Canada Mobile Payments Digital Wallet user Agreement
This Canada Mobile Payments Digital Wallet User Agreement (“Agreement”) is a legal agreement between you (“you,” “your”) and Canada Mobile Payments, Inc. (“Canada Mobile Payments,” “we,” “our” or “us”) governing your use of the Canada Mobile Payments Digital Wallet service (“Canada Mobile Payments Digital Wallet”). Please read this Agreement carefully. This Agreement is divided into two parts. Part One explains all of the terms that govern your use of Canada Mobile Payments Digital Wallet. Part Two contains additional legal terms, including provisions that limit our liability to you and require individual arbitration for any potential legal dispute. To use Canada Mobile Payments Digital Wallet, you must accept all of the terms of this Agreement.
PART ONE: TERMS GOVERNING — USE OF THE SERVICE
- Canada Mobile Payments Digital Wallet Account Registration.
Canada Mobile Payments Digital Wallet allows you to make credit or debit card purchases from certain merchants that use Canada Mobile Payments payment processing services (“Merchants”). To use Canada Mobile Payments Digital Wallet, you must open an account with Canada Mobile Payments (“Canada Mobile Payments Digital Wallet Account”) and associate a valid credit or debit card (a “Card”) with that Canada Mobile Payments Digital Wallet Account. Our registration process will ask you for information including your name and other personal information. You must provide accurate and complete information in response to our questions. You must also keep the information that you provide up-to-date. We reserve the right to suspend or terminate the Canada Mobile Payments Digital Wallet Account of any user who provides inaccurate, untrue, or incomplete information, or who fails to comply with the account registration requirements.
By associating a Card with your Canada Mobile Payments Digital Wallet Account, you consent to Canada Mobile Payments temporarily authorizing a charge on that Card as part of our verification process. (You will not be required to pay this charge, and it will disappear from your statement within a few days.)
- Accepted Cards.
Canada Mobile Payments Digital Wallet allows you to make payments, including card-based payments initiated with cards bearing the trademarks of MasterCard International Inc. and Visa Inc. (collectively, the “Networks”). We are not a bank, and we do not offer banking services as defined by the Canadian government, United States Department of Treasury, or the Bank of Canada. We also do not offer money service business (“MSB”) services as defined by the Government of Canada, or United States Department of Treasury. You can associate with your Canada Mobile Payments Digital Wallet Account any US-issued and most non-US issued credit, debit, pre-paid, or gift cards with a Visa, MasterCard, American Express, or Discover logo. We can update at any time the list of card types that you may associate with a Canada Mobile Payments Digital Wallet Account. You may not associate HSA cards (Health Savings Account) with your Canada Mobile Payments Digital Wallet Account, even if they have a Visa, MasterCard, American Express, or Discover logo on them.
- Your Authorization.
By associating a Card with your Canada Mobile Payments Digital Wallet Account, opening a tab with a Merchant within the Canada Mobile Payments Digital Wallet application, and verbally confirming your intention to make a purchase, you authorize a charge to your Card as necessary to complete the purchase. In the event you are entitled to a reversal, refund, chargeback, or other adjustment associated with a purchase you made through Canada Mobile Payments Digital Wallet, you also authorize a credit to your Card to accomplish that transaction.
Purchases you authorize through Canada Mobile Payments Digital Wallet may also be subject to terms and conditions set forth by the Networks and/or the entities that issue your Card. You are responsible for complying with those terms and conditions, and you are responsible for charges and related fees imposed by those terms and conditions.
The Canada Mobile Payments Digital Wallet software is part of Canada Mobile Payments Digital Wallet. Among other things, the software enables you to access and use Canada Mobile Payments Digital Wallet. When you install the software, you will be asked to create your user profile and to establish a Canada Mobile Payments Digital Wallet Account. You must complete this and other processes in order to make payments through Canada Mobile Payments Digital Wallet. You must install any and all software updates to continue to use Canada Mobile Payments Digital Wallet.
- Compatible Mobile Devices and Third Party Carriers.
