Updated September 8.2018
Acceptance of Agreement
By using the information, tools, features, software and functionality including content, updates and new releases provided by BMoney, of the BMoney Services, you agree to be bound by this Agreement, whether you are a “visitor” (which means that you simply browse the Site), or a “customer” (which means that you have registered for a BMoneyAccount with us). The term “you” refers to you in your capacity as a visitor and/or a customer. If you wish to become a customer or want to make use of the BMoney Services, you must read and accept this Agreement.
You may not use any of the BMoney Services and you may not accept this Agreement if you are not legally authorized to accept and be bound by these terms or are not at least the age of majority in your province of residence and, in any event, of a legal age to form a binding contract with BMoney.
Before you continue, you should print or save a local copy of this Agreement for your records.
Privacy and Your Personal Information
Description of the BMoney Services
The BMoney Services include access to the BMoneyAccount, which currently provides you with instant access to: a free BMoney Virtual Prepaid Mastercard (the “BMoneyCard) and the ability to buy and sell cryptocurrency.
The BMoney Services may also present you information relating to third party products or services (“BMoney Offers”) that you may be interested in. The BMoney Services may also provide you general tips, recommendations and educational material.
Permitted Use of the Site
Anyone is welcome to visit and browse the Site. However, only persons who are resident of our https://bmoney.io/supported-countries/ list and are of legal age or over may apply for any account, product or services available on or through the Site, including without limitation, a BMoneyAccount, and by so applying you represent and warrant to BMoney that you meet those qualifications. You may not enter any false, fraudulent, indecent, obscene, profane or otherwise inappropriate information into any application or other data entry form or page located on or through the Site, and you represent, warrant and agree that you will enter only true and accurate information into any form or page related to the Site, you will keep such information updated, and that you will use the Site only in compliance with all applicable laws. You acknowledge and agree that BMoney does and will cooperate with law enforcement officials and agencies in any investigation of potential or alleged violations of any applicable law. You acknowledge and agree that BMoney may investigate (or have investigated on its behalf) allegations of infringement of third party rights or abuse or any other inappropriate use of the Site.
BMoney Offers and Hyperlinks to Third Party Sites
Some parts of the BMoney Services are supported by sponsored links from advertisers. The BMoney Services may display BMoney Offers that may be custom matched to you based on information stored in the BMoney Services, queries made through the BMoney Services or other information. We may disclose when a particular BMoney Offer is sponsored or otherwise provided by a third party.
Your Registration Information
You agree and understand that you are responsible for maintaining the confidentiality of your password which, together with your login e-mail address, allows you to access your BMoneyAccount. That login email address and password, together with any mobile number or other information you provide form your “Registration Information.”
If you become aware of any unauthorized use of your Registration Information for the BMoney Services, you agree to notify BMoney immediately.
If you believe that your Registration Information or device that you use to access the BMoney Services has been lost or stolen or that someone is using your BMoneyAccount without your permission, you must notify BMoney immediately in order to minimize your possible losses by email at firstname.lastname@example.org
Your Use of the BMoney Services
Your right to access and use the Site and the BMoney Services is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use the Site and BMoney Services for lawful purposes. Accurate records enable BMoney to provide the BMoney Services to you. You must provide true, accurate, current and complete information and you may not misrepresent your Registration Information. In order for the BMoney Services to function effectively, you must also keep your Registration Information up to date and accurate. If you do not do this, the accuracy and effectiveness of the BMoney Services will be affected. You represent that you are the legal owner of, and that you are authorized to provide us with, all Registration Information and other information necessary to facilitate your use of the BMoney Services.
Your access and use of the BMoney Services may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the BMoney Services or other actions that BMoney, in its sole discretion, may elect to take. In no event will BMoney be liable to any party for any loss, cost, or damage that results from any scheduled or unscheduled downtime.
Your sole and exclusive remedy for any failure or non-performance of the BMoney Services, including any associated software or other materials supplied in connection with such services, will be for BMoney to use commercially reasonable efforts to effectuate an adjustment or repair of the applicable service.
