These Terms of Service (the “Agreement”) by and between Neobanc Inc. and all its affiliates (together, “Company”, “us”, “we”, and “our”) and you, the individual or entity (“you”, “your”, and “User”) governs your use of our website application, accessible at WWW.NEOBANC.COM, and all pages, templates, products, tools, information, protocols, software, and content located therein (the “Service”). PLEASE READ THIS AGREEMENT CAREFULLY.
By using the Service, you agree to be bound by this Agreement.
You must read, agree with and accept all of the terms and conditions contained or expressly referred to in this Agreement, before you may sign up or use the Service.
You are advised to revisit the Agreement, and all its components, periodically to familiarize itself with any changes to the terms and conditions therein.
“Alternative Payment” refers to the use of the Services to make a payment of rents or fees using the Company’s proprietary payment mechanism, whereby such payment may be processed by the Company up to 3 business days after the date on which it was received by the Company, provided that there are no blockers or flags related to compliance or suspected fraud from our payment partners.
“Credit Card Payment” refers to the use of the Services to make a payment of rents or fees via credit card by tenants or property owners to their Landlords or property managers (as applicable), whereby such payment may be processed by the Company up to 3 business days after the date on which it was received by the Company, provided that there are no blockers or flags related to compliance or suspected fraud from our payment partners.
“Debit Card Payment” refers to the use of the Services to make a payment of rents or fees via Visa debit card or MasterCard debit card by tenants or property owners to their Landlords or property managers (as applicable), whereby such payment may be processed by the Company up to 3 business days after the date on which it was received by the Company, provided that there are no blockers or flags related to compliance or suspected fraud from our payment partners..
“Bank Account Payment” refers to the use of the Services to make a payment of rents or fees via checking/chequing bank account by tenants or property owners to their Landlords or property managers (as applicable), whereby such payment may be processed by the Company up to 3 business days after the date on which it was received by the Company, provided that there are no blockers or flags related to compliance or suspected fraud from our payment partners.
“Consumer-Reporting Agency” (or “Credit Bureau”) means Equifax Canada, Landlord Credit Bureau, or any similar agency to which we transmit rent-payment information.
“Rent Reporting” means the disclosure of your lease information and rent-payment history to one or more Consumer-Reporting Agencies for inclusion in your personal credit file.
“Landlord” means the person with whom you have a lease agreement under which you are using the Services to facilitate Payment.
“Lease” refers to the written lease agreement between a User and Landlord.
“Payment” means a Credit Card Payment, Debit Card Payment, Bank Account Payment or an Alternative Payment as the case may be.
“Payment Amount” refers to the aggregate dollar value of a Payment exclusive of the Service Fee.
“Phaze Inc.” means Phaze Inc., a Canadian financial technology company that is a registered Money Services Business (“MSB”) with the Financial Transactions and Reports Analysis Centre of Canada (“FINTRAC”).
“Prepaid Gift Card Services” means the portion of the Service that enables the issuance, loading, redemption, transfer, or processing of prepaid, non-reloadable or reloadable gift cards, payment vouchers, stored value, or similar instruments (collectively, “Prepaid Instruments”).
“MSB Agent Services” means the activities performed by the Company when it acts as program manager, agent, or service provider to Phaze Inc. for Prepaid Gift Card Services, including customer onboarding, technology provision, user interface, customer support, and other ancillary services performed on Phaze Inc.’s behalf.
“Phaze Terms” means the additional terms, policies, and compliance requirements of Phaze Inc. that may apply to Prepaid Gift Card Services and MSB Agent Services, which may be presented to you within the Service or via a link to Phaze Inc.’s policies.
“Neobanc Credits” (or “Credits”) means non-cash, non-transferable promotional credits issued by Neobanc that can only be redeemed within the Neobanc platform toward eligible services and have no value outside the platform.
“Eligible Services” means rent payments and other services Neobanc designates as eligible for Credits redemption within the platform from time to time.
