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Terms and Conditions

Use of the Varipay platform (“Platform”) dictates your acceptance of these terms and conditions (“Terms”). We reserve the right to amend these Terms at any point in time, and it constitutes a binding agreement between the (“User”) and Varipay who ultimately govern the utilization of the Platform. By accessing, installing, or using the platform, you agree to be bound by these Terms and Conditions. If you do not agree with this, then you should cease from using the platform immediately.

Platform Functionality

Varipay is a platform that gives its Users the ability to send payments using their email address. Users can also pay for goods, services, and send requests for payments by using the Varipay Platform.


Eligibility

The Varipay Platform is only permitted to be used by those age 13 years or older. If the User is below the age of majority within their individual jurisdiction of residence, but still 13 years or older, then these Terms and Conditions would need to be reviewed by the Parents or Guardians of the User to ensure they understand and agree to be legally bound by these Terms and Conditions. The User, or the Parent/Guardian of the User warrants that

1. She/he is not present in a country that is subjected to any US Government embargo.

2. Has been designated by the US Government as a country that “supports terrorism.”

3. She/he is not detailed on a US Government list of restricted or banned parties.


Apple and Android Terms and Conditions; Varipay Policies

These Terms and Conditions supplement and incorporate the following:

1. Any other Varipay policies that are posted at www.varipay.com (“Varipay Website”).

2. The Apple and Android Inc. (“Apple and Android”) Terms and Conditions which are posted at www.Apple and Android.com/legal/internet-services/itunes/ca/terms.html#apps. This is inclusive of (with no limitation) the Licenced Application End User Agreement therein (“Apple and Android Terms and Conditions”).

If there are any of the provisions of the Apple and Android Terms and Conditions or any other applicable Varipay policies conflict with these Terms, then these will dictate solely to the limitations that such Terms and Conditions are applicable to the Application.


User License

Varipay authorizes the User a non-exclusive, non-transferrable, limited, revocable and personal license to utilize the Platform for use only on a device which is controlled or owned by the User as allowed by the rules of usage that are contained within the Apple and Android Terms and Conditions, in compliance with the terms of the User Licence. Any utilization of the Platform for any other reason or in any other manner that may include, without limitation, transfer, resale, changes or the distribution of the platform or pictures, text, barcodes, data, barcodes, video, displays, hyperlinks or other content which is linked with the Platform, herein known as (“Content”) is forbidden.


This User Licence and the associated Terms also dictate any updates to, replacements, or supplements for, this Platform unless a separate set of Terms and Conditions accompany such supplements, updates or replacements. In this scenario, then the Terms supplied separately will be applicable.



Payments – Mobile

Users who download the Platform to a mobile device may also choose to utilize specific features of the Platform which enable the User to use their device to buy Varipay products in accordance with the Varipay Terms and Conditions or any other allowed methods of payment, herein known as (“Mobile Payment”). The Mobile Payment is accepted at all Varipay retail locations and in certain Varipay licensed stores. At any point in time, Varipay reserves the right to cease Mobile Payment options or alter the location or number of stores that accept Mobile Payment.


Email Communications

If a User creates a Varipay account using the Platform, the User will be given a chance to opt-in to promotions via email from Varipay. The User can opt-out of email communications from within the settings in their individual profile.


User Data

The features of the Varipay Platform, including: location-based features, mobile payments and e- gifting could require access to the address book of the User and might need the transmission of data provided by the User, including, passwords, usernames, email addresses, addresses, financial data (credit card information), or GPS location. If certain Platform features are selected by the User, then this selection deems consent to the transmission of the required data to Varipay and/or any agents or third-parties as required to carry out processes, recording and storage of the User data as required for those Platform features along with the purpose as outlined in the Varipay privacy statement.

If Platform features are chosen which allow the User to transmit messages or e-gifts to third parties, permission needs to be obtained to provide their personal data such as their email address and name to Varipay and the Platform. The User is only permitted to transmit messages or send e-gifts to friends with whom there is voluntary communication with, and where a personal relationship exists, this includes family members, common-law partnerships or adoptions. The Varipay Platform will utilize such data to contact the intended individual in order to perform the delivery. It remains the responsibility of the User for maintaining the confidentiality and safety of any User data that is stored or transmitted on any device for the purposes of the Varipay Platform for any transactions or activities undertaken with any Varipay card that is registered to the User, whether that be unauthorized or authorized. The User will agree to inform Varipay immediately of any transactions which are unauthorized which are linked to Varipay, including mobile payments or any other potential security breach. Varipay will not be held responsible for any losses as a result of theft or loss of user data that is stored or sent on a device from fraudulent or unauthorized transactions linked to the Varipay Platform.


Acceptable Use Policy

The use of the Varipay Platform, associated content and User data that is transmitted in relation to the Platform is limited to the intended functionality of the Platform. Under no circumstances should the Platform be utilized in such a manner that:


1. Abuses, harasses, threatens, stalks, defames or in any other way violates or infringes the rights of any party, including any other proprietary or publicity rights.

2. Is fraudulent, deceptive or unlawful.

3. Utilizes or launches any system that operates automatically which includes, but is not limited to automated spiders, offline readers or robots to access Varipay or Varipay content.

4. Utilizes technology or any other means to gain access to Varipay or Varipay content that is not permitted by Varipay

5. Does not comply with any relevant third-party terms and conditions, including, but not limited to the Apple and Android Terms. Varipay reserves the right to terminate, at its discretion, any User Licence, any users participation in Mobile payments, remove related content, or assert any legal action with regards to the use of the Platform or the content, which includes Mobile payment, that Varipay believes, or has reason to believe is violating any part of the Terms and Conditions, the Apple and Android Terms, or any other applicable Varipay policies. Any failure or delay to take action on the part of Varipay does not constitute a waiver of any rights to enforce these Terms and Conditions.

