Terms & Conditions

These User Terms of Service (“Terms”) outline the legal terms and conditions on which WayPay agrees to grant Payers and Recipients (collectively “Users”) use of WayPay Services via  www.waypay.ca (the “Website”) and form an integral part of the WayPay Service Agreement. WayPay may amend this Schedule at any time to reflect changes in the Services provided, increase security precautions, or to ensure ongoing compliance with industry laws and regulations. Such Amendments will be posted on the Website and you will be provided with the opportunity to review these terms with each transaction or subscription renewal. Revised versions will be effective immediately upon posting, however, changes will not apply retroactively. If you do not agree to the modified terms of this Agreement, you must discontinue your use of the Services. Any questions regarding this Agreement should be directed to support@waypay.ca.
 
1.0 The WayPay Services
 
1.1 Services Description
 
WayPay enables Payers to quickly consolidate various Funding Methods in order to meet their payment obligations to various Recipients and provides flexibility to Recipients as to how they receive their payments. For access to, and continued use of such Services, WayPay will charge Users Service Fees, either individually assessed at the time of each use, or by way of monthly subscription fees.
 
Supported Funding Methods for Payers include credit cards and pre-authorized debits from a bank account. WayPay may change their accepted Funding Methods at any time. WayPay cannot be held responsible for any change of Funding Methods and reserves the right to make such changes at any time. If WayPay no longer accepts a particular Funding Method and the User submits a payment via that Funding Method, WayPay will make all reasonable efforts to inform the Payer and payment will not be processed. WayPay does not operate or manage a rewards program or issue credit, or credit cards although submitting payments through WayPay may earn you rewards from your issuing bank or other parties.
 
1.2 WayPay Recipients
 
Users may request information about the Payer or Recipient from WayPay at time of Funding or Receipt, but only in relation to that specific transaction. The type of information requested is subject to change at any time and may include but is not limited to your name, business address, phone number, and invoice number. As further outlined in our Privacy Policy (www.waypay.ca/policy), Users agree to allow WayPay to share this collected, transaction specific information with the corresponding Payers or Recipients at the time of your transaction.
 
In addition to the terms and conditions contained in this Agreement, Payers also agree to be bound by all terms and conditions of the Recipients. Specifically, WayPay Service Fees are governed by the terms and conditions of this Agreement, while Recipient payments (once transmitted to them) are governed by the contractual terms between Payer and Recipients. While using WayPay Services, Payers and Recipients both acknowledge and agree that WayPay is acting only as an intermediary and is not a party to any transaction between them. Accordingly, WayPay assumes no responsibility and will have no liability of any kind whatsoever in respect of dealings between Payers and Recipients including the adequacy of any payments made, the proper and timely delivery of goods or services provided by Recipients nor for the timing of the receipt of payments to Recipients. WayPay in no way endorses, recommends and/or bears any responsibility or liability for any products, services or statements made by Recipients and will not allow Payers to reverse any payments made once approved and authorized. Any representations or opinions expressed by Payers or Recipients are not representative of WayPay or WayPay Parties.
 
1.3 System Availability
 
WayPay will use commercially reasonable efforts to make the Services available at all times except for: (a) planned downtime, or (b) any unavailability due to Force Majeure, but makes no representation that it will be always available. Planned downtown and routine maintenance and updates may result in temporary unavailability of the Platform and temporary inability to initiate or investigate payments and WayPay will attempt to notify pending Payers and pending Recipients in advance of any scheduled downtime on the Website but will have no liability to you or any third party in respect of your inability to access the Platform or Services at any time.
 
1.4 WayPay Mobile: Website, Applications and SMS
 
The mobile website and SMS communication allow Users to access many of the Services through a mobile device. If you use the mobile website you are responsible for any fees that your service provider charges for SMS, data services, etc. Your service provider is not the provider of the Services offered by WayPay.
 