You are hereby granted a limited, non-transferable, non-sublicensable, revocable license to access the Services for the purpose of making Payments. Correspondingly, you hereby grant the Company and the Company’s contracted third parties authority to act in whatever capacity necessary and appropriate to effect such Payment, at the sole and absolute discretion of the Company.
Agency Relationship for Prepaid Gift Card Services (Acting on Behalf of Phaze Inc.)
For certain types of payments and transfers pertaining to Prepaid Gift Card Services, you acknowledge and agree that Neobanc Inc. acts as a program manager, agent, and/or service provider on behalf of Phaze Inc., a registered MSB, and that the underlying regulated money services (including, without limitation, the issuance, sale, redemption, or transfer of Prepaid Instruments and related funds flows) are provided by Phaze Inc.
In connection with MSB Agent Services: (i) Neobanc Inc. provides technology, onboarding, customer interfaces, support, and other ancillary services; (ii) Phaze Inc. is responsible for applicable MSB compliance, including AML/ATF, sanctions screening, and recordkeeping for those Prepaid Gift Card Services conducted under its MSB program; (iii) funds related to Prepaid Gift Card Services may be received, held, safeguarded, and/or settled by Phaze Inc. and/or its financial partners; and (iv) you may be required to accept and comply with the Phaze Terms in addition to this Agreement. In the event of a conflict between this Agreement and the Phaze Terms with respect to Prepaid Gift Card Services, the Phaze Terms shall control solely as to those services.
Consent: By using the Service you authorize Neobanc to collect, use, and disclose your personal information—including your name, address, lease details, and rent-payment history—to any Consumer-Reporting Agency for the purpose of establishing or updating your credit file.
Effect on Credit: Reported information may improve or lower your credit score depending on your payment behaviour. Neobanc makes no guarantee of any particular credit outcome.
Disputes & Corrections: If you believe any rent-payment data we have reported is inaccurate, email support@neobanc.com with supporting documentation. We will investigate and, where appropriate, instruct the relevant Consumer-Reporting Agency to correct or delete the data within the time frames required by applicable consumer-reporting laws.
Opt-Out: You may withdraw consent for future Rent Reporting at any time by emailing privacy@neobanc.com. Information already furnished may remain on your credit file as permitted by law.
Limitation of Liability (Rent Reporting): To the maximum extent permitted by law, Neobanc’s liability arising from Rent Reporting will not exceed the Service Fees you paid to Neobanc in the twelve (12) months preceding the claim.
Compliance: Neobanc’s Rent-Reporting program complies with the Personal Information Protection and Electronic Documents Act (PIPEDA) and relevant provincial consumer-reporting statutes (e.g., Ontario Consumer Reporting Act).
Some parts of the Service may be billed on a consumption basis, for which you may be obligated to pay a fee (“Service Fee(s)”). The Service Fee(s) shall be billed to you on a per Payment basis, in the amounts then displayed on the Services.
Some parts of the Service may be billed on a one-time basis, for which you may be obligated to pay a fee (“One-Time Fee(s)”). The One-Time Fee(s) shall be billed to you, as described herein or otherwise by the Company, in the amounts then determined by the Company.
A valid payment method, including credit card, debit card, pre-authorized debit, or Interac, is required to process all fees (including Service Fees and One-Time Fees) and Payments mentioned herein, unless otherwise permitted by the Company. You shall provide us with accurate and complete billing information including, as applicable, full name, address, state/city, zip code/postal, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize us to charge all fees outlined in this section incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, we will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any charge; and that (ii) the information you supply to us is true, correct and complete.
We may employ the use of third-party services for the purpose of facilitating payment and the completion of charges.
If you use an international payment method or a credit/debit card denominated in a currency other than Canadian or U.S. Dollars, you acknowledge and agree that an additional fee may be applied to account for currency conversion costs, cross-border processing fees, and associated international network charges. These fees are in addition to any Service Fees or One-Time Fees disclosed elsewhere in this Agreement.
