Terms & Conditions

1. General Provisions

a. This User Agreement (“Agreement” ) is effective as of August 1, 2023. It describes the terms by which you will be bound when you use the services accessible at www.zooberpay.com ( “Service” ). Do not use the Service if you do not agree to be bound by these terms. By using the Service you agree to all of the terms contained in this User Agreement.

b. As used throughout this Agreement, the terms “ZooberPay” , “we” , “us” , and “our” refer to AF Global Payment Technologies Inc., a Canadian Federal Corporation, together with its employees, directors, successors, and assignees. The terms “you” and “your” refer to users of the Service, whether as Senders or Recipients.

c. The terms “you” and “your” refer to users of the Service, as Senders, Recipients, other users or visitors to the website.

d. These Terms and Conditions are effective from the date on which you first access, register or use the Service. The Terms and Conditions may change from time to time.

e. The Service was created to assist customers to send money to their family and friends, and to receive money from family and friends, around the world.

2. Definitions

In these Terms and Conditions:

“App” means ZooberPay’s mobile application for the sending of Payment Requests and/or Transaction Requests, and/or, where available.
“Business Day” means any day on which we are open for business for the execution of Transaction Requests and/or Payment Requests.
“Destination Country” means the country in which the Payee receives money through the Service.
“Instruction” means a Payment Request and/or a Transaction Request.
“Payment Instrument” means a valid instrument of payment such as a bank account, debit card or credit card.
“Payment Request” means a specific instruction from you to a Sender requesting a Transaction.
“Prohibited” means activities which involve narcotics, steroids, pharmaceuticals, chemicals, drug paraphernalia, tobacco, seeds, plants, animals, military or semi-military goods or services, weapons (including dual-use goods), adult services or content, bitcoin or other cryptocurrency, binary options or gambling services or any other activities that are prohibited by ZooberPay’s policies as amended from time to time.
“Recipient” means a Payee to whom the funds are being sent to.
“Remittance” means the Money transfer to the intended beneficiary by the sender.
“Sender” means someone who uses the Service to send money.
“Services” means Money Transfer.
“Service Fee” means ZooberPay’s fee plus any additional charges or Local Taxes applicable to each Transaction, which ZooberPay may charge, in its sole discretion in accordance with applicable laws, as may be described in these Terms and Conditions, and on the ZooberPay website from time to time.
“Service Provider” means a local bank, money exchange house, or other third party service providers (e.g. Payment Aggregators) in the Destination Country with whom ZooberPay works to provide the Service.
“Transaction” means the transfer of money or the remittance.
“Transaction Amount” means the amount of money excluding any applicable Service Fee and prior to any foreign exchange conversion.
“Transaction History” means the record of your Transactions on our website which you may access using your email and password registration details.
“Transaction Request” means a specific instruction from you requesting us to send money or AirTime Top Up to a Payee through the Service.
“Website” means ZooberPay’s web portal for (a) the sending of Payment Requests and/or Transaction Requests, and/or, where available.
“ZooberPay Wallet” means a function in the App or website which stores E-money in a non-interest bearing virtual account maintained by us for a Walletholder, and which provides such features as we may make available from time to time. These features may include (without limitation) the ability to:
(a) see the balance of funds held in that ZooberPay Wallet;
(b) load additional funds into that ZooberPay Wallet; and
(c) give instructions for E-money to be paid out of that ZooberPay Wallet for the transaction or cash it out back to the bank account of the sender. The funds cannot be transferred to any other ZooberPay wallet holder nor could be transferred to any one’s bank account except for the account holder/Wallet holder.

