clicks "I Agree" or an equivalent acceptance button;
- The entity uses any Emanita service, platform, or API, whether or not formal registration has been completed; or
- The entity continues to use Emanita’s services after an updated version of these Terms has been published (see Section 13).
If the authorised representative does not have authority to bind the business entity to these Terms, neither the representative nor the entity may use Emanita's services.
1.4 Minimum Eligibility Requirements
To be eligible to use Emanita's services, the business entity and its authorised representative must meet all of the following:
- The entity must be a legally registered business in Canada or a jurisdiction accepted by Emanita under its Prohibited Countries and Activities Policy;
- All individuals who will act on the entity’s behalf, including the authorised representative and ultimate beneficial owners, must be at least 18 years of age;
- The entity must not be subject to Canadian or applicable international sanctions as described in Section 7;
- The entity’s business activities must not fall within a Prohibited Business Type under Emanita’s Prohibited Countries and Activities Policy; and
- The entity must be able to complete Emanita’s identity verification and Know Your Business (KYB) process under Section 4.
2. About Emanita's Services
2.1 Services Offered
Emanita provides the following services to eligible business clients:
- Domestic money transfers: transfers of funds between accounts within Canada;
- Cross-border money transfers and remittance: international payment processing to recipient accounts in accepted jurisdictions;
- Business payment processing: facilitation of payments on behalf of business clients to their suppliers, contractors, or beneficiaries; and
- Related services as may be introduced from time to time and communicated to Clients through the Emanita platform or website.
2.2 Geographic Scope and Limitations
Emanita's services are available within Canada and to recipient jurisdictions that are not Prohibited under Emanita's Prohibited Countries and Activities Policy. Emanita cannot facilitate transactions to or from Prohibited Countries under any circumstances. Restricted Countries may be served subject to Enhanced Due Diligence requirements as set out in that Policy. The list of Prohibited and Restricted Countries is updated regularly; it is the Client's responsibility to check the current list before initiating transactions.
2.3 Service Availability
Emanita provides its services on reasonable commercial efforts basis. Services may be temporarily unavailable due to:
- Scheduled or emergency maintenance;
- Banking partner outages or network interruptions;
- Regulatory requirements, compliance holds, or directives from FINTRAC or other competent authorities; or
- Circumstances beyond Emanita’s reasonable control (see Section 9 on force majeure).
Emanita does not guarantee uninterrupted service availability and is not liable for losses arising from service interruptions except where directly caused by Emanita's own negligence or wilful misconduct.
2.4 Regulatory Compliance Conditions
All services are subject to Emanita's ongoing regulatory obligations as a FINTRAC-registered MSB. Emanita reserves the right to decline, delay, cancel, or reverse any transaction that it determines, in its sole discretion, may violate applicable law, Emanita's compliance policies, or the terms of its banking partner arrangements. Emanita is not obligated to provide reasons for such decisions to the extent that doing so would conflict with its confidentiality obligations or applicable law, including the tipping-off prohibition under PCMLTFA s.8.
3. Account Registration & Eligibility
3.1 Account Registration
To access Emanita's services, a business entity must complete Emanita's registration and onboarding process, which includes:
- Providing accurate and complete information about the business entity, including its legal name, registration number, registered address, jurisdiction of incorporation, and nature of business;
- Identifying all Ultimate Beneficial Owners (UBOs) - individuals who own or control, directly or indirectly, 25% or more of the entity - and providing identity and verification documentation for each;
- Identifying all directors, officers, and authorised signatories of the entity;
- Completing Emanita’s identity and business verification process under Section 4; and
- Agreeing to these Terms on behalf of the entity.
3.2 Accuracy of Information
The Client warrants that all information provided to Emanita at registration and throughout the business relationship is accurate, complete, and not misleading. The Client must notify Emanita promptly of any material change in its corporate structure, beneficial ownership, registered address, business activities, or any other information previously provided. Providing false or misleading information is a material breach of these Terms and may constitute an offence under Canadian law.
