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Terms of Service

These Terms of Service govern your use of Elate Pay, our website located at https://elatepay.ca, and any related services provided by Elate Pay.

When you create an Elate Pay account or use Elate Pay, you agree to abide by these Terms of Service and to comply with all applicable laws and regulations. If you do not agree with these Terms of Service, you are prohibited from further using the app, accessing our website, or using any other services provided by Elate Pay.

If you access or download Elate Pay from (1) the Apple App Store, you agree to any Usage Rules set forth in the App Store Terms of Service; and/or (2) the Google Play Store, you agree to the Android, Google Inc. Terms and Conditions including the Google Apps Terms of Service.

We, Elate Pay, reserve the right to review and amend any of these Terms of Service at our sole discretion. Upon doing so, we will update this page and notify you through the app and/or the email address you provided when you created your account. Any changes to these Terms of Service will take effect immediately from the date of publication.

These Terms of Service were last updated on May 20, 2024.

Limitations of Use

By using Elate Pay and our website, you warrant on behalf of yourself, any entity who you represent who has entered into these Terms of Service, and your users that you will not:

  • modify, copy, prepare derivative works of, decompile, or reverse engineer Elate Pay or any materials and software contained within Elate Pay or on our website;

  • remove any copyright or other proprietary notations from Elate Pay or any materials and software contained within Elate Pay or on our website;

  • transfer Elate Pay or any of its associated materials to another person or “mirror” the materials on any other server;

  • knowingly or negligently use Elate Pay or any of its associated services in a way that abuses or disrupts our networks or any other service Elate Pay provides;

  • use Elate Pay or its associated services to transmit or publish any harassing, indecent, obscene, fraudulent, or unlawful material;

  • use Elate Pay or its associated services in violation of any applicable laws or regulations;

  • use Elate Pay to send unauthorized advertising or spam;

  • harvest, collect, or gather user data without the user’s consent; or

  • use Elate Pay or its associated services in such a way that may infringe the privacy, intellectual property rights, or other rights of third parties.

Intellectual Property

All intellectual property rights in the Elate Pay platform and its contents are owned by Elate Pay or its licensors. Users are granted a non-exclusive, non-transferable, revocable license to access and use the platform strictly in accordance with these Terms of Service. Copying, modifying, distributing, selling, or leasing any part of Elate Pay’s services or included software is not permitted. Users are also prohibited from reverse engineering or attempting to extract the source code of the software, except to the extent that the law allows.

User-Generated Content

You retain your intellectual property ownership rights over content you submit to us for publication within Elate Pay and/or on its corresponding website. We will never claim ownership of your content but we do require a license from you in order to use it.

When you use Elate Pay or its associated services to post, upload, share or otherwise transmit content covered by intellectual property rights, you grant to us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use, distribute, modify, run, copy, publicly display, translate or otherwise create derivative works of your content in a manner that is consistent with your privacy preferences and our Privacy Policy.

The license you grant us can be terminated at any time by deleting your content or account. However, to the extent that we (or our partners) have used your content in connection with commercial or sponsored content, the license will continue until the relevant commercial or post has been discontinued by us.

You give us permission to use your username and other identifying information associated with your account in a manner that is consistent with your privacy preferences and our Privacy Policy.

Account Registration and Financial Transactions

To utilize Elate Pay’s financial technology services, users must create an account, providing accurate and current personal and financial information as required. This includes details pertinent to the chosen payment method, such as credit card numbers, which will be managed by third-party services like Stripe, Google Payments, or Apple Pay, in accordance with their own Terms of Service. Elate Pay itself does not retain financial data, thus absolving the platform of direct financial information processing responsibilities. Users bear the full responsibility for safeguarding their account credentials and must promptly notify Elate Pay of any unauthorized account activity to mitigate potential losses.

By agreeing to these Terms of Service, users commit to using Elate Pay’s services within the scope of applicable laws and regulations, acknowledging the inherent risks in financial transactions and investments. Elate Pay reserves the right to alter or discontinue any service feature without notice and disclaims liability for losses resulting from user errors or unauthorized service use. Compliance with these terms includes a responsibility to maintain account information’s accuracy and a prohibition against any misuse of the platform’s services or systems.

Automatic Updates

You give us permission to download and install updates to Elate Pay on your device in accordance with your privacy preferences. This permission can be revoked at any time by deleting Elate Pay from your device.

Liability

Elate Pay and all materials within it, as well as those available on our website, are provided on an “as is” and “as available” basis, without warranty of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, Elate Pay disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Elate Pay does not warrant that the service or any of its materials, including but not limited to its software, functions, or services, will be uninterrupted or error-free, that defects will be corrected, or that the service or the servers that make it available are free of viruses or other harmful components.

Under no circumstances, including but not limited to negligence, shall Elate Pay or its affiliates, suppliers, or any third parties mentioned on Elate Pay’s website be liable for any indirect, incidental, special, consequential, or punitive damages, or any other damages of any kind, including but not limited to, loss of profits or revenues, loss of data, loss of goodwill, loss of anticipated savings, or other intangible losses, whether based in contract, tort (including negligence), strict liability, or otherwise, arising out of or in connection with the use, inability to use, or performance of the information, services, products, and materials available from Elate Pay, even if Elate Pay has been advised of the possibility of such damages. This includes damages for negligence or gross negligence or caused by a fundamental breach of contract or breach of a fundamental term.