3. ZooberPay Obligations

a. Subject to these Terms and Conditions, we agree to provide the Service to you using reasonable care. You acknowledge that the service may not be available, in whole or in part, in certain regions, countries, or jurisdictions.

b. Subject to the Terms and Conditions of this Agreement, ZooberPay will accept each Transaction request as the customer’s instructions to pay, or to cause the beneficiary bank or another financial institution to pay, to a designated beneficiary, through its correspondent banks or other appropriate means, the amount of money specified in the request. ZooberPay reserves the right to seek and obtain further instructions from the customer by using the phone number or email address provided by the customer at the time of Signing up. Customer shall comply with all such requests, failing which ZooberPay may refuse to process the Transaction request. ZooberPay shall not be held liable to the customer or any other person for the non-verification of Payment requests

c. ZooberPay reserves the right to modify or discontinue the Service or any part of the Service without notice, at any time and from time to time.

d. We may, in our absolute discretion, refuse any Transaction Request or impose limits on the Transaction Amount. We may do so either on a per Transaction basis or on an aggregate basis, and either in respect of one set of registration details or one Payment Instrument or on related sets of registration details or Payment Instruments. We reserve the right, in our sole and absolute discretion, to change the Payment Instruments that we accept, at any time.

e. The delivery times to process the remittance orders received by ZooberPay quoted on our service levels or elsewhere on our website are representative for the “normal” / average service and are not a guarantee of an individual Service or Transaction time. The delivery time duration should be understood to have commenced only after a complete and accurate Transaction request and funds, including all fees and charges, are received from the customer. This duration is subject to change contingent on factors such as compliance hold, unavailability of service, etc.

f. We will attempt to process transactions promptly, but any transaction may be delayed or cancelled for a number of reasons including but not limited to: our efforts to verify your identity; to validate your transaction instructions; to contact you; or due to variations in business hours and currency availability; or otherwise to comply with applicable law.

g. We may send and receive notifications in relation to transactions by email and SMS or through the notification section of your profile on ZooberPay website or App. We will provide you with information after receipt of a transaction Request enabling you to identify the transaction, along with details of the amount of the transaction in the currency used in the transaction Request, our Service Fee, exchange rate and the date on which the transaction Request was received.

h. We will attempt to provide Senders and Recipients with up to date information regarding the location and opening hours of our Service Providers by means of information on our website. However, you agree that ZooberPay shall not be held responsible for any inaccuracies that may appear in that information or any consequential loss which may result from incorrect or incomplete information.

4. Your Obligations

4.1. You agree that:

4.1.1 you will not access, use or attempt to use the Service to provide any Instructions unless you are at least 18 years old, and that you have the legal capacity to form a
binding legal contract in any relevant jurisdiction;

4.1.2 for each Transaction Request that you submit, you will pay us the stated Service Fee in addition to the Transaction Amount. Payment becomes due at the time that you submit your Transaction Request. To the maximum extent permitted by law, the Service Fee is non-refundable unless expressly stated in these Terms and
Conditions. If you submit a Transaction Request that results in ZooberPay becoming liable for charges including but not limited to chargeback or other fees, you
agree to reimburse us for all such fees;

4.1.3 we may apply a convenience/miscellaneous fee for processing credit cards/debit cards/ Interac e transfer in at our discretion. If we charge such a convenience fee, it will be disclosed to you prior to your submission of the applicable Transaction Request;

4.1.4 in connection with your registration and use of the Service, you will:

a. provide us with true, accurate, current and complete evidence of your identity, and promptly update your personal information if and when it changes;
b. provide us with any identity documentations as may be requested by us;
c. provide us with details of one or more Payment Instruments;
d. provide us with true, accurate, current and complete information as we indicate on the website is required to receive the Service and any other information
which may be required in relation to the Recipient;
e. provide us with:
i. any other information that must be provided for a Transaction Request to be properly executed, as specified when you enter the details of the Transaction
you are interested in on our website; and
ii. such information relating to the Transaction as required to process the request.

4. 2. We do not accept any liability for loss or damages to you or any third party resulting from non-payment or delay in payment of a Payout Amount to a Payee or failure to perform any Instruction under the Service if you are in breach of your obligations listed in clause 4.1.

4.3 When you are using the Service under these Terms and Conditions, it is your responsibility to make sure all the details are accurate before submission. Once a
Transaction Request has been received it is not normally possible to change any details of that Transaction Request. You will be given the opportunity to confirm
Transaction Requests before submission and you must check the details carefully.

4.4 The total amount (the Transaction Amount, Service Fee and other applicable fees and charges) that you will be required to pay and the relevant exchange rate will
be displayed clearly before you are asked to confirm your Transaction and proceeding with the Transaction at this point is entirely optional.

