PAYD Application Website Terms

When you access the pages of the Moneris Solutions web site relating to Payd (the “Site”) which is the property of Moneris Solutions Corporation (“Moneris”, “we”, “us” or “our”), you accept and agree to be bound by and comply with the terms and conditions which are described herein (the “Terms of Use For Payd Application”) and any legal terms, conditions, and disclaimers on other pages of the Site. If you do not accept the Terms of Use For Payd Application, you should immediately discontinue the use of the Site.

Content
The information, including pricing information, provided in the pages of the Site (the “Information”) is believed to have been accurate when posted on the Site, but Moneris cannot guarantee that the Information available on the Site will be accurate or complete or current at all times.

The Terms of Use For Payd Application may be changed at any time without notice. You agree to review these terms and conditions regularly and to be bound by any such changes. Moneris may change or withdraw products, services and/or Information that are described, made available or provided on the Site, at any time without notice.

In the event of a discrepancy between the Terms of Use For Payd Application and any merchant agreement or other processing agreement between you and Moneris, the terms of the merchant agreement or other processing agreement will prevail.

Security
You acknowledge that the Internet is not entirely secure and the confidentiality of information cannot be guaranteed. Any information transmitted via the Internet may be intercepted by third parties. We assume no liability for interception, alteration or misuse of information transmitted over the Internet or for any damages which may arise when using the Internet to apply for Moneris services.

You agree to be responsible for:
(a) Maintaining the confidentiality of any personal identification numbers or password identifiers which you choose or are assigned as a result of any application process on the Site;
(b) All activities that occur under such personal identification numbers or password identifiers;
(c) Notifying Moneris of any unauthorized use of your personal identification numbers or password identifiers or any other breach of security;
(d) Ensuring that you exit from your account at the end of each session; and
(e) Ensuring that you do not save your information on any computer in a manner which is accessible by third parties.

You have sole responsibility for taking protection of data and/or equipment, and for taking appropriate precautions to scan for computer viruses or other destructive properties.

Any unprotected email communication over the Internet is, as with communication via other media (e.g. cellular phones), not secure or confidential, subject to possible interception or loss, and possible alteration. You should not send any confidential, proprietary or sensitive information via these media. We are not responsible for and will not be liable to you or to anyone else for any damages in connection with an email or text message sent by you to us.

Liability
Moneris provides the Site and the Information on an “as is, where is” basis and does not make any express or implied warranties or representations with respect to the Site or the Information, including without limitation, warranties as to merchantability, operation, non-infringement, usefulness, completeness, accuracy, currency, reliability and fitness for a particular purpose. Further, Moneris does not represent or warrant that the Site will be available and meet your requirements, that access will be uninterrupted, that there will be no delays, difficulties in use, defects, incompatibility, failures, errors, omissions or loss of transmitted information, that no viruses or other contaminating or destructive properties will be transmitted, or that no damage will occur to your computer system.

Moneris is not responsible, and will not be liable to you or anyone else, for any damages whatsoever and howsoever caused (including direct, indirect, incidental, special, consequential, exemplary or punitive damages) arising out of or in connection with the Site or the Information, or your ability or inability to access or use the Site or the Information, or any action or decision made by you in reliance on the Site or the Information, or any errors or omissions from the Site or the Information, or any unauthorized use or reproduction of the Site or the Information, even if Moneris has been advised of the possibility of these damages.

General
The Terms of Use For Payd Application, the Information and the Site will be governed by the laws of the Province of Ontario and the laws of Canada applicable therein. Each party submits to the exclusive jurisdiction and venue of the courts of Ontario, located in Toronto, in order to enforce any provision of these Terms of Use For Payd Application, the Information or the Site, and for any action or suit arising out of these Terms of Use For Payd Application, the Information or the Site. Il est la volonte expresse des parties que cette convention et tous les documents s’y rattachant soient rediges en anglais.

You agree that clicking on certain buttons stating “I agree”, “proceed”, “apply”, “confirm”, “submit” and any other similar descriptions will constitute your signature.