2. USE CONSTITUTES ACCEPTANCE:
By accessing the Site, the Payfare mobile application (“App”) or using any of our related services (collectively with the App and the Site, the “Services”) you agree to these Terms. If you do not agree to these Terms, you must not use the Site, App or Services and should immediately exit the Site or App and delete the App from your mobile devices.
4. REGISTRATION AND THIRD PARTY ACCOUNT INFORMATION:
To register for Payfare you must provide accurate, complete and up to date information as to your first and last name, mobile number, email address, company name (if applicable) and any other information Payfare may request from time to time including information about your accounts with third-party sites (“Third-Party Account(s)”) such as username and passwords credentials. You agree that Payfare may contact your Third-Party Account holders to notify such Third-Party Account holder that You are participating in the Services and to verify your account information. You represent that you legally own and that you are authorized to provide Payfare with the Third-Party Account credentials. If you do not keep your information up to date and accurate, the effectiveness of the Services provided to you will be affected. You can update or correct your details at any time on the Payfare App or accessing your online account at Payfare.com.
You expressly authorize Payfare to store and utilize your Third-Party Account credentials to access such Third-Party Accounts on your behalf as your agent and power of attorney to retrieve and use information for the sole purposes of providing the Services. For greater certainty you acknowledge and agree that when Payfare is accessing and retrieving information from your Third-Party accounts, it is acting as your agent, and not as an agent of or on behalf of the third-party.
We may be required to validate your identity. You hereby authorize us to make any inquiries we consider necessary to validate your identity. If we cannot verify your identity, we can refuse to allow you to use the Services.
5. THIRD-PARTY RECEIVABLES:
As part of the Services provided, Payfare accesses your Third-Party Accounts to determine the value of funds owing to you (“Receivables”) by the third-party such as your accrued net earnings. At Payfare’s sole discretion it may purchase these Receivables from you.
For valuable consideration, you agree to sell and transfer to Payfare, all right, title and interest in and to those Receivables. You agree not to assign or attempt to assign any Receivables that you do not have the complete right, title and interest in or that have already been assigned elsewhere.
You represent and warrant that the Receivables are just and due and that you have not received payment for the Receivables or any part of the Receivables. You further warrant that if you receive payment for the assigned Receivables by the Third-party or if you receive an incorrect payment which exceeds your current Receivables you will reimburse Payfare immediately for any amounts owed by you and any fees incurred by us including fees associated with attempting to collect the amount(s) from you.
We may limit the total value of Receivables purchased from you at any given time or over a period of time. We may, at our sole discretion, refuse to purchase Receivables when we reasonably believe such refusal is necessary or advisable for legal or security reasons.
Payfare does not assume any responsibility for the timeliness or accuracy of information relating to transactions or Receivables within your Third-Party Account. Any Receivables purchased shall be based upon the information that we most recently accessed, and as such, may not accurately reflect activity that occurred after we last accessed the applicable Third Party Account or any pending transactions.
6. PAYFARE MASTERCARD:
Payfare will load funds to your Payfare Mastercard each day that it purchases Receivables from you. Payfare’s Mastercard card provider partner may charge certain card related fees. Please refer to the Cardholder Agreement enclosed with your card for a complete description of fees.
7. RECEIVABLE DISCOUNT RATES:
Payfare shall purchase Receivables from you at the following discount rates: $0.50 for each earnings load to your card regardless of the amount. No charge if your daily earnings are less than $20.00.
8. CHANGES TO THE SERVICE:
We may discontinue or change the Services or any function, feature or applicable fees thereof at any time with or without notice. You agree that Payfare shall not be liable to you or any third-party for any changes or discontinuance of the Services.
9. CHANGES TO THIS AGREEMENT:
We may change the terms of this Agreement at time without notice and at our sole discretion. You are responsible for informing yourself of these terms and checking for any changes or updates. If you do not agree with any such changes or updates you must cease all use of the Site, App and Services immediately. Use constitutes acceptance.
10. THIRD PARTIES AND EXTERNAL LINKS
10.1 Third Parties: You agree that your dealings with third parties found on or through Payfare, and any warranties or representations associated with such dealings, are solely between you and the third party, and you agree not to hold Payfare liable for any disputes you may have with such a third party.
10.2 Links: Payfare provides, and third parties may provide, links to other websites or resources. As we have no control over such websites and resources you agree that links to third parties are provided solely for your convenience and we are not responsible for the availability of any such external sites or resources and are not liable for the content found at such websites or resources. If you decide to access any third party you do so entirely at your own risk.