3.3 Account Security
The Client is responsible for maintaining the security of its Emanita account credentials, including usernames, passwords, API keys, and any two-factor authentication codes. The Client must:
- Not share account credentials with unauthorised individuals;
- Implement appropriate internal controls to prevent unauthorised access to its Emanita account; and
- Notify Emanita immediately at info@emanitaglobal.com if it suspects that its account credentials have been compromised.
Emanita is not liable for losses arising from the Client's failure to secure its account credentials, except where the breach is directly caused by Emanita's own systems failure.
3.4 One Account per Entity
Each business entity may register for one account with Emanita, unless Emanita expressly authorises multiple accounts in writing. Operating multiple accounts without Emanita's prior written consent may result in immediate account suspension.
4. Identity Verification, KYC, and Know Your Business (KYB)
4.1 Why Verification Is Legally Required
Canadian financial crime law requires all Money Services Businesses to Know their Customers (KYC) and Know their Business clients (KYB). Emanita conducts this process to comply with the law and to protect the integrity of its services. The information collected during verification is handled in accordance with Emanita's Privacy Policy.
4.2 What Verification Involves
Emanita's KYB process includes, at minimum:
| Verification Target | Information / Documents Required |
|---|---|
| Business entity | Certificate of Incorporation, Articles of Association, Certificate of Good Standing, or equivalent; entity’s registered name, address, and jurisdiction; nature of business and principal activities, and other necessary documents. |
| Ultimate Beneficial Owners (UBOs) | Full legal name, date of birth, address, and government-issued photo identification for each individual owning or controlling 25% or more of the entity. |
| Directors, officers, and authorised signatories | Full legal name and role; government-issued photo identification for signatories and, where applicable, directors. |
| Source of funds and source of wealth (where required) | Evidence of the origin of funds and wealth to be processed through Emanita, particularly for higher-risk clients or transactions above applicable thresholds. |
4.3 Ongoing Verification and Periodic Review
Verification is not a one-time process. Emanita may request updated or additional information at any time during the business relationship, including during periodic KYB reviews (at least annually for standard-risk clients, more frequently for higher-risk clients). The Client must cooperate with these requests promptly. Failure to provide requested information within a reasonable period may result in account restriction or termination.
4.4 If Verification Cannot Be Completed
If Emanita is unable to verify the identity of the business entity, its beneficial owners, or its authorised representatives to Emanita's satisfaction and in compliance with its legal obligations, Emanita will not be able to open the account or, where the issue arises after onboarding, will suspend or terminate the account. Where account suspension or termination results from a failure of verification, any funds held will be dealt with in accordance with Section 8 of these Terms.
4.5 Sanctions and Watchlist Screening
As part of the onboarding and ongoing monitoring process, Emanita screens all Clients, beneficial owners, and related parties against Canadian and applicable international sanctions lists, PEP (Politically Exposed Person) databases, and adverse media sources, in accordance with Emanita's Sanctions, PEP and Adverse Media Policy. A positive match may result in the Client's application being declined, the account being restricted or terminated, and a mandatory report being filed with FINTRAC. Emanita is prohibited by law from notifying the Client when such a report is made.
5. Sending Money: How It Works
5.1 Initiating a Transfer
To initiate a money transfer or payment, the Client must submit a complete and accurate transfer instruction through Emanita's platform or API, providing all required details including the recipient's full name and account information, the transfer amount and currency, the purpose of payment (where required by Emanita's compliance programme), and any other information Emanita requests. The Client is responsible for the accuracy of all information provided. Emanita processes transfers based solely on the instructions it receives and is not obligated to verify the accuracy of recipient details provided by the Client.
5.2 Transfer Processing and Timelines
Transfer timelines vary depending on the destination country, the receiving bank's processing times, the payment method used, and applicable compliance review requirements. Emanita may provide indicative timelines through its platform at the time of the transfer instruction, but these are estimates only and are not guaranteed. Delays may occur due to banking partner processes, correspondent institution requirements, compliance holds, or circumstances beyond Emanita's control. Emanita will communicate material delays to the Client where practicable.