4.5 When you pay a Transaction Amount in one currency and the Payout Amount is in another currency, there will be a difference between the exchange rate at which
we buy foreign currency and the exchange rate provided to you. ZooberPay and its Service Providers usually make a small profit in these circumstances. We
guarantee you the Payout Amount in local currency. The margin taken on foreign currency exchange covers our risk in guaranteeing this. If a Payee’s account is
denominated in a currency other than the currency you instructed us to make payment in there may be delays, additional charges or different exchange rates. The
Sender is therefore responsible for ensuring that the currency requested for the Transaction matches the currency of the account where the funds are to be
delivered.

4.6 ZooberPay will have no responsibility for any fees or charges you may incur by the use of a particular Payment Instrument to fund a Transaction. These may include but are not limited to “cash advance” fees and additional interest which may be imposed by credit card providers if they treat use of the Service as a cash transaction rather than a purchase transaction. It is your responsibility to consult your financial institution for information regarding any such fees or charges.

4.7 You will only use the Service to send a Transaction Amount to people that you know personally and not to pay for goods or services from third parties you do not
know and trust. You acknowledge that ZooberPay may refuse to process your Transaction Request where we believe you are using the Service to purchase goods
or services from third parties you do not know and trust or where we believe that the Service is being used, by you or the Recipient, in furtherance of fraudulent, illegal or Prohibited activities, or in violation of these Terms and Conditions. If you choose to pay third parties for goods and services using the Service, you acknowledge that ZooberPay has no control over, and is not responsible for, the quality, safety, legality, or delivery of such goods or services and that any such use
of the Service is entirely at your own risk.

4.8 Both you and the Recipient will only act on your own behalf. You may not submit an Instruction or receive a Transaction on behalf of a third person.

4.9 In using the Service you will comply with these Terms and Conditions as well as any applicable laws, rules or regulations. It is a breach of these Terms and Conditions to use the Service to send Transaction Amounts: (i) to a Payee who has violated the Terms and Conditions, or (ii) in connection with illegal activity including but not limited to money-laundering, fraud and the funding of terrorist organisations. If ZooberPay reasonably believes you are using the Service in connection with an illegal activity or for any fraudulent purpose, or are permitting a third party to do so, in addition to any actions it may take under these Terms and Conditions, ZooberPAY may report you to the appropriate legal authorities.

4.10 When using our website or the Service or when interacting with ZooberPay, with another user or with a third party, you will not:

4.10.1 breach these Terms and Conditions, or any other agreement between you and ZooberPay;

4.10.2 create more than one registration without our prior written permission;

4.10.3 provide false, inaccurate, or misleading information;

4.10.4 allow anyone else access to your registration details, and you will keep those details safe and secure;

4.10.5 refuse to provide confirmation of any information you provide to us, including proof of identity, or refuse to co-operate in any investigation;

4.10.6 use an anonymising proxy or device (including without limitation any tool that attempts to make activity untraceable); or

4.10.7 copy or monitor our website or any part of the Services using any robot, spider, or other automatic device or manual process, without our prior written
permission.

4.11 You acknowledge that nothing in these Terms and Conditions or in any other information provided by ZooberPay as part of the Service is intended to be, nor should it be construed to be, legal or other advice. If required, you agree to consult your own professional advisers as to the effects of Canadian or foreign laws which may apply to the Service.

5. Identification And Other Documents

Canadian federal and provincial law requires all financial institutions to assist in the fight against money laundering activities and the funding of terrorism by obtaining, verifying, and recording identifying information about all customers. We may therefore require you to supply us with personal identifying information relating to you and the Recipient and we may also legally consult other sources to obtain information about you and the Recipient.

ZooberPay may also request the customer to provide documents pertaining to the source of funds and any other document necessary to process the remittance request. Customer shall comply with all such requests, failing which ZooberPay may refuse to accept instructions from the customer or process the remittance/payment service request.

If the information you provide for your account is not satisfactory and does not meet our risk assessment criteria, we will deny you our service, and your money will be refunded via your original payment method.

