FintechWerx User Terms of Service
Last updated: September 9 2023
FintechWerx User Terms of Service
Thank you for visiting FintechWerx. These FintechWerx user terms of service (these “Terms”) are an agreement between you as an individual user of our Services(s) and Fintechwerx International Software Services Inc. doing business as FintechWerx, a company having a registered address at 315-1275 West 6th Avenue , Vancouver, BC V6H1A6 (“FTW”, “we” or “us”). Our Services are provided through our website at https://fintechwerx.com (the “Site”) and may also be provided through an application (an “App”) (each, the “Network”).
FTW offers a commerce platform that brings together consumers and merchants for products and services requiring proof of identity and age verification and creates a single portal for a range of age- verified products and services. This platform offers a variety of tools for retailers to create and customize online stores that sell age-verified products to sell across multiple channels (including our Site and App), manage products, inventory, payments, fulfillment, and shipping, business operations, marketing, and advertising, and interact with current and potential customers. In these Terms of Services, the term “Services(s)” refers to our platform as well as any such service or services provided by FTW. These Terms will also apply to any new features or tools that are included which present the Services.
We may from time to time add new features to our Services and update these Terms. Please check back on these Terms for any updates.
I. Our Services
Our Services help you to confirm your identity, your age and other personally identifiable information (your “Personal Information”) to third parties using our Services (each a “Merchant”) to allow our Merchants to offer you access to their services (the “Merchant Services”). You alone decide: (a) what Personal Information you add to Your Account; (b) when you want to use our Site and Network to identify yourself to a third party; (c) whether you want to share your Personal Information with any Merchant; and (d) what Personal Information you share with any Merchant.
We will not charge you, for sharing your Personal Information with our Merchants. However, we may offer you optional premium services (our “Premium Services”) at an additional cost. We will notify you of these additional costs when you sign up to receive our Premium Services. If you are already using some, or all, of our Premium Services free of charge, we will inform when these Premium Services are no longer free of charge and provide you the details of the additional charges for the Premium Services at least thirty (30) days prior to charging you for such Premium Services. If you choose not to avail of the Premium Services please email us at email@example.com to discontinue the Premium Services.
If you decide to share your Personal Information with our Merchants, we reserve the right to charge our Merchants (but not you) for receiving your Personal Information.
II. Before you Use Our Services
A. PROHIBITED USERS
The following persons are prohibited from using our Services: any person who is (i) listed on the anti- terrorism financing list, maintained by the Office of the Superintendent of Financial Institutions (available at http://www.osfi-bsif.gc.ca/Eng/fi-if/amlc-clrpc/atf-fat/Pages/default.aspx), pursuant to subsection 83.05(1) of the Criminal Code (the Regulations Implementing the United Nations Resolutions on the Suppression of Terrorism and United Nations Al-Qaida and Taliban Regulations) or other similar anti-terrorism financing legislation or regulation (each a “Canadian Listed Person”); (ii) located in or operating under a license issued by a jurisdiction identified by the Canadian Government as a sponsor of international terrorism; (iii) not in compliance or non-cooperative with anti-money laundering legislation contained in the Proceeds of Crime (Money Laundering) and Terrorist Financing Act and its associated regulations, guidelines by the Financial Transactions Reports Analysis Centre of Canada or other similar applicable anti-money laundering, anti-terrorism financing legislation or regulation, or international anti-money laundering principles or procedures by an intergovernmental group or organization of which the Canada is a member; (iv) persons who appear on the United States Department of the Treasury, Office of Foreign Assets Control (OFAC), Specially Designated Nationals List (SDN), other similar lists or who are nationals or residents of Cuba, Iran, North Korea, Sudan, or Syria; (v) persons for whom the Services have been terminated.
Our Services are not permitted for people under the age of 13. To use our Services, you must be at least 18 years of age or, if you are between 13 and 18 years of age, you have consent and written permission of a parent or legal guardian. Parents and guardians who allow their children to use our Services agree
to communicate with their children about their safety online.
You are not permitted to use the Services to carry out or assist in carrying out any activity that is illegal in Canada, the United States, the U.K., the European Union or in any place where you or one of your Merchants are located, domiciled or carry on business.
The Site also lists specific activities for which the Services may not be used.