2.0 Eligibility and Usage
 
2.1 Eligibility Requirements
 
In order to use the Services, (i) you must be an individual person at least 18 years of age and able to form legally binding contracts under applicable law or an authorized officer of an active Corporation (ii) you must have a valid and active e-mail address, and (iii) you must have a valid deposit account and or credit card if a Payer. Other restrictions may apply.
 
2.2 Identity Authentication & Privacy
 
Personal Data provided through accessing the Website and using the Services will be governed by our Privacy Policy located at www.waypay.ca/privacy . To help the government fight terrorism and money laundering activities, WayPay obtains, verifies, and sometimes stores certain Personal Data. You authorize WayPay, directly or through third parties, to make any inquiries we consider necessary to verify your identity. This may include asking you for further information, requiring you to take steps to confirm ownership of your email address or financial instruments, and verifying your Information against third party databases or through other sources. If WayPay cannot verify your identity, WayPay reserves the right to deny you use of the Services. For more information, please review our Privacy Policy.
 
2.3 Usage Limitations
 
You agree that you will not provide access to the Services to any party other than yourself, and you will take reasonable precautions to safeguard your password and other authentication details and keep them confidential. You agree to use the Services only for lawful purposes.
 
3.0 Acceptable Use
 
3.1 Restricted Activities
 
In connection with your use of our website, your Account, or the Services, or in the course of your interactions with WayPay, or a third party, you will not:
 
Breach this Agreement or any other agreement or policy that you have agreed to with WayPay;
Violate any law, statute, ordinance, or regulation (for example, those governing financial services, consumer protections, unfair competition, anti-discrimination or false advertising);
Infringe WayPay’s or any third party’s copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy;
Act in a manner that is defamatory, trade libelous, threatening or harassing;
Provide false, inaccurate or misleading information;
Send or receive what we reasonably believe to be potentially fraudulent funds;
Refuse to cooperate in an investigation or provide confirmation of your identity or any Information you provide to us;
Use an anonymizing proxy;
Maintain multiple Accounts or use multiple Accounts simultaneously. Multiple Accounts and dual login sessions may be deactivated by WayPay;
Create or attempt to maintain a joint Account;
Use the Services in a manner that results in or may result in complaints, Disputes, Claims, Chargebacks, fees, fines, penalties and other liability to WayPay, a third party or You;
Use the Services on behalf of another party without authorization from such party;
 
Supply WayPay with outdated, false, inaccurate, or incomplete information;
Have a credit score from a credit reporting agency that indicates a high level of risk associated with your use of the Services;
Use your Account or the Services in a manner that WayPay, or members of the electronic funds transfer network reasonably believes to be an abuse of the card system or a violation of card association or network rules;
Provide yourself a cash advance from your credit card (or help others to do so);
Take any action that imposes an unreasonable or disproportionately large load on our infrastructure;
Facilitate any viruses, Trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or Information;
Use any robot, spider, other automatic device, or manual process to monitor or copy our website without our prior written permission;
Use any device, software or routine to bypass our robot exclusion headers, or interfere or attempt to interfere, with our website or the Services;
Take any action that may cause us to lose any of the services from our Funding processors, or other suppliers;
Use the Services other than for legitimate transactional purposes (e.g.,. to test and probe credit card behaviors);
Use the Platform to operate or engage in any business regulated by the Financial Transaction and Reports Analysis Centre of Canada or Crimes Enforcement Network (FinCEN) or any other relevant regulatory body. Such businesses include but are not limited to money service businesses or virtual currency exchanges;
Resell, re-skin, or otherwise distribute the Services – in part or in whole – to other individuals or businesses.

3.2 Your Liability
 
Breaches of this Agreement

You are responsible for all fees, fines, penalties and other liability incurred by WayPay, or yourself, or a third party caused by or arising out of your breach of this Agreement, including the items listed above and/or your use of the Services.