We may provide information about you and your financial transactions to government authorities and law enforcement agencies. We reserve the right to report any suspicious financial transaction to the relevant government authorities, including law enforcement agencies.

You agree that ZooberPay, in its sole discretion, may terminate your account or use of the Site or the Services and remove and discard any content within the Site, at any time and for any reason. You agree that any actions taken under this section may be effected without prior notice to you.

6. Fees And Other Charges

Fees and other charges to be charged by ZooberPay will be assessed and determined at the time the transaction is created or finalized. ZooberPay reserves the right to change its fees and other charges from time to time without notice to the customer.

7. Payments To The Recipient

The customer acknowledges that payments are made solely on the basis of the name and account number or the wallet number of the beneficiary and the identification numbers of the banks and wallet providers specified by the customer, even if such numbers designate a different person or bank. Beneficiary names, account numbers or identification numbers of the bank that do not match records held by the beneficiary bank or any other financial institution can cause the funds to be returned, misrouted, or lost or result in delays in the receipt of funds. The customer acknowledges that ZooberPay shall not be held liable for any loss or damages resulting from any such errors or inconsistencies.

ZooberPay provides no guarantee with regards to when the beneficiary’s account will be credited. Funds may be delayed or services may be unavailable based on conditions such as, amount sent, country of destination, beneficiary bank and intermediary bank participation, regulatory/legal/compliance issues of any country, identification requirements, differences in time zones, bank hours of operation/holidays, etc. ZooberPay shall not be held liable in the event of the occurrence of any such conditions, sanctions, penalties, delays or non-payment.

ZooberPay may, at its option, provide the customer with passwords or other authenticating information to be used with each payment request. The customer is obligated to ensure all such information remains secure and confidential from unauthorized use or access.

When you submit a Payment Request, you are requesting that we process the Payment Request on your behalf and consenting to us contacting the Sender for these purposes.

The customer shall immediately notify ZooberPay if the information has been compromised or has been accessed or used by an unauthorized person. ZooberPay may, but is not obligated to, take reasonable measures to change the authenticating information or block access to the Service without prior notice to the customer or any other person. ZooberPay shall not be held liable for any loss or damages resulting from unauthorized access or use of the authenticating information. The customer shall cooperate with ZooberPay and any person of authority in the investigation of the unauthorized access or use of the authenticating information.

Cancellation of Payment Requests. Once we have received your Payment Request, you may not cancel it. In such circumstances you would need to contact the Sender separately, and explain that you require the Payment Request to be treated as cancelled. Please therefore ensure that your Payment Requests are legitimate, accurate and complete.

Cancellation of Transactions. The cancellation of Transactions shall be governed by, and dealt in accordance with these Terms and Conditions. You shall assist and co-operate with us in relation to all cancellation requests we receive from Senders after a Transaction has been initiated following your Payment Request. You shall, upon request from us, promptly refund to us or a third party of our choice (including the Sender) all monies you receive from Transactions where we reasonably believe that such Transactions have resulted from your use of the Services in contravention of these Terms and Conditions.

8. Refusals, Suspensions, Cancellations, Refunds And Terminations

8.1 PAY’S RIGHT TO REFUSE, SUSPEND OR CANCEL
We may refuse any Transaction Request, Payment Request or Transaction at any time for any reason (or cancel it where relevant). Notwithstanding this, we listed out out here some situations of when that may occur.

8.1.1 We may, in our absolute discretion, refuse or cancel Transaction Requests, Payment Requests or Transactions where we believe that the Service is being used, whether by you or the sending/receiving party, in furtherance of illegal, fraudulent or Prohibited activities.

8.1.2 We may, in our absolute discretion, refuse or cancel Transaction Requests, Payment Requests or Transactions to or from certain Senders or to or from certain Payees, including but not limited to entities and individuals on, or in jurisdictions on, restricted or prohibited lists issued from time to time by any government authorities, if we are required to do so by law, or where we have reason to believe processing the Transaction Requests would violate anti-money laundering or counter-terrorism financing laws and regulations. We may refuse to process a Transaction funded from certain Payment Instruments where we have reason to believe the security of the Payment Instrument has been compromised or where we suspect the unauthorised or fraudulent use of the Payment Instrument.

