PAYCASE TERMS OF USE

BY ACCESSING OR USING THE PAYCASE WEBSITE LOCATED AT WWW.PAYCASE.COM (THE "WEBSITE") OR THE PAYCASE ONLINE MONEY TRANSFER SERVICE (THE "SERVICE"), YOU ACCEPT AND AGREE TO BE BOUND BY AND COMPLY WITH THESE TERMS OF USE, AS UPDATED FROM TIME TO TIME. IF YOU DO NOT ACCEPT AND AGREE TO BE BOUND BY THESE TERMS OF USE, YOUR SOLE RECOURSE IS TO LEAVE THE WEBSITE AND CEASE USING THE SERVICE IMMEDIATELY. A COPY OF THESE TERMS OF USE MAY BE DOWNLOADED, SAVED AND PRINTED FOR YOUR REFERENCE.

THE SERVICE

The Service allows you to send money to family and friends located in any jurisdiction where Paycase offers its Service as specified on the Website (each, a "Recipient"). The jurisdictions for which our Service is available may change from time to time in our sole discretion and without notice to you. Please check our Website for a current list of jurisdictions.

ELIGIBILITY

In order to use the Service you must be a legal resident of Canada (excluding Quebec) and at least the age of majority in your province of residence. You represent that you are an individual and not using the Service on behalf of a business or other organization. In order to use the Service, you will be required to register and create an account on the Website and electronically verify your identity. Paycase has the right to terminate your account as set out in Changes and Termination section below.

FEES AND PAYMENT

In consideration for your use of the Website and/or Service, you agree to pay Paycase the applicable fees (if any) at the then-in-effect rate posted on the Website or otherwise communicated to you by Paycase, including fees for each money transfer initiated by you, bank account delivery fees, Paycase service fees and any other applicable fees.

Payment of all applicable fees in full is required prior to Paycase accepting and processing your money transfer transaction. You must pay the applicable fees by debit or credit card. If you pay by credit card, you authorize Paycase to charge the payment card account you provide at the time you initiate a money transfer. In the event of a debit transaction, you may be required to enter into a pre-authorized debit agreement prior to Paycase accepting your money transfer. If your payment is not approved, your money transfer will not be processed and Paycase will have no responsibility for any delay or non-delivery of the money transfer in question.

CURRENCY EXCHANGE AND DELIVERY

Money transfers will be delivered in the local currency of the country of the Recipient at the exchange rate disclosed to you on the Service at the time you initiate a money transfer. Once a money transfer is accepted by Paycase, no adjustments to the currency rate will be made for any reason, including in the event of currency fluctuations between the date the money transfer is accepted by Paycase and the date of delivery to the Recipient.

Funds will be delivered to the Recipient’s bank account or other delivery location chosen by you and, subject to circumstances beyond our control, within the time period disclosed to you at the time the transfer is accepted by Paycase. You represent and warrant that you have obtained the Recipient’s consent to provide us with any information necessary to facilitate the money transfer.

RIGHT OF REFUSAL

Paycase reserves the right to decline a money transfer or to limit the amount of a money transfer if it (or its agents) determines in its sole discretion that the money transfer does not comply with applicable legal requirements or if we suspect that the transfer may be fraudulent or otherwise in violation of Paycase company policy or applicable law. Otherwise, once a money transfer is accepted by Paycase, no changes or cancellations are permitted except as may be required by applicable law.

MONEY EXCHANGES

Paycase uses third party agents, including foreign money exchanges, to facilitate the exchange of your local currency into the recipient’s currency, and to deliver the money to the Recipient’s delivery location. As set out in the Limitation of Liability section below, Paycase is not responsible for the actions of these third parties, including any delay in delivery to the Recipient.

REGISTRATION AND PASSWORDS

To access the Website and/or Service, you may be asked to complete an online registration form. In consideration for your use of this Website and the Service, you agree to provide true, current, complete and accurate information as requested on any registration form to which this Website may direct you (including information relating to a Recipient), and to update that registration information as soon as possible after any information on such registration form changes. Without limiting the foregoing, by initiating a money transfer through the Service, you represent that the information you have provided about yourself and the Recipient is accurate, up-to-date and complete.