III. Your Account
A. CREATING YOUR ACCOUNT
To use our Services you must create and register an FTW account. During registration we will ask you to provide us with your full legal name, age, business address, phone number, a working email address, and any other information specified in the account registration form. You may also be required to send a photocopy of 1 piece of government issued ID showing your age (such as a driver’s license) (your “ID”) to our age verification department at IDV@fintechwerx.com] in order to access certain Merchant Services.
To allow us to quickly verify your identity and ensure that you are a real person, we may use liveness detection (a technique where an algorithm securely detects whether the source of a biometric sample comes from a fake representation or is a live human being) at registration. We may store the biometric template of your face, taken from a facial scan captured during the liveness test, to verify that it is you accessing Your Account. A biometric template is a digital reference of distinct characteristics that has been extracted from your facial scan and, for your security, this is done in such a way that the original facial scan cannot be retrieved from this template.
You agree that we may contact you using the email address you provided during registration or as amended by you from time to time (“Your Email Address”). You are responsible for keeping track of Your Email Address and you must be able to send and receive emails. We can only authenticate your communications with us if these communications come from Your Email Address.
B. YOUR ACCOUNT
After completing registration, we will provide you with a unique and secure account (“Your Account”) on our Network that will allow you to access our Services.
Your ID on file with us will not be shared with our Merchants. Instead, the account information you decide to share with our Merchants will be contained in a separate profile created by us called a WerxID. Please see WerxID Sharing for more information.
We reserve the right to refuse your request for an account or to terminate your active Account for any reason.
C. ADDITIONAL VERIFICATION
If you decide to add Personal Information to Your Account that we are unable to verify through your ID, you agree that we may verify this Personal Information by running additional background checks with the applicable body who issued the information, including making requests from the applicable government bodies, professional organizations, educational institutions, your employer, your landlord or credit reference agencies. Such checks may include verifying your credentials or your banking details, if you have added this information to Your Account.
You may also request that the applicable authorities, agencies or persons to provide you with the appropriate verification documents. You may upload these documents to Your Account page to allow us to verify your additional Personal Information. You may also make these documents available directly to our Merchants, at your sole discretion.
While we reserve the right to verify your Personal Information, we have no obligation to do so. You are solely responsible for ensuring the Personal Information you upload on Your Account page is current, relevant, genuine and accurate.
YOU AGREE TO INDEMNIFY, DEFEND, RELEASE, AND HOLD US HARMLESS FROM ANY CLAIMS ARISING OUT OF OR RELATING TO YOUR FAILURE TO PROVIDE ACCURATE, TRUTHFUL AND UP TO DATE PERSONAL INFORMATION.
IV. Your Responsibilities
You may only create one Account (and corresponding WerxID) on our Site.
When creating or updating Your Account, you may only upload information that is accurate, complete, and up to date. Failure to do so constitutes a breach of these Terms, which may result in immediate termination of Your Account and our Services. You may access Your Account by logging on to our Site and may update your account details or upload additional Personal Information or your most recent ID as necessary.
You may only access our Services using your own Account. You are responsible for keeping all passwords and other login details secure and confidential. You agree not to disclose your password to any third party and agree to notify us immediately upon becoming aware of any breach of security or unauthorized use of Your Account.
You agree to safeguard the password that you use to access our Services and for any activities or actions under your password, whether your password is with our Services or a third-party site.
You are solely responsible for any activity which occurs under Your Account and any content posted on Your Account (“Your Content”). You agree to indemnify, defend, release, and hold us harmless from any claims made in connection with Your Content in accordance with Your Responsibilities.
V. WerxID Sharing
You are solely responsible for deciding when you want to use our Network to identify yourself to a Merchant. You may also request additional information from a Merchant to assist you in deciding whether you want to provide them with your Personal Information. Whenever a Merchant asks you to share your Personal Information through the Network, you are always in control of whether to accept the Merchant’s request. We encourage our Merchants to limit their requests to the minimum information required and reserve the right to terminate our relationship with any Merchant who, in our sole discretion, does not comply with our policies. If you believe that a Merchant is conducting itself inappropriately or requesting too much information or irrelevant information, please contact us at firstname.lastname@example.org.
If you choose to reveal any Personal Information to a Merchant or other users of the Site, you do so at your own risk. We encourage you to use caution in disclosing the Personal Information contained in your WerxID to anyone.