From time to time, BMoney may include new and/or updated pre-release features (the “Beta Features”) in the BMoney Services for your use and which permit you to provide feedback. You understand and agree that your use of the Beta Features is voluntary and BMoney is not obligated to provide you with any Beta Features. Furthermore, if you decide to use the Beta Features, you agree to abide by any rules or restrictions BMoney may place on them. You understand that once you use the Beta Features, you may be unable to revert back to the earlier version of the same or similar feature. Additionally, if such reversion is possible, you may not be able to return or restore data created within the Beta Features back to the earlier version. The Beta Features are provided on an “as is” basis and may contain errors or inaccuracies that could cause failures, corruption or loss of data and/or information from any connected device. You acknowledge and agree that all use of the Beta Features is at your sole risk.
Use with Your Mobile Device
Use of the BMoney Services may be available through a compatible mobile device, Internet and/or network access and may require software. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your mobile device and telecommunications provider. BMONEY MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO: (A) THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE BMONEY SERVICES AT ANY TIME OR FROM ANY LOCATION; (B) ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND (C) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE BMONEY SERVICES.
Intellectual Property Ownership; Use, and Limits on Use, of Site Content
Availability of Site, Products and Services
The Site is visible across the world wide web and can therefore be viewed outside of BMoney’s home jurisdiction. The mere fact that you can view the Site from your jurisdiction does not imply that the products or services described on the Site are now, or will in future be, available in your
Access and Interference
You agree that you will not:
- Use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor the BMoney Services or any portion of the BMoney Services, without BMoney’s express written consent, which may be withheld in BMoney’s sole discretion;
- Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the BMoney Services, other than the search engines and search agents available through the BMoney Services and other than generally available third party web browsers (such as Microsoft Explorer or Safari);
- Post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of the BMoney Services;
- Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the BMoney Services; or
- Attempt to gain unauthorized access to any portion of the BMoney Services.
Rules for Posting
As part of the BMoney Services, BMoney may allow you to post content on blogs and at various other publicly available locations on the Site. These forums may be hosted by BMoney or by one of our third party service providers on BMoney’s behalf. You agree in posting content to follow the following rules:
- You are responsible for all content (“Your Content”) you submit, upload, post or store through your use of the BMoney Services or the Site. You grant BMoney a worldwide, royalty-free, non-exclusive license to host and use any of Your Content provided through your use of the BMoney Services. Archive Your Content frequently. You are responsible for any of Your Content that is lost or unrecoverable. You must provide all required and appropriate warnings, information and disclosures. BMoney is not responsible for Your Content or data you submit through the BMoney Services. You have full responsibility for your Content, including its legality, reliability, appropriateness, originality, and copyright. By submitting Your Content to us, you represent that you have all necessary rights and hereby grant us a perpetual, worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, modify, display, and perform all or any portion of Your Content in connection with the BMoney Services and our business, including without limitation, in future modifications of the BMoney Services, Beta Features, other products or services, and for promoting and redistributing part or all of the Site and the BMoney Services in any media formats and through any media channels. You also hereby grant each visitor a non-exclusive license to access Your Content through the Site, and to use, reproduce, distribute, prepare derivative works of, display and perform Your Content as permitted through the functionality of the BMoney Services and under this Agreement.
- You agree not to use, nor permit any third party to use, the BMoney Services to: (a) post or transmit any message which is libelous or defamatory, or which discloses private or personal matters concerning any person; (b) post or transmit any message, data, image or program that is indecent, obscene, pornographic, harassing, threatening, abusive, hateful, racially or ethnically offensive, that encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law, or that is otherwise inappropriate; (c) post or transmit any message, data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion; or (d) interfere with other visitors’ and customers’ use of the BMoney Services, including, without limitation, disrupting the normal flow of dialogue in an interactive area of the Site, deleting or revising any content posted by another person or entity, or taking any action that imposes a disproportionate burden on the BMoney Services infrastructure or that negatively affects the availability of the BMoney Services to others.