8.1.3 We may, in our absolute discretion, refuse or cancel Transaction Requests or Transactions if ZooberPay believes you are using the Service to purchase goods or services from third parties you do not know or trust.

8.1.4 We may, in our absolute discretion, refuse or cancel Transaction Requests, Payment Requests or Transactions if:

a. ZooberPay is unable to verify your identity;
b. ZooberPay is unable to verify the identity of the Recipient;
c. You do not comply with an information request(s) pursuant to information not provided to us that was sought by us as per our obligations under relevant laws, with regards to information or evidence relating to the purpose of a Transaction, as well as your identity and that of the Recipient.
d. ZooberPay reasonably believes you are using the Service, or allowing it to be used, in breach of these Terms and Conditions or any applicable laws, rules or regulations.

8.2 Where ZooberPay has refused or cancelled a Transaction Request, Transaction or Payment Request, ZooberPay may also, at its discretion, temporarily or permanently suspend your Registration.

8.3 Where ZooberPay temporarily or permanently suspends your Registration, or refuses or cancels a Transaction Request, Payment Request or a Transaction in accordance with this clause 8, ZooberPay reserves the right to retain any Service Fees already incurred.

9. Your Right To Cancel; Refunds

9.1 To the extent permitted by law, The customer understands and agrees that the request for Services is irrevocable and that ZooberPay shall not be obligated to accept a stop-payment order after receipt of an executed Payment request from the customer.

9.2 Notwithstanding clause 9.1 above, ZooberPay may, in its absolute discretion, attempt to cancel your Instruction if you have informed us that you wish to revoke it. In some cases, ZooberPay may have initiated an irreversible request for funds to be paid out to your Payee by a Service Provider and therefore cannot guarantee cancellation will be successful. For successful revocations ZooberPay will normally refund your money, less any reasonable revocation charges and any Service Fees already charged, within five (5) Business Days.

9.3 If you:
9.3.1 have any problems using the Service; or

9.3.2 are aware of any unauthorised or incorrectly executed Transactions;
you should contact us through the channels listed below without delay and in any event no later than 6 months after the date the Transaction Amount was debited, upon becoming aware of the unauthorised or incorrectly executed Transaction. A request for a refund must be submitted in writing (including by email) to one of the contact points listed at the bottom of these Terms and Conditions, giving the Sender’s full name, address, and phone number, together with the Transaction tracking number, Transaction Amount, and the reason for your refund request:

Contact Information for refund requests or further information should be sent to ZooberPay, as follows:
online at https://www.zoober.com/contactus
Email: Customercare@zooberpay.com

9.4 If we have executed the Transaction in accordance with the instructions you have provided to us, and that information proves to have been incorrect, we are not liable for the incorrect execution of the Transaction. We will however try on a best effort basis to recover the funds. We may charge you a reasonable fee, reflective of our efforts, to do so.

9.5 Where ZooberPay has executed the Transaction otherwise than in accordance with your Instruction, subject to written communication from Customer’s end informing ZooberPay of the same , ZooberPay will refund the full amount debited. Unless there are exceptional circumstances, no adjustment will be made for any currency fluctuations which may have occurred between the time you pay us the Transaction Amount and the time of credit.

9.6 Any refunds will be credited back to the same Payment Instrument used to fund the Transaction and in the same currency.

10. Confidential And Proprietary Information

10.1 Identification Program. Applicable Canadian federal and provincial law requires all financial institutions to assist in the fight against money laundering activities and the funding of terrorism by obtaining, verifying, and recording identifying information about all customers. We may therefore require you to supply us with personal identifying information relating to you and the Recipient and we may also legally consult other sources to obtain information about you and the Recipient.

10.2 Verification and Checks. We will verify your personal details in order to confirm your identity.. We may also need to verify the identity of a Recipient in the same way. All information provided by you will be treated securely and strictly in accordance with the applicable law. By accepting these Terms and Conditions you authorise us to make any inquiries we consider necessary to validate the information that you provide to us. We may do this directly, for example by asking you for additional information, or requiring you to take steps to confirm ownership of your Payment Instruments or email address; or indirectly, for example by verifying your information against third party databases or through other sources.