The exact fee may vary based on your card issuer, payment network, and current exchange rates, but typically ranges from 1.5% to 3.5% of the total transaction amount. By using an international card, you agree to pay these additional charges and authorize us to include them in your total Payment amount, the exact amount will be displayed before payment confirmation within the user interface. If a user pays via this interface they are agreeing to the specifically indicated fee within the interface illustrated.
You are solely responsible for verifying with your card issuer any additional fees that may apply for international or foreign currency transactions.
By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.
Taxes are in addition to any amounts shown to you, when applicable.
Fees and Collections for Prepaid Gift Card Services (Acting on Behalf of Phaze Inc.)
For MSB Agent Services related to Prepaid Gift Card Services, certain fees, charges, and amounts may be established by Phaze Inc. and/or collected by Neobanc Inc. as agent for, and on behalf of, Phaze Inc. You authorize Neobanc Inc. to present, collect, and remit such fees and amounts to Phaze Inc. and/or its designated partners. Any such fees will be disclosed within the Service and/or the Phaze Terms prior to your confirmation of a transaction.
We, in our sole discretion and at any time, may modify any of the fees mentioned herein (including but not limited to Service Fees and One-Time Fee) (any of which being a “Fee Change”). Any Fee Change will become effective at the end of the then-current Billing Cycle.
We will provide you with a reasonable prior notice of any Fee Change to give you an opportunity to terminate your usage before such Fee Change becomes effective.
Your continued use of Service after a Fee Change comes into effect constitutes your agreement to pay the modified fee amount.
Promotional discounts, fees and cash-back values may change or end without notice. Individuals agree that all percentages and dollar amounts are limited and not in perpetuity.
Except when required by law, all payments and fees mentioned herein are non-refundable. Users seeking a refund for any rent, bill, or payment transaction must contact their landlord, financial institution, or biller directly. Neobanc Inc., its partners, and affiliates take no responsibility for processing or issuing refunds of any kind. We reserve the right to revoke and/or reclaim any cashback rewards if, in our sole and absolute discretion, we determine that such rewards were obtained in contravention of this Agreement or otherwise.
Eligibility: To be eligible for Neobanc Credits (“Credits”), users must (a) maintain an active Neobanc account in good standing, (b) make qualifying rent or bill payments through the Neobanc platform, and (c) comply with all applicable terms and conditions. Credits are issued only after successful processing and settlement of qualifying payments.
Credit Options: Users may select one of the following Credit reward options when making qualifying payments:
1% Credit (Monthly Option): Users who select this option will receive a Credit equal to 1% of the qualifying payment amount. Credits under this option become available for redemption no sooner than the start of the following month’s billing cycle and may only be applied toward rent or other Eligible Services offered through the Neobanc platform.
5% Credit (Annual Option): Users who select this option will receive a Credit equal to 5% of the qualifying payment amount. Credits under this option are subject to a 365-day holding period from the date of the qualifying payment before becoming eligible for redemption. These Credits may only be used toward rent or Eligible Services through the Neobanc platform after the holding period has elapsed.
Nature and Use of Credits: Neobanc Credits are non-cash, non-transferable rewards that may only be redeemed toward Eligible Services or payments processed within the Neobanc platform. Credits cannot be withdrawn, exchanged for cash, or transferred to other users or accounts.
Expiration and Forfeiture: Credits may expire or be forfeited if (a) a user’s account is closed or suspended, (b) a payment is refunded, reversed, or disputed, or (c) Neobanc determines that the transaction or account activity violates these Terms or applicable law.
Program Changes: Neobanc reserves the right to modify, suspend, or terminate the Credits program—including reward percentages, redemption timelines, or eligibility criteria—at any time and at its sole discretion, to the extent permitted by law.