Whenever you share Personal Information with a Merchant, you and the Merchant will each receive notification through the Account of the sharing. We will retain records of information sharing within the Network (each, a “Receipt”).
We may allow you to add and accept attributes from certain Merchants into Your Account, for example university degrees, professional qualifications, employer references, landlord references and so on. However, as set out in Your Responsibilities, you may only upload or accept third party attributes to Your Account that are current, relevant, genuine and accurate.
While you alone may decide what Personal Information to share, we reserve the right to inform our Merchants (by making notes on your file or other means) whether the Personal Information you have shared is verified or unverified. We also reserve the right to inform our Merchants how such Personal Information has been verified, including naming the appropriate authority, body or persons who verified such Personal Information.
VI. Privacy and Use of Your Personal Information
B. ANONYMIZED DATA
You agree that we have the right to generate Anonymized Data (as defined below) and that we may use such Anonymized Data for any business purpose during or after the term of this agreement (including without limitation to develop and improve our products and services and to create and distribute reports and other materials). For clarity, we will only disclose Anonymized Data externally in a de-identified (anonymous) form that does not identify you, and that is stripped of all persistent identifiers (such as device identifiers, IP addresses, and cookie IDs). You are not responsible for our use of the Anonymized Data.
For the purposes of these Terms, “Anonymized Data” means data generated by aggregating personal information about you which has been de-identified in accordance with applicable laws and industry standards with other data so that results are non-personally identifiable with respect to you, or (b) data which does not directly or indirectly identifies you, including, without limitation, learning, logs and data about the use of our Services.
VII. Network Commons
You may access software, utilities and automated tools on our Network that will allow you to receive information (the “Content”) from users of our Networks and allow you to share Your Content with other users of the Network (the “Network Commons”).
Your Content, if posted in the Network Commons, will be visible to our other users, who, notwithstanding these Terms, may share Your Content with third parties who do not use our Services. Before posting be sure that you are comfortable sharing Your Content and do not post any Personal Information.
When using the Network Commons (and any information contained in it) or uploading Your Content, you agree to abide by this section and Your Responsibilities. FTW may review and moderate all Content, and we have the right, but not the obligation, at our sole discretion to determine whether or not any Content (including Your Content) is appropriate and complies with these Terms. We reserve the right to remove, delete, edit, limit, or block or prevent access to any Content (including Your Content) at any time at our sole discretion. We further reserve the right to make formatting and edits and change any Content (including Your Content). We can also limit or revoke the use of the Services if Your Content violates these Terms.
FTW is not responsible for any Content uploaded to the Network Commons and you agree to use the Network Commons, and the Services, at your own risk. You understand that by using the Services you may be exposed to Content that you may find offensive, indecent, incorrect or objectionable. We have no obligation, nor any responsibility to any party to monitor the Site or its use, and do not and cannot undertake to review material that you or other users submit to the Site. We cannot ensure prompt removal of objectionable material after it has been posted and we have no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party, subject to applicable laws.
B. CONTENT BACKUPS
FTW does not guarantee there will be no loss or corruption of data. Corrupt or invalid backup points
may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed. You acknowledge that we have no liability related to the integrity of Content or the failure to successfully restore Content to a usable state.
If require any Content, you agree to maintain a complete and accurate copy of such Content in a location independent of our Services.
VIII. Your Responsibilities
A. USING OUR SERVICES
You agree to use our Services (including using the Network Commons) solely as contemplated in this Agreement. When using our Services and the Network Commons, you agree not to:
misrepresent your identity, age, current or previous positions, qualifications, or affiliations with a person or entity;
post or share Prohibited Content;
use our Services in a way that damages such Services or prevents their use by other users;
use our Services for any harmful, illegal, or nefarious purpose;
use our Services to harass, bully, stalk, intimidate, assault, defame, harm or otherwise mistreat any person;
use another user’s account;
impersonate any other person;
disclose private or proprietary information that you do not have the right to disclose;
use our Services with any user who has indicated to you that they do not wish to communicate with you;
copy, modify, transmit, distribute, or create any derivative works from our content or any of our Intellectual Property Rights or other proprietary information accessible through our Services without our written consent;
express or imply that any statements you make are endorsed by us;
“frame” or “mirror” any part of our Services without our prior written authorization;
use or develop any third-party applications that interact with our Network or use, access, or publish our Services application programming interface without our written consent;
use our Services in a way to interfere with, disrupt or negatively affects our Network, including a denial of service attack, unauthorized access, penetration testing, crawling, or distribution of malware (including viruses, trojan horses, worms, time bombs, spyware, adware, and cancelbots);
knowingly transmit any data, send or upload any material that contains viruses, trojan horses, worms, time-bombs, keystroke loggers, spyware, adware, or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware of our Network;
decrypt, extract, reverse engineer, or decompile our Services or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms that make up our Services or any software, documentation, or data relating to our Services, except to the limited extent that applicable law prohibits such a restriction;
build a competitive product or service, or copy any features or functions of our Services (including, without limitation, the look-and-feel of our Services);
breach any applicable law, regulation, or code of conduct or infringe the rights (including intellectual property rights) of any person;
use our Services in a way that may damage our reputation; or
cause, encourage or permit any person to do any of the foregoing.