 
Liabilities to WayPay

You agree to reimburse WayPay for Transaction Fees and as well as any and all fines, penalties or other liabilities incurred by WayPay as a result of any Breaches referenced in 3.2.1, by automatic debit from your Default Account as directed by your Pre-Authorized Debit Direction or pursuant to your Subscription Agreement. The description for the Service Fee will read “WayPay Inc.” on billing statements.
 
If there are insufficient funds in your Default Account, WayPay reserves the right to debit Payer Transaction Fees from either the Funding Method at the time of your payment or any other Funding Account available to WayPay. Recipient Transaction Fees will be deducted from the payment before depositing Payments into the Recipient’s account or according to the Recipient’s Pre-Authorized Debit Direction as contained in the Recipients ‘Subscription Agreement.
 
If you do not have sufficient funds available to fulfill such payment via any account, WayPay will not complete the transaction requested and reserves the right to terminate your WayPay account.
 
Taxes

In addition to the WayPay Service Fees, Users are responsible for all applicable taxes, if any.
 
3.3 Actions by WayPay
 
If we have reason to believe that you have engaged in any Restricted Activities, we may take various actions to protect WayPay, a third party, or you from fees, fines, penalties and any other liability. The actions we may take include but are not limited to the following:
 
We may close, suspend, or limit your access to your Account or the Services (such as limiting your ability to submit payments);
We may update inaccurate Information you provided us;
We may refuse to provide our Services to you in the future;
WayPay may close, suspend, or limit your access to your Account or Services;
WayPay may contact your bank or warn other Users, law enforcement, or impacted third parties of your actions;
We may take legal action against you.
WayPay, in its sole discretion, reserves the right to terminate access to its website, to your Account, or to the Services for any reason and at any time upon notice to you.
 
4.0 Making Payments
 
4.1 Immediate Payments
 
You can use Our Funding & Payment tool to submit payments through WayPay. Registration and a signed contract are required prior to submitting a payment request.
 
4.2 Refunds
 
All Recipient refund requests must be sent directly to the Recipient. If it is found that WayPay made an error through the submission process, WayPay will refund User’s Transaction Fees but will incur no further liability.
 
4.3 Scheduled Payments
 
Scheduled Payments can be created via our “Funding & Payment Scheduler”, available only to registered and logged in Users. A Scheduled Payment specifies one or more future dates on which a specific payment will be automatically charged to your Funding Method and sent to a Recipient. An example of a Scheduled Payment is signing up for a service where you agree to allow WayPay to directly initiate a payment each month for that particular service you have purchased. When you create a Scheduled Payment, WayPay is not required to provide any notice ahead of the Processing Date of such a payment. The Processing Date should be at least seven (7) Business Days before the Due Date to ensure that there is enough time to complete the payment prior to the Due Date. Scheduled Payments must be assigned to a saved Funding Method, whose expiration date does not fall after the last Scheduled Payment Processing Date.
 
4.4 Cancelling Scheduled Payments
 
You may cancel a Scheduled Payment without penalty at any time up to seven (7) Business Days prior to the Scheduled Payment Processing Date. Once WayPay has begun processing a Funding request it cannot be canceled.
 
4.5 Funding & Payment Limitations
 
For regulatory compliance purposes only, WayPay reserves the right to impose limitations on the size, frequency, and time frame of Funding and Payments per User.
 
4.6 Funding & Payment Method Limitations
 
In order to manage its own regulatory risks, WayPay may limit the Funding and Payment Methods available for transactions.
 
4.7 Delivery of Funds
 
WayPay makes no guarantees, warranties, representations or commitments regarding when Payments will actually reach Recipients. You understand and agree that any timeline provided by WayPay regarding the delivery of funds is an estimate only. WayPay cannot be held responsible for any fees, penalties, or late payment interest charged to you by a Recipient or any third party as a result of a delay in delivery of funds.
 