Regulatory Disclosure: Neobanc Credits do not represent a cash balance, stored value, or deposit, and are not insured by any deposit insurance program. They are promotional credits issued by Neobanc that hold value only within the Neobanc platform and have no monetary value outside of it.
Credits are promotional in nature and may be changed, limited, or discontinued as described in the ‘Eligibility and Maximum Cashback Terms’ section. If a qualifying transaction is refunded, reversed, or disputed, any associated Credits may be revoked, reduced, or forfeited.
NEOBANC CREDITS ARE PROMOTIONAL, HAVE NO CASH VALUE, ARE NOT LEGAL TENDER, STORED VALUE, OR A DEPOSIT, AND MAY ONLY BE REDEEMED WITHIN THE NEOBANC PLATFORM AS DESCRIBED IN THESE TERMS.
Without limiting the foregoing, Neobanc shall have no liability for any inability to earn or redeem Credits, or for any modification, suspension, or termination of the Credits program.
The Company shall use commercially reasonable efforts to safeguard any funds it holds to complete a Payment. You acknowledge and agree that, while funds may be deposited and stored in accounts that are eligible for protection by Canada Deposit Insurance Corporation, there are limitations and rules prescribed by the Canada Deposit Insurance Corporation that apply - and it is your obligation to understand those limitations and rules.
The Company shall use its best efforts to process all Payments within 3 business days of the date on which they are received, provided that there are no blockers or flags related to compliance or suspected fraud from our payment partners.. You agree and acknowledge that your Landlord shall not receive your Payment until it is processed by the Company. As such, you agree and acknowledge that you must initiate your Payment no later than 3 business days prior to the date on which your rent payment is due.
Custody and Settlement for Prepaid Gift Card Services (Acting on Behalf of Phaze Inc.)
With respect to MSB Agent Services related to Prepaid Gift Card Services, you acknowledge and agree that funds associated with the issuance, loading, redemption, or transfer of Prepaid Instruments may be received, safeguarded, pooled, and/or settled by Phaze Inc. and/or its banking or processing partners in accordance with applicable MSB requirements, and not by Neobanc Inc. Settlement timelines for such transactions may differ from the timelines described elsewhere in this Agreement and will be disclosed within the Service and/or the Phaze Terms.
Any proprietary and intellectual property rights in and to the Services, including any content thereon, such as logos, videos, text, information, graphics, icons, images, as well as the selection, assembly and arrangement thereof and related materials, Company’s trademarks, trade names, copyrightable materials, designs, “look and feel,” all whether or not registered and/or capable of being registered (“Content”), are the property of Company and/or its licensors and are subject to copyright and other intellectual property rights under applicable laws. You acknowledge and agree that you have no right, license, or authorization with respect to the Services or any of the technology underlying the Services except as expressly set forth in this Agreement. Nothing in this Agreement gives you the right to use Content without the Company’s prior written consent.
If, through the intended use of the Services, at the sole and absolute discretion of the Company, you download or otherwise receive access to Content you acknowledge and agree that your use of the Content shall be in accordance with this Agreement and the applicable terms of use or user agreement of the licensor of the Company which licensed that particular Content to the Company. Please familiarize yourself regularly with the terms of use or user agreements with the relevant licensors of the Company.
You shall not, nor shall the you permit any person and/or third-party to: (1) attempt to modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on the Services, Content (as defined below), or the source code, object code, underlying structure, ideas, know-how, software, algorithm, documentation, data related to the Services (“Software”) except to the extent that enforcement is prohibited by applicable law notwithstanding a contractual provision to the contrary; (2) make the Services (or any derivative work thereof) available to, or use the Services (or any derivative thereof) for the benefit of anyone other than you, (3) sell, resell, license, sublicense, distribute, rent, or lease any Service to any third-party, or include any Service (or any derivative thereof) in a bureau, time-sharing, or equivalent offering, (4) publicly disseminate or disclose information from any source regarding the performance of the Services, (5) attempt to create a substitute or similar service through use of, or access to, the Services, (6) circumvent any user limits or other timing or use restrictions that are built into the Services; (7) remove any Content (as defined below) or other proprietary notices, labels, or marks from the Services; and/or (8) frame or mirror any content forming part of the Services. Notwithstanding anything to the contrary, you accept and assume all responsibility for complying with all applicable laws and regulations in connection with all of your activities involving any Services, or part thereof.
