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Terms and Conditions

Last Updated: January 2024

Thank you for visiting the Paybilt website (“Paybilt”, “we”, or “us”). We are a payments technology provider that offers credit card alternatives to businesses for online and in-person transactions. We are the owner and operator of this website, https://paybilt.com/ (the “Website”), and the hosting, content, and other functionality of this Website.

1. LEGAL AGREEMENT

1.1 Acceptance of our Terms. These Terms of Use (these “Terms”) describe your rights and responsibilities when you use or access the Website. By accessing the Website, you acknowledge that you have read, understood, and agree to be bound by the Terms and any other policies referenced herein or made available. If you do not agree with or cannot comply with these Terms, then you may not access the Website.

1.2 Privacy Policy. You acknowledge and agree that by providing us with your personal information or otherwise interacting with us, you consent to the collection, use, and disclosure of such information in accordance with our Privacy Policy, and for the purposes identified to you at the time you provide the personal information. To view our Privacy Policy, please visit the following hyperlink: https://paybilt.com/privacy/

1.3 Changes to these Terms. We reserve the right to update, change, or replace any part of these Terms by posting updates and/or changes to the Website. It is your responsibility to check our Website periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of such changes.

1.4 International Use. Accessing the Website in certain countries may not be lawful, and we make no representation that the Website is appropriate or available for use in locations outside Canada. If you choose to access the Website from outside Canada, you do so at your own risk and are responsible for compliance with any applicable local laws.

2. YOUR USE OF THE WEBSITE

2.1 Use of the Website. The information on this Website is for your own personal informational purposes only. As a condition of your use of this Website, you represent and warrant that: (a) you have reached the age of majority in your province or territory of residence; (b) you possess the legal authority to create a binding legal obligation; and (c) you will use this Website in accordance with these Terms.

2.2 Limited License Grant. Subject to your continued compliance with these Terms, we grant you a non-exclusive, non-transferable, non-assignable, royalty-free, revocable license to use the Website for your personal purposes.

2.3 Your Information. Your provision of information, including name, email address, phone number, and any submissions you make to the Website through any functionality, such as applications, online forms, and text fields, constitute your consent to all actions we take with respect to such information consistent with our Privacy Policy.

2.4 Restriction of Use. We may at any time, with or without prior notice, restrict or prohibit your access to or use of the Website for any reason, including for failure to comply with these Terms, for providing us with untrue or inaccurate information about yourself, or for infringement upon our proprietary rights.

3. SECURITY

3.1 Our Security Responsibilities. The security of your personal information is very important to us. We use physical, electronic, and administrative measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.

3.2 Your Security Responsibilities. The safety and security of your information also depends on you. You are responsible for obtaining your own access to the Website. You are required to ensure that all persons who access the Website through your internet connection are aware of these Terms and comply with them. The Website, including content or areas of the Website, may allow you to submit information to us. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete.

3.3 Prohibited Activities. You are prohibited from attempting to circumvent and from violating the security of this Website, including, without limitation: (a) accessing content and data that is not intended for you; (b) attempting to breach or breaching the security and/or authentication measures which are not authorized; (c) restricting, disrupting, or disabling service to users, hosts, servers, or networks; (d) illicitly reproducing TCP/IP packet header; (e) disrupting network services and otherwise disrupting our ability to monitor the Website; (f) using any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website; (g) introducing any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (h) attacking the Website via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing, or crashing; and (i) otherwise attempting to interfere with the proper working of the Website.

4. OUR PROPRIETARY RIGHTS

4.1 Our Intellectual Property. We and our licensors have and retain all rights, titles, and interests, including all intellectual property rights, in and to the Website, including all content, text, design, graphics, drawings, photographs, code, and software, and all organization and presentation of the foregoing, which forms a part of the Website. Your use of the Website will not create or grant to you any rights in or to the Website.

4.2 Brand Features. As between you and us, all names, words, logos, slogans, and images used on this Website are proprietary to us or our affiliates, licensors, or suppliers. Certain other trademarks, trade names, words, logos, slogans, and images used on this Website are proprietary to their respective owners. Use of any such property, except as explicitly authorized, shall constitute a violation of the rights of the owner of such property.

4.3 Feedback. From time to time, you may choose to submit, or we may request that you submit on a voluntary basis, comments, questions, ideas, suggestions, or other feedback relating to the Website to us (“Feedback”). We may in connection with any of our products or services freely use, copy, disclose, license, distribute, and exploit any Feedback in any manner without any obligation, royalty, or restriction based on intellectual property rights or otherwise. No Feedback will be considered your confidential information, and nothing in these Terms limits our right to independently use, develop, evaluate, or market products or services, whether incorporating Feedback or otherwise.

5. REMEDIES AND LIMITATIONS

5.1 NO WARRANTIES. YOU UNDERSTAND AND AGREE THAT THE WEBSITE AND ANY OTHER CONTENT, INFORMATION, OR MATERIALS ON, IN, OR MADE AVAILABLE THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, WE AND OUR SUPPLIERS AND LICENSORS MAKE NO REPRESENTATIONS AND DISCLAIM ANY WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. WE AND OUR SUPPLIERS AND LICENSORS DO NOT WARRANT THAT THE WEBSITE: (A) WILL MEET YOUR REQUIREMENTS OR BE SUITABLE FOR ANY PARTICULAR PURPOSE; (B) WILL BE RELIABLE, ACCURATE, AUTHENTIC, CURRENT, OR COMPLETE; (C) WILL OPERATE AND BE AVAILABLE WITHOUT INTERRUPTIONS; OR (D) WILL BE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS.

5.2 Limitation of Liability. To the maximum extent permitted by law, in no event will we or our directors, employees, agents, representatives, successors, or assigns be liable for any damages whatsoever related to your access to or use of this Website or any other third-party website linked to this Website, whether or not such damages are foreseeable, and whether or not we were informed of the possibility of such damages in advance, including, without limitation, liability for any direct, indirect, special, punitive, incidental, or consequential damages (including lost profits, lost savings, business interruption, or loss of data).

5.3 Remedies Available to Us. You acknowledge and agree that your use of the Website in violation of these Terms may cause irreparable harm to us and that in the event of such unauthorized use, we are entitled to an injunction in addition to any other remedies available at law or in equity.

6. GENERAL

6.1 Third-Party Websites. The Website may contain links to third-party websites. All such other websites are independent of this Website. We have no control over, and explicitly disclaim any liability for, such third-party websites and their content. The provision of any link does not constitute an endorsement of a linked website by Paybilt.

6.2 Making Copies. You are permitted to copy electronically and print hard copies of pages from this Website for your own non-commercial and lawful use, provided that such copies display the copyright and any other proprietary notices of Paybilt. No other copying of this Website, in whole or in part, is permitted without the written authorization of Paybilt.

6.3 Governing Law. These Terms will be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. You consent and attorn to the exclusive jurisdiction of the courts located in the City of Toronto, Ontario.

6.4 Severability. In the event that any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision will nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion will be deemed to be severed from these Terms, all without affecting the validity and enforceability of any other remaining provisions.

6.5 Waiver. Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.

6.6 Entire Agreement. These Terms, together with our Privacy Policy, as modified from time to time, constitute the entire agreement between Paybilt and you pertaining to the subject matter hereof and supersede all written and oral agreements previously existing between us concerning such subject matter (including, but not limited to, any prior versions of these Terms).

6.7 Contact Information. Questions about these Terms should be sent to us at privacy@paybilt.com