5.3 Transaction Limits
Emanita applies transaction limits to Client accounts based on the Client's risk profile, verified business activities, and applicable regulatory requirements. Limits may include:
- Per-transaction limits;
- Daily, weekly, or monthly volume limits; and
- Limits on transfers to specific jurisdictions or currencies.
Applicable limits are communicated to the Client through the Emanita platform. Emanita may adjust limits at any time based on compliance requirements, risk assessment, or changes in the Client's profile, with notice provided where practicable. A Client wishing to increase its limits must contact Emanita's compliance team, which may require additional documentation.
5.4 Cancellation Rights
A transfer instruction may be cancelled by the Client before the funds have been transmitted to the recipient institution by Emanita. Once funds have been transmitted, cancellation may not be possible or may be subject to recall procedures that depend on the cooperation of the receiving institution. Emanita does not guarantee the success of a recall request. To request cancellation of a pending transfer, the Client must contact Emanita immediately with the transaction reference number. Cancellation processing times and any applicable fees will be communicated at the time of the request.
5.5 Error Correction
If the Client believes an error has occurred in the processing of a transfer - for example, an incorrect amount was debited, the wrong recipient received funds, or a transfer was duplicated - the Client must notify Emanita as soon as possible and in any event within one day of the transaction date. Emanita will investigate and respond within a reasonable timeframe. Emanita's liability for confirmed errors caused by Emanita is set out in Section 9. The Client acknowledges that errors resulting from inaccurate recipient details provided by the Client are the Client's responsibility.
5.6 Compliance Holds
Emanita may place a hold on a transfer or payment at any time where required by applicable law, regulatory obligation, or Emanita's internal compliance programme. This includes holds triggered by sanctions screening matches, suspicious transaction reviews, or instructions from FINTRAC or a competent authority. Emanita will not be liable for losses arising from a compliance hold and, where the hold is related to an ongoing investigation or regulatory matter, may be unable to provide the Client with further information about the reason for the hold.
6. Fees, Exchange Rates & Charges
6.1 Fee Disclosure
Emanita charges fees for its services. The applicable fee for each transaction is disclosed to the Client before the Client confirms the transfer instruction. By confirming a transaction, the Client accepts the fee as disclosed at that time. Fees are subject to change; changes will be communicated to Clients for existing accounts.
6.2 Exchange Rates
Where a currency conversion is required to process a transfer, Emanita applies an exchange rate that includes a margin above the interbank mid-market rate. The exact exchange rate applicable to each transaction is displayed to the Client before the transfer is confirmed and is locked in at the time of confirmation (subject to Section 6.3 below). The exchange rate displayed does not necessarily reflect the mid-market rate and includes Emanita's conversion margin, which forms part of Emanita's fee for that transaction.
6.3 Rate Lock and Expiry
A quoted exchange rate is held for the period displayed to the Client on the transaction screen. If the Client does not confirm the transaction within that period, the rate will expire and a new rate will be applied if the Client proceeds. Emanita is not responsible for adverse rate movements between the time of a quote and the time of confirmation where the Client has not confirmed within the lock period.
6.4 Third-Party Fees
In addition to Emanita's fees, third-party charges may apply that are outside Emanita's control, including:
- Fees charged by the recipient’s bank for receiving an international transfer;
- Correspondent or intermediary bank charges deducted from the transferred amount in transit; and
- Currency conversion fees applied by the recipient’s bank upon receipt.
Emanita is not responsible for third-party fees and cannot guarantee the exact amount the recipient will receive after third-party charges are applied. Where Emanita is aware that correspondent charges may reduce the received amount, it will indicate this on the transaction screen where practicable.
6.5 Refunds
Where a transfer is cancelled before funds are transmitted, Emanita will refund the principal amount less any cancellation fee, within a commercially reasonable timeframe. Refunds of currency conversion margins or fees already applied are at Emanita's discretion and will not be issued where the transaction was processed correctly in accordance with the Client's confirmed instruction.