Upon registration, you will be asked to choose a username and password. You alone are responsible for keeping that password and username confidential, and for any and all activity that occurs on this Website or the Service under such password or username. You agree to immediately notify Paycase of any unauthorized use of your password or username or any other breach of security.

DISCLAIMER / LIMITATION OF LIABILITY

THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES, LIABILITY OR CERTAIN DAMAGES OR LIMITATIONS OF REPRESENTATIONS MADE CONCERNING GOODS OR SERVICE. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.

Although we strive to update and keep accurate as much as possible the Content contained on the Website, errors and/or omissions may occur. ACCORDINGLY, THIS WEBSITE, INCLUDING THE CONTENT AND SERVICE PROVIDED HEREIN, IS BEING PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. PAYCASE DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. PAYCASE DOES NOT WARRANT THAT THE FUNCTIONS ON THE WEBSITE OR SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

IN NO EVENT SHALL PAYCASE OR ITS AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM OR IN CONNECTION WITH (i) THE USE OF, OR THE INABILITY TO USE, THE WEBSITE, SERVICE OR ANY CONTENT, (ii) ANY DELAY OR FAILURE TO DELIVER A MONEY TRANSFER CAUSED BY PAYCASE, ITS AGENTS OR THE RECIPIENT’S BANK OR OTHER DELIVERY LOCATION, EVEN IF PAYCASE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

WHILE WE ATTEMPT TO PROVIDE ACCURATE INFORMATION ON THE WEBSITE AND SERVICE, WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, RELIABILITY OR CURRENCY OF SUCH INFORMATION.

INDEMNITY

You agree to indemnify and hold harmless Paycase, its affiliates, members, officers, employees, agents, and licensors from and against any and all losses, expenses, damages, claims, fines, penalties, costs and liabilities (including reasonable legal and accounting fees), resulting from your (or anyone acting under your password or username) use of this Website or the Service, connection thereto, or any alleged violation by you of these Terms of Use, including, without limitation, the Code of Conduct.

CHANGES AND TERMINATION

Paycase reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) or Service with or without notice.

Further, Paycase reserves the right to change these Terms of Use at any time and to notify you by posting an updated version of the Terms of Use on this Website or Service. You are responsible for regularly reviewing the Terms of Use, including, without limitation, by checking the date of "Last Update" at the bottom of this document. Continued use of the Website or Service after any such changes shall constitute your consent to be bound by such changes, with continued provision of the use of the Website and Service constituting consideration from Paycase to you for so being bound.

Paycase reserves the right to terminate your account and/or use of the Website or Service at any time in its sole discretion, including in the event you use the Service for non-personal purposes, if Paycase is unable to verify your identity or if Paycase suspects that you are using your account for an illegal purpose or otherwise in violation of the Code of Conduct or these Terms of Use.

Your only right with respect to any dissatisfaction with (1) these Terms of Use (2) any policy or practice of ours in operating the Website or Service or (3) any Content available through the Website, is to stop visiting and using the Website and Service.

OWNERSHIP / RESTRICTIONS ON USE

The Website is owned and operated by Paycase Financial Corp. Any and all content, data, graphics, photographs, images, audio, video, software, systems, processes, trademarks, service marks, trade names and other information including, without limitation, the "look and feel" of the Website and Service (collectively, the "Content"), contained in this Website are proprietary to Paycase, its affiliates and/or third-party licensors. The Content is protected by Canadian and other copyright and trademark laws.

Except as set forth herein, you may not modify, copy, reproduce, publish, post, transmit, distribute, display, perform, create derivative works from, transfer or sell any Content without the express prior written consent of Paycase. You may download, print and reproduce the Content for your own non-commercial, informational purposes provided you agree to maintain any and all copyright or other proprietary notices contained in such Content, and to cite the URL Source of such Content. Reproduction of multiple copies of the Content, in whole or in part, for resale or distribution is strictly prohibited except with the prior written permission of Paycase. To obtain written consent for such reproduction, please contact us at support@paycase.com.

