Website Terms of Use

Last Updated: November, 2023

By accessing or using the website operated at https://vopay.com/en-ca and such other locations as made available from time to time (collectively, the “Site”) and the services offered through the Website, you (“you” and, together with all persons accessing or using the Website, collectively, the “Users”) signify that you have read, understand and agree to be bound by these Terms and Conditions (the “Terms and Conditions”) with VoPay International Inc. and VoPay Financial Canada Inc. (together “VoPay”, “us”, “we” or “our”), in all respects concerning the Website.

PLEASE READ THESE TERMS AND CONDITIONS AS WELL AS VOPAY’S PRIVACY POLICY LOCATED AT https://vopay.com/legal (THE “Website Privacy Policy”) CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE BUT ARE NOT LIMITED TO, VARIOUS LIMITATIONS AND EXCLUSIONS, AND INDEMNITIES.

VoPay has the right to revise the Terms of Use at any time without providing notice. Your continued use of the Site shall be deemed irrevocable acceptance of those revisions.  If you are not willing to be bound by each and every term or condition, or if any representation made herein by you is not true, you may not use, and must cease using, the Website. At any time, VoPay may (i) terminate your use or right to use of the Site for any reason, or (ii) modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice.

Disclaimers

THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE SITE IS AT YOUR SOLE RISK. VOPAY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE ACCURACY, RELIABILITY OR SUITABILITY FOR ANY PURPOSE, OF THE INFORMATION CONTAINED IN OR REFERENCED TO THE SITE. ANY PERSON ACCESSING OR USING THE SITE ACCEPTS AND ASSUMES ALL RISKS RELATING TO THE ACCURACY OR RELIABILITY, OR ARISING FROM THE USE OF, THE INFORMATION AND MATERIALS AVAILABLE ON THE SITE.

VoPay attempts to provide accurate and current information on the Site. In case of a discrepancy between content on the Site and printed content published by VoPay, the VoPay-printed version shall be deemed to be correct and prevail.

VoPay will not have any liability for any special, incidental, consequential, direct or indirect losses or damages, or any other damage or loss claimed either in contract, negligence or tort including, without limitation, punitive damages arising out of use of the Site and the information contained therein, or arising out of the inability to use the Site and the information contained therein.

Prohibited Activities

With regards to the Site or any content on the Site, you may not:

• Copy, distribute or otherwise make available material from the Site for commercial exploitation without the express written permission of VoPay;
• Use the Site or content available on it in a way that could damage the Site or the materials displayed on the Site;
• Interfere with the Site’s security or the security of the linked websites;
• Disrupt or interfere with another person’s use of the Site;
• Use or attempt to use another’s account, password, or system to access the Site without prior written authorization from VoPay;
• Use the Site or the information on it to send any type of mass e-mail;
• Use contact information on the Site to send e-mails of illegal, sexual, racist or otherwise inappropriate nature, as VoPay may determine in its sole discretion;
• Use the Site or the content available on it to carry out any fraudulent, abusive, or otherwise illegal activity, as VoPay may determine in its sole discretion; 
• Attempt to gain unauthorized access to the restricted areas of the Site;
• Manipulate identifiers in order to disguise the origin of any content transmitted on or through the Site or the source of the content;
• Upload, download, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
• Interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of our networks connected to the Site; or
• Violate or infringe any right of any third party.

VoPay may, but is under no obligation to, monitor, review or log any activity or use of the Site. You consent to any such monitoring, reviewing and logging that is necessary to satisfy any law, regulation or government request, or to enhance operational efficiencies, to improve service levels, to assess client satisfaction or to protect VoPay or the Site’s users. 

VoPay reserves the right, but does not assume the obligation, to suspend access to the Site, or to otherwise ban, any users who violate the Terms of Use.

Proprietary Rights

The Site and the content available thereon are owned by VoPay or its licensors or service providers and are protected by copyright, trademark, trade secret and other intellectual property laws. You are not permitted to download, copy or otherwise store any such content. “VoPay” and the VoPay logo are trademarks of VoPay. All rights in them are reserved to VoPay.

Links and Third Party Content

The Site contains links to external third-party websites, entities, content and products that are provided for your information and convenience only and do not constitute any endorsement or recommendation by VoPay. These third-party websites are not under VoPay’s control, and if you access these links, you will leave the Site. If you decide to visit any linked site, you do so at your own risk. VoPay makes no representations whatsoever about any other websites which you may access from the Site.

General

The Terms of Use have been made in and shall be construed and enforced in accordance with the laws of the jurisdiction of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to conflict of laws principles, and you irrevocably consent to submit to the exclusive jurisdiction of the courts of the Province of British Columbia for any claim, proceeding or action under the Terms of Use against VoPay. Notwithstanding the foregoing, VoPay may seek and obtain injunctive relief in any jurisdiction in any court of competent jurisdiction and you agree that this Agreement is specifically enforceable by VoPay through injunctive relief and other equitable remedies without proof of monetary damages. The Terms of Use and the Privacy Policy shall constitute the complete and exclusive agreement between you and VoPay, and govern your use of the Site. If any provision of this Terms of Use is declared by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be severed from the Terms of Use and the other provisions shall remain in full force and effect.

Contacting VoPay

You may contact VoPay International Inc. by email at [email protected] or by mail at Four Bentall Centre 1055 Dunsmuir Street Suite 594, Box 49263, Vancouver, BC V7X 1L2.

You may contact VoPay Financial Canada Inc. by email at [email protected] or by mail at Four Bentall Centre 1055 Dunsmuir Street Suite 594, Box 49263, Vancouver, BC V7X 1L2.