Introduction

This website is operated by Payment Source Inc. The terms “we”, “us”, and “our” refer to Payment Source Inc. The use of our website is subject to the following terms and conditions of use, as amended from time to time (the “Terms”). The Terms are to be read together by you with any terms, conditions or disclaimers provided in the pages of our website. Please review the Terms carefully and we encourage you to print or save a copy. The Terms apply to all users of our website, including without limitation, users who are browsers, customers, merchants, vendors and/or contributors of content. If you access and use this website, you accept and agree to be bound by and comply with the Terms and our Privacy Policy. If you do not agree to the Terms or our Privacy Policy, you are not authorized to access our website, use any of our website’s services or place an order on our website.

Use of our Website

You agree to use our website for legitimate purposes and not for any illegal or unauthorized purpose, including without limitation, in violation of any intellectual property or privacy law. By agreeing to the Terms, you represent and warrant that you are at least the age of majority in your state or province of residence and are legally capable of entering into a binding contract.

You agree to not use our website to conduct any activity that would constitute a civil or criminal offence or violate any law. You agree not to attempt to interfere with our website’s network or security features or to gain unauthorized access to our systems.

You agree to provide us with accurate personal information (as required), such as your email address, mailing address and other contact details in order to complete your order or contact you as needed. You authorize us to collect and use this information to contact you in accordance with our Privacy Policy.

General Conditions

We reserve the right to refuse service to anyone, at any time, for any reason. We reserve the right to make any modifications to the website, including terminating, changing, suspending or discontinuing any aspect of the website at any time, without notice.

We may impose additional rules or limits on the use of our website. You agree to review the Terms regularly and your continued access or use of our website will mean that you agree to any changes.

You agree that we will not be liable to you or any third party for any modification, suspension or discontinuance of our website or for any service, content, feature or product offered through our website.

Products or Services

All purchases through our website are subject to product availability. We may, in our sole discretion, limit or cancel the quantities offered on our website or limit the sales of our products or services to any person, household, geographic region or jurisdiction.

Prices for our products are subject to change, without notice. Unless otherwise indicated, prices displayed on our website are quoted in Canadian dollars.

We reserve the right, in our sole discretion, to refuse orders, including without limitation, orders that appear to be placed by distributors or re-sellers. If we believe that you have made a false or fraudulent order, we will be entitled to cancel the order and inform the relevant authorities.

We do not guarantee the accuracy of the colour or design of the products on our website. We have made efforts to ensure the colour and design of our products are displayed as accurately as possible on our website.

Verification Process

Please note that there is a verification process for first time users. Once you have been verified, this step will not be required again, unless the information is required to be updated by law. By registering, you agree that we may contact you by email or phone to complete the verification, or for other product or service related notifications that are non-commercial in nature. We will not contact you for any other reason and we will never sell nor share your personal information. If you do not wish to proceed with verification, you can continue to load your card in person at any Canada Post location or purchase your Online Payment Voucher in store at participating Now Prepay retailers with cash or debit.

Links to Third-Party Websites

Links to or from websites outside our website are meant for convenience only. We do not review, endorse, approve or control, and are not responsible for any sites linked from or to our website, the content of those sites, the third parties named therein, or their products and services. Linking to any other site is at your sole risk and we will not be responsible or liable for any damages in connection with linking. Links to downloadable software sites are for convenience only and we are not responsible or liable for any difficulties or consequences associated with downloading the software. Use of any downloaded software is governed by the terms of the license agreement, if any, which accompanies or is provided with the software.

Payments Using the Service

We reserve the right, in our sole discretion, to refuse payments, including without limitation, if we believe that you have made a false or fraudulent request, we will be entitled to cancel the request and inform the relevant authorities.

Failed or Unsuccessful Transactions Using Any Form of Payment

A successful transaction is a transaction which has been successfully processed. If we are unable to complete a payment instruction or request for any reason, (for example, insufficient funds), the transaction will not be completed and you will receive a failed or unsuccessful transaction notification that your payment has not been processed. Neither we nor any third party payment processor is liable for failed or unsuccessful transactions.