6. Try to introduce computer code, such as viruses, or files/programs that could limit, destroy or otherwise interrupts the correct functioning of any hardware, software or equipment for telecommunications.

7. Try to gain access to the Varipay user accounts or computer network without authorization.

8. Violate these Terms and Conditions or any other agreement you might have with Varipay.

9. Any attempt to disable, overburden, damage or otherwise impair the Varipay network or servers.

10. Engage in behavior that would surmount to a criminal offense or which could give rise to liability


Indemnification

Upon request by Varipay, the User will agree to indemnify, defend and hold harmless Varipay, its parent and other companies that classified as affiliates of the Varipay brand, along with their contractors, employees, officers and/or directors from any and all damages, suits, claims, fines, lawsuits, liabilities, penalties, expenses which could occur as a result of the Users use or misuse of the Platform, this includes Mobile payments, violation of these Terms and Conditions or any of the rights of third-party organizations. Varipay can assume the exclusive control and defense of any matter otherwise subjected to indemnity by the User, in such an event, the User will oblige in asserting any defences which are available. In such a case where there is a third-party claim where their intellectual property is infringed as a result of the use of the Platform, Varipay shall be responsible for any required investigations, settlement, defense, and subsequent discharge of any intellectual property infringement claim or accusations.


Warranties; Disclaimers

Varipay provides the Platform to the User ‘AS IS, ’ and this Platform is utilized at his or her own risk. To the fullest extent which is allowed within the applicable law, Varipay disclaims all warranties, whether implied or expressed, this is inclusive of any warranties that the Platform is reliable, fit for purpose, merchantable, accurate, free from faults, non-infringing, and operates on an uninterrupted basis, that any such use of the Platform by the User is fully compliant with any laws that are applicable to the User, or that user data sent in connection with the Platform will be accurate, securely and successfully sent.


Without Limitation, the generality of the following, Varipay does not represent its warranty that:

1. The Platform will be functional without any error or interruption, nor will it be available.

2. The Platform will work on any device or with any software.

3. The use of the Platform will not infringe upon the rights of any individual person or party

4. The transmission of data to and from the Platform will be secure.

5. The use of the Platform will not damage your device, electronic files or software.

6. The utilization of the Platform, inclusive of, without limitation, the downloading and browsing of any content or data will not contain any worms, trojans, viruses, or other intrusive, disruptive or destructive elements.

7. Any of the services or products as detailed on the Platform are served in jurisdictions where they are permitted for sales legally. The data available on the Platform is not a solicitation or offer by any party to any party in any jurisdiction where a solicitation or offer cannot be made legally, or to anyone or any party to whom it is not legal to make a solicitation.


No Liability

In no event, will Varipay to the fullest extent permitted by applicable law shall:

1. Be liable to the User for any special, indirect, consequential, exemplary or incidental damages, inclusive of, without limitation, any damages as a result of loss of goodwill, loss, lost profits, corruption, theft or user data, the device malfunction or failure, inability to use the Platform. The only solution of the User is to stop using the Platform or to cease to participate in Mobile payments.

2. Be accountable or liable to the User with regards to use of the Platform including without any limitations the participation on Mobile payment.

Marks, Content, and Application

Varipay, the Varipay logo and other Varipay trademarks, graphics, service marks and any other visual imagery used in connection with the Varipay platform are registered trademarks of the Varipay Corp. as part of the Budtree Group and are utilized with Canada by Varipay under license. All other such marks which are utilized in relation to the Platform are the trademarks of their individual owners, therein Third Party Marks. The Varipay marks along with the aforementioned third-party marks are not permitted under International and Canadian Law to be replicated or used either in part or fill without first gaining the written consent of the associated trademark holder. The Platform and any associated content are fully-protected by trademark, patent, copyright, trade secret, laws, international treaties and other available proprietary rights and demands. There may be additional security elements that safeguard digital data only as permitted by Varipay or the content owner.


Jurisdiction and Governing Law

For Canadian Residents outside of Quebec, these Terms and Conditions are governed by the Province of Ontario and the laws of Canada. In respect to how these terms are applied, the parties irrevocably attorn to the jurisdiction of courts of the Province of Ontario. For those Canadian Residents within Quebec, these Terms and Conditions are governed by the laws of the Province of Quebec and therein the laws of Canada. In respect to how these laws are applicable, parties irrevocably attorn to the jurisdiction of courts of the Province of Quebec.


Alterations

Varipay reserves the right to alter or change these Terms and Conditions or any other Varipay policy that is related to the use of the Platform at any point in time and the sole discretion of Varipay, by amending these Terms and Conditions within the Platform or by revising the Varipay website. Your continual use of the Platform after such modifications to the Terms and Conditions or other Varipay policies will confirm your acceptance of such modifications.


General

If there is any element of provision of these Terms and Conditions that are either unenforceable or invalid by a court with competent and correct jurisdiction, the remainder of the provisions of these Terms and Conditions will be continued in full force and effect. No waiver or failure to exercise any element or provision of these Terms and Conditions shall be deemed a continuing waiver of such provision or any other provision as set out in these Terms and Conditions. You may not reassign these terms without first seeking prior consent, as they are fully binding upon you, your executors, heirs, successors, and beneficiaries. It is Varipay’s right to withhold consent at their complete discretion.


Language

By using the English version of the Varipay platform, the parties agree and acknowledge that they have required that this Agreement is presented and prepared in the English Language.