Terms of Use

Please read these terms and conditions before using this Service. By continuing to use the Site, you agree to the Terms of Use.

INTRODUCTION

Welcome to the Payactiv App and our website payactiv.ca, collectively called the “Site”. Payactiv Canada, Inc. (“we”, “us” or “our”) provides the Site and the information and services offered on the Site to you, subject to the following Terms of Use (“TOU”). By using the Site, you agree to be bound by these TOU. We may, in our sole discretion, modify these TOU with or without notice to you. Please continue to periodically review these TOU when using the Site. By continuing to access and use the Site after these TOU have been modified, you are agreeing to such modifications. In addition, when accessing information and or using particular services or features on the Site, you shall be subject to any posted guidelines or rules applicable to such information and services or features that may be posted from time to time, including, without limitation, any new features or functionality (including, without limitation, video and related projects) that augment or enhance the information, services or features. All such guidelines or rules are hereby incorporated by reference into these TOU.

PLEASE READ THESE TOU CAREFULLY. BY ACCESSING OUR SITE AND ANY OF ITS PAGES, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MUST LEAVE THE SITE NOW. IF AT ANY TIME YOU DO NOT AGREE WITH ANY OF THE TOU, YOU MUST IMMEDIATELY CEASE YOUR USE OF THIS SITE.

DESCRIPTION OF SERVICE

The Site and the information, features and services available through the Site may be referred to herein collectively as the “Service”. Unless explicitly stated otherwise, any new features or services that augment or enhance the Service in the future shall be considered part of the Service and subject to these TOU. We shall not be responsible or liable for the accuracy, completeness, usefulness or availability of any information or other content, data, text, URLs, graphics, audio and video clips, advertising or any other materials (collectively, the “Content”) transmitted or made available via the Service. We shall not be responsible or liable for any decisions made in reliance on such information.

REGISTRATION / ENROLLMENT

You may be required to register for and create an account with the Service in order to access certain information, products, services, and features offered through the Service. As part of the registration and account creation process, you will select a password and provide us with certain registration information. You are solely responsible for maintaining the confidentiality of your password(s) and for all usage or activity on your account, including the use of your account by any person using your password(s). If you choose to register with the Service or otherwise provide personal or other information to the Service, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by the Service’s enrollment process or other areas of the Service, and (b) maintain and promptly update such information to keep it true, accurate, current and complete. If you provide any information to us that is untrue, inaccurate, not current or incomplete, or if we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

As a condition of using the Service, you agree to the terms of Payactiv Canada, Inc.’s Privacy Policy, which may be updated from time to time. Any personal or other information you provide to us is subject to our Privacy Policy. A current version of the privacy policy may be viewed at payactiv.ca.

THIRD PARTY WEBSITES

The Service may provide links to websites or resources outside of the Site. Because we have no control over external sites and resources, you acknowledge and agree that we are not responsible for the availability of such sites or resources, and do not endorse and are not responsible or liable for any Content, advertising, goods, services or other materials on, available through or provided by such sites or resources. Your correspondence or business dealings with, or participation in promotions of, any websites that you find or link to through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such websites. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of links to such websites on the Service.

CONNECTING TO SOCIAL MEDIA WEBSITES

If you choose to use social media connect functions on the Site, you acknowledge and agree to abide by the relevant terms and conditions of each respective social media website that we may utilize. The terms and conditions for the social media websites may be found on each respective social media website.

This function is intended to enable us to connect with social media websites so that you can send newsfeeds about your activities to each of these websites. Such social media websites may also be able to use information about action you take on our Site.

However, note that where you choose to publish information on the interactive parts of our Site outside of these privacy settings, or in any way other than through a social media website, that information will not be protected by us. It is information in the public domain, which may be accessed by any person using the Web in any part of the world and can be found using independent search engines. If you choose to post information to the interactive parts of our Site in this manner, you do so at your own risk

In addition, you acknowledge and agree that we are not responsible for the availability of these websites, or any other social media websites that we may add to the connect function, and do not endorse and is not responsible or liable for any Content, advertising, goods, services or other materials on, available through or provided by such websites or resources.