Cookies remember the type of browser you use and which additional browser software you have installed. They also remember your preferences, such as language and region, which remain as your default settings when you revisit the website. Some of the cookies we use are session cookies and only last until you close your browser, others are persistent cookies which are stored on your computer for longer.
12. OWNERSHIP AND INTELLECTUAL PROPERTY
12.1 You Gain No Ownership: No intellectual property ownership rights transfer from you to us, or us to you, as a result of this Agreement. The content of the Site and App is protected by copyright, trademarks, database and other intellectual property rights. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of our materials or content without our prior written permission.
12.2 Use of Your Feedback: You agree that we may use your feedback, suggestions, or ideas in any way, including in future modifications of the Site, App or Services, other products or services, advertising or marketing materials. You grant us a perpetual, worldwide, fully transferable, sub-licensable, non-revocable, fully paid-up, royalty free license to use the feedback you provide to Payfare in any way.
13. LICENSE TO USE OUR SERVICES
You agree that we have no responsibility or liability for the deletion, corruption or failure to store any content maintained or transmitted on or by the Site, App or Services;
You acknowledge that the features and services provided by us may change at any time without prior notice to you;
You acknowledge that we reserve the right to sign out, terminate or delete your account at any time and for any reason at our sole discretion;
Except as expressly permitted by these Terms, you must not edit or otherwise modify any Payfare material; and
We reserve the right to restrict your access to the Site, App or Services at our sole discretion and you must not circumvent or bypass, or attempt to circumvent or bypass, any such access restrictions.
14. ACCEPTABLE USE OF OUR SERVICES
You must not:
Misrepresent any personal or Third Party Account information;
Allow others to use your account;
Assign your account or otherwise transfer it;
Use another party’s account without their knowledge and consent;
Use our Services to cause nuisance, annoyance or inconvenience;
Use our Services with an incompatible or unauthorized device;
Copy, or distribute the Services or other content of Payfare without prior written permission from Payfare;
Use our Site or Services in a manner or take any action that causes, or may cause, damage to them or impair their performance, availability or accessibility;
Use our Site or Services in a manner that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
Use our Site or Services to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
Conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our Site or Services without our express written consent;
Access or otherwise interact with our Site or Services using any robot, spider or other automated means; or
Use data collected from our Site or Services for any direct marketing activity, including without limitation email marketing, SMS marketing, telemarketing and direct mailing.
By using the Services, you further agree that you will:
Only use the Services or download the App for your sole, personal use and will not resell it to a third party;
Keep the password to your account confidential and secure;
Provide us with evidence of your identity upon request; and
Comply with applicable regulations and laws in your use of our Services.
You further agree that you will not:
License, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Services in any way;
Modify or make derivative works based upon the Services;
Create Internet “links” to the Service or “frame” or “mirror” the Site or the App on any other server or wireless or Internet-based device; or
Reverse engineer or access the Services in order to:
design or build a competitive product or service,
design or build a product using similar ideas, features, functions or graphics of the Services, or
copy any ideas, features, functions or graphics of the Services, or
launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Services.
15. PRIVACY AND PERSONAL DATA
We may disclose your identity to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy. You consent to such disclosure of information without further notice to you.
16. SMS MESSAGING (TEXT MESSAGES)
In the course of using our Services you will be sent text messages providing important and useful information in relation to those Services. You will be charged your mobile telephone network provider’s standard rates for receiving such texts. Payfare does not charge you for SMS/text messages. Your mobile telephone network provider may impose message or charge limitations which are beyond our control and for which you will be solely responsible.
You acknowledge and agree that standard messaging charges will apply.
By registering for a Payfare account and using our Services, you agree to receive text messages relating to our Services.
You warrant that you are the owner of the mobile telephone number you have provided to us and that you have the authority to authorize such charges and will be solely responsible for such charges.
We are not liable for any delays or failures in your receipt of any SMS message(s) as delivery is subject to effective transmission from your mobile telephone network provider and processing by your mobile telephone device.
We reserve the right to suspend or terminate the SMS service without notice to you.
Payfare may, at our sole discretion, create promotional codes that may be redeemed for account credit or other features or benefits related to the Services, subject to such terms as Payfare may establish on a per promotional code basis (“Promo Codes”). You agree that Promo Codes:
Must be used for the intended audience and purpose, and in a lawful manner;
May not be duplicated, sold or transferred in any manner, or made available to the general public, unless expressly permitted by Payfare;
May be disabled by Payfare at any time for any reason without liability to Payfare;
May only be used pursuant to the specific terms that Payfare establish for such Promo Code;
Are not valid for cash; and
May expire prior to your use.