WayPay is not responsible for any failure to complete or delay in completing any payment due to any of the following, but not limited to:
 
Your Funding Method does not contain sufficient funds or available credit to complete the payment or the charge is rejected or returned by your bank or financial institution;
The Recipient rejects or returns the payment for any reason;
Your equipment, software or any communications link is not working properly;
The Services are unavailable as indicated on our homepage and/or you know or we have informed you about the problem before you request the Services;
You have provided us with incorrect information about the Recipient you wish to pay;
The Recipient mishandles or delays handling or posting any payment we send;
Circumstances beyond our control (for example, Force Majeure) that prevent or delay the transfer or payment from being completed.
If we duplicate a Funding request or payment or process a payment for an amount higher than you requested or if we cause funds from your Funding Method to be directed to a Recipient which does not comply with your instructions, we will use commercially reasonable efforts to recover the incorrect payment from the Recipient. If we can recover the incorrect payment that was charged to your Funding Method, we will return the amount of the incorrect payment to you. However, in certain situations, we may have funded the incorrect payment from our own account. In that case, if the incorrect payment caused a credit to your account with the Recipient and we are unable to recover the incorrect payment from the Recipient, we will notify you of that fact and you will be responsible to make appropriate arrangements with the Recipient to receive a refund of the credit or have it applied against future balances. Under these circumstances, you are responsible to reimburse us for any funds we have paid to a Recipient on your behalf.
 
4.8 Fund Holds
 
At its sole discretion, WayPay may place temporary holds on payments to verify the identity of the User or Recipient, or the legality of a Payment Method or Recipient Payment. WayPay has the right to request more information regarding a payment before a hold is released. In addition to temporary holds, WayPay reserves the right to deny or reverse Fundings or payments at its own discretion, independent of availability of credit from financial institutions. You relieve WayPay of any liability you may incur, including but not limited to late fees, penalties, or interest, due to payments that are temporarily held, denied, or reversed.
 
4.9 Funding or Payment Inquiries and Discrepancies
 
Contact us immediately at support@waypay.ca if you think that a funding or payment shown on the statement for your
Account is in error or if you need more information about a transaction shown on your statement. If you think your statement is incorrect or you need more information about a transaction, we must hear from you no later than sixty (60) days after the transaction date. We will extend this period by a reasonable time if you can show that a delay resulted from your initial attempt to notify the bank or other financial institution where you have your Funding Method or payment account. To contact us about errors or questions or transactions email us at support@waypay.ca.
 
When you write or call us, you must:
 
Tell us your name and Account e-mail address (if you have registered for the Services)
Describe the transaction and/or transfer you are unsure about (Recipient name, Payment or Funding information, transaction date, transaction amount) and explain as clearly as you can why you believe it is an error or you need more information. If possible, please provide us with a confirmation number for the transaction.
Tell us the dollar amount of the suspected error.
If you tell us orally, or by electronic mail through the Services, we may require that you send your complaint in writing within ten (10) Business Days. If written confirmation is not received within ten (10) business days, WayPay will have no obligation or liability to make any corrections.
 
5.0 Fees
 
5.1 WayPay Service Fees
 
You understand and agree that WayPay breaks each transaction into two (Funding Request and Payment) in order to provide maximum flexibility for both Payers and Recipients. Therefore each of the Funding Request and a Payment Receipt incurs separate Service Fees. These fees may be paid, in whole or in part, by the Payer or Recipient, or shared by both parties at the Recipient as the Users may agree between them.
 
Service Fees may vary, depending upon factors including but not limited to choices by the Recipient, the Funding Method, and promotions run by WayPay. Individual Transaction Fees are subject to change at any time without prior notice and will be disclosed to you at the time each Funding submission and payment acceptance and Changes in Subscription Fees will be disclosed at the time of renewal of the Subscription term.
 