• Interac e-Transfer Payment

You may use the Service to make payments to fulfill your voucher order on our website or via our TopMeUp mobile application using Interac e-Transfer.

• Debit Card Payments - Moneris

You may use the Service to make payments to fulfill your voucher order on our website or via our TopMeUp mobile application using a Debit Card. In our TopMeUp mobile application, you may also opt-in to store your debit card information to enable repeat payment. The stored debit card will be identified by a cryptographically secure token from your device to initiate a transaction when you select to pay with the previously saved card.

Use Comments, Feedback, and Other Submissions

You acknowledge that you are responsible for the information, profiles, opinions, messages, comments and any other content (collectively, the “Content”) that you post, distribute or share on or through our website or services available in connection with our website. You further acknowledge that you have full responsibility for the Content, including but limited to, with respect to its legality, and its trademark, copyright and other intellectual property ownership.

You agree that any Content submitted by you in response to a request by us for a specific submission may be edited, adapted, modified, recreated, published, or distributed by us. You further agree that we are under no obligation to maintain any Content in confidence, to pay compensation for any Content or to respond to any Content.

You agree that you will not post, distribute or share any Content on our website that is protected by copyright, trademark, patent or any other proprietary right without the express consent of the owner of such proprietary right. You further agree that your Content will not be unlawful, abusive or obscene nor will it contain any malware or computer virus that could affect our website’s operations. You will be solely liable for any Content that you make and its accuracy. We have no responsibility and assume no liability for any Content posted by you or any third-party.

We reserve the right to terminate your ability to post on our website and to remove and/or delete any Content that we deem objectionable. You consent to such removal and/or deletion and waive any claim against us for the removal and/or deletion of your Content.

Your Personal Information

Please see our Privacy Policy to learn about how we collect, use, and share your personal information.

We have engaged Securefact Transaction Services Inc. (Securefact”) to provide verification services .To verify your identity, your personal information will be matched with the information from other third party sources. You also consent to your personal information being compared to records maintained by third parties, including telecom and other service providers, and you consent to those third parties providing personal information to us and our third-party suppliers for the purpose of identity verification. By clicking "I agree" and submitting your information, you confirm your consent to Securefact collecting, using, disclosing, and storing your personal information for the purpose of this verification.This is a soft inquiry and will not be visible to other financial institutions.

Anti-spam

You agree not to use unsolicited email, usenet, social media, message board postings, or similar methods of mass messaging (spam) to gather referral bonuses, if applicable. The use of spam to promote the service has strict negative consequences. We will immediately and permanently terminate the account of any user who has used unsolicited email to gain referrals. In addition, you may be subject to legal consequences under applicable law if you send unsolicited email. Our Anti-Spam Policy is intended to protect our community, the Internet, and us and our partners and third parties.

Identity Authentication

You authorize Payment Source, directly or through third parties, to make any inquiries we consider necessary to validate your identity. This may include asking you for further information that will allow us to reasonably identify you, requiring you to take steps to confirm ownership of your email address or financial instruments, ordering a credit report, or verifying your Information against third party databases or through other sources. We may also ask to see a form of government issued identification or other identifying documents at any time. If you use certain Services, we may have a legal requirement to verify some of your information. Payment Source reserves the right to close, suspend, or limit access to your Account and/or the Services in the event we are unable to obtain or verify this information.

Errors and Omissions

Please note that our website may contain typographical errors or inaccuracies and may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time, without prior notice (including after an order has been submitted). Such errors, inaccuracies or omissions may relate to product description, pricing, promotion and availability and we reserve the right to cancel or refuse any order placed based on incorrect pricing or availability information, to the extent permitted by applicable law.

We do not undertake to update, modify or clarify information on our website, except as required by law, or at our sole discretion.