Our Service may allow you to post, link, store, share and otherwise make available certain information, data, numbers, text, graphics, videos, or other material (“User Content”). You are responsible for User Content that you post on or through Service, including its legality, reliability, and appropriateness.
By posting User Content on or through Service, You represent and warrant that: (i) the User Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in this Agreement, and (ii) that the posting of User Content on or through Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.
You retain any and all of your rights to any User Content you submit, post or display on or through Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for User Content you or any third party posts on or through Service. However, by posting User Content and using the Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such User Content and the user behavior, transactions, interactions, habits, usage, and any other information that we may collect from time to time on and through Service (together with User Content, “User Data”), provided that it is reasonably anonymized at our sole and absolute discretion. For clarity, you acknowledge that the Company shall be permitted to use User Data for the purpose of training, improving, developing, and/or testing, in whole or in part, machine learning models, neural networks, generative models, predictive models, artificial intelligence algorithms, large-language model (each and together, an “AI Model”), and/or any prompts or instructions provided to any such AI Model, whether such AI Model is or has been developed by the Company or any third party, to improve or enhance the quality of the Services, or otherwise at our sole and absolute discretion.
We have the right but not the obligation to monitor and edit all User Content provided by users.
You may use Service only for lawful purposes and in accordance with the Agreement. You agree not to use the Service:
In any way that violates any applicable national or international law or regulation.
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.
To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.
To impersonate or attempt to impersonate us, our employee(s), another user, or any other person or entity.
In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Service, or which, as determined by us, may harm or offend us or users of the Service or expose them to liability.
Additionally, you agree not to:
Use the Service in any manner that could disable, overburden, damage, or impair the Service or interfere with any other party’s use of the Service, including their ability to engage in real time activities through Service.
Use any robot, spider, or other automatic device, process, or means to access the Service for any purpose, including monitoring or copying any of the material on the Service.
Use any manual process to monitor or copy any of the material on the Service or for any other unauthorized purpose without our prior written consent.
Use any device, software, or routine that interferes with the proper working of Service.
Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer, or database connected to the Service.
Attack the Service via a denial-of-service attack or a distributed denial-of-service attack.
Take any action that may damage or falsify our rating.
Use any downloaded data, information, or content to train, improve, develop, or test an AI Model.
Otherwise attempt to interfere with the proper working of the Service.
We monitor and analyze the use of our Service using third-party providers.
By creating an account on our Service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or by emailing at team@neobanc.com.
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service. We may be required to collect certain information from you, as required by law.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole and absolute discretion.
For MSB Agent Services related to Prepaid Gift Card Services, you agree that Phaze Inc., as the registered MSB, may perform, or require Neobanc Inc. to perform on its behalf, identity verification (KYC), sanctions screening, transaction monitoring, and other AML/ATF controls in accordance with applicable law and the Phaze Terms. You agree to promptly provide all information and documentation requested for such purposes, and you acknowledge that failure to do so may result in transaction delays, holds, or denial of service.
You may provide us directly at team@neobanc.com with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service (“Feedback”). You acknowledge and agree that: (i) you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback; (ii) Company may have development ideas similar to the Feedback; (iii) Feedback does not contain confidential information or proprietary information from you or any third party; and (iv) Company is not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant Company and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.
Our Service may contain links or embedded services (whether obvious or not) to third party websites or services that are not owned or controlled by us. For Example, as part of our Service, you may be connected with one of our partner loan providers. We have no control over and assume no responsibility for your loan application, whether your application is approved, the terms of repayment, or any other matters except your payment of rent. The terms and conditions of your loan and all related matters will be governed by your unique and specific relationship with our partner loan provider.