5.2 Foreign Payments
 
Foreign Payments are defined as a payment made to a Recipient located in a different country from the Funding Method was issued is (e.g., a credit card issued in Canada paying a Recipient in the United States). Foreign Payments may be subject to higher Service Fees, further reviews, and longer funding timelines. It is at the sole discretion of WayPay that any hold, review, or Service Fee increase may be imposed. WayPay will notify you if it intends to hold, review, or increase Service Fees on a foreign payment.
 
6.0 Disputes
 
6.1 Disputes regarding the Services, Platform, or Fee; Notice of Dispute
 
If a Dispute arises, our goal is to learn about and address your concerns and, if we are unable to do so to your satisfaction, to provide you with a neutral and cost-effective means of resolving the Dispute quickly. If you have a dispute with WayPay, you must send written notice to support@waypay.ca in order to provide WayPay with the opportunity to attempt in good faith to resolve the dispute with you through negotiation. If, after such time period, you and WayPay are unable to resolve the dispute, you may pursue the resolution of your dispute through arbitration pursuant to the terms in Section 6.3. Recipient
 
6.2 Disputes with a Recipient
 
Any dispute between you and a Recipient must be resolved by you and the Recipient. WayPay does not have any responsibility for, and cannot accept any liability for the actions of any Recipient. By using this Service, you agree to pursue all claims and disputes against a Recipient directly with the applicable Recipient.
 
If you have a dispute with one or more Recipients or other third parties, you release WayPay Inc. (and our officers, directors, agents, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes. If the Recipient does agree to charge back the Recipient payment, WayPay will do its best to facilitate repayment of the charge back through your account but will not refund the WayPay Service Fee, and may at its sole discretion, charge additional Service Fees if appropriate.
 
6.3 Arbitration
 
For any Claim (excluding Claims for injunctive or other equitable relief), the party requesting relief may elect to resolve the Dispute in a cost-effective manner through binding non-appearance-based arbitration. If a party elects arbitration, that party will initiate such arbitration through an established alternative dispute resolution (ADR) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
 
6.4 Governing Law
 
This Agreement will be governed by, and construed in accordance with the laws of the Province of Ontario. Each party hereby waives any right to jury trial in connection with any Dispute in any way arising out of or related to this Agreement.
 
6.5 Class Action Waiver
 
Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis and not in a class or representative action. Neither party to this Agreement will seek to have any dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.
 
6.6 No Waiver
 
Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
 
7.0 WayPay Limitation of Liability
 
7.1 Limited to Direct Damages Only
 
IN NO EVENT SHALL WAYPAY, OUR PARENT COMPANY, OUR SUPPLIERS AND OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS (COLLECTIVELY, THE “WAYPAY PARTIES”) BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR WEB SITE, OUR SERVICE, OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).
 
7.2 Limited to Total WayPay Services Fees
 
To the fullest extent permitted by law, and notwithstanding any other provision of this Agreement, the total liability, in the aggregate, of WayPay Parties, to the User and anyone claiming by or through the User, for any and all claims, losses, costs or damages, including legal fees and costs and costs of any nature whatsoever or claims expenses resulting from or in any way related to this Agreement from any cause or causes shall not exceed the total Service Fee received by WayPay Inc. under this Agreement. It is intended that this limitation apply to any and all liability or cause of action however alleged or arising, unless otherwise prohibited by law.
 
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages so the above limitation or exclusion may not apply to you. In such case, the liability of the WayPay Parties shall be limited to the greatest extent permitted under applicable law.
 
8.0 Disclaimer of Warranties
 
THE WAYPAY PARTIES PROVIDE OUR SERVICES “AS IS” AND WITHOUT ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
 
WayPay does not guarantee continuous, uninterrupted or secure access to any part of our Service, and operation of our site may be interfered with by numerous factors outside of our control. WayPay will make reasonable efforts to ensure that requests for electronic debits and credits are processed in a timely manner but WayPay makes no representations or warranties regarding the amount of time needed to complete processing because the Services are dependent upon many factors outside of our control, such as delays in the banking system. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimers may not apply to you.
 