Your Canada Mobile Payments Digital Wallet Account permits you to make payment card transactions on a compatible mobile device. Devices modified contrary to the manufacturer’s software or hardware guidelines, including but not limited to disabling hardware or software controls—sometimes referred to as “jailbreaking”—are not compatible mobile devices. You acknowledge that the use of a modified device to use Canada Mobile Payments Digital Wallet is expressly prohibited, constitutes a violation of the terms of this agreement, and is grounds for termination of your Canada Mobile Payments Account. Canada Mobile Payments does not warrant that Canada Mobile Payments Digital Wallet will be compatible with your mobile device or third party carrier.
Your use of Canada Mobile Payments Digital Wallet may be subject to the terms of your agreements with your mobile device manufacturer and your carrier. Service is currently available on: Rogers, TELUS, Wind, Bell, AT&T, T-Mobile®, Sprint, Nextel, Virgin Mobile, Verizon Wireless, Alltel.
- Your Canada Mobile Payments Digital Wallet Account.
By creating a Canada Mobile Payments Digital Wallet Account, you confirm that you are either a legal resident of Canada, a Canadian citizen, or a business entity authorized to conduct business by the province in which it operates. Canada Mobile Payments Digital Wallet and your Canada Mobile Payments Digital Wallet Account may only be used in the provinces of Canada. You may not export Canada Mobile Payments Digital Wallet directly or indirectly, and you acknowledge that Canada Mobile Payments Digital Wallet may be subject to export restrictions imposed by Canadian or US law, including US Export Administration Regulations (15 C.F.R. Chapter VII).
By creating a Canada Mobile Payments Digital Wallet Account, you also confirm that you will not make payments in connection with the following businesses or business activities: (1) any illegal activity, (2) buyers or membership clubs, (3) credit counselling or repair agencies, (4) credit protection or identity theft protection services, (5) direct marketing or subscription offers or services, (6) infomercial sales, (7) internet/mail order/telephone order pharmacies or pharmacy referral services (where fulfillment of medication is performed with an internet or telephone consultation, absent a physical visit with a physician including re-importation of pharmaceuticals from foreign countries), (8) multi-level marketing businesses, (9) inbound or outbound telemarketers, (10) prepaid phone cards or phone services, (11) rebate based businesses, (12) up-sell merchants, (13) bill payment services, (14) betting, including lottery tickets, casino gaming chips, off-track betting, and wagers at races, (15) financial institutions offering manual or automated cash disbursements, (16) financial institutions offering merchandise and services, (17) sales of money-orders or foreign currency by non-financial institutions, (18) wire transfer money orders, (19) high-risk merchants, including telemarketing merchants, (20) service station merchants, (21) automated fuel dispensers, (22) adult entertainment oriented products or services (in any medium, e.g., internet, telephone or printed material), (23) internet/mail order/telephone order firearm or weapon sales, (24) internet/mail order/telephone order cigarette or tobacco sales, (25) drug paraphernalia, (26) occult materials, (27) hate products, (28) escort services, and (29) bankruptcy attorneys.
Merchants accepting Canada Mobile Payments may choose to offer loyalty programs to reward their customers. These loyalty programs may be linked to your Canada Mobile Payments Digital Wallet Account. Any such loyalty programs and the rewards associated with them are offered by the Merchant alone (and not by Canada Mobile Payments). Should you have questions about any Merchant loyalty program, please ask the Merchant for more information about the program, including any applicable terms and conditions. Rewards associated with Merchant loyalty programs have no cash value, and Merchant may choose to discontinue its loyalty program(s) at any time.
- Restricted Use.
You may use Canada Mobile Payments Digital Wallet only to the extent that you obey all laws, rules, and regulations applicable to your use of Canada Mobile Payments Digital Wallet.
- Unauthorized or Illegal Use.
We may decide not to process a transaction if we believe that the transaction is in violation of any Canada Mobile Payments agreement, or exposes you, other Canada Mobile Payments users, our partners, or Canada Mobile Payments to harm. Harm includes fraud and other criminal acts. If we reasonably suspect that your Canada Mobile Payments Digital Wallet Account has been used for an unauthorized, illegal, or criminal purpose, you give us express authorization to share information about you, your Canada Mobile Payments Digital Wallet Account, and any of your transactions with law enforcement.
