Please read these terms and conditions carefully as it constitutes a legally binding agreement between you and BanPAY(Ca) Ltd. (“banpay”, “we”, “our” or “us”) in respect of access and use of banpay’s website located at banpay.com or banpay.ca, and any subdomains used in connection with or related to the same and any future versions (“website”) as well as banpay mobile applications (“banpay app”). This and the future version of the banpay app, and the website constitute the (“banpay.com”).
These terms and conditions apply to all users of the banpay platform, including merchants and service providers, persons who download the banpay app and users who simply view the content on or available through the website (“content”).
In order to use the banpay platform, you have reached the age of majority in your jurisdiction of residence. banpay does not permit the use of the banpay platform on behalf of another person or entity. The term “user”, “you” or “your” refers to the individual, as applicable, accessing or otherwise using the banpay platform or the banpay services.
The banpay platform is used to deliver services which may be subject to additional terms and conditions.
By accessing, browsing and using the banpay platform, you acknowledge that you have read and accept these terms and conditions. If you do not accept these terms and conditions, then you may not access or use the banpay platform.
User & Applicable Terms
- Users. The banpay platform facilitates access by customers and other users of the banpay platform (“Customers”) to various services, including financial services offered in association with other financial institutions (collectively “banpay Services”). Collectively, they constitute “Users” of the banpay platform, and these Terms and Conditions apply to all Users.
- Additional Terms. These Terms and Conditions are for access and use of the banpay platform and are in addition to separate agreements with banpay with respect to banpay services. In the event of any conflict between these Terms and Conditions and these additional agreements, the terms of such additional agreements will prevail.
- Service Providers. These Terms and Conditions are entered into between you and banpay. We may contract with third-party service providers, including merchants, financial service providers and other parties (“Service Providers”) with respect to one or more of the banpay Services or parts thereof. banpay, and not its Service Providers, is solely responsible for the banpay platform, including any maintenance and support, and its content. However, you agree that the Service Providers, along with their respective affiliates, are third-party beneficiaries of these Terms and Conditions. Upon your acceptance of these Terms and Conditions, the Service Providers will have the right to enforce these Terms and Conditions against you as third-party beneficiaries with regard to their respective services.
- Modification of these Terms or the banpay Platform. Subject to applicable law, we reserve the right to restrict, suspend or otherwise change any aspect of the banpay platform, and we may modify all or one or more parts of these Terms and Conditions at any time. In the event these Terms and Conditions, or any material aspect of the banpay platform, is changed, we will provide you advance notice by posting a notice and the amended Terms and Conditions on the banpay platform, and if you have a banpay account (as defined below), by sending you notice using your registered email or mailing address. Your continued use of the banpay platform following such notice will constitute your consent to any amendments to these Terms and Conditions, or any other aspects of the platform.
- Accurate Information. You represent and warrant that all information supplied by you through or for the banpay platform (including information provided by you to create an account for use of the banpay platform (a “banpay Account”) or in connection with your use of the banpay services is true, accurate, current and complete.
- Security of banpay Accounts. Any banpay account must be kept secure and you agree that you will not share or disclose your credentials with anyone. banpay will not be liable for any loss or damage arising from your failure to safeguard your account or use by any third person of your credentials. You must use a strong password and limit its use to your banpay account.
- Suspension or Termination of Access to the banpay Platform. We may suspend or terminate your ability to access the platform at any time if we believe you may have violated these Terms and Conditions or other agreements for use of the platform or services, or that you may create risk or possible legal exposure for us. We may also suspend your ability to access the platform if: (i) you have not accessed your banpay account for more than twelve months; or (ii) to maintain or protect the integrity or operation of the platform; or (iii) you fail to pay the monthly premium by the due date. Suspension or termination may also include removal of some or all of the materials uploaded by you. You acknowledge and agree that all suspensions or terminations may be made by banpay in its sole discretion and that banpay will not be liable to you or any third party for any suspension or termination of your access or removal of any of the materials uploaded by you to the banpay platform. banpay will suspend your access only for as long as banpay deems it necessary to resolve or prevent the issues leading to the suspension. Any suspension or termination by banpay will be in addition to any and all other rights and remedies that banpay may have.
- Account Deletion and Termination. Subject to the terms of your banpay account agreement(s), you may request the closing of your account by requesting (by email or through any then-available interfaces) that your account be closed, ceasing use of the banpay platform and the services.
banpay Fees & Account Overview
- All Fees are in Canadian dollars, unless otherwise stated. Please find a detailed Fee breakdown here https://banpay.com/fees.html
- Transaction Fees are based on the type of transaction you are making, for example: banpay to banpay transactions, banpay to banpay wallet, international wires etc. Some Fees are expressed as a percentage of the payment amount.