10.3 ZooberPay acknowledges that information obtained from the customer in connection with the Service may be confidential. ZooberPay will endeavour to maintain the confidentiality of such information in accordance with the Terms and Conditions of this Agreement, its Policies and Procedures for safeguarding information regarding customers, and any applicable laws and regulations of Canada. Notwithstanding the foregoing, ZooberPay may disclose confidential information provided by the customer if it is necessary to complete the transaction or in order to comply with any applicable law. Customer acknowledges that ZooberPay is under no obligation to notify the customer either prior to or after disclosing the confidential information.

The customer shall not use the confidential/proprietary information of ZooberPay for any other reason other than to use the Service. For more information, please read our Privacy Policy at www.zooberpay.com/privacy

11. Copyright Information

Restrictions on Use.

We grant you limited access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with our express written consent. This access does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent.

Intellectual Property
The Content featured on the Site and the Services, including information, software, text, design, images, video and audio, are owned by ZooberPay, its licensors, providers of such material are protected by international copyright, trademark, patent, trade secrets, and other intellectual property or proprietary rights laws.
ZooberPay permits personal use of the Sites and Services only. Content from this Site and the Services must not be reproduced, distributed, modified, made a derivative of, publicly displayed, publicly performed, republished, downloaded, stored or transmitted by a user.

Trademarks
Certain names, graphics, logos, icons, designs, words, titles, and phrases on this Site constitute trademarks, trade names, trade dress and associated products and services of ZooberPay or its affiliates or constitute trademarks, trade names, trade dress and associated products and services of ZooberPay’s suppliers or other third parties and are protected in Canada and internationally. Their display on this Site does not convey or create any license or other rights. Any use of reserved trademarks or Intellectual Property, in whole or in part, without the prior written authorization of ZooberPay, or such third-party, is strictly prohibited.

12. Warranty And Limitations On Liability

12.1 Where we have materially breached these Terms and Conditions causing a Sender loss, we will refund the Sender the Transaction Amount and the Service Fee.

12.2 If a Transaction is delayed or fails, or if an executed Transaction is not authorised, you may have a right to receive a refund or compensation under laws relating to the provision of international money transfer services. In the case of any unauthorised or incorrectly executed Transaction, any such right may be prejudiced if you do not notify us of the unauthorised or incorrectly executed Transaction without delay, or in any event within six months after the debit date. We will provide you with the further details of your rights to a refund or compensation if you contact us using the contact details at the end of these Terms and Conditions.

12.3 Any claim for compensation made by you must be supported by any available relevant documentation.

12.4 To the maximum extent permitted by applicable law, if any loss that you suffer is not covered by a right to payment under the laws referred to in clause 12.2, and subject to the applicable law, we will only accept liability for that loss up to a limit which is the greater of: (a) the amount of any Service Fee and (b) CAD 300, unless otherwise agreed by us in writing. The cap on our liability only limits a claim for loss arising out of any single Transaction or series of related Transactions, or (if a loss does not arise out of a Transaction or related Transactions) any single act, omission or event or related acts, omissions or events. This means that if, for example, you suffer loss by reason of our failure to perform our agreement with you under two unrelated Transactions, you might be able to claim up to CAD 600.

12.5 Subject to applicable law, we do not, in any event, accept responsibility for:

12.5.1 any failure to perform the Service (e.g. your Instruction) as a result of circumstances which could reasonably be considered to be due to abnormal and unforeseen circumstances or outside our control or due to our obligations under any applicable laws, rules or regulations;

12.5.2 malfunctions in communications facilities which cannot reasonably be considered to be under our control and that may affect the accuracy or timeliness of messages you send to us;

12.5.3 any losses or delays in transmission of messages arising out of the use of any internet or telecommunications service provider or caused by any browser or other software which is not under our control; or

12.5.4 errors on the website or with the Service caused by incomplete or incorrect information provided to us by you or a third party.