9.0 Account Closure & Termination of Service
 
You may close your WayPay account at any time without notice or penalty by emailing WayPay at support@waypay.ca. All Scheduled Payments including recurring payments will not be processed once the Services are canceled. You may not close your Account to evade an investigation. You will remain liable for all obligations related to your Account even after the Account is closed.
 
If we close your Account or terminate your use of our Services for any reason, we will provide you with notice of our actions. If we limit access to your Account, we will provide you with notice of our actions and the opportunity to request restoration of access if appropriate in our sole discretion. Neither termination nor suspension shall affect your liability or obligations under this Agreement.
 
10.0 Indemnification
 
You agree to defend, indemnify and hold the WayPay Parties harmless from any Claim or demand (including legal fees) made or incurred by any third party due to or arising out of your breach of this Agreement and/or your use of the Services.
 
11.0 Consent to Electronic Disclosures
 
Because the Services are provided electronically, you must consent to WayPay providing important information electronically. WayPay will issue the following information and disclosures electronically on this Website or via electronic mail (“email”):
 
this Agreement
Any future changes to the Agreement
The WayPay Privacy Policy
Transaction history information, and
Any other notices, legal communications, or disclosures.
To receive this information electronically, and access and retain any disclosures received, you will need a computer with Internet access, and the ability to receive and read email. Please note that some web browsers may not be supported.
 
By proceeding with use of the Services:
 
You agree to receive information and disclosures electronically on this website and via email and confirm that you will download or print any disclosures for your records;
You acknowledge that you can access information that is provided electronically on this website and via email;
You are authorizing the delivery of disclosures regarding the Services electronically on this website and via email and providing your consent to receive electronic communications pursuant to the Electronic Signatures in Global and National Commerce Act and intend that this statute apply to the fullest extent possible;
You agree to receive emails regarding the Services.
You agree to be bound by our Privacy Policy, located at www.waypay.ca/privacy.
You can withdraw your consent to receive most electronic communications from WayPay by emailing us at support@waypay.ca or following the unsubscribe procedure contained in any electronic communication you receive from us. However, if you withdraw your consent, you will no longer be eligible to use certain aspects of the Services. Withdrawing your consent will not affect the validity of pending or completed payments.
 
If you wish to update your contact information at any time, log in to WayPay and click on “Settings”. Please note that if your contact information has changed you are required to update your information pursuant to our Privacy Policy.
 
12.0 General
 
12.1 Complete Agreement
 
This Agreement together with any other WayPay documents, policies and/or agreements referenced herein sets forth the entire understanding between you and WayPay with respect to the Services. The following sections of this Agreement and all other terms which by their nature should survive, will survive the termination of this Agreement: 7 (Disputes), 8 (Limitation of Liability), 8 (Disclaimer of Warranties) 9 (Indemnification) and 12 (General). If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
 
12.2 Intellectual Property
 
“WayPay.ca”, “WayPay”, “WayPay Inc.” and all logos related to WayPay, are either trademarks or registered trademarks of WayPay or its licensors. You may not copy, imitate or use them without WayPay’s prior written consent. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of WayPay. You may not copy, imitate, or use them without our prior written consent. All right, title and interest in and to the WayPay website, any content thereon, the Services, the technology related to the Services, and any and all technology and any content created or derived from any of the foregoing, is the exclusive property of WayPay and its licensors.
 
12.3 Feedback
 
In connection with your use of the Web Site and/or Services, you may elect to submit feedback, suggestions and/or other comments regarding the Web Site and/or the Services (collectively, the “Feedback”). WayPay may, in its sole discretion, decide to incorporate some or all of this Feedback into the Web Site and/or the Services. You hereby grant WayPay a worldwide, perpetual, nonexclusive, sub-licensable, royalty-free license to use, reproduce, distribute, transmit, disclose, display, modify and create derivative works of all such Feedback. You further represent and warrant that you have all rights necessary to provide WayPay the Feedback and that the use of the feedback by WayPay will not violate, infringe otherwise misappropriate any third party rights.
 