Monthly Subscription Fees are based on the account type and
withdrawn on the 1st of the month.
- During your first month of service, your Fees will be prorated.
- If your account has insufficient funds to cover the Monthly Subscription Fee, your account will be suspended and you will not be able to perform further transactions. You will have 15 days to fund your account. If your account has insufficient funds on the 16th of the month, your account will be frozen, and you will no longer be able to access the banpay platform. Your account will be held for a period of 90 days, after which your account will be closed. Your account can be reinstated by contacting [email protected], and by paying the outstanding balance.
- We reserve the right to adjust the Fees at our sole discretion. We will provide you with 30 days notice if an existing fee is increasing or if a new fee is being introduced.
Closing Your Account:
- You may terminate your relationship with us at any time by contacting [email protected]
- We will cancel any pending transactions
- You must then withdraw your remaining balance to the account of your choice before we will close your banpay account.
- You may not close your banpay account to evade an investigation. In the case of investigation, we may hold your funds for up to 180 business days to protect banpay or any third party against the risk of Reversals, Chargebacks, claims, fees, fines, penalties and other liability. You will remain liable for all obligations related to your banpay account even after the account is closed.
Licensed Access to the banpay Platform and Permitted
- License to banpay Platform. Subject to your compliance with these Terms and Conditions, banpay hereby grants you a personal, revocable, non-exclusive and non-transferable license to use the banpay platform in accordance with these Terms and Conditions. Customers may use the banpay platform only in connection with banpay services (the “Permitted Use”).
- Reservation of Rights. banpay retains the right, at its sole discretion, to revoke its license and deny access to the banpay platform to anyone, at any time and for any reason (or no reason at all), including, but not limited to, for violation of these Terms and Conditions or use other than the Permitted Use. You will cease and desist from any such access or use of the banpay platform immediately upon request by banpay.
- Geographic Application of the banpay Platform. The banpay platform or specific banpay services may not be available at all or any times and in all or any jurisdictions. Furthermore, nothing on the banpay platform constitutes an offer or solicitation to buy or sell any services or other products or services to anyone in any jurisdiction in which such an offer or solicitation may be prohibited by law.
- Changes to the banpay Platform. banpay reserves the right to change or allow a third party to change any information, material or content (including, but not limited to, price, features, availability of products, and services) contained on or provided through the banpay platform at any time, and from time to time, without notice or liability.
No Unlawful or Prohibited Use
- Restricted Activities and Persons. To access the banpay platform, you represent and warrant that you: (i) are not located in a country that is subject to a Canadian or U.S. Government embargo, or that has been designated by the Canadian or U.S. Government as a “terrorist supporting” country; (ii) you are not listed on any Canadian or U.S. Government list of prohibited or restricted parties; and (iii) will not use the banpay platform in or for the benefit of a country, organization, entity, or person embargoed or blocked by any government, including any person/entity on government sanctions lists.
Other Improper Uses. You may not use the banpay
platform or any Content for purposes other than the
applicable Permitted Use. Without limiting the generality of
the foregoing, you will not, and will not permit anyone else
to, or attempt to use the banpay platform or the Content
- “frame”, “mirror” or otherwise incorporate the banpay platform or the Content or any part thereof on any commercial or non-commercial website;
- access, monitor or copy any part of the banpay platform or the Content using any robot, spider, scraper or other automated means or any manual process for any purpose without banpay’s express written permission;
- violate any laws;
- violate the restrictions in any robot exclusion headers on the Content or the banpay platform or bypass or circumvent other measures employed to prevent or limit access to the platform;
- remove (or permit anyone else to remove) any watermarks, labels or other legal or proprietary notices included in the banpay platform or the Content;
- modify or attempt to modify (or permit anyone else to modify or attempt to modify) the banpay platform for the purpose of disguising or changing any indications of the ownership or source of the banpay platform;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted to or through the banpay platform or impersonate another person or organization or misrepresent their affiliation with a person or entity;
- attempt to, assist, authorize or encourage others to circumvent, disable or defeat any of the security features or components, such as digital rights management software or encryption, that protect the banpay platform or the banpay services;
- copy, reproduce, modify, translate, distribute, transfer, sell, publish, broadcast, perform, transmit, license or circulate in any form any part of the banpay platform or the Content;
- license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the banpay platform;
- create derivative works based on the banpay platform, services or the Content, in whole or in part, or decompile, disassemble, reverse engineer or other exploit any part of the banpay platform, its services or the content;
- use or access the banpay platform in a manner that violates the rights (including, but not limited to contractual, intellectual property or proprietary rights) of any third party; or
- upload to or transmit through the banpay platform any information, images, text, data, media or other content that is offensive, harmful, tortuous, hateful, obscene, defamatory or violates any laws or is otherwise objectionable, in each case as determined by banpay in its sole discretion.
