TERMS OF USE

Last Revised: June 19, 2016

These terms of use for binqit.com and its related mobile applications (altogether, the “Services”) constitute a legal agreement and are entered into by and between you and binqit inc. (“Company,” “we,” “us,” “our”). The following terms and conditions (these “Terms of Use”), govern your access to and use of the Services.

BY USING THE SERVICES OR BY CLICKING TO ACCEPT THESE TERMS OF USE, YOU ACCEPT AND AGREE TO BE BOUND AND COMPLY WITH THESE TERMS OF USE AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS OF USE OR THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE THE SERVICES.

By accessing and using the Services, you represent and warrant that you are the legal age of majority under applicable law to form a binding contract with the Company and meet all of the foregoing eligibility requirements.

If you are under the age of majority under applicable law, you must obtain consent from your legal guardian to use the Services. The legal guardian must read and acknowledge and agree to these Terms of Use. As the legal guardian, you agree to be a party to this legal agreement and you agree to be held as a user, jointly with your minor, pursuant to these Terms of Use. You agree to monitor, supervise, be held responsible and be liable for your child’s use of these Services. You also agree to allow us to collect and use all submitted information with regards to your child in accordance with these Terms of Use.

Contact

The Services are operated by binqit inc. with its registered head office at 700-111 Peter Street, Toronto, Ontario M5V 2H1. All physical mail should be sent to this address.

All electronic communications should be sent to the Company at info@binqit.com. Should you become aware of misuse of the Services including libelous or defamatory conduct, you must report it to the Company at the email address above. All other feedback, comments, requests for technical support, and other communications relating to the Services are also welcome.

Your Use of the Services and Account Set-Up and Security

Users are responsible for obtaining their own access to the Services and for the Services’ availability and performance. Users are required to ensure that all persons who access the Services through an internet connection are aware of these Terms of Use and comply with them. Users are solely responsible for any security breaches or performance issues relating to the access of our Services.

The Services, including content or areas of the Services may require user registration. It is a condition of your use of the Services that all the information you provide is correct, current, and complete. You assume sole responsibility for any damages or loss resulting from your provision of incorrect, non-current or non-complete information.

Your provision of registration information and any submissions you make to the Services through any functionality such as mobile applications, direct chat communications, e-mail, message boards, phone and any other such functions constitutes your consent to all actions we take with respect to such information consistent with our Privacy Policy.

Any username, password, or any other piece of information chosen by you or provided to you as part of our security procedures, must be treated as confidential, and you must not disclose it to any other person or entity. You must exercise caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other information. You understand and agree that should you be provided an account, your account is personal to you and you agree not to provide any other person with access to the Services using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you logout from your account at the end of each session. You are responsible for any password misuse or any unauthorized access.

We reserve the right at any time and from time to time, to disable or terminate your account, any username, password, or other identifier, whether chosen by you or provided by us, in our sole discretion for any or no reason, including any violation of any provision of these Terms of Use.

Safety and Security

You are prohibited from attempting to circumvent and from violating the security of the Services including without limitation: (a) accessing content and data that is not intended for you; (b) attempting to breach or breaching the security and/or authentication measures which are not authorized; (c) restrict disrupt or disable service to users, hosts, servers or networks; (d) illicitly reproducing TCP/IP packet header; (e) disrupting network services and otherwise disrupting our ability to monitor the domain or the mobile applications; (f) use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material; (g) introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (h) attack the domain server or the mobile server via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing or crashing; and (i) otherwise attempt to interfere with the proper working of the Services.

In the event that a third-party attempts to circumvent or violate the security of the Services in the manner or in an analogous manner to those listed above, you agree that the Company shall not be held liable for any damages, loss or any other costs associated with or arising from a security breach. You hereby waive and hold the Company harmless for all claims arising from a security breach, and all unauthorized access, collection or theft of information from the Company.

Intellectual Property Rights and Ownership

You understand and agree that the Services and its entire 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 the Company, 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.

The Company name, binqit, the Company logo and all related names, logos, product and service names, designs, images and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. Other names, logos, product and service names, designs, images and slogans mentioned or which appear on the Services are the trademarks of their respective owners. Use of any such property, except as expressly authorized, shall constitute a violation of the rights of the property owner and may be a violation of federal or other laws and could subject the violator to legal action.