SUBMISSIONS

While we are always happy to hear from you, it is our policy not to accept or consider creative materials, ideas, or suggestions other than those we specifically request. This is to avoid any misunderstandings if your ideas are similar to those we have developed independently. Therefore, we must request that you do not send to us any original creative materials such as images, original artwork, etc. Any communication or material you do transmit to the Site by e-mail or otherwise will be treated as non-confidential and non-proprietary.

You shall be solely responsible for your own submissions, the e-mailing or posting of any content including, without limitations, photographs, illustrations, audio and video clips and the consequences thereof. You or a third-party licensor, as appropriate, shall retain all patent, trademark and copyright to any Content you submit, e-mail, post or display on or through the Service and you are responsible for protecting those rights and obtaining the required consents and authorizations, as appropriate. By e-mailing or posting any submission and Content to the Site or to us, you hereby grant us or our affiliates the worldwide, non-exclusive, irrevocable, transferable, royalty free and perpetual license to use or publish such submission and Content for any purpose, including, without limitations, reproduction, modification, disclosure, transmission, publication, distribution, creation of derivative works, broadcast and posting in any form, medium or technology throughout the world and in perpetuity without restriction or compensation to you. We are free to use, at our sole discretion, any ideas, concepts, know-how, or techniques contained in any Content or communication you send or submit to the Site or to us for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information.

You agree that you will use the Service in compliance with all applicable laws, rules and regulations. In addition, by submitting or posting any Content, you represent and warrant that you own or otherwise control all of the rights to the Content that you submit, e-mail or post; that all “moral rights” that you may have in such Content have been voluntarily waived by you; that the Content is accurate; and that use of the Content you supply does not violate this policy and will not cause injury to any person or entity. You agree to indemnify us and our affiliates for all claims of every kind and nature, known or unknown, resulting from (a) a breach of your representations, warranties or obligations set forth herein, (b) your actions or Content you supply, or (c) violation of any law or the rights of a third party, and hold us and our affiliates harmless from and against all damages, losses and expenses of any kind (including reasonable legal fees and costs) related to such claims. Furthermore, we reserve the right to refuse, accept, post, display, change, condense, delete or transmit any Content in our sole discretion.

We do not guarantee that you will have any recourse through us or our affiliates to edit or delete any Content you have submitted. We reserve the right to remove or to refuse to post any submission or Content for any reason. You acknowledge that you, not Payactiv Canada, Inc., are responsible for the contents of your submission. None of the Content that you submit shall be subject to any obligation of confidence on the part of Payactiv Canada, Inc., its agents, parent, subsidiaries, affiliates, partners or third party service providers and their respective directors, officers and employees. 

By submitting your e-mail address in connection with your submission or posting of any content, you agree that Payactiv Canada, Inc. and its third party service providers may use your e-mail address to contact you about the status of your submission and other administrative purposes.

POSTINGS/USER CONDUCT

Although we may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards, and the like on the Service, we are under no obligation to do so and assume no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the Service. You are prohibited from posting or transmitting any content or material that is, or may reasonably be considered to be, abusive, offensive, unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, hateful, racially or religiously biased or offensive, pornographic, or of a sexual nature, profane, illegal, threatening, harassing, intimidating to any person or entity that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting or transmitting any such information or materials.

You may not use the Service or the Site to:

• interfere with any other user’s use of the Service;
• conduct any unlawful activity;
• intentionally solicit or harm minors in any way;
• misrepresent your own identity or any affiliation that you may have;
• modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Service, Site or Content;
• alter or remove any copyright, trademark or other proprietary rights notices;
• “frame,” “mirror,” or “deep link” any part of the Site or Content;
• link to any page within the Site or Content from any website or webpage that makes any claims as to the curative or health enhancing powers of any substance, whether or not such substance is produced, marketed, sold or distributed by us.

We will not take responsibility or be liable for the conduct of any person who uses the Site, or for any loss or damage suffered by person as a result of the use of the Site.

MODIFICATIONS TO SERVICE

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

TERMINATION

We reserve the right, in our sole discretion, immediately and without notice to suspend or terminate these TOU, your account (if you have registered) and/or your ability to access the Site, for any reason including any breach by you of these TOU or conduct by you that we determine to be inappropriate. Without limiting the foregoing, if you post any images or Content to the Site that infringes the copyright of any third party, such conduct shall be grounds for immediate termination of your account.