LINKING

The Website may offer you links to other sites on the Internet that are owned and operated by third parties and therefore not affiliated with us. Please understand that such linked websites are independent from Paycase and that Paycase has no control over the content of such websites. Consequently, Paycase cannot be held liable and makes no warranty or representation whatsoever as to the accuracy, timeliness and/or completeness of the information contained on such websites.

The links which we might place on our Website do not imply that we sponsor, endorse or are affiliated or associated with, or have been legally authorized to use any trade-mark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such sites.

USER CONDUCT

As a condition of your continued access to and use of this Website or the Service, you agree to abide by all applicable federal, provincial, state, territorial and other laws and regulations and the "Code of Conduct" set forth below. Specifically, in addition, without limiting the foregoing, you agree not to:

  • a) upload, post, e-mail or otherwise transmit any material that:
    • constitutes unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
    • infringes any patent, trade-mark, trade secret, copyright or other proprietary or privacy rights of any party;
    • is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, racially, ethnically or otherwise objectionable, or an unfair product comparison; or
    • contains any form of destructive software such as a virus, worm, Trojan horse, time bomb, cancelbot, or any other harmful components or any other computer file, program or code, designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment;
  • b) harvest or otherwise collect or store any information (including personally identifiable information) about other users of the Website or Service, including e-mail addresses, without the express consent of such users;
  • c) for the purpose of misleading others, create a false identity of the sender or the origin of a message, forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through the Website or Service;
  • d) attempt to gain unauthorized access to the Website or Service, other computer systems or networks connected to the Website, through password mining or any other means;
  • e) interfere with or disrupt networks or servers connected to the Website or Service or violate the regulations, policies or procedures of such networks;
  • f) alter transmission data; and
  • g) use, download or otherwise copy, or provide to any person or entity any Website users directory or other user or usage information or any portion thereof other than in the context of your use of the Website or Service.

PRIVACY

Your personal information will be collected, used and disclosed for the purposes of authorizing and processing your money transfer (including disclosures to the Recipient’s bank or pawn shop, and other intermediaries involved in the transfer) and otherwise in accordance with the Paycase Privacy Policy. Please review our Privacy Policy for information on the manner in which we collect, use, disclose and otherwise manage your personal information.

TRADEMARKS

"Paycase" and "www.paycase.com" are trademarks of Paycase. Other marks, graphics, typefaces, trademarks and logos appearing on the Website are trademarks or trade dress of Paycase. All other trademarks appearing on the Website are property of their respective owners. Our trademarks and trade dress may not be used in any manner for any purpose without our express written consent.

APPLICABLE LAWS

Unless the applicable laws of your jurisdiction require that the laws of your jurisdiction govern, these Terms of Use shall be governed by and construed in accordance with the laws of the Province of Ontario and of the laws of Canada applicable therein, and any dispute is to be submitted to a court of competent jurisdiction in the judicial district of Toronto, Province of Ontario. If any provision of the present Terms of Use shall be unlawful, void, or for any reason unenforceable, then such provision shall be severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

These Terms of Use shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, which is expressly excluded and you also expressly agree to exclude the applicability of the Uniform Computer Information Transactions Act.

A printed copy of these Terms of Use and of any notice in electronic form shall be admissible in any judicial or administrative proceedings to the same extent and under the same conditions as other business documents and records originally generated and maintained in printed form.

These Terms of Use and any and all other legal notices or statements posted on the Website or otherwise provided to you constitute the entire agreement between you and Paycase with respect to the use of the Website and Service, including the Content.

NOTICE

Notices to you may be made via e-mail or regular mail, or in cases of changes to these Terms of Use or to the Service offered by the Website, by posting notices or links to such notices on the Website itself.

If you have any questions or comments regarding these Terms of Use or the Service, including currency rates, please contact us at support@paycase.com.

Last Update: August 17, 2016

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