7. Prohibited Uses
7.1 General Prohibition
The Client must not use Emanita's services for any purpose that is unlawful, in violation of these Terms, or contrary to Emanita's compliance policies. The following uses are strictly prohibited:
7.2 Prohibited Geographic Transactions
- Initiating or receiving transfers involving a Prohibited Country as defined in Emanita’s Prohibited Countries and Activities Policy;
- Routing transactions through intermediary jurisdictions to indirectly reach a Prohibited Country; and
- Using Emanita’s services to process payments involving Russian-occupied territories of Ukraine, including Crimea, Donetsk, Luhansk, Zaporizhzhia, and Kherson oblasts, regardless of the nature of the underlying transaction.
7.3 Prohibited Financial Crime-Related Uses
- Money laundering: using Emanita’s services to conceal, convert, or transfer proceeds of crime;
- Terrorist financing: processing payments intended to support, directly or indirectly, any individual, group, or activity associated with terrorism;
- Sanctions evasion: using Emanita’s services to conduct transactions with a person or entity designated under Canadian, UN, or applicable international sanctions, or to otherwise circumvent sanctions measures;
- Structuring: breaking up transactions into smaller amounts with the intent of avoiding Emanita’s reporting thresholds or FINTRAC reporting requirements under the PCMLTFA; and
- Fraud or misrepresentation: providing false information to Emanita, impersonating another business, or using Emanita’s services in connection with any fraudulent scheme.
7.4 Prohibited Business Activities
- Operating as an unlicensed Money Services Business and routing transactions through Emanita without the required FINTRAC registration or other applicable regulatory licence;
- Using Emanita’s platform as a payment processor for a business type that is prohibited under Emanita’s Prohibited Countries and Activities Policy, including but not limited to adult content, arms dealing, unregulated gambling, shell entities, and cryptocurrency privacy coins; and
- Acting as an intermediary or agent for a third party whose identity has not been disclosed to Emanita and who has not been subject to Emanita’s KYB process.
7.5 Prohibited Account Activities
- Allowing any person or entity other than the registered business entity and its authorised representatives to use the Client’s account;
- Sharing API credentials, login details, or account access with external parties without Emanita’s prior written consent;
- Attempting to gain unauthorised access to Emanita’s platform, systems, or data; and
- Circumventing any security, compliance, or access control measure implemented by Emanita.
8. Account Suspension, Restriction & Termination
8.1 Emanita's Right to Suspend or Restrict
Emanita may, at any time and without prior notice, suspend or restrict a Client's account where Emanita determines, in its reasonable discretion, that any of the following apply:
- The Client has breached, or Emanita reasonably suspects the Client of breaching, these Terms or applicable law;
- A compliance review, suspicious transaction investigation, or sanctions screening match requires the account to be paused;
- Emanita has received a direction, instruction, or request from FINTRAC, the RCMP, the CBSA, a court, or another competent authority;
- The Client has failed to provide information requested as part of a periodic KYB review or an enhanced due diligence exercise;
- Emanita’s banking partner requires Emanita to suspend the account;
- There is a material change in the Client’s risk profile, ownership structure, or business activities that requires reassessment; or
- Emanita has reason to believe that the Client’s account has been compromised or is being used without the Client’s authorisation.
8.2 Emanita's Right to Terminate
Emanita may terminate a Client's account by giving 30 days' written notice without stating a reason, except where immediate termination is required:
- For serious or repeated breaches of these Terms;
- Where required by law, a regulatory direction, or a banking partner requirement;
- Where the Client is, or becomes, associated with a Prohibited Country or Prohibited Business Type; or
- Where ongoing engagement with the Client would pose an unacceptable compliance or reputational risk to Emanita.
8.3 Client's Right to Terminate
The Client may terminate its account at any time by contacting Emanita with a written termination request from an authorised representative. Termination does not affect any obligations already incurred, including fees due for transactions completed before the termination date, or any obligations that survive termination under applicable law.
8.4 Funds in a Suspended or Terminated Account
Where an account is suspended or terminated, the following applies to any funds held:
- Compliance hold: Where funds are subject to a compliance hold, a suspicious transaction investigation, or a direction from a regulatory authority, Emanita may be legally required to retain the funds until the matter is resolved and Emanita is authorised to release them. Emanita will not be liable for losses resulting from a legally required hold.