- Canada Mobile Payments Digital Wallet Purchase Information.
By using Canada Mobile Payments Digital Wallet, you give Canada Mobile Payments permission to share with Merchants information regarding your Canada Mobile Payments Digital Wallet purchases. You also give us permission to import into your Canada Mobile Payments Digital Wallet Account and to share with Merchants information about purchases you have made using your Card and any of Canada Mobile Payments products or services.
- Your Privacy.
- Customer Service.
You understand and agree that Canada Mobile Payments is not responsible for the goods and services that you purchase using Canada Mobile Payments Digital Wallet. The Merchants, and not Canada Mobile Payments, provide those goods and services. The Merchant, and not Canada Mobile Payments, is responsible for customer service related to those goods and services, including order fulfillment, order cancellation, returns, refunds and adjustments, rebates, functionality and warranty, technical support, and issues concerning experiences with a Merchant’s personnel, policies, or processes. The Network and/or other entity issuing your Card, and not Canada Mobile Payments, is responsible for customer service related to your Card.
- Disclosures and Notices.
Upon acceptance of this Agreement, you confirm that you have read, understood, and accepted Canada Mobile Payments E-Sign Consent policy. You agree that Canada Mobile Payments can provide disclosures and notices required by law and other information about your Canada Mobile Payments Digital Wallet Account to you electronically by posting it on our website, or by emailing it to the email address listed in your Canada Mobile Payments Digital Wallet Account. You also agree that electronic disclosures and notices have the same meaning and effect as if we had provided you with paper copies. Such disclosures and notices are considered received by you within 24 hours of the time posted to our website, or within 24 hours of the time emailed to you unless we receive notice that the email was not delivered.
- User Content.
In connection with registration for a Canada Mobile Payments Digital Wallet Account, users may upload photos or other materials or information to Canada Mobile Payments Digital Wallet (“User Content”). You agree that you will not upload User Content to Canada Mobile Payments Digital Wallet unless you have created that content yourself, or you have permission from the copyright owner to do so.
For any User Content that you upload to Canada Mobile Payments Digital Wallet, you grant us and our subsidiaries, affiliates, and successors a worldwide, non-exclusive, royalty-free, fully-paid, transferable, and sub licensable right to use, reproduce, modify, adapt, publish, prepare derivative works of, distribute, publicly perform, and publicly display that User Content throughout the world in any media in order to provide and promote Canada Mobile Payments Digital Wallet and Canada Mobile Payments’ business. You retain all rights in your User Content, subject to the rights granted to Canada Mobile Payments in this Agreement. You may modify or remove your User Content via your Canada Mobile Payments Digital Wallet Account or by terminating your Canada Mobile Payments Digital Wallet Account.
For any User Content that you upload to Canada Mobile Payments Digital Wallet, you grant us and our subsidiaries, affiliates, and successors a worldwide, non-exclusive, royalty-free, fully-paid, transferable, and sublicensable right to use, reproduce, modify, adapt, publish, prepare derivative works of, distribute, publicly perform, and publicly display that User Content throughout the world in any media in order to provide and promote Canada Mobile Payments Digital Wallet and Canada Mobile Payments’ business. You retain all rights in your User Content, subject to the rights granted to Canada Mobile Payments in this Agreement. You may modify or remove your User Content via your Canada Mobile Payments Digital Wallet Account or by terminating your Canada Mobile Payments Digital Wallet Account.
Although Canada Mobile Payments has no obligation to screen, edit, or monitor any User Content, Canada Mobile Payments reserves the right, and has absolute discretion, to remove, screen, edit, or disable any User Content at any time and for any reason without notice. You understand that by using Canada Mobile Payments Digital Wallet, you may be exposed to User Content that is offensive, indecent, or objectionable. We take no responsibility and assume no liability for any User Content, including any loss or damage to any of your User Content.
- Copyright Infringement.