OUR PROPRIETARY RIGHTS

You acknowledge and agree that the Service and any necessary software used in connection with the Service (the “Software”) contain proprietary and/or confidential information, Content and other materials that are protected by applicable intellectual property and other laws (including, without limitation, copyrights, trademarks, service marks and patents). You acknowledge that you do not acquire any ownership rights in any intellectual property through your use of the Site. Except as expressly authorized by us, you agree not to modify, rent, lease, loan, sell, distribute, create derivative works based on, or otherwise use the Software, the Service or any Content contained thereon, in whole or in part. In addition, you may not copy, reproduce, republish, upload, post, transmit or distribute materials from the Site in any way or manner without our prior written permission.

PAYACTIV, the accompanying logos, trade dresses and all other intellectual property on this Site is owned by Payactiv Canada, Inc.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ALL INFORMATION, CONTENT, SERVICES OR PRODUCTS OBTAINED THROUGH THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICE OR THE INFORMATION, CONTENT, SERVICES OR PRODUCTS INCLUDED OR OFFERED ON OR THROUGH THE SERVICE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. (B) WE MAKE NO WARRANTY THAT (I) THE SERVICE OR ANY INFORMATION, CONTENT, SERVICES OR PRODUCTS OBTAINED THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR ANY INFORMATION, CONTENT, SERVICES OR PRODUCTS PROVIDED THEREIN WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY SERVICES OR ANY INFORMATION, CONTENT, SERVICES OR PRODUCTS OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SERVICE WILL BE CORRECTED. (C) ANY MATERIAL OBTAINED FROM THROUGH THE USE OF THE SERVICE IS OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM OBTAINING ANY SUCH MATERIAL. (D) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR FROM OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE OR ANY PRODUCT OBTAINED THROUGH THE SERVICE; (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (III) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (IV) ANY OTHER MATTER RELATING TO THE SERVICE.

EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

NO PERSONAL ADVICE OR ENDORSEMENTS

The Site and its Content (including any postings, comments, e-mails or information provided by users) are for informational and entertainment purposes only, and is not intended to replace or substitute for any professional financial, medical, legal or other advice. In addition to the disclaimers and limitations of liability set forth in Sections ‎11, ‎12 and ‎13 above, we and our affiliates make no representations or warranties and expressly disclaim any and all liability in connection with any information offered or provided by users of the Site. 

NOTICE

The Service may provide notices to you including, without limitation, notices of changes to these TOU or other matters by displaying such notices or links to such notices to you generally on the Service.