B. PROHIBITED CONTENT
When uploading Your Content, you may not upload content that:
is likely to be deemed offensive or to harass, upset, embarrass, alarm or annoy any other person;
is obscene, pornographic, violent or otherwise may offend human dignity, or contains nudity;
is abusive, insulting or threatening, discriminatory or that promotes or encourages racism, sexism, hate speech or bigotry;
encourages or facilitates any illegal activity or the submission of which in itself constitutes committing a criminal offense;
is defamatory, libelous, or untrue;
involves the transmission of “junk” mail or “spam”;
contains any spyware, adware, viruses, corrupt files, worm programs or other malicious code designed to interrupt, damage or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, Trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal information whether from us or otherwise;
infringes upon any third party’s rights (including, without limitation, intellectual property rights and privacy rights);
includes the image or likeness of another person without that person’s consent (or in the case of a minor, the minor’s parent or guardian), or is an image or likeness or a minor unaccompanied by the minor’s parent or guardian;
is inconsistent with the intended use of our Services; or
may harm our reputation or that of our Merchants or affiliates.
C. FRAUD OR CRIME
If you have provided false or inaccurate information and fraud or potential fraud is identified or you have committed any acts which may constitute a criminal offence, you acknowledge and agree that your Personal Information may be shared with the applicable governmental agencies responsible for preventing fraud, money laundering and other criminal offences.
You agree to cooperate in any (including our investigation) investigation into possible fraud or misuse of the Network or criminal activity.
IX. Our Rights
We have the right, without provision of notice to:
remove or refuse to post on the Site for any or no reason in our sole discretion;
at all times, take such actions and make any investigations with respect to any Content deemed necessary or appropriate in our sole discretion, including, without limitation, making investigations or taking against you for violating Your Responsibilities and these Terms;
take appropriate legal action, including, without limitation, referral to law enforcement or regulatory authority, or notifying the harmed party of any illegal or unauthorized use of the Site. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site;
if we know or have reasonable grounds to suspect that activity by you breaches these Terms, to take all necessary action to investigate and to deal with the consequences of this breach.
terminate or suspend Your Account or your access to all or part of the Site for any or no reason, including, without limitation, any violation of these Terms.
YOU WAIVE AND HOLD HARMLESS FTW AND ITS SUBSIDIARIES, AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS AND SUCCESSORS FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY FTW AND ANY OF THE FOREGOING PARTIES RELATING TO ANY, INVESTIGATIONS BY EITHER FTW OR SUCH PARTIES OR BY LAW ENFORCEMENT AUTHORITIES.
From time to time we may, as we deem necessary acting reasonably, involve other third parties in delivering the services that our Services provide you. We reserve the right to transfer, assign, subcontract or deal in any other manner with our rights and obligations under this Agreement without your prior written approval.
X. Intellectual Property
A. OUR INTELLECTUAL PROPERTY
You understand and agree that the Network, the Site and their contents, features, and functionality, including, but not limited to, all information, software, code, text, displays, graphics, photographs, video, audio, design, presentation, selection, and arrangement, are owned by FTW, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights. We reserve all rights not expressly granted to you in these Terms. We own all rights, title, interest, copyright, and other worldwide Intellectual Property Rights (as defined below) in our Services and all copies of our Services. These Terms do not grant you any rights to our trademarks or service marks.
