TERMS OF USE
TERMS OF USE
June 2020
PayDirect Billing Solutions Inc. ("PAYDIRECT") provides a transaction platform that facilitates financial transactions between Merchants and their customers ("Service" or “Services”).
The following Agreement describes the terms and conditions under which PAYDIRECT offers you access to its Services.
You must read, agree with, and accept all of the terms and conditions contained in this Agreement and our Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference, before you may use our Services. This Agreement replaces any prior agreements between you and us with regard to the subject matter of this Agreement. By clicking the "accept" button you agree with our Privacy Policy and the terms and conditions contained herein.
Definitions
In this Agreement:
"Bank" in this Agreement includes savings associations and credit unions as well as federal, state or provincially regulated financial institutions, unless otherwise specified.
"Bank Account" means your account at a Bank that holds the funds used to make a payment to a Merchant.
"PAYDIRECT", "we" "us" or "our" refer collectively to PAYDIRECT and its subsidiaries, unless otherwise stated.
"Merchants" include any business, association or organization accepting payments for goods, services, dues, membership or other fees through the use of PAYDIRECT Services.
"Transaction" means a payment to a Merchant that you authorize through the use of PAYDIRECT Services.
"You" or "your" means any person using the PAYDIRECT Service ("User").
General Terms
The PAYDIRECT Service is provided on an "as is" basis and is without any warranty or condition, express, implied or statutory. We specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. PAYDIRECT shall make reasonable efforts to ensure that the Services are processed in a timely manner but we make no representations or warranties regarding the amount of time needed to complete processing because our Services are largely dependent upon factors outside of our control, such as delays in the banking system. The User agrees that PAYDIRECT will not be liable for any actual or consequential damages arising from any claim of delay.
You agree to indemnify and hold PAYDIRECT, its affiliates and its and their respective officers, directors and employees harmless from any claim or demand whatsoever relating to or arising out of the PAYDIRECT Services.
PAYDIRECT reserves the right to suspend or refuse Service if any of the following circumstances are reasonably suspected: identity inconsistencies, fraud or attempted fraud towards PAYDIRECT, its affiliates and/or the Merchant, any attempt to violate laws, including anti-money laundering requirements or the security or privacy procedures of PAYDIRECT or its affiliates, insufficiently funded transactions, returned transactions for any reason whatsoever, charge-back of transactions, or any other act that is construed by PAYDIRECT, acting reasonably, as being undesirable or threatening to the Service.
To send money from your Bank account using our Service, you must have sufficient funds in your Bank Account to cover the amount of funds being transferred, plus any applicable fees.
You understand that your Bank may impose limits, dollar and otherwise, on the amount of money that you are allowed to send. These limits are subject to change without prior notice. You agree that PAYDIRECT is not responsible for any delays, losses or damages caused to you or any other person by the application of these limits or changes to such limits.
When a User transfers funds to a Merchant the entire transaction amount, plus any applicable fees, will be debited from the User’s Bank Account. You acknowledge that the Service is offered for Transactions in Canadian funds only.
PAYDIECT acts as a facilitator to help you make Transactions. To facilitate the processing of Transactions, PAYDIRECT will, during the payment clearing process, temporarily hold your funds in its bank accounts. You acknowledge that PAYDIRECT is not a bank and the Service is a payment processing service rather than a banking service, and PAYDIRECT is not acting as a trustee, fiduciary or escrow with respect to your funds.
Depending on the policies of the Merchant, a User may not be credited the payment made to the Merchant until the Merchant has verified settlement of the funds. In most cases the Merchant will credit the User instantly, and the User will have access to the goods and/or services being purchased.
By using the PAYDIRECT Services, you will be subject to payment of any applicable fees relating to Transactions.
PAYDIRECT reserves the right to change the fees it charges for its Services from time to time. Updates will be indicated on PAYDIRECT’s web page, and will be displayed on the PAYDIRECT’s approval page for the Transaction.
You acknowledge and accept that your Bank may charge fees for items such as: Transactions to and from your Bank Account, insufficiently funded transactions (NSF) and potentially other Bank service fees; which are all beyond the control of PAYDIRECT.
You are solely responsible for confirming the identity and legitimacy of the Merchant in any transaction. You agree that a payment paid to a Merchant is final and not reversible. Any disputes that arise between Users and Merchants relating to payments made, are not the responsibility of PAYDIRECT or its affiliates. You acknowledge and agree that PAYDIRECT does not make any guarantees, or accept any liability, regarding purchases made using the PAYDIRECT Service. You further acknowledge that PAYDIRECT makes no representations as to the quality, safety, or legality of the goods or services received, nor that the Merchant will provide the User with the goods or services purchased.