We have no control over, and assume no responsibility for the Content, privacy policies, or practices of any third party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
YOU ACKNOWLEDGE AND AGREE THAT WE SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD PARTY WEBSITES OR SERVICES.
WE STRONGLY ADVISE YOU TO READ THE TERMS OF SERVICE AND PRIVACY POLICIES OF ANY THIRD PARTY WEBSITES OR SERVICES THAT YOU VISIT.
WE ARE NOT RESPONSIBLE TO YOU OR TO YOUR LANDLORD IN THE EVENT THAT YOU ARE IN DEFAULT IN ANY CAPACITY IN YOUR LEASE.
WE MAY TAKE LONGER THAN 3 (THREE) BUSINESS DAYS TO PROCESS YOUR PAYMENT AND SEND YOUR RENT PAYMENT TO YOUR LANDLORD. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ANY LATE FEES, DEFAULTS, OR CONSEQUENCES OF ANY KIND RELATED TO THE LATE PAYMENT OF RENT.
WE ARE NOT A CONSUMER CREDIT PROVIDER OR MICRO-LENDER AND WE DO NOT CARRY ON ANY ACTIVITY IN RESPECT OF CREDIT OR LENDING SERVICES.
NONE OF THE INFORMATION, SERVICE, OR MATERIALS OFFERED BY THE SERVICE CONSTITUTE AND ARE NOT INTENDED TO CONSTITUTE ADVICE OF ANY KIND AND YOU SHOULD NOT ACT OR REFRAIN FROM ACTING BASED ON ANY INFORMATION, SERVICE OR MATERIALS PROVIDED IN THE SERVICE. ALL CONTENT ON THE SERVICE IS INFORMATION OF A GENERAL NATURE AND DOES NOT ADDRESS THE UNIQUE CIRCUMSTANCES OF ANY PARTICULAR USER. YOU ARE STRONGLY URGED TO CONSULT WITH YOUR OWN ADVISORS AS TO ALL QUESTIONS YOU MAY HAVE.
WE DO NOT CONTROL HOW ANY CONSUMER-REPORTING AGENCY USES OR WEIGHTS RENT-PAYMENT DATA, AND WE ARE NOT RESPONSIBLE FOR ANY CHANGE TO YOUR CREDIT SCORE OR CREDITWORTHINESS.
FOR AVOIDANCE OF DOUBT, WITH RESPECT TO PREPAID GIFT CARD SERVICES, NEOBANC INC. PERFORMS MSB AGENT SERVICES AND ACTS ON BEHALF OF PHAZE INC., A REGISTERED MSB, WHICH PROVIDES THE UNDERLYING REGULATED MONEY SERVICES. QUESTIONS OR COMPLAINTS SPECIFIC TO PREPAID GIFT CARD SERVICES MAY BE SUBJECT TO PHAZE INC.’S POLICIES AND ESCALATION PROCEDURES AS SET OUT IN THE PHAZE TERMS.
You assume all risks and all costs associated with your use of the Service, including, without limitation, any internet access fees, banking fees, transaction fees, back-up expenses, costs incurred for the user of your device and peripherals, and any damage to any equipment, software, information or data.
You are responsible for configuring your own information technology, computer programs and platform in order to access the Service. You should use your own virus protection software.
The Government of Canada prohibits Canadian companies from engaging in all or certain commercial activities with certain sanctioned countries (each a “Canadian Sanctioned Country”) and certain individuals, organizations or entities, including without limitation certain specially designated nationals (each a “Canadian SDN”) listed in the Consolidated Canadian Autonomous Sanctions List (accessible via this link: https://www.international.gc.ca/world-monde/international_relations-relations_internationales/sanctions/consolidated-consolide.aspx?lang=eng#dataset-filter). If you use the Service, you expressly represent that you are not located in a Canadian Sanctioned Country and are not listed as a Canadian SDN. If we determine that the Service is being used by prohibited persons, it will take any and all actions to terminate your access to the Service.