12.4 Third Party Web Sites

The Web Site may contain links to third-party web sites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of any materials on such External Sites. If you decide to access any External Sites, you do so at your own risk.

12.5 Assignment

You may not transfer or assign any rights or obligations you have under this Agreement without WayPay’s prior written consent. WayPay reserves the right to transfer or assign this Agreement or any right or obligation under this Agreement at any time.

12.6 Notices to You

You agree that WayPay may provide notices to you by posting it on the Website, emailing it to the email address listed in your Account, or mailing it to the street address listed in your Account. Such notice shall be considered to be received by you within 24 hours of the time it is posted to the Website or emailed to you unless we receive notice that the email was not delivered. If the notice is sent by mail, we will consider it to have been received by you three (3) Business Days after it is sent. You may request a paper copy of any legally required disclosures and you may terminate your consent to receive required disclosures through electronic communications by contacting WayPay as described in this Agreement (see Section 9). WayPay reserves the right to close your Account if you withdraw your consent to receive electronic communications.

12.7 Notices to WayPay

Unless otherwise stated in this User Agreement, notices to WayPay must be emailed to WayPay at support@waypay.ca

12.8 Severability

If any provision of this Agreement is held to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of this Agreement shall remain in full force and effect.

12.9 No Waiver

If WayPay fails or delays in exercising any right, power or remedy or to take action against any breaches of this Agreement, it does not mean that it waives its right at a later time to enforce the same.

Section 13 Definitions

“Account” or “WayPay Account” means an account that a User creates on the Website in order to register for use of certain Services
“Business Day” is every Monday through Friday, excluding statutory holidays in the USA and Canada.
“Chargeback” means a request that a cardholder files directly with his or her Credit Card Company or credit card issuing bank to invalidate a Funding request.
“Claim” means a claim filed directly against WayPay.
“Default Payment Method” means a Payment Method that you select to fund a payment.
“Dispute” means a dispute between a User and WayPay
“Due Date” is the date on which the payment is due, as reflected on your Recipient bill or statement. It is not the late date or grace period date.
“Fee” means the amount due to WayPay for use of the Services.
i. “Funding Request” is when a User requests that a payment be processed by electronic means.
j. “Force Majeure” means circumstances beyond WayPay’s reasonable control, including without limitation, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems or Internet service provider failures or delays
k. “Recipient“ refers to an entity being paid by the User
l. “WayPay,” ”we,” “us” or “our” means WayPay, its parent and/or subsidiaries.
m. “Funding Method” means a permitted Funding method used to fund a transaction through the Services, including but not limited to credit cards, debit cards or electronic funds transfer associated to a bank account.
n. “Personal Data” means any personally identifiable information concerning a User, including but not limited to the following: name, email address, billing/shipping address, phone number, and credit or debit card number.
o. “Platform” means our infrastructure and applications that enable use of the Services.
p. “Services” means all our products and services and any other features, technologies and/or functionalities offered by us on the Website or through any other means.
q. “Policy” or “Policies” means any Policy or other agreement between you and WayPay that you entered into on the WayPay website, or in connection with your use of the Services.
“Processing Date” is the date on which your Funding Method is debited, and the payment begins processing. You determine this date, based upon the Due Date.
“Provider” means any third party we use to provide the Services for you.
“Restricted Activities” means all forbidden and restricted activities in relation to your use of the Services including those specific activities described in Section 4.1 of this Agreement.
“Scheduled Payment” is a payment that has been scheduled through the Services but has not begun processing.
“Transaction” includes both a Funding Request and a Payment.
w. “User,” “you” or “your” means you and any other person or entity using the Service.
x. “Website” means the waypay.ca website, including all subpages and successor pages.