Users agree to indemnify, defend, and hold harmless Elate Pay, its officers, directors, employees, agents, licensors, suppliers, and any third-party information providers to the service from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms of Service or any activity related to the user’s account (including negligent or wrongful conduct) by the user or any other person accessing the service using the user’s account.

Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to every user. In such jurisdictions, Elate Pay’s liability shall be limited to the greatest extent permitted by law. This liability section applies to the fullest extent permitted by law in the applicable jurisdiction.

Accuracy of Materials

The information and materials provided by Elate Pay, including but not limited to textual content, graphics, and links to external sites, are offered for general informational purposes only and are not exhaustive. Elate Pay makes no representation or warranty, express or implied, regarding the completeness, accuracy, reliability, suitability, or availability of its materials or the information, products, services, or related graphics contained on the app for any purpose. Consequently, reliance on such information should be undertaken with caution, and users are encouraged to consult additional sources of information before making decisions based on the content provided by Elate Pay.

Users acknowledge that the information available through Elate Pay may contain inaccuracies or errors and agree that Elate Pay is not liable for any such inaccuracies, errors, or the consequences of relying on any information provided by the app. It is the responsibility of the user to evaluate the quality and accuracy of the content. Elate Pay reserves the right to make updates, modifications, or changes to the information, materials, and resources provided on the app at any time without prior notification. Users are responsible for regularly reviewing the content on Elate Pay to stay informed of any changes and ensure the information they rely on is up to date.

Additional Tools

Please note that our app may include third-party tools which are outside of our control. The access to said tools is provided on an ‘as is’ basis with no warranties, expressed or implied, and without any endorsement. We are not liable for the use of the third-party tools provided on our app. You are solely responsible for any risks associated with using said tools, we recommend reading the relevant third-party provider’s Terms of Service. Elate Pay has the right to offer new third-party tools in the future.

Links

Elate Pay has not reviewed all of the sites linked to Elate Pay or on its corresponding website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement, approval or control by Elate Pay of the site. Use of any such linked website is at your own risk and we strongly advise you make your own investigations with respect to the suitability of those sites.

Inaccuracies and Mistakes

Please note that any content available on our app may contain typographical errors, inaccuracies, or mistakes related to the service’s description, pricing, promotion, and availability. We have the right to cancel or update any existing services should any information provided by us be proven inaccurate. Said information can be amended at any time without prior notice. Please note that we are not obligated to clarify any of the information related to our service, including pricing information, except as required by law.

Service Availability

Please be aware that Elate Pay, while generally accessible, may have periods of unavailability. We reserve the right to disable the service from time to time to perform necessary tasks such as scheduled backups, maintenance, or system upgrades, aimed at enhancing your user experience and ensuring the optimal performance of the app.

Although we strive to notify our users in advance of any substantial downtime, please understand that some situations may necessitate urgent maintenance. In such extreme cases, we may need to disable the service immediately and without prior notice. We appreciate your understanding and patience during these periods, as we work diligently to ensure the consistent quality and reliability of Elate Pay.

Notice regarding Apple

To the extent that you are using or accessing Elate Pay on an iOS device, you acknowledge and agree to the terms of this clause. You acknowledge that these Terms of Service are between you and Elate Pay only, not with Apple Inc. (Apple), and Apple is not responsible for Elate Pay and any materials available in Elate Pay.

Apple has no obligation to furnish you with any maintenance and support services with respect to Elate Pay.

If Elate Pay fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price of the mobile application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to Elate Pay and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our responsibility.

Apple is not responsible for addressing any claims by you or any third party relating to Elate Pay or your use of Elate Pay, including but not limited to (1) product liability claims; (2) any claim that our mobile application fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation.

Apple is not responsible for the investigation, defense, settlement and discharge of any third-party claim that our mobile application infringes that third party’s intellectual property rights.

You agree to comply with any applicable third-party terms when using Elate Pay, including any Usage Rules set forth in the Apple App Store Agreement of Service.

Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms of Service and, upon your acceptance of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you as a third-party beneficiary of these Terms of Service.

You hereby represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a ‘terrorist supporting’ country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.

Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your contributions; (2) use of the app; (3) breach of these Terms of Service; (4) any breach of your representations and warranties set forth in these Terms of Service; or (5) your violation of the rights of a third party, including but not limited to intellectual property rights.

Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

Right to Terminate

We may suspend or terminate your Elate Pay account and right to use Elate Pay and these Terms of Service immediately upon written notice to you for any breach of these Terms of Service.

Severance

Any term of these Terms of Service which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity of the remainder of these Terms of Service is not affected.

Entire Agreement

These Terms of Service and any policies or operating rules constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of such right or provision. These Terms of Service operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.

If any provision or part of a provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Service and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Service or use of the app. You agree that these Terms of Service will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Service and the lack of signing by the parties hereto to execute these Terms of Service.

Governing Law

These Terms of Service are governed by and construed in accordance with the laws of Canada. You irrevocably submit to the exclusive jurisdiction of the courts in that location.