Payfare reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that Payfare determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or this Agreement.
18. PAYFARE DISCLAIMERS AND LIMITED WARRANTY
We warrant that at all times while providing the Site and the App, we will exercise reasonable skill, care and diligence; use properly skilled and experienced personnel; and comply with all laws. We provide the Site, the App and all contents \"AS IS.\" Except as set forth in this clause 21, we make no express warranties or guarantees about the Site, the App or the Services.
TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM IMPLIED WARRANTIES INCLUDING ANY WARRANTY THAT THE SITE, APP OR SERVICES ARE OR WILL BE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THE SITE, THE APP OR ANY RELATED CONTENT OR SERVICE WILL MEET YOUR REQUIREMENTS, IS ERROR-FREE, RELIABLE, OR WILL OPERATE WITHOUT INTERRUPTION.
19. LIMITATIONS OF LIABILITY
Payfare’s total liability under this Agreement shall be limited to the total amount of the monies, if any, paid to Payfare as a result of you entering into this Agreement. In no event shall Payfare be liable for any incidental, consequential, indirect, special, or punitive damages (including, but not limited to lost profits, business opportunity, relationships with relatives, friends, or other affiliates of you, business interruption or any other loss, pecuniary or otherwise, and including any such alleged to result from Payfare’s performance of its obligations under this Agreement).
For the avoidance of doubt, we are not responsible and will not refund for:
Losses not caused by our breach;
any act or omission, including, but not limited to, any negligent or other wrongful act or omission leading to death, injury, loss or damage;
Failure to provide Payfare Services or to meet any of our obligations under this Agreement, where such delay, cancellation or failure is due to force majeure events beyond our control (For purposes of this Agreement, Force Majeure shall mean a cause or event that is not reasonably foreseeable or otherwise caused by or under the control of Payfare, including acts of God, fires, floods, explosions, riots, wars, hurricane, sabotage terrorism, vandalism. accident, restraint of government, governmental acts, injunctions, labour strikes, and other like events that are beyond the reasonable anticipation and control of Payfare); or
If for any reason the Site or App is unavailable.
Your sole and exclusive remedy is to cease using the Payfare Site, App and Services.
You acknowledge and agree that the limited warranty, limited remedies and limitations on liability set forth in this Agreement are a fundamental part of the basis of Payfare’s bargain hereunder, without which Payfare would not enter into this Agreement or provide the Site, App and Services, and that the terms of this Agreement accurately and reasonably reflect the allocation of risk agreed upon by the parties.
No action, regardless of form, arising from or pertaining to this Agreement may be brought by you more than one (1) year after such action has arisen.
20. YOUR REPRESENTATIONS AND WARRANTIES
You represent and warrant to us that:
This Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms.
You have the full right, power, and authority to enter into and be bound by the terms and conditions of this Agreement and to perform your obligations under this Agreement, without the approval or consent of any other party.
You have sufficient right, title, and interest in and to the rights granted to us in this Agreement.
All information you supply to us in connection with your use of our services is true and complete in all material respects and will be kept up to date if it changes;
You will refrain from doing anything which is fraudulent, negligent or which may bring disrepute to us or is capable of damaging our reputation;
You agree to be responsible for any act or omission of any users that access the Site, App or Services under your account information that, if undertaken by you, would be deemed a violation of this Agreement;
You will not use another person’s account at any time, without the permission of the account holder;
You will comply with all applicable laws and (including, without limitation, following safety laws in relation to the use of mobile devices whilst driving); and
You acknowledge and agree that, to the fullest extent permitted by the relevant laws, you assume the complete and total risk arising out of your use of the Services, including all third party products and services.
21. INDEMNIFICATION AND RELEASE
21.1 Indemnity: You agree to indemnify and hold harmless Payfare and its employees, representatives, agents, and affiliates, against any and all claims, suits, actions, or other proceedings brought against them based on or arising from any claim resulting from your breach of this Agreement, your violation of any law or third party right, any claim that use of our services has harmed a third party, or your use of the Site, the App and the Services or your data. You will pay any and all costs, damages, and expenses, including, but not limited to, reasonable attorneys' fees and costs awarded against or otherwise incurred by us in connection with or arising from any such claim, suit, action, or proceeding. Payfare reserves the right, in its sole discretion and at its own expense, to assume the exclusive defence and control of any claims. You agree to reasonably cooperate as requested by Payfare in the defence of any claims.