In the event that you have a dispute with one or more Merchants, you release PAYDIRECT (and our officers, directors, agents, affiliates and employees) from any and all claims, damages and demands of every kind and nature arising out of or in any way connected with such dispute.
The minimum transaction amount for payments to Merchants is set by the individual Merchants. However, we reserve the right to impose limits on all transfer amounts and frequency. We may change such limits from time to time without notice.
If you use the services of PAYDIRECT you must be at least 18 years of age. You agree specifically to allow PAYDIRECT or its affiliates to verify your identity and account information with your country’s bank systems as well as third party anti-fraud and identity verification services. For security reasons, when you contact our customer service department, you may be required to verify your identity.
You will not allow our Service to be used by any third party to perform any transactions or for any fraudulent or illegal purpose or to perform money-laundering transactions.
You agree to grant PAYDIRECT the right to access your Bank Account after you instruct us to make a payment and you consent to have your legal name made available as identification to Merchants whom you have paid through PAYDIRECT. You also agree that the bank clearing time may be dependent upon factors outside of our control, such as delays in the banking system.
You further acknowledge and agree that PAYDIRECT may keep record and share with certain third parties information about your User experience, such as login and interface screens, and other Service-related scripts for the sole purpose of monitoring and improving the performance of our Service and in such case PAYDIRECT shall not retain, transfer and/or sell your personal identifying information to any such third party.
Paydirectbillingsolutions.com, PayDirect Now, and all related logos, products and services described in the PAYDIRECT website, payment interface, or other communications are either trademarks or registered trademarks of PAYDIRECT, or its licensors, may not be copied, imitated or used, in whole or in part, without the prior written permission of PAYDIRECT. In addition, all page headers, custom graphics, button icons, and scripts are service marks or trademarks of PAYDIRECT and may not be copied, imitated, or used, in whole or in part, without the prior written permission of PAYDIRECT.
You agree that PAYDIRECT reserves the right to block access to any computer located in any jurisdiction in compliance with applicable law. You also agree that PAYDIRECT may block service to any computer that cannot be geographically located due to proxy servers, public proxies, anonymizers or any other connection that does not enable PAYDIRECT to geographically locate the originating computer.
If you use, or attempt to use the PAYDIRECT Service for other purposes including but not limited to tampering, hacking, modifying or otherwise corrupting the security or functionality of PAYDIRECT, the PAYDIRECT Services will be terminated and you will be subject to damages and other penalties, including, if applicable, criminal prosecution.
To the fullest extent permitted by applicable law, this Agreement and any other agreements, notices or other communications regarding your use of the Service ("Communications"), may be provided to you electronically and you agree to receive all Communications from PAYDIRECT in electronic form. Electronic Communications may be posted on the pages within the PAYDIRECT website and/or delivered to any e-mail address you provide to us. We urge you to retain a copy of any Communications for your records. All Communications in either electronic or paper format will be considered to be in "writing," and to have been received no later than five (5) business days after posting or dissemination, whether or not you have received or retrieved the Communication. PAYDIRECT reserves the right but assumes no obligation to provide Communications in paper format.
In accordance with the PAYDIRECT Privacy Policy, we will not sell or rent your personal information to third parties for marketing purposes without your consent. We will only collect, use, and share your Personal Information as described in the Privacy Policy. We store and process your Personal Information on computers located in Canada that are protected by physical as well as technological security devices. Our current Privacy Policy is available on the PAYDIRECT website. If you object to your information being transferred or used in this way, please do not use our Services.
PAYDIRECT reserves the right to refuse to transfer funds for transactions it deems suspicious or fraudulent.
PAYDIRECT, in its sole discretion, may terminate this Agreement, access to its website, or access to the Service without notice for any reason and at any time.
Liability and Error Resolution
PAYDIRECT, its affiliates and its and their respective officers, directors and employees are not liable to you for any losses, including direct, indirect, incidental, special, punitive or consequential losses or damages, loss of profits, damages for inconvenience, loss of revenue, loss of business opportunities or any other foreseeable or unforeseeable losses, arising from your use of the Service.
In case of errors or questions about your transactions, you should notify PAYDIRECT through application messaging, e-mail or telephone. Never include any passwords in email or messaging. Our customer service staff will never ask you to provide any passwords to them directly.
In case of errors or questions about your transactions you must: 1) Tell us your name and primary email address; 2) Describe the error or the transaction you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information; and, 3) Tell us the amount of the suspected error. If you tell us orally, we may require that you send your complaint in writing within ten (10) business days. We will tell you the results of our investigation within ten (10) business days after we hear from you, and will correct any error promptly. If we need more time, however, we may take up to forty-five (45) calendar days to investigate the complaint or question.
In case of unauthorized transactions, payment problems, errors or questions about your account, you should notify PAYDIRECT through application messaging, e-mail or telephone.
This Agreement is subject to change at any time without notice.