Disclaimer and Limitation of Liability

You assume all responsibility and risk with respect to your use of our website, which is provided “as is” without warranties, representations or conditions of any kind, either express or implied, with regard to information accessed from or via our website, including without limitation, all content and materials, and functions and services provided on our website, all of which are provided without warranty of any kind, including but not limited to warranties concerning the availability, accuracy, completeness or usefulness of content or information, uninterrupted access, delays in transmission and any warranties of title, non-infringement, merchantability or fitness for a particular purpose. We do not warrant that our website or its functioning or the content and material of the services made available thereby will be timely, secure, uninterrupted or error-free, that defects will be corrected, or that our websites or the servers that make our website available are free of viruses or other harmful components.

The use of our website is at your sole risk and you assume full responsibility for any costs associated with your use of our website. We will not be liable for any damages of any kind related to the use of our website.

In no event will we, or our affiliates, our or their respective content or service providers, or any of our or their respective directors, officers, agents, contractors, suppliers or employees be liable to you for any direct, indirect, special, incidental, consequential, exemplary or punitive damages, losses or causes of action, or lost revenue, lost profits, lost business or sales, or any other type of damage, whether based in contract or tort (including negligence), strict liability or otherwise, arising from your use of, or the inability to use, or the performance of, our website or the content or material or functionality through our website, even if we are advised of the possibility of such damages.

Certain jurisdictions do not allow limitation of liability or the exclusion or limitation of certain damages. In such jurisdictions, some or all of the above disclaimers, exclusions, or limitations, may not apply to you and our liability will be limited to the maximum extent permitted by law.

Indemnification

You agree to defend and indemnify us, and hold us and our affiliates harmless, and us and our affiliates respective directors, officers, agents, contractors, and employees against any losses, liabilities, claims, expenses (including legal fees) in any way arising from, related to or in connection with your use of our website, your violation of the Terms, or the posting or transmission of any materials on or through the website by you, including but not limited to, any third party claim that any information or materials provided by you infringe upon any third party proprietary rights.

Exchange Rates

Best efforts are made to obtain the most accurate and timely exchange rates from Bank of Canada. We do not guarantee the accuracy, timeliness, reliability or completeness of this service from Bank of Canada. As a user, you acknowledge and agree that any reliance on or use by you of the exchange rates shall be entirely at your own risk. In no event shall we, nor any of our Processors be liable for any direct, indirect, consequential or exemplary damages arising from the use or the performance of the exchange rates provided by Bank of Canada.

Refund Policy

All sales are final. Sales are not refundable and not exchangeable. The delivered product is guaranteed to be as described and in working condition.

Age of Use

You must be 13 years or older to use our Service. For certain products, you must be age of majority in your province or territory of residence, or 13 or older with parent or guardian consent.

Language

It is agreed that this Agreement and all related documents, including notices, be drawn up in the English language only.

Code of Practice

Payment Source endorses the Canadian Code of Practice for Consumer Debit Card Services and is committed to maintaining and/or exceeding the level of customer protection for all its clients. Note: this is a voluntary code.

Entire Agreement

The Terms and any documents expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of the Terms and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing. Both you and we acknowledge that, in entering into these Terms, neither you nor we have relied on any representation, undertaking or promise given by the other or implied from anything said or written between you and us prior to such Terms, except as expressly stated in the Terms.

Waiver

Our failure to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision. A waiver by us of any default will not constitute a waiver of any subsequent default. No waiver by us is effective unless it is communicated to you in writing.

Headings

Any headings and titles herein are for convenience only.

Severability

If any of the provisions of the Terms are determined by any competent authority to be invalid, unlawful or unenforceable, such provision will to that extent be severed from the remaining Terms, which will continue to be valid and enforceable to the fullest extent permitted by law.

Governing Law

Any disputes arising out of or relating to the Terms, the Privacy Policy, use of our website, or our products or services offered on our website will be resolved in accordance with the laws of the Province of Ontario without regard to its conflict of law rules.

Any disputes, actions or proceedings relating to the Terms or your access to or use of our website must be brought before the courts of the Province of Ontario in the City of Toronto, Ontario and you irrevocably consent to the exclusive jurisdiction and venue of such courts.

Questions or Concerns

Please send all questions, comments and feedback to us at topmeup@paymentsource.ca