- Non-compliance suspension: Where account suspension results from the Client’s breach of these Terms, Emanita may retain funds pending the resolution of any outstanding financial obligations, legal claims, or regulatory matters. Any excess funds will be returned to the Client’s verified source account once Emanita’s obligations in connection with the breach have been discharged.
- Standard termination: Where account termination is not related to a compliance matter or breach, any remaining balance will be returned to the Client’s verified source account within 10 business days of the termination effective date, subject to the deduction of any outstanding fees or charges.
8.5 Appeal Process
A Client whose account has been suspended for reasons other than a regulatory direction or a confirmed breach of Section 7 may submit a written appeal to Emanita within 14 days of receiving the suspension notice. Emanita will review the appeal and provide a written decision within 15 business days. During the appeal period, the suspension remains in effect. Emanita's decision on appeal is final with respect to Emanita's internal process, and does not affect the Client's right to pursue any available legal remedies.
9. Liability & Limitation of Liability
9.1 Emanita's Liability to the Client
Emanita accepts liability to the Client in the following circumstances:
- Where Emanita makes a confirmed processing error - for example, processing the wrong amount, transferring funds to the wrong recipient due to a system error (not a Client instruction error), or charging a fee that was not disclosed - Emanita will correct the error and reimburse the Client;
- Where an unauthorised transaction is processed on a Client’s account and the Client notifies Emanita within the timeframe set out in Section 5.5, Emanita will investigate and, where the transaction is confirmed to have been unauthorised and the Client was not at fault, will reimburse the Client for the transaction amount.
9.2 Limitations on Emanita's Liability
To the maximum extent permitted by applicable Canadian law, Emanita's liability to the Client is limited as follows:
- No liability for indirect or consequential losses: Emanita is not liable for any loss of profit, loss of revenue, loss of business opportunity, loss of data, reputational damage, or any other indirect, incidental, special, or consequential loss, whether or not Emanita had been advised of the possibility of such loss, arising out of or in connection with these Terms, Emanita’s services, or any transaction;
- No liability for third-party acts or delays: Emanita is not liable for delays, losses, or errors caused by banking partners, correspondent banks, payment networks, the recipient’s bank, or any other third party involved in processing a transaction;
- No liability for regulatory holds: Emanita is not liable for losses arising from the execution of a mandatory compliance hold, a regulatory direction, or a sanctions-related freeze, even where the Client is subsequently found to have been compliant;
- No liability for force majeure: Emanita is not liable for delays or failures caused by circumstances beyond its reasonable control, including natural disasters, acts of government, banking system outages, cyberattacks on infrastructure Emanita does not operate, or other events that could not reasonably have been anticipated or prevented; and
- No liability for Client errors: Emanita is not liable for losses arising from incorrect recipient details, incorrect amounts, or other inaccurate instructions provided by the Client.
9.3 Cap on Liability
Where Emanita is found to be liable to the Client under these Terms, Emanita's total aggregate liability for all claims arising out of or in connection with a single transaction or series of related transactions shall not exceed the greater of: (a) the transaction amount in question; or (b) CAD $5,000. This cap does not apply to liability that cannot be excluded or limited under applicable Canadian law, including liability for gross negligence or wilful misconduct.
9.4 B2B Context and Mutual Acknowledgement
The Client acknowledges that it is a commercially sophisticated business entity entering into these Terms in a commercial context. The limitations of liability set out in this Section 9 reflect the commercial nature of the parties' relationship, the fees charged for Emanita's services, and the allocation of risk that both parties have agreed is appropriate for a B2B payment services arrangement. Provincial consumer protection legislation (such as the Ontario Consumer Protection Act) does not apply to this B2B agreement.
10. Intellectual Property
10.1 Ownership
All intellectual property rights in Emanita's name, logo, trademarks, website, platform, documentation, software, APIs, and all content published at www.emanitaglobal.com are the exclusive property of Emanita Payments Limited or its licensors. Nothing in these Terms grants the Client any licence, right, or interest in Emanita's intellectual property.