GOVERNING LAW AND CHOICE OF FORUM

1. Except as otherwise required by applicable law, the Services and these Terms of Use will be governed by and construed in accordance with the laws of the Province of Ontario of and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle, or rule (whether of the laws of the Province of Ontario or any other jurisdiction) and notwithstanding your domicile, residence, or physical location.
2. Subject to applicable law, you agree that Payactiv and you require that the sole and exclusive forum and remedy for resolution of a covered Claim (as defined below) be final and binding arbitration pursuant to this Arbitration Agreement (the “Arbitration Provision”), unless you opt out as provided in subsection (c), below. This Arbitration Provision is governed by the Arbitration Act, 1991, S.O. 1991, c. 17  As used in this Arbitration Provision, “Claim” shall include any past, present, or future claim, dispute, or controversy involving you (or persons claiming through or connected with you), on the one hand, and Employer, Payactiv, and/or persons claiming through or connected with Employer and/or Payactiv, on the other hand, relating to or arising out of this Agreement, and/or the activities or relationships that involve, lead to, or result from any of the foregoing, including (except to the extent provided otherwise in the last sentence of subsection (g), below) the validity or enforceability of this Arbitration Provision, any part thereof, or the entire Agreement. Claims are subject to arbitration regardless of whether they arise from contract; tort (intentional or otherwise); a statute, common law, or principles of equity; or otherwise. Claims include matters arising as initial claims, counter-claims, cross-claims, third-party claims, or otherwise. You acknowledge and understand that you will not be able to bring or participate in a class action or act in any arbitration in the interests of the general public, or to act as a private attorney general. The scope of this Arbitration Provision (including the interpretation of this Arbitration Provision and the arbitrability of any Claim) is subject to arbitration and is to be given the broadest possible interpretation that is enforceable.
3. 11.2. You may opt out of this Arbitration Provision for all purposes by sending an arbitration opt out notice to Payactiv Canada, Inc., 700 Dorval Dr, #600, Oakville, ON, L6K 3V3, Canada, Attention: Legal & Compliance Department, which is received at the specified address within 14 days of the date of your electronic acceptance of the terms of this Agreement. You understand that your opt out notice must: clearly state that you are rejecting arbitration; identify the Agreement to which it applies by date; provide your name, address, account number, and a telephone number at which you can be contacted by Payactiv, and be signed by you. You understand that you may send the opt out notice in any manner you see fit as long as it is received at the specified address within the specified time. If the opt out notice is sent on your behalf by a third party, you understand that such third party must include evidence of his or her authority to submit the opt out notice on your behalf.
4. The party initiating arbitration shall do so with the ADR Institute of Canada (“ADRIC”). The arbitration shall be conducted according to, and the location of the arbitration shall be determined in accordance with Arbitration Rules of ADRIC, except to the extent the rules conflict with this Arbitration Provision or any countervailing law. In the case of a conflict between the rules and policies of the administrator and this Arbitration Provision, this Arbitration Provision shall control, subject to applicable law as determined by the arbitrator, unless all parties to the arbitration consent to have the rules and policies of the administrator apply. In the case the procedural rules and policies of the administrator are silent as to a procedural rule or policy, federal law based on the location of the arbitration shall govern. You may review the arbitration rules on the ADRIC website for the Arbitration Rules.
5. If you elect arbitration, you shall pay all the administrator’s filing costs and administrative fees (other than hearing fees), although you will not be required to pay any filing and administrative fees in an amount greater than either $250 or the filing fee that would apply had the matter been filed in a court presiding in the geographical area where the arbitration will be conducted. If you elect arbitration, filing costs and administrative fees (other than hearing fees) shall be paid in accordance with the rules of the administrator selected, or in accordance with applicable law if contrary to the administrator’s rules.
6. Any award by the individual arbitrator shall be final and binding, without any right of appeal including without limitation on a question of law, and may be entered as a judgment in any court of competent jurisdiction.
7. Employer and Payactiv agree not to invoke the right to arbitrate an individual claim you may bring in Small Claims Court or its equivalent limited economic jurisdiction court (covering claims of not greater than $10,000), so long as the Claim is pending only in that court. No arbitration shall proceed on a class, representative or collective basis (including as private attorney general on behalf of others), even if the claim or claims that are the subject of the arbitration had previously been asserted (or could have been asserted) in a court as class representative, or collective actions in a court. Any challenge to the validity of this paragraph 6 shall be determined exclusively by a court and not by the administrator or any arbitrator.
8. The arbitrator may award damages or other types of relief permitted by applicable substantive law.
9. This Arbitration Provision shall survive (i) suspension, termination, revocation, closure, or amendments to this Agreement or (ii) the bankruptcy or insolvency of any party or other person. If any portion of this Arbitration Provision is deemed invalid or unenforceable, the remaining portions of this Arbitration Provision shall be severed and shall nevertheless remain valid and in force. If an arbitration is brought on a class, representative, or collective basis, and any or all of the limitations on such proceedings are finally adjudicated to be unenforceable, then no arbitration of the matters subject to the unenforceable limitations, shall be had, and those matters instead shall be heard in court; however, this Arbitration Provision shall be enforced as to all matters that otherwise enforceable.

The parties acknowledge that they have a right to litigate claims through a court before a judge or jury, but they will not have that right as to any claim subject to arbitration pursuant to this arbitration provision.

GENERAL INFORMATION

These TOU constitute the entire agreement between you and us and govern your use of the Service, superseding any prior agreements between you and us. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. Any failure on our part to exercise or enforce any right or provision of these TOU shall not constitute a waiver of such right or provision. If any provision of these TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these TOU remain in full force and effect. You agree that except to the extent prohibited by applicable law, any claim or cause of action arising out of or related to use of the Service or these TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred.

CONTACTING US

If you have any questions or comments about these terms, please contact us at 1 807 808 6640 Monday – Friday between 6 a.m. and 6 p.m. (Vancouver time).