Canada Mobile Payments respects the intellectual property rights of others and asks you to do the same. It is Canada Mobile Payments policy to terminate the access privileges of those who repeatedly infringe the copyright rights of others. If you believe that your work has been posted on Canada Mobile Payments Digital Wallet in a way that constitutes copyright infringement, please contact Canada Mobile Payments copyright agent at the address below and provide the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) a description of the copyright-protected work that you claim has been infringed; (c) the location on Canada Mobile Payments Digital Wallet of the material that you claim is infringing; (d) your address, telephone number, and email address; (e) a statement by you regarding your good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. By submitting a copyright infringement notice, you acknowledge and agree that Canada Mobile Payments or its copyright agent may forward the information you provide in this notice to the person who uploaded the allegedly infringing material.
You may write to Canada Mobile Payments designated agent for notice of copyright infringement at:
Canada Mobile Payments, Inc.
Attn: Copyright Agent
1200 Bay Street, Suite 202
Toronto, Canada M5R2A5
If you believe that your removed or disabled User Content is not infringing, or that you have the authorization or right to post and use that User Content from the copyright owner, the copyright owner’s agent, or pursuant to law, you may send a counter-notice containing the information required by Section 512(g)(3) of the Digital Millennium Copyright Act (17 USC § 512(g)(3)). Canada Mobile Payments or its copyright agent will forward your counter-notification to the party who submitted the original copyright infringement claim. If the original claimant does not file an action seeking a court order to restrain you from engaging in infringing activity related to the removed or disabled User Content within 10 business days of receiving the counter-notice from Canada Mobile Payments, then Canada Mobile Payments may, in its sole discretion, reinstate the removed or disabled material.
We have implemented technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
If your Canada Mobile Payments Account is terminated for any reason or no reason, you agree: (a) to continue to be bound by this Agreement, (b) to immediately stop using Canada Mobile Payments Digital Wallet, (c) that the license provided under this Agreement shall end, (d) that we reserve the right (but have no obligation) to delete all of your information and account data stored on our servers, and (e) that Canada Mobile Payments shall not be liable to you or any third party for termination of access to Canada Mobile Payments Digital Wallet or for deletion of your information or account data.
- Your Right to Terminate.
You may terminate this Agreement at any time by closing your Canada Mobile Payments Digital Wallet Account and ceasing to use Canada Mobile Payments Digital Wallet.
- Suspension or Termination by Canada Mobile Payments.
We may terminate this Agreement and close your Canada Mobile Payments Digital Wallet Account for any reason or no reason at any time upon notice to you. We may also suspend Canada Mobile Payments Digital Wallet and access to your Canada Mobile Payments Digital Wallet Account if you (a) have violated the terms of this Agreement, any other agreement you have with Canada Mobile Payments, or Canada Mobile Payments policies, (b) pose an unacceptable credit or fraud risk to us, or (c) provide any false, incomplete, inaccurate, or misleading information or otherwise engage in fraudulent or illegal conduct.
- Effect of Termination.
We will not be liable to you for compensation, reimbursement, or damages in connection with your use of Canada Mobile Payments Digital Wallet, or in connection with any termination or suspension of Canada Mobile Payments Digital Wallet. Any termination of this Agreement does not relieve you of any obligations to pay any fees or costs accrued prior to the termination and any other amounts owed by you as provided in this Agreement.
Part Two: Additional Legal Terms
- Your License.
Canada Mobile Payments grants you a personal, limited, non-exclusive, revocable, non-transferable license, without the right to sublicense, to electronically access and use Canada Mobile Payments Digital Wallet solely to make payments in accordance with this Agreement. The Service includes our website, any software, programs, documentation, tools, internet-based services, components, and any updates (including software maintenance, service information, help content, bug fixes or maintenance releases) thereto provided to you by Canada Mobile Payments. You will be entitled to download updates to Canada Mobile Payments Digital Wallet, subject to any additional terms made known to you at that time, when Canada Mobile Payments makes these updates available.