For the purposes of these Terms, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, confidential information/trade secret rights, and other intellectual property rights that may exist now or come into existence in the future, and all of their applications, registrations, renewals, and extensions, under the laws of any province, country, territory, or other jurisdiction.
B. YOUR CONTENT
Unlike your Personal Information, none of Your Content that you upload to the Network Commons is confidential. By providing Your Content to the Network Commons, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to a world-wide, royalty free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose and according to your account settings and/or incorporate such material into any form, medium or technology throughout the world without compensation to you. You further waive any moral rights or other rights of authorship as a condition of submitting Your Content.
By submitting Your Content, you declare and warrant that you own or have the necessary rights to submit Your Content and have the right to grant a license to Your Content to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns. You represent and warrant that Your Content complies with applicable laws and regulations as well as Your Responsibilities.
You understand and agree that you are fully responsible for Your Content, and you are fully responsible and legally liable, including to any third party, for Your Content and its accuracy. We are not responsible or legally liable to any third party for the content or accuracy of Your Content submitted by you to the Network Commons.
You may submit comments, ideas or suggestions about our Services (“Your Feedback”). By submitting Your Feedback to email@example.com, you agree that your disclosure is gratuitous, unsolicited, and without restriction, that it will not place us under any fiduciary, confidentiality, or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You waive any and all rights in Your Feedback and agree that we are free to implement and use Your Feedback if desired, in its original form or as modified by us, without obtaining permission or license from you or from any third party. We reserve the right, at our sole discretion, to review, remove or edit Your Feedback posted on the Site.
C. OTHER USER CONTENT
Other users will also share content (“User Content”) on our Services. User Content belongs to the user who posted the content and is stored on our servers and displayed at the direction of that user. You do not have any rights in relation to the User Content, and you may only use the User Content to the extent that your use is consistent with our Services’s purpose. You may not copy the User Content or use the User Content for commercial purposes, to spam, to harass, or to make unlawful threats. We reserve the right to terminate Your Account if you misuse of any User Content.
XI. Information Shared with Merchants and Receipts
You are responsible for making informed decisions about sharing your information with Merchants and for considering the implications of doing so. We do not control over what Merchants do with the information you choose to share with them through the Network and therefore we accept no responsibility or liability for information misuse on their part.
We issues receipts to both parties when you share your identity using the Network. These receipts, and the attributes presented in them, should remain private to the two counter-parties unless one is a victim of the other’s fraud / mistreatment at which point the victim can share the receipt with law enforcement (but not the general public).
XII. Term and Termination
The term of this these Terms will begin as of when you accept these Terms and will end when you close Your Account or when it is otherwise terminated. You or we can terminate your account with us at any time for any reason or for no reason. We can terminate our agreement with you without prior notice to you by removing access to Your Account. We reserve the right to suspend the Services for any reason or for no reason. We are not liable to you for any losses or inconveniences arising as a result of termination of these Terms. When opting to use the Services, please consider the method of identification you may use with each Merchant without us so that you can prepare for that possibility.
You’re free to close Your Account at any time by selecting the “Delete Account”, or a similar option in “Settings” in the Account menu.
If you or we close Your Account, you will lose access to your account and to all of the information and services associated with it. We may need to keep your receipts of information shared for regulatory reasons. Any Merchant you shared information with the service will still have those details (in their own receipts) after you have closed Your Account.
Once Your Account is closed, we will delete from our server all identifying attributes, all biometrics you used, all other ‘non-identity’ attributes (such as email), any content associated with Your Account. We may retain copies of Receipts and any Anonymized Data we have generated.
XIII. Geographic Restriction
FTW is based in British Columbia in Canada. We provide the Network and the Site for use only by persons located in Canada. This Site is not intended for use in any jurisdiction where its use is not permitted. If you access the Network or the Site from outside Canada, you do so at your own risk and you are responsible for compliance with local laws of your jurisdiction.
XIV. No Reliance
We make no representations, warranties or guarantees, whether express or implied, that the content on the Site is accurate, complete or up to date. Your use of the Site is at your own risk and neither FTW nor its subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers or successors have any responsibility or liability whatsoever for your use of the Network or the Site.