Marketing, Alerts and Access to Mobile Devices
- Alerts. banpay may from time to time provide automatic alerts and voluntary banpay account-related alerts. Automatic alerts may be sent to you following certain changes to your account or information, such as a change in your registration information. banpay may add new alerts from time to time or cease to provide certain alerts at any time upon its sole discretion. You understand and agree that any alerts provided to you through the banpay platform or services may be delayed or prevented by a variety of factors. banpay may make commercially reasonable efforts to provide alerts in a timely manner with accurate information, but cannot guarantee the delivery, timeliness, or accuracy of the content of any alert. banpay will not be liable for any delays, failure to deliver or receive, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert.
- Access to Mobile Devices. We may provide features that rely on the use of additional information on your mobile device or require access to certain services on your mobile device that will enhance your use of the banpay platform and services but are not required to use most services. If you grant access to such services, our access will only be for the purposes set out when you grant such access.
Content and Intellectual Property.
- banpay Content. The banpay platform and all content contained therein (excluding User Content), is owned or licensed by banpay and protected by copyright, trademark and other intellectual property laws. banpay expressly reserves all rights, titles and interests in the banpay platform, its content and all other materials provided by banpay in connection with these Terms and Conditions that are not specifically granted to you. You acknowledge that all right, titles and interests in the banpay platform, content, and all other materials provided by banpay in connection with these Terms and Conditions, and any modification or derivative work thereof, and all intellectual property rights therein, including without limitation moral rights, will remain with banpay (or third party suppliers or licensors, if applicable), and that the banpay platform, content and all materials provided by Neo hereunder are licensed and not “sold” to you.
- Use of banpay Content and User Content by other Users. You may only use banpay content and user content of others for the applicable Permitted Use. If you print extracts from the banpay platform for your own personal, non-commercial use, you must not modify the digital or papers of such materials or use any graphics, pictures, photographs or videos separately from any accompanying text.
Terms on Submissions and Other User Content.
- Creating Submissions and Other User Content. Through the capabilities of the banpay platform you may be able to provide ratings/reviews, suggestions, or other feedback (“Submissions”). Submissions are a subset of User Content. In additional to any and all representations and warranties set out in these Terms and Conditions, in creating and posting any Submissions (or other User Content), you represent and warrant that you will not post or transmit to or from the banpay platform any material or content which does or may: (i) breach any applicable local, provincial, territorial, federal, national or international law; (ii) be unlawful or fraudulent; (iii) amount to unauthorized advertising; (iv) contain any defamatory, obscene or offensive material; (v) promote violence or discrimination; (vi) infringe the intellectual property rights of another person; (vii) breach any legal duty owed to a third party (such as a duty of confidence); (viii) promote illegal activity or invade another’s privacy; (ix) give the impression that they originate from us; or (x) be used to impersonate another person or to misrepresent your affiliation with another person. You will be solely liable for any damages of any kind resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of Submissions or other User Content to the banpay platform.
- Status of Submissions on the banpay Platform. We reserve the right to remove or edit at any time any Submissions or other User Content posted, uploaded or transmitted to the banpay platform that we determine breaches the restrictions in the User Content section above or is otherwise objectionable or may expose us or any third parties to any harm or liability of any type, or for any reason. Any Submissions on the banpay platform is for information purposes only and does not constitute advice from us or the opinions of any banpay members. User Content may reflect the opinions of Customers who have ordered through the banpay platform and any statements, advice or opinions provided by such persons are theirs only. Accordingly, to the fullest extent permitted by law, neither banpay nor its members assume any responsibility or liability to any person for any User Content, including any mistakes, defamation, obscenity, omissions or falsehoods that you may encounter in any such materials.
- Public Display of Submissions. You acknowledge that banpay may choose to provide attribution of your Submissions (for example, listing a date, User’s name and province or territory of residence on a User’s rating or review that you submit) at banpay’s discretion, and that such User Content may be visible to other Users and visitors to the banpay platform. You acknowledge and consent to banpay using your given name and province or territory of residence in association with your Submissions. All Submissions may be moderated before we publish them. We may do this to make sure that Submissions fit our content guidelines.