- Except where expressly permitted, you may not post or transmit charity requests, petitions for signatures, franchises, distributorship, sales representative agency arrangements, or other business opportunities (including offers of employment or contracting arrangements), club memberships, chain letters, or letters relating to pyramid schemes, or any advertising, promotional materials or any other solicitation of other users to use goods or services.
The BMoney Services may include a community forum or other social features to exchange information with other users of the BMoney Services and the public. BMoney does not support and is not responsible for the content in these community forums. Please use respect when you interact with other users. Do not reveal information that you do not want to make public. Users may post hypertext links to content of third parties for which BMoney is not responsible.
Social Media Sites
Disclaimer of Representations and Warranties
While BMoney uses reasonable efforts to include accurate and up-to-date information on this Site, it makes no representations or warranties, and provides no conditions, as to the truth, accuracy, reliability, usefulness, timeliness or completeness of that information. BMoney does not guarantee, and provides no warranties or conditions, that the Site or the BMoney Services will be sufficient or appropriate for every individual or situation, will be current, uninterrupted or error free. THE SITE, THE BMONEY CONTENT AND THE BMONEY SERVICES ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS, AND YOU USE THIS SITE AND THE BMONEY SERVICES AT YOUR OWN RISK. THE BMONEY CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. THE INFORMATION PROVIDED MAY NOT BE ACCURATE OR CURRENT, MAY NOT APPLY TO YOUR PARTICULAR SITUATION, OR MAY NOT BE SUITABLE OR APPROPRIATE FOR YOU. BMONEY STRONGLY URGES YOU TO CONSULT A PROFESSIONAL OR SOME OTHER AUTHORITY IN THE APPROPRIATE FIELD BEFORE USING ANY OF THE INFORMATION IT PROVIDES, AND YOU ACKNOWLEDGE THAT THE SITE AND THE BMONEY SERVICES ARE NOT INTENDED TO, AND SHOULD NOT BE CONSIDERED TO, PROVIDE ANY LEGAL, TAX, FINANCIAL PLANNING OR ACCOUNTING ADVICE. If you require advice in such fields, you should consult the appropriate professional advisors. BMONEY MAKES NO WARRANTY OR REPRESENTATION, AND PROVIDES NO CONDITION, THAT THE SITE OR THE BMONEY SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. You are strongly advised to obtain and use appropriate anti-virus and security software. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BMONEY HEREBY EXPRESSLY DISCLAIMS AND BY USING THIS SITE AND THE BMONEY SERVICES YOU WAIVE ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER LEGAL, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED CONDITIONS, REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY, COMPATIBILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, QUALITY OR FITNESS FOR PARTICULAR PURPOSE OR THE RESULTS THAT MAY BE OBTAINED FROM THE SITE OR THE BMONEY SERVICES, WHETHER ARISING FROM STATUTE, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE. THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS. You specifically agree that BMoney will not be responsible for unauthorized access to or alteration of the Site or any of the BMoney Services or your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through the Site or relating to the BMoney Services. You specifically agree that BMoney is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another’s rights, including intellectual property rights. You specifically agree that BMoney is not responsible for any content sent using or included in the Site or any of the BMoney Services by any third party.