You may only use the Services for the sole purpose of finding employment or employees. You shall not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our websites or mobile applications, in any form or medium whatsoever except:

  • your computer and browser may temporarily store or cache copies of materials being accessed and viewed;
  • a reasonable number of copies for personal use only may be printed keeping any proprietary notices thereon, which may only be used for lawful personal use and not for further reproduction, publication, or distribution of any kind on any medium whatsoever; and
  • in the event social media features are provided with respect to certain content are made available through our Services, you may take such actions as our site permits for such features.

Users are not permitted to modify copies of any materials from this site nor delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

If you print off, copy or download any part of our site in breach of these Terms of Use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. You have no right, title, or interest in or to the Services or to any content on the Services, and all rights not expressly granted are reserved by the Company. Any use of the Services not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other intellectual property laws.

Conditions of Use and User Submissions and Site Content Standards

As a condition of your access and use you agree that you may use the Services only for lawful purposes and in accordance with these Terms of Use.

The following content standards apply to any and all content, material, and information a user submits, posts, publishes, displays, or transmits (collectively, “submit”) to our website(s), mobile applications, to other users or other persons through the use of the Services (collectively, “User Submissions”). Any and all User Submissions must comply with all applicable federal, provincial, local, and international laws and regulations.

Without limiting the foregoing, you warrant and agree that your use of the Services and any User Submissions shall not:

  • In any manner violate any applicable federal, provincial, local, or international law or regulation including, without limitation, any laws regarding the export of data or software, patent, trademark, trade secret, copyright, or other intellectual property, legal rights (including the rights of publicity and privacy of others) or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy;
  • Include or contain any material that is exploitive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age or other such prohibited ground or be otherwise objectionable;
  • Involve stalking, attempting to exploit any individual or harm minors in any way by exposing them to inappropriate content or otherwise nor ask for personal information;
  • Involve, provide or contribute any false, inaccurate or misleading information;
  • Include sending, knowingly receiving, uploading, downloading, using, or reusing any material that does not comply with these Terms of Use;
  • Impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses, or screen names associated with any of the foregoing);
  • Transmit, or procure the sending of, any advertisements or promotions without our prior written consent, commercial activities or sales, including without limitation any “spam”, “junk mail”, “chain letter”, contests, sweepstakes and other sales promotions, barter, or advertising or any other similar solicitation;
  • Include engaging in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm the Company or users of the Services or expose them to liability;
  • Include causing annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, or alarm any other person;
  • Promote any illegal activity, or advocate, promote, or assist any unlawful act; or
  • Give the impression that they originate from or are endorsed by us or any other person or entity, if this is not the case.

None of the User Submissions you submit to the Services will be subject to any confidentiality by the Company beyond what is stated within our Privacy Policy. By providing any User Submission to the Services, you grant us 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 waive any moral rights or other rights of authorship as a condition of submitting any User Submission.

By submitting the User Submissions, you declare and warrant that you own or have the necessary rights to submit the User Submissions and have the right to grant the license hereof to us. You represent and warrant that all User Submissions comply with applicable laws and the User Submissions and Site Content Standards set out in these Terms of Use.

You understand and agree that you, not the Company, are fully responsible for any User Submissions you submit or contribute, and you are fully responsible and legally liable including to any third party for such content and its accuracy. We are not responsible or legally liable to any third party for the content or accuracy of any User Submissions submitted by you or any other user of the Services.

IN ORDER FOR US TO PROVIDE THE SERVICES TO YOU, WE MUST SHARE USER SUBMISSIONS WITH OTHER USERS. YOU HEREBY ACKNOWLEDGE THAT WE MAY SHARE ALL USER SUBMISSIONS, WITH THE EXCEPTION OF PASSWORDS, PAYMENT INFORMATION AND ANY OTHER INFORMATION YOU EXPLICITELY IN WRITING DESIGNATE OTHERWISE, WITH OTHER USERS.

AS AN USER, YOU WILL BE PROVIDED WITH OTHER USERS’S USER SUBMISSIONS AS PART OF OUR SERVICES. YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU SHALL KEEP ALL RECEIVED INFORMATION IN STRICT CONFIDENCE. YOU SHALL NOT SHARE, PRINT, SCAN, SEND, DISTRIBUTE OR IN ANY OTHER MANNER COMMUNICATE RECEIVED INFORMATION FROM USER SUBMISSIONS IN ANY WAY WHATSOEVER THAT INFRINGES UPON THE PRIVACY RIGHTS OF OTHER USERS. ANY VIOLATION OF USER PRIVACY RIGHTS, AS DETERMINTED IN OUR SOLE DISCRETION, SHALL RESULT IN AN IMMEDIATE SUSPENSION AND POSSIBLE TERMINATION OF YOUR ACCOUNT.

Site