- Content and Intellectual Property.
Advertising and Third Party Websites
- Advertisements. If you elect to have any business dealings with anyone whose products or services may be advertised on the banpay platform, you acknowledge and agree that such dealings are solely between you and such advertiser and you further acknowledge and agree that neither banpay nor its members will have any responsibility or liability for any losses or damages that you may incur as a result of any such dealings.
- Links. The banpay platform may provide links to third-party websites and such links are provided solely for your convenience. If you use these links, you will leave the platform. We have not reviewed and do not control any of these third-party websites (and are not responsible or liable for these websites or their content or availability). We do not endorse or make any representation about these websites, their content, or the results from using such websites or content. If you decide to access any of the third-party websites linked to or from the banpay platform, you do so entirely at your own risk and are subject to the terms and conditions applicable to those websites. banpay reserves the right to prohibit or remove (or require you to remove) any link to the banpay platform, including any link which contains or makes available any content or information of the foregoing nature, at any time.
Availability and Updates
The banpay platform and its service may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons. banpay may periodically add or update the information and materials on the platform without notice. While we try to ensure the banpay platform is normally available twenty-four (24) hours a day, we do not undertake any obligation to do so, and neither banpay nor its members will be liable to you if the banpay platform is unavailable at any time or for any period.
- Viruses. The downloading and viewing of the banpay platform or the Content is done at your own risk. banpay cannot and does not guarantee or warrant that the platform or the Content are compatible with your computer system or that the platform or the Content, or any links from the platform or the Content, will be free of viruses, worms, malware, trojan horses or disabling devices or other code that manifests contaminating or destructive properties. You are responsible for implementing safeguards to protect the security and integrity of your computer system, and you are responsible for the entire cost of any service, repairs or connections of and to your computer system that may be necessary as a result of your use of the banpay platform.
- Security and Communications. banpay does not guarantee the confidentiality of any communications made by you to or through the banpay platform. Although banpay generally adheres to the accepted industry practices in securing the transmission of data to, from and through the banpay platform, you understand, agree and acknowledge that banpay cannot and does not guarantee the security of data transmitted over the Internet or public networks in connection with your use of the platform. By accessing the banpay platform, you acknowledge that banpay is not responsible or liable for any damages or losses you may suffer as a result of your electronic transmission of confidential or sensitive information to us.
- Content. While we try to ensure that information on the banpay platform is correct, we do not promise it is accurate or complete. We may make changes to the Content, including prices and offers, at any time without notice. The Content may be out of date, and we make no commitment to update that material.
- Advice and Content Disclaimer. No Content should be relied upon as legal, accounting, financial, tax or other professional advice.
- Additional Costs. You assume full and sole responsibility for any additional or associated costs that you may incur in connection with or as a result of your use of the banpay platform, including costs relating to the servicing, repair or adaptation of any equipment, software or data that you may own, lease, license or otherwise use.
No Implied Warranties; Limitations of Liability
- No implied warranties. The banpay platform and the content are provided “as is” without warranty or condition of any kind. to the fullest extent permitted by law, banpay disclaims all warranties, representations, and conditions of any kind with respect to the banpay platform and the content whether express or implied, including implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement or that the banpay platform or the content are or will be error-free or will operate without interruption.
- Exclusion of Damages. In no event will banpay and its affiliates, and their respective shareholders, officers, directors, agents, representatives, employees, parents and subsidiaries (the “banpay parties”), be liable, whether based on warranty, contract, tort, negligence, strict liability, civil liability or any other legal theory, for any damages of any kind (including direct, indirect, incidental, consequential, special, exemplary or punitive damages, lost profits, loss of revenue, loss of use, loss of data, personal injury, fines, fees, penalties or other liabilities), whether or not banpay is advised of the possibility of such damages, resulting from or related to the use of, or the inability to make use of, the banpay platform, or the content.
- No Responsibility for Merchants. Merchants offering products or services through the banpay platform are independent persons or organizations and not representatives, agents or employees of banpay. the banpay parties are therefore not liable for the acts, errors, omissions, representations, warranties, contractual breaches or negligence of any merchants or for any personal injury, death, property damage, or other damages, loss or expenses resulting therefrom and takes no responsibility whatsoever for the products or services offered by merchants.
- Limitation of Liability. In no event will the total aggregate liability of the banpay parties in connection with or under these terms and conditions, including in connection with your use of, or inability to make use of, the banpay platform or the content exceed CAD $100.00 (one hundred Canadian dollars). For greater certainty, the existence of one or more claims under these terms and conditions will not increase the maximum liability amount.