Not a Financial Planner, Broker or Tax Advisor
NEITHER BMONEY NOR THE BMONEY SERVICES ARE INTENDED TO PROVIDE LEGAL, TAX, FINANCIAL PLANNING OR ACCOUNTING ADVICE. BMONEY IS NOT A FINANCIAL PLANNER, BROKER OR TAX ADVISOR. The BMoney Services are intended only to assist you in managing your finances and are broad in scope. Your personal financial situation is unique, and any information and advice obtained through the BMoney Services may not be appropriate for your situation. Accordingly, before making any final decisions or implementing any financial strategy, you should consider obtaining additional information and advice from your accountant or other financial advisers who are fully aware of your individual circumstances.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NONE OF BMONEY OR ANY THIRD PARTIES MENTIONED ON THE SITE AND THEIR RESPECTIVE AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, MANDATARIES, LICENSORS, SERVICE PROVIDERS AND REPRESENTATIVES, SHALL BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES INCLUDING LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, FAILURE TO REALIZE EXPECTED SAVINGS OR BUSINESS INTERRUPTION) ARISING FROM OR RELATING TO THE USE (OR INABILITY TO USE) THE SITE, THE BMONEY SERVICES, THE BMONEY CONTENT, THE INFORMATION ON OR ANY LINK, PRODUCT OR SERVICE AVAILABLE THROUGH THIS SITE OR ANY OF THE BMONEY SERVICES, OR ARISING OUT OF ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE SITE OR RELATING TO THE BMONEY SERVICES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BMONEY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST BMONEY, AND ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, MANDATARIES, LICENSORS, SERVICE PROVIDERS AND REPRESENTATIVES IN RESPECT OF ALL MATTERS REFERRED TO IN THE PRECEDING PARAGRAPH. IF FOR ANY REASON OR IN ANY CIRCUMSTANCE BMONEY IS FOUND LIABLE TO YOU, THE MAXIMUM AGGREGATE LIABILITY TO YOU, FOR ANY AND ALL CLAIMS ARISING IN ANY WAY FROM OR RELATING TO THE USE (OR INABILITY TO USE) THE SITE, THE BMONEY SERVICES, THE BMONEY CONTENT, THE INFORMATION ON OR ANY LINK, PRODUCT OR SERVICE AVAILABLE THROUGH THE SITE OR RELATING TO THE BMONEY SERVICES, OR ARISING OUT OF ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE SITE, RELATING TO THE BMONEY SERVICES OR OTHERWISE, SHALL BE LIMITED TO CDN$10.00.
Your Indemnification of BMoney
You agree to indemnify and hold harmless BMoney, its affiliates, directors, officers, agents, mandataries, employees, licensors, service providers and representatives for all losses, damages, expenses and costs, including reasonable legal counsel fees, arising from or in connection with any breach by you of this Agreement and/or your use or misuse of the Site or any BMoney Services or BMoney Content.
Hyperlinks from Third Party Site
We hereby provide consent to you creating a single hyperlink to any page of the Site, provided that: (a) The content of the website (“your site”) from which you link to the Site is not offensive under, or in breach of, your local laws and standards or those of Canada, and in particular the content of your site does not promote or positively portray unlawful activity, violence or intolerance of any sort; (b) Your site is in compliance with all laws applicable in the jurisdiction in which it is hosted and all laws of Canada; (c) Your site does not misrepresent, overstate, exaggerate, or otherwise deceptively describe the Site, BMoney or the relationship between your site and either the Site or BMoney; (d) Your site does not disparage or in any way negatively portray BMoney, the Site, or any product or service offered by BMoney or on the Site; (e) Your site, including the link permitted under this provision, does not infringe on any intellectual property right of BMoney. More specifically (but without limiting the breadth of the previous sentence), your site does not use any material, logo, text, image, video, or graphic in which BMoney holds copyright or is a trade mark or service mark (registered or unregistered and whether or not any identifying “TM”,”SM”, or ®/ “R” in a circle marking is used in association with such marks) of BMoney (including any logo or URL of BMoney, including the URL of the Site) except to the extent necessary to identify and link to the Site, and then only provided that a notice acknowledging BMoney’s ownership of the intellectual property is clearly displayed; (f) Your site does not, and no other website owned, controlled, or affiliated with you or your site, frames, mirrors, or otherwise displays any portion or content of the Site; and (g) You will, without any claim whatsoever arising there from, immediately upon request from a representative of the Site by telephone, facsimile, mail, email, or any other form of communication, remove any or all links to the Site from your site(s) as requested by such representative of the Site, whether or not such representative provides any reason or justification for such request. Your right to create any such link, in addition to be revocable as described above, is non-exclusive, and you acknowledge and agree that such right does not in any way provide you with any right or license (express, implied, by estoppel, or otherwise) in or to any Site content or any intellectual property of BMoney (or any third party the intellectual property of which is present or visible on the Site), including any copyright, trademark, service mark, patent, trade secret, trade dress or otherwise. Except as set out in this Section 17, you may not create any link to the Site without our express prior written consent.