12.6 to the maximum extent permitted by applicable law, the services are provided “as is” and “as available”, without any representations, conditions or warranties whatsoever. zooberpay expressly disclaims, to the fullest extent permitted by applicable law, all other representations or warranties, whether express, implied, or statutory, including, without limitation, any warranties of title, non-infringement, non-interference and/or quiet enjoyment, system integration, merchantability, fitness for a particular purpose and accuracy.

12.7 Nothing in this clause 12 shall (a) exclude or limit liability on our part for death or personal injury resulting from our negligence; or (b) exclude our liability for fraud.

12.8 You understand and acknowledge that you are liable for all losses incurred in respect of an unauthorised Transaction or Instruction or any other unauthorised use of the Service, where you have acted fraudulently or negligently and you agree to be responsible for and hold harmless ZooberPay, our subsidiaries, affiliates, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders from all loss, damage, claims, actions or demands, including reasonable legal fees, arising out of your use or misuse of the website or Service, all activities that occur under your password or account e- mail login, your violation of these Terms and Conditions or any other violation of the rights of another person or party.

13. Governing Law And Jurisdiction

This Agreement shall be governed in accordance with the laws of Ontario, Canada. Each party hereto irrevocably attorns to the jurisdiction of the courts of Ontario.

14. Change In Terms And Conditions

ZooberPay may change the Terms and Conditions of this Agreement from time to time. The effective date will be the date the change is made unless noted otherwise.

15. Assignment

Neither this Agreement nor any rights or obligations hereunder may be assigned by the customer without the prior written consent of ZooberPay. ZooberPay may assign its rights under this Agreement.

16. Waiver

ZooberPay may waive enforcement of any of the Terms and Conditions of this Agreement. Any such waiver will not affect its rights with respect to any other transaction or modify the Terms and Conditions of this Agreement or the Service.

17. Electronic Communications

17.1 You acknowledge that these Terms and Conditions shall be entered into electronically, and that the following categories of information (“Communications”) may be provided by electronic means:

17.1.1 these Terms and Conditions and any amendments, modifications or supplements to it;

17.1.2 your records (e.g. of transactions) through the Service;

17.1.3 any initial, periodic or other disclosures or notices provided in connection with the Service, including without limitation those required by law;

17.1.4 any customer service communications, including without limitation communications with respect to claims of error or unauthorised use of the Service; and

17.1.5 any other communication related to the Service or ZooberPay

17.2 The Service does not allow for Communications to be provided in paper format or through other non-electronic means. You may withdraw your consent to receive Communications electronically, but if you do, your use of the Service shall be terminated. In order to withdraw your consent, you must contact us using our contact information at the end of these Terms and Conditions.

17.3 In order to access and retain Communications, you must have or have access to the following:

17.3.1 an internet browser that supports256 – bit such as Internet Explorer version 8.0 or above;

17.3.2 an e-mail account, e-mail software capable of interfacing with ZooberPay’s e-mail servers and the capability to read e-mail from ZooberPay, and a device and internet connection capable of supporting the foregoing; and

17.3.3 sufficient electronic storage capacity on your electronic device’s hard drive or other data storage unit; or

17.3.4 a printer that is capable of printing from your browser and e-mail software.

17.4 In addition, you must promptly update us with any change in your email address by updating your profile at www.zooberpay.com

18. Complaints

18.1 If you wish to make a complaint about any aspect of the ZooberPay service, please send your complaint in writing to the address shown on www.zooberpay.com/contactus.

18.2 We will acknowledge receipt of your complaint promptly. We will investigate your complaint and come back to you with the results of our investigation as soon as feasible after the receipt of our acknowledgement of your complaint.om

19. Security

We take security very seriously at ZooberPay and we work hard, using state-of-the-art security measures, to help make sure that your information remains secure. The ZooberPay Service is intended to be a safe and convenient way to send money to friends and family and to other people that you trust. However, we do advise you to consider very carefully before sending money to anyone that you do not know well. In particular, you should be very cautious of deals or offers that seem too good to be true – they may be scams. If you are aware of anyone or any entity that is using the Service inappropriately, please email us using our “Contact Us” form. Similarly, if you receive any emails, purporting to be from ZooberPay, which you suspect may be “phishing” (fake) emails, please forward them to us using our “Contact us” form.