THESE SERVICES ARE PROVIDED BY US ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THEIR SERVICES, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THESE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK.
NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING WITHOUT LIMITATION, ATTORNEYS’ FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, PROVINCIAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF WE HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF THE COMPANY, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES DURING THE 0 DAYS PRIOR TO THE NOTICE OF CLAIM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
You agree to indemnify, defend, and hold harmless the Company, its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) that such parties may incur as a result of or arising from your (or anyone using your account) violation of these Terms of Service or any applicable law, regulation, or the rights of any third party. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to cooperate with the Company’s defense of these claims.
Accordingly, you expressly agree that you and all users assume all risks in connection with their respective access and use of the Service and all parts thereof; and, you expressly release the Company, its directors, officers, employees, and agents (the “Releasees”) from, and hold them harmless from and against, any and all liability, claims, causes of action, losses, expenses, or damages (whether arising in law or equity, including but not limited to special, consequential, indirect, punitive, and exemplary damages, and including but not limited to economic loss, business disruption, and/or attorney’s fees) arising from or in any way related to the Service or any part thereof. You expressly waive all such claims against the Releasees.
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Agreement.
If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
We reserve the right to withdraw or amend our Service and any part thereof, and any service or material we provide via our Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of our Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of our Service, or the entire our Service, to users, including registered users.
We may amend this Agreement, without notice to you, at any time by posting the amended terms on or within the Services. It is your responsibility to review this Agreement periodically.
Your continued use of the Service following the posting of a revised Agreement means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use Service.
No waiver by us of any term or condition set forth in the Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of us to assert a right or provision under the Agreement shall not constitute a waiver of such right or provision.
If any provision of the Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Agreement will continue in full force and effect.
Neither party may assign any of its rights or obligations hereunder, whether by operation of law or otherwise, without the prior written consent of the other party (not to be unreasonably withheld). Notwithstanding the foregoing, we may assign this Agreement in its entirety, without your consent, to an affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all its business, shares, or assets. Any attempt by a party to assign its rights or obligations under this Agreement in breach of this section shall be void and of no effect. Subject to the foregoing, this Agreement shall bind and inure to the benefit of the parties, their respective successors and permitted assigns.
BY USING SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND BY THEM.
You acknowledge and confirm that prior to executing this Agreement, the Company requested that you obtain independent legal advice with respect to the rights, obligations, disclaimers, and notices herein. You confirm and agree that: (1) you have executed this Agreement under their own volition and without any duress whatsoever from the Company or any other person or entity; and (2) if you did not obtain independent legal advice prior to executing this Agreement, you will not in any proceeding relating to the enforcement of rights and obligations under this Agreement raise that as a defense or otherwise.
Neither party shall be responsible for its failure to perform its obligations under this Agreement to the extent due to unforeseen circumstances or causes beyond its control, including but not limited to acts of God, wars, terrorism, riots, embargoes, acts of civil or military authorities, fires, floods, accidents, or strikes, epidemics, computer, telecommunications, Internet service provider or hosting facility failures or delays involving hardware, software or power systems not within a party’s possession or reasonable control, provided that such party gives the other party prompt written notice of the failure to perform and the reason therefore and uses its reasonable efforts to limit the resulting delay in its performance.
This Agreement shall be governed and construed in accordance with the laws of the Province of Ontario, and/or the federal laws of Canada as applicable therein, without regard to its conflict of law provisions.
The parties hereto shall initially attempt to resolve all claims, disputes or controversies arising under, out of or in connection with this Agreement by conducting good faith negotiations amongst themselves. If the parties hereto are unable to resolve the matter following good faith negotiations, the parties shall hereby irrevocably and unconditionally submit to the jurisdiction of the court in Toronto, Ontario, Canada.