10.2 Permitted Use
Emanita grants the Client a limited, non-exclusive, non-transferable, revocable licence to access and use Emanita's platform and API solely for the purpose of receiving Emanita's services under these Terms. This licence does not permit the Client to:
- Sub-licence, resell, or provide access to Emanita’s platform or API to any third party without Emanita’s prior written consent;
- Copy, reproduce, modify, adapt, translate, reverse-engineer, decompile, or disassemble any part of Emanita’s software, platform, or documentation;
- Use automated tools, scrapers, or bots to access, extract, or collect data from Emanita’s website or platform; or
- Use the Emanita name, logo, or branding in any marketing material, press release, or public communication without Emanita’s prior written consent.
10.3 Client Data
The Client retains ownership of the data it provides to Emanita as part of using the services. By providing data to Emanita, the Client grants Emanita a non-exclusive licence to use that data for the purpose of providing the services, complying with legal obligations, and improving Emanita's systems, in accordance with Emanita's Privacy Policy.
11. Privacy & Data Handling
11.1 Privacy Policy
The collection, use, and disclosure of personal information by Emanita in connection with the Client's use of Emanita's services is governed by Emanita's Privacy Policy. By using Emanita's services, the Client's authorised representative confirms that they have read and understood the Privacy Policy and that the personal information provided on behalf of the Client (including information about beneficial owners and directors) has been collected and shared with Emanita in accordance with applicable privacy law.
11.2 Mandatory Regulatory Disclosures
As a FINTRAC-registered MSB, Emanita is required by law to collect personal information about the Client and its associated individuals and to disclose that information to FINTRAC and, in certain circumstances, to law enforcement, in connection with its AML/CTF obligations. These disclosures are made without the Client's consent and without notifying the Client, as required by the PCMLTFA. The Client acknowledges and accepts that such disclosures are a mandatory condition of using Emanita's services and that Emanita's obligation to make them overrides any confidentiality expectation the Client may have.
11.3 Business Contact Information
Emanita may use the Client's business contact information (including the business email address of the authorised representative) to send service communications, compliance updates, account notices, and information about Emanita's services. The Client may opt out of non-essential commercial communications at any time by contacting Emanita, but cannot opt out of communications that are required for service delivery or regulatory compliance.
12. Dispute Resolution
12.1 Raise It With Us First
If the Client has a dispute, complaint, or concern relating to Emanita's services, fees, or the handling of a transaction, the Client should contact Emanita's client services team in the first instance:
Email: info@emanitaglobal.com
Complaints: info@emanitaglobal.com
Response time: Emanita will acknowledge all formal complaints within 5 business days and will aim to provide a written decision within 30 business days.
12.2 Internal Escalation
If the Client is not satisfied with the response from Emanita's client services team, the Client may request escalation to Emanita's Compliance Office. The Compliance Officer will review the matter and provide a final written decision within 30 business days of receiving the escalation.
12.3 Regulatory Bodies
Emanita is not directly regulated by the Financial Consumer Agency of Canada (FCAC) as an MSB; however, Clients may contact FINTRAC for matters relating to Emanita's compliance with the PCMLTFA. For general financial services regulation concerns, Clients may contact the relevant provincial securities or financial services regulator. Regulatory bodies do not adjudicate commercial disputes between Emanita and its clients; their role is to oversee Emanita's regulatory compliance.
12.4 Governing Law
These Terms are governed by and construed in accordance with the laws of the Province of Ontario and the applicable federal laws of Canada, without regard to Ontario's conflict of laws principles. Emanita is a federally incorporated company with its principal operations in Ontario.
12.5 Jurisdiction
The parties irrevocably submit to the exclusive jurisdiction of the courts of the Province of Ontario for the resolution of any dispute arising out of or in connection with these Terms or the parties' relationship, including any dispute concerning the existence, validity, or termination of these Terms. Nothing in this clause prevents Emanita from seeking injunctive or other equitable relief in any competent court where urgently required.