Claims of Copyright Infringement
If you believe that material in which you hold copyright is visible please provide details of where the material is visible along with a description of the material, as well as your own name and contact information and such other information as is reasonably necessary to allow us to determine whether the BMoney Content in question infringes.
Ending Your Relationship with BMoney
This Agreement will continue to apply until terminated by either you or BMoney as set out below. If you want to terminate this Agreement as it relates to your BMoneyAccount, you may do so by contacting us to close your BMoneyAccount. Your BMoneyAccount will be closed and your ability to log in deactivated within ten (10) days of your request. Your BMoneyAccount data will be removed within 30 days.
To remove BMoney from your mobile device(s), delete the BMoney App. However, deleting the BMoney App will not delete your BMoneyAccount, it will only delete the data from the device.
BMoney may at any time, terminate its Agreement with you and access to the BMoney Services: (a) if you have breached any provision of this Agreement (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of this Agreement); (b) if BMoney in its sole discretion believes it is required to do so by law (for example, where the provision of the BMoney Service to you is, or becomes, unlawful); or (c) for any reason and at any time with or without notice to you.
You acknowledge and agree that BMoney may immediately deactivate or delete your BMoneyAccount and all related information in or relating to your BMoneyAccount and/or prohibit any further access to the BMoney Services by you. Further, you agree that BMoney will not be liable to you or any third party for any termination of your access to the BMoney Services.
BMoney reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site or BMoney Services with or without notice. BMoney reserves the right to change the BMoney Services, including applicable fees, in our sole discretion and from time to time. If you do not agree to the changes after receiving a notice of the change to the BMoney Services, you may stop using the BMoney Services. Your use of the BMoney Services after you are notified of any change(s) will constitute your agreement to such change(s). You agree that BMoney will not be liable to you or to any third party for any modification, suspensions, or discontinuance of the BMoney Services.
BMoney may modify this Agreement from time to time. Any and all changes to this Agreement may be provided to you by electronic means (i.e., via email or by posting the information on the Site). In addition, this Agreement will always indicate the date it was last revised. You are deemed to accept and agree to be bound by any changes to this Agreement when you use the BMoney Services after those changes are posted.
Governing Law and Forum for Disputes
Except as otherwise specified in the specific terms of any agreement arising through your use of the Site or any of the BMoney Services: (a) this Agreement is to be interpreted and governed by the laws of the Province of Ontario and the laws of Canada applicable therein, without reference to principles of conflicts of laws; and (b) the courts located in Toronto, Ontario and the courts of appeal therefrom will have exclusive jurisdiction to hear and decide any and all disputes arising under this Agreement or otherwise arising from or relating to the Site, the BMoney Services and/or any BMoney Content. In the event that the laws of the Canadian jurisdiction in which you reside require that the laws of such jurisdiction apply to this Agreement and/or a venue located in such jurisdiction to hear all disputes arising under this Agreement, the foregoing governing law and/or venue, as applicable, will not apply to you.
Entire Agreement; Severability; Language
Unless otherwise specified in this Agreement, this Agreement constitutes the entire agreement between you and BMoney with respect to the Site and the BMoney Services and supersedes all prior or communications and agreements (whether oral, written, or electronic) between you and BMoney with respect to the Site and the BMoney Services. If any part of this Agreement is held invalid or unenforceable, the remainder of this Agreement will remain in full force and effect. It is the express wish of the parties that this Agreement and all related documents be drawn up in English. C’est la volonté expresse des parties que la présente convention ainsi que tous les documents y afférents soient rédigés en anglais.
BMoney’s failure to exercise or enforce any right or provision of this Agreement will not constitute a waiver of that right or provision. All such waivers will be in writing and duly signed by BMoney.