While we want you to enjoy Canada Mobile Payments Digital Wallet, you may not, nor may you permit any third party to do any of the following: (i) access or monitor any material or information on any Canada Mobile Payments system using any manual process or robot, spider, scraper, or other automated means unless you have separately executed a written agreement with Canada Mobile Payments referencing this Section 20(i) that expressly grants you an exception to this prohibition; (ii) copy, reproduce, alter, modify, create derivative works, publicly display, republish, upload, post, transmit, resell or distribute in any way material or information from Canada Mobile Payments; (iii) permit any third party to use and benefit from Canada Mobile Payments Digital Wallet via a rental, lease, timesharing, service bureau or other arrangement; (iv) transfer any rights granted to you under this Agreement; (v) violate the restrictions in any robot exclusion headers on Canada Mobile Payments Digital Wallet or any Canada Mobile Payments service or product, work around, bypass, or circumvent any of the technical limitations of Canada Mobile Payments Digital Wallet, use any tool to enable features or functionalities that are otherwise disabled in Canada Mobile Payments Digital Wallet, or decompile, disassemble or otherwise reverse engineer Canada Mobile Payments Digital Wallet, except to the extent that such restriction is expressly prohibited by law; (vi) perform or attempt to perform any actions that would interfere with the proper working of Canada Mobile Payments Digital Wallet, prevent access to or use of Canada Mobile Payments Digital Wallet by our other users, or impose an unreasonable or disproportionately large load on our infrastructure; or (vii) otherwise use Canada Mobile Payments Digital Wallet except as expressly allowed under this section.
Canada Mobile Payments Digital Wallet is licensed and not sold. Canada Mobile Payments reserves all rights not expressly granted to you in this Agreement. Canada Mobile Payments Digital Wallet is protected by copyright, trade secret and other intellectual property laws. Canada Mobile Payments owns the title, copyright and other worldwide Intellectual Property Rights (as defined below) in Canada Mobile Payments Digital Wallet and all copies of Canada Mobile Payments Digital Wallet. This Agreement does not grant you any rights to Canada Mobile Payments trademarks or service marks.
For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights, and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefor and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
You may choose to or we may invite you to submit comments or ideas about Canada Mobile Payments Digital Wallet, including without limitation about how to improve Canada Mobile Payments Digital Wallet or our other products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited, and without restriction, that it will not place Canada Mobile Payments under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Canada Mobile Payments does not waive any rights to use similar or related ideas previously known to Canada Mobile Payments, or developed by its employees, or obtained from sources other than you.
You will indemnify, defend, and hold us harmless (and our respective employees, directors, agents, affiliates and representatives) from and against any and all claims, costs, losses, damages, judgments, tax assessments, penalties, interest, and expenses (including without limitation reasonable attorneys’ fees) arising out of any claim, action, audit, investigation, inquiry, or other proceeding instituted by a person or entity that arises out of or relates to: (a) any actual or alleged breach of your representations, warranties, or obligations set forth in this Agreement, including without limitation any violation of our policies; (b) your wrongful or improper use of Canada Mobile Payments Digital Wallet; (c) your violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (d) your violation of any law, rule or regulation of Canada or any other country; (e) any other party’s access and/or use of Canada Mobile Payments Digital Wallet with your unique username, password or other appropriate security code.
- Representation and Warranties.
You represent and warrant to us that: (a) you are at least eighteen (18) years of age; (b) you are eligible to register and use Canada Mobile Payments Digital Wallet and have the right, power, and ability to enter into and perform under this Agreement; (c) the name identified by you when you registered is your name or business name; (d) you and all transactions initiated by you will comply with all federal, state, and local laws, rules, and regulations applicable to you and/or your business, including any applicable tax laws and regulations; (e) you will not use Canada Mobile Payments Digital Wallet, directly or indirectly, for any fraudulent undertaking or in any manner so as to interfere with the operation of Canada Mobile Payments Digital Wallet; and (f) your use of Canada Mobile Payments Digital Wallet will be in compliance with this Agreement.
- No Warranties.