21.2 Release: You release Payfare, its officers, employees, shareholders, agents and successors from claims, demands, any and all losses, damages and actions of any kind including, without limitation, personal injuries, death, and property damage, that is either directly or indirectly related to or arises from any interactions with or conduct of any Payfare users or third-party services or websites.
22. JURISDICTION LIMITATIONS
As some jurisdictions do not allow some of the exclusions or limitations as established above, some of these exclusions or limitations may not apply to you. In that event, the liability will be limited as far as legally possible under the applicable legislation.
You may from time to time receive confidential or proprietary information of Payfare. All such information is the sole property of Payfare, and you shall keep all such information strictly confidential, shall not disclose such information to a third party at any time and shall not use such information for any purpose other than in connection with Payfare’s Services and strictly in accordance with this Agreement.
24. ACCOUNT AND PASSWORD SECURITY
If you register with Payfare you will be asked to choose a password. You must comply with the content rules set out in this Agreement including but not limited to the following:
You must not use your account in connection with the impersonation of any person;
You must keep your password confidential;
You must notify us immediately if you become aware of any disclosure of your password; and
You are responsible for any activity arising from a failure to keep your password confidential, and may be held liable for any damages or losses arising out of such a failure.
We are entitled to assume that anyone who accesses your account or the Services using your password does so by your authority. You are solely responsible for determining whether the security provided by us and our suppliers is sufficient for your purposes. If you do not agree the security is sufficient it is your responsibility to either implement your own additional security or not use the Services.
Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.
25.1 Termination by Payfare: We reserve the right to terminate this Agreement and close any account you have with us at any time with or without notice. We may, in our sole discretion, immediately terminate your account and your access to the Site, App or Services without notice, for any or no reason, including if you breach any of your obligations under this Agreement, if bankruptcy proceedings are brought against you, or if you do not pay a court judgment on time.
25.2 Suspension or Termination without Notice: We reserve the right to suspend, restrict or terminate your access to the Site, App or Services at any time without notice if we have reasonable grounds to believe you have breached this Agreement. This shall not limit our right to take any other action against you that we consider appropriate to defend our rights or those of any other person.
25.3 Termination by User: Any user may terminate use of Payfare at any time. You are under no obligation to use the Services and may simply choose to stop using Payfare at any time.
25.4 Account Closure: You may close your account by following the instructions on the Payfare App.
25.5 Survival of Payment Obligations: We are not liable to you or any other party for any termination of your account or access to the Site, App or Services. Termination of your account will not modify, change or void any payment obligations you may have incurred through your use of the Site, App or Services, whether such obligation is to us or a third party.
26. INTERNATIONAL USE
We make no representation that content on this Site is appropriate or available for use in locations outside Canada. If you choose to access this Site from a location outside Canada, you do so on your own initiative and you are responsible for compliance with local laws.
27. GENERAL PROVISIONS
27.2 Governing Law: You agree that the laws of the Province of Ontario govern this Agreement and its subject matter and any claim or dispute that you may have against us, without regard to its conflict of laws rules. You further agree that any disputes or claims that you may have against us will be resolved by a court located in the Province of Ontario, and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
27.3 Remedies: You acknowledge that we are entitled to seek an injunction, if necessary, to stop or prevent a breach by you of your obligations under this Agreement.
27.4 Relationship of Parties: Parties are independent contractors and neither Party’s employees will be considered employees of the other Party for any purpose. This Agreement does not create a joint venture or partnership, and neither Party has the authority to bind the other to any third party.
27.5 Assignment: You may not assign your rights or obligations under this Agreement to any party, and any attempt to do so will be void and without effect. We are free to assign this Agreement.
27.6 Amendment: You may not amend or waive any provision of this Agreement unless in writing and signed by both Parties.
27.7 Titles and Headings: Titles and headings are inserted in this Agreement as references, and must not be used to interpret the Agreement.
27.8 Communication and Notices: You consent to receive notices and information from us in respect of our Site, App and Services by electronic communication. You may withdraw this consent at any time, but if you do so we may choose to suspend or close your account. We may provide you with notices, including those regarding Agreement changes, by email, paper mail, publication on our Site, App, by SMS, or in any other way recognised by law. You may contact us at via email at support@Payfare.com. Any withdrawal of your consent to receive electronic communications will be effective once we have a reasonable amount of time to process your request.
27.9 Waiver: Our failure to exercise or enforce any right or provision of these terms is not a waiver of such right or provision.
27.10 Severability: If any provision is found by a court of competent jurisdiction to be invalid, the parties agree that the court must as far as possible give effect to the parties’ intentions as reflected in it, and these terms otherwise remain in full force and effect.