- Allocation of Risk. The limitations above reflect a fair allocation of risk which banpay would not make the banpay platform available to users. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose.
- Related Parties. In this Section 10, all references to “banpay” include affiliates of banpay, as well as the shareholders, officers, directors, representatives, agents, and employees.
Indemnity. You agree to defend, indemnify and hold
harmless all banpay Parties from and against any threatened
or actual claims, causes of action, demands, recoveries,
losses, damages, fines, penalties, costs, expenses or other
liability of any kind or nature including but not limited to
reasonable legal fees, incurred in connection with or as a
- Your breach of these Terms and Conditions or any documents referenced herein.
- Your violation of any law or the rights of a third party (including proprietary and/or intellectual property rights); or
- Your breach of, or failure to, perform in respect of any offers redeemed by you or by any third party acting on your behalf or with your permission.
- Assuming Defense. banpay reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder, and you will cooperate as fully as reasonably required by banpay.
- Indemnity. You agree to defend, indemnify and hold harmless all banpay Parties from and against any threatened or actual claims, causes of action, demands, recoveries, losses, damages, fines, penalties, costs, expenses or other liability of any kind or nature including but not limited to reasonable legal fees, incurred in connection with or as a result of:
Governing Law and Dispute Resolution
- Governing Law. This Agreement shall be governed by and interpreted in accordance with the laws of the province or territory in which you reside and you agree to submit to the jurisdiction of the courts of the province or territory in which you reside. These laws apply to your access to, or use of, the banpay platform its services offered through the platform, or the Content, notwithstanding your domicile, residency or physical location. The banpay platform, its services and the Content are intended for use only in jurisdictions where they may lawfully be offered for use.
Dispute Resolution Process.
- banpay has established a complaint and dispute resolution policy and process for its customers (“Complaint Resolution Policy”). If you have any dispute, controversy or complaint (each, a “Dispute”) regarding the banpay platform or these Terms and Conditions, please request them via email at [email protected] or [email protected].
- Except to the extent restricted by applicable law, you and us agree that you and us will resolve any Dispute on an individual basis. Any claim you may have must be brought individually, in your individual capacity and not as a representative plaintiff or class member, and you will not join such claim with claims of any other person or entity, or bring, join or participate in a class action lawsuit, collective or representative proceeding of any kind (existing or future) against any members of banpay.
- Nothing in this Section will prohibit us from seeking interim measures from a court, including preliminary or injunctive relief of breach of any intellectual property rights.
- Interpretation. Unless the context clearly requires otherwise: (a) references to the plural include the singular, the singular the plural, the part the whole; (b) “including” means “including, without limitation”; and (c) references to relate to these Terms and Conditions “hereunder” or “herein”. The section headings in these Terms and Conditions are for reference and convenience only and will not be considered in the interpretation of these Terms and Conditions.
- Entire Agreement. These Terms and Conditions and any documents incorporated by reference herein constitute the entire agreement between banpay and you pertaining to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and banpay with respect to the banpay platform, except as otherwise stated herein.
- Notices. banpay may, in its sole discretion, provide any notices to you in connection with these Terms and Conditions through the banpay platform or by email at the then-current email address for you on file with banpay. banpay may be contacted in writing at: BanPAY (CA) Ltd. 535 Yates St, Suite 311, Victoria BC, V8W 2Z6. banpay may change its notice contact information from time to time by posting updated contact details on the banpay platform.
- Force Majeure. banpay will not be liable to you for any failure of or delay in the performance of its obligations under these Terms of and Conditions for the period that such failure or delay is due to causes beyond banpay’s reasonable control, including but not limited to acts of God, natural disasters, power outages, internet disconnectivity, war, strikes or other labor disputes, embargoes, government orders or any other force majeure event.
- General. banpay’s failure to insist upon or enforce strict performance of any provision of these Terms and Conditions will not be construed as a waiver of any provisions or right of banpay. If any of the provisions contained in these Terms and Conditions are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, the provision will be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of these Terms and Conditions will remain in effect. These Terms and Conditions and all related documents have been drafted in the English language at the express request of the parties. Les présentes modalités ainsi que tous documents s’y rattachant ont été rédigés en langue anglaise à la demande expresse des parties. You may not transfer any of your rights or obligations under these Terms and Conditions without our prior written consent. We may transfer any of our rights or obligations under these Terms and Conditions without your prior written consent to any of our affiliates or in connection with any joint ventures, sales, or acquisitions.
535 Yates St, Suite 311
Victoria, BC V8W 2Z6