CANADA MOBILE PAYMENTS DIGITAL WALLET IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. — USE OF CANADA MOBILE PAYMENTS DIGITAL WALLET IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CANADA MOBILE PAYMENTS DIGITAL WALLET IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CANADA MOBILE PAYMENTS OR THROUGH CANADA MOBILE PAYMENTS DIGITAL WALLET WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, CANADA MOBILE PAYMENTS, ITS PROCESSORS, ITS PROVIDERS, ITS LICENSORS (AND THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT CANADA MOBILE PAYMENTS DIGITAL WALLET WILL MEET YOUR REQUIREMENTS; THAT CANADA MOBILE PAYMENTS DIGITAL WALLET WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT CANADA MOBILE PAYMENTS DIGITAL WALLET IS FREE OF VIR– USES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE — USE OF CANADA MOBILE PAYMENTS DIGITAL WALLET IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.
CANADA MOBILE PAYMENTS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH CANADA MOBILE PAYMENTS DIGITAL WALLET OR ANY HYPERLINKED WEBSITE OR SERVICE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND CANADA MOBILE PAYMENTS WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
- Limitation of Liability and Damages.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CANADA MOBILE PAYMENTS, ITS PROCESSORS, ITS SUPPLIERS, OR ITS LICENSORS (OR THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, — USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE — USE OF, INABILITY TO — USE, OR UNAVAILABILITY OF CANADA MOBILE PAYMENTS DIGITAL WALLET. UNDER NO CIRCUMSTANCES WILL CANADA MOBILE PAYMENTS BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR — USE OF CANADA MOBILE PAYMENTS DIGITAL WALLET, YOUR CANADA MOBILE PAYMENTS DIGITAL WALLET ACCOUNT, OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CANADA MOBILE PAYMENTS, ITS PROCESSORS, ITS SUPPLIERS, AND ITS LICENSORS (AND THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR — USE OF CANADA MOBILE PAYMENTS DIGITAL WALLET; (III) ANY UNAUTHORIZED ACCESS TO OR — USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM CANADA MOBILE PAYMENTS DIGITAL WALLET; (V) ANY BUGS, VIR– USES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH CANADA MOBILE PAYMENTS DIGITAL WALLET BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE — USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH CANADA MOBILE PAYMENTS DIGITAL WALLET; AND/OR (VII) — USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL CANADA MOBILE PAYMENTS, ITS PROCESSORS, AGENTS, SUPPLIERS, OR LICENSORS (OR THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING $500.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF CANADA MOBILE PAYMENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
Canada Mobile Payments Digital Wallet is controlled and operated from facilities in Canada. Canada Mobile Payments makes no representations that Canada Mobile Payments Digital Wallet is appropriate or available for use in other locations. Those who access or use Canada Mobile Payments Digital Wallet from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable Canadian and local laws and regulations, including but not limited to export and import regulations. You may not use Canada Mobile Payments Digital Wallet if you are a resident of a country embargoed by Canada, or are a foreign person or entity blocked or denied by the Canadian government. Unless otherwise explicitly stated, all materials found on Canada Mobile Payments Digital Wallet are solely directed to individuals, companies, or other entities located in Canada.
If a dispute of any kind arises, we want to understand and address your concerns quickly and to your satisfaction. Please contact the Canada Mobile Payments Support Center with any dispute. If we cannot resolve your concerns, we agree to an informal and inexpensive dispute resolution process requiring individual arbitration. “Disputes” between you and Canada Mobile Payments (“Canada Mobile Payments” includes its processors, suppliers or licensors (or their respective affiliates, agents, directors or employees)) are defined for the purposes of this Agreement to include any claim, controversy, or dispute (whether involving contract, tort, equitable, statutory, or any other legal theory) between you and Canada Mobile Payments including but not limited to any claims relating in any way to this Agreement (including its breach, termination, or interpretation), any other aspect of our relationship, Canada Mobile Payments advertising, and any use of Canada Mobile Payments software or services. “Disputes” also include any claims that arose before this Agreement and that may arise after termination of this Agreement.
- Binding Individual Arbitration.