12.6 No Class Actions
To the maximum extent permitted by applicable law, each party agrees to bring any dispute against the other party in its individual capacity only and not as a plaintiff or class member in any purported class action, representative action, or consolidated proceeding. Nothing in this clause affects either party's right to bring regulatory complaints before a competent regulatory authority.
13. Changes to These Terms
13.1 Emanita's Right to Update
Emanita may update these Terms at any time, including to reflect changes in applicable law, regulatory requirements, Emanita's services, or its compliance policies. Emanita will notify Clients of material changes by:
- Publishing the updated Terms at www.emanitaglobal.com, with the updated effective date; and
- Sending written notice to the Client’s registered email address at least 7 days before the changes take effect, except where a shorter notice period is required to comply with a legal or regulatory obligation.
13.2 Acceptance of Updated Terms
If the Client continues to use Emanita's services after the updated Terms take effect, it is deemed to have accepted the updated Terms. If the Client does not accept the updated Terms, it must stop using Emanita's services and notify Emanita of its intention to terminate the account before the effective date of the changes. Termination in these circumstances will be treated as a standard termination under Section 8.3.
13.3 Material vs. Minor Changes
Minor changes (such as corrections of typographical errors, clarifications that do not alter the substance of the Terms, or updates to contact details) may be made without advance notice. Emanita will indicate the nature of any update in the Version History table in Document Control.
14. Contact Information
For any questions about these Terms, or to exercise any rights described in these Terms, please contact Emanita using the details below:
| Purpose | Contact |
|---|---|
| General enquiries and client support | info@emanitaglobal.com |
| Compliance matters (KYB, account reviews) | info@emanitaglobal.com |
| Legal and formal disputes / complaints | info@emanitaglobal.com |
| Privacy Officer (privacy requests) | info@emanitaglobal.com |
| Security incidents (compromised credentials) | info@emanitaglobal.com |
| Website | www.emanitaglobal.com |
| Registered office | 76 Lake Street, St. Catharines, Ontario L2R 5X4, Canada |
Emanita aims to acknowledge all written enquiries within 10 business days and to resolve substantive matters within 30 business days. For urgent matters - such as suspected account compromise or a disputed transaction - please mark your email "URGENT" and Emanita will prioritise your request.
Glossary
| Term | Meaning in These Terms |
|---|---|
| Authorised Representative | An individual with authority to bind the Client business entity to these Terms and to act on its behalf in connection with Emanita’s services. |
| B2B | Business-to-business. Emanita provides services only to legal entities, not to individual consumers. |
| Client | The business entity that has registered for, or is using, Emanita’s services. |
| Compliance Hold | A temporary restriction on a transaction or account applied by Emanita for compliance, regulatory, or investigation purposes. |
| FINTRAC | Financial Transactions and Reports Analysis Centre of Canada - Canada’s financial intelligence unit and AML/CTF regulator, which oversees Emanita as a registered MSB. |
| KYB | Know Your Business - Emanita’s process for verifying the identity, ownership, and business activities of a Client entity. |
| KYC | Know Your Customer - the broader process of verifying the identity of individuals associated with a Client, including beneficial owners and authorised representatives. |
| MSB | Money Services Business - a category of regulated financial services business under the PCMLTFA. Emanita is a registered MSB. |
| PCMLTFA | Proceeds of Crime (Money Laundering) and Terrorist Financing Act - the principal Canadian statute governing Emanita’s AML/CTF obligations. |
| Prohibited Countries and Activities Policy | Emanita\u2019s published policy listing the countries, industries, and client types that are ineligible for Emanita\u2019s services. See our Prohibited Countries and Activities Policy page. |
| Privacy Policy | Emanita\u2019s public-facing privacy policy, governing how Emanita collects, uses, and protects personal information. See our Privacy Policy page. |
| Tipping Off | The criminal offence under PCMLTFA s.8 of disclosing to a client that a Suspicious Transaction Report or other regulatory report has been filed. Emanita is legally prohibited from making such disclosures. |
| UBO / Ultimate Beneficial Owner | An individual who directly or indirectly owns or controls 25% or more of the Client entity, or who otherwise exercises effective control over it. |