XV. DISCLAIMER OF WARRANTIES
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE NETWORK OR THIS SITE, THEIR CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE NETWORK OR THIS SITE IS AT YOUR OWN RISK. THE SITE, THE NETWORK, THE CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE NETWORK OR THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON- INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
NEITHER FTW NOR ITS SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS OR SUCCESSORS MAKE ANY WARRANTY, REPRESENTATION OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY OR AVAILABILITY OF THE NETWORK, THIS SITE OR ITS CONTENTS. WITHOUT LIMITING THE FOREGOING, NEITHER FTW NOR ITS SUBSIDIARIES OR AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS OR SUCCESSORS REPRESENT OR WARRANT THAT THE SITE, THEIR CONTENT, OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE NETWORK THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE DO NOT GUARANTEE THAT THE NETWORK OR WILL BE AVAILABLE OR THAT OUR SERVICES WILL BE INTERRUPTION FREE. OUR SERVICES MAY INTERRUPTED FROM TIME TO TIME BY MAINTENANCE, REPAIRS OR UPDATES AS WE DECIDE IN OUR SOLE DISCRETION. WE SHALL NOT BE LIABLE FOR ANY FAILURE, INTERRUPTION OR OUTAGE OF OUR NETWORK OR ANY ISSUES WITH OUR SOFTWARE OR FOR ANY LOSS OR DAMAGE CAUSED AS A RESULT OF SUCH INTERRUPTION OF AVAILABILITY OF OUR SERVICES.
WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES OR DATA AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE NETWORK OR THIS SITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE NETWORK, THIS SITE AND YOUR COMPUTER, INTERNET AND DATA SECURITY. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAILBOMBING OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
XVI. LIMITATION OF LIABILITY
NOTWITHSTANDING ANY LOSS OR DAMAGES THAT YOU MAY HAVE SUFFERED, TO THE EXTENT PERMITTED BUY APPLICABLE LAW, THE ENTIRE LIABILITY OF FTW AND ANY OF ITS SUPPLIERS UNDER ANY PROVISION OF THESE TERMS AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING SHALL NOT EXCEED $100 IN THE AGGREGATE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FTW OR ITS SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, BREACH OF PRIVACY OR OTHERWISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, THE SITE, ANY LINKED WEBSITES OR SUCH OTHER THIRD-PARTY WEBSITES, NOR ANY WEBSITE CONTENT, MATERIALS, POSTING OR INFORMATION THEREON EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW.
IF YOU BREACH THIS AGREEMENT, WE ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE YOU MAY SUFFER BECAUSE OF YOUR BREACH.
To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless FTW, its subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your breach of these Terms or your use of the Network or the Site, including, but not limited to: (1) being a Prohibited User or engaging in Prohibited Activities; (2) your failure to provide accurate and up to date information when creating or updating Your Account; (3) your failure to abide by Your Responsibilities including posting Prohibited Content; (4) the exercise of Our Rights or protection of our Intellectual Property; (5) any use of the Network or the Site’s content, services, and products other than as expressly authorized by these Terms.
GOVERNING LAW. This Agreement shall be governed pursuant to the laws of the Province of British Columbia. Disputes arising hereunder shall be settled exclusively before courts of competent jurisdiction in Vancouver, British Columbia, Canada. You shall not bring a claim versus us as part of a class action or class of plaintiffs.
ASSIGNMENT. You may not assign any of your rights or obligations without our prior consent. We may assign these Terms and our rights in and to your Personal Information to a third party without your prior consent or prior notice to you.
AMENDMENTS. We can amend these Terms by posting a new version to the Account or the Site and such amendments shall take effect immediately and be binding on you if you do not terminate your account within fifteen (15) days of the posting of the amendment.
NO WAIVER. No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from these Terms operates, or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
SEVERABILITY. If any term or provision of these Terms is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of these Terms or invalidate or render unenforceable such term or provision in any other jurisdiction.
REPORTING AND CONTACT.
Our Network and this Site is operated by Fintechwerx International Software Services Inc., doing business as FintechWerx, a company having a registered address at 315*1275 West 6th Avenue , Vancouver, BC V6H1A6.
Should you become aware of misuse of the Network or the Site including infringement, libelous or defamatory conduct, or you believe one of the Merchants or other users is improperly using the site you must report it to us at firstname.lastname@example.org.
All other feedback, comments, requests for technical support, and other communications relating to the Network or the Site should be directed to email@example.com.