You and Canada Mobile Payments agree to arbitrate all Disputes. Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. ANY ARBITRATION UNDER THIS AGREEMENT WILL BE ONLY BE ON A INDIVIDUAL BASIS; CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT PERMITTED, AND YOU ARE WAIVING YOUR RIGHTS TO HAVE YOUR CASE DECIDED BY A JURY AND TO PARTICIPATE IN A CLASS ACTION AGAINST CANADA MOBILE PAYMENTS. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced (but in no case shall there be a class arbitration). All Disputes shall be resolved finally and exclusively by binding individual arbitration with a single arbitrator administered by the American Arbitration Association (www.adr.org) or JAMS (www.jamsadr.org) according to this provision and the applicable arbitration rules for that forum. Consumer claimants (individuals whose transaction is intended for personal, family, or household use) may elect to pursue their claims in their local small-claims court rather than through arbitration. The Federal Arbitration Act, 9 U.S.C. §§ 1-16, fully applies. If you are a consumer bringing a claim relating to personal, household, or family use, any arbitration hearing will occur within the county or parish where you reside. Otherwise, any arbitration hearing will occur in Toronto, Ontario, or another mutually agreeable location, or a location ordered by the arbitrator. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. For any Dispute, Canada Mobile Payments will pay all the arbitration fees. If you prevail on any claim for which you are legally entitled to attorney’s fees, you may recover those fees from the arbitrator. For any claim where you are seeking relief, Canada Mobile Payments will not seek to have you pay its attorney’s fees, even if fees might otherwise be awarded, unless the arbitrator determines that your claim was frivolous. For purposes of this arbitration provision, references to you and Canada Mobile Payments also include respective subsidiaries, affiliates, agents, employees, predecessors, successors and assigns as well as authorized users or beneficiaries of Canada Mobile Payments services. Subject to and without waiver of the arbitration provisions above, you agree that any judicial proceedings (other than small claims actions in consumer cases) will be brought in and you hereby consent to the exclusive jurisdiction and venue in the state courts in the City of Toronto of Ontario, Canada, or federal court for the country of Canada.
- Governing Law.
This Agreement and any Dispute will be governed by Ontario law and/or applicable federal law as applied to agreements entered into and to be performed entirely within Ontario, without regard to its choice of law or conflicts of law principles that would require application of law of a different jurisdiction.
- Limitation on Time to Initiate a Dispute.
Unless otherwise required by law, an action or proceeding by you relating to any Dispute must commence within one year after the cause of action accrues.
- Right to Amend.
We have the right to change or add to the terms of this Agreement at any time, and to change, delete, discontinue, or impose conditions on any feature or aspect of Canada Mobile Payments Digital Wallet with notice that we in our sole discretion deem to be reasonable in the circumstances, including such notice on our website at Canada Mobile Paymentsup.com or any other website maintained or owned by us for the purposes of providing services in terms of this Agreement. Any use of Canada Mobile Payments Digital Wallet after our publication of any such changes shall constitute your acceptance of this Agreement as modified. However, any Dispute that arose before the modification shall be governed by the Agreement (including the binding individual arbitration clause) that was in place when the Dispute arose.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Canada Mobile Payments without restriction.
- Third Party Services and Links to Other Web Sites.
- Other Provisions.
Except as expressly provided in this Agreement, these terms are a complete statement of the agreement between you and Canada Mobile Payments, and they describe the entire liability of Canada Mobile Payments and its vendors and suppliers (including processors) and your exclusive remedy with respect to your access and use of Canada Mobile Payments Digital Wallet. In the event of a conflict between this Agreement and any other Canada Mobile Payments agreement or policy, this Agreement shall prevail on the subject matter of this Agreement. If any provision of this Agreement is invalid or unenforceable under applicable law, then it shall be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect. Headings are included for convenience only, and shall not be considered in interpreting this Agreement. The Agreement does not limit any rights that Canada Mobile Payments may have under trade secret, copyright, patent, or other laws. Canada Mobile Payments failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term.
In addition to any provision that is reasonably necessary to accomplish or enforce the purpose of this Agreement, the following sections of this Agreement survive and remain in effect in accordance with their terms upon the termination of this Agreement: 8, 9, 10, 11, 13, 14, 19, and 21-34.