27.11 Subcontracting and Outsourcing: We will solely determine how to operate our systems and provide Services. We may subcontract or outsource any function as we see fit.
27.12 Compliance with Laws: In using the Services, you must comply with all applicable laws and regulations and, without limitation you must not use Services (or allow them to be used) in connection with or in furtherance of any fraudulent scheme or purpose.
27.13 Audit Rights and Compliance: You acknowledge and agree that your activities under this Agreement may be subject to audit by Payfare or our underlying financial institution partners and you will cooperate with auditors to the fullest extent. Other compliance requirements may include financial crime and fraud screenings or compliance with regulations and policies from financial institutions or card/payment processors.
27.14 Law Enforcement: You authorise us to provide any information or comply with any request in relation to you or your account that is requested by any government, court or law enforcement agency. We are not obliged to verify or validate the identity or authority of any such government, court or law enforcement agency if it appears to us, acting in good faith, to be legitimate.
27.15 Third Party Beneficiaries: These Terms are not intended to give rights to anyone except you and us.
27.16 English Language: If there is any conflict between the English language text of this Agreement and any translation into a foreign language, the English language text shall prevail.
Information We Collect And Sources Of Information:
We may collect personal information about you. Personal information is information about an identifiable individual and includes information such as your address, phone number, government issued identification and information about transactions and deposits. We collect your personal information only as required to provide Our Services to you, which includes the following purposes: responding to your queries, identification, account creation and management, servicing and marketing purposes. We obtain information about you directly from you (e.g., if you submit information to us through our website or applications), through your use of Our Services, and from third parties (such as credit bureaus and demographic firms). Occasionally, we may also collect information about you online using “cookies” (small pieces of data stored by your Internet browser on your computer) or other tracking technology that may be used to remember passwords for you, to track your website usage with us and to provide you with customized content among other things. You may choose to decline cookies if your browser permits, but doing so may affect your use of the website and your ability to access certain features of the website or engage in transactions through the website.
Your information that is collected will be used and disclosed solely for the purposes of complying with law and to provide you with Our Services. There are certain situations where we will disclose your personal information such as:
- When we are required or authorized by law to do so (e.g., if a court issues a subpoena);
- When you have consented to the disclosure;
- When the services we are providing to you require us to give your information to a third-party service provider (please see below);
- When it is necessary to establish or collect amounts owed to us.
We share your personal information with service providers (e.g. payment processors) in order to provide Our Services to you. Our service providers are not authorized by us to use or disclose your information except as necessary to perform services on our behalf or comply with legal requirements. If you do not wish us to provide your personal information to those service providers, we may be unable to provide you with Our Services or adequately respond to your query. Occasionally, we may use service providers outside of Canada to process and/or store personal information for us. Please note that personal information in the custody of these service providers may be subject to access by the law enforcement authorities of those jurisdictions in which the service providers are located. Our Privacy Officer, whose contact information is provided below, can provide further information about our policies and practices regarding service providers located outside of Canada and further information about how these service providers, collect, use, disclose or store personal information on our behalf.
Our Security Procedures:
Your Access to Information:
We provide you access to the personal information that we hold about you through your account online and either direct or indirect access to customer service representatives. Subject to any exceptions prescribed by law, you can access and correct your personal information and challenge the accuracy and completeness of the information we have about you. We may deny access when required or authorized by law. For example, we may deny access when granting access would have an unreasonable impact on other people’s privacy or when necessary to protect our confidential commercial information and the requested information cannot be severed from the balance of the record in which it is contained. If we deny your request for access to, or refuse a request to correct information, we shall explain why.
Retaining Your Information:
We keep your information as long as reasonably required to complete our dealings with you, or as required by law, whichever is longer. You can also request that we remove your information from our records by contacting our Privacy Officer at the contact information below. Subject to our requirements for continued retention of your information (i.e., auditing purposes) or to fulfill our legal obligations, we will make every reasonable effort to honour your request.
How This Policy Applies to You:
Our website and Our Services are not intended to solicit information of any kind from individuals under the majority in their jurisdiction of residence (“Minors”) without the required consent from their parents/guardians. If we become aware of any information we possess that may belong to a Minor, we will immediately obtain parental consent to delete this information from our servers. If you are a parent/guardian and you suspect that your child may have submitted personal information to us, please contact us at the information below.
If you have any questions, concerns or complaints about this Policy please contact our Privacy Officer through our Contact page or by emailing us at email@example.com. We will respond to your request or investigate your concern as quickly as we can.
**If you choose to communicate with us via email, please be aware that email is not a 100% secure medium for sending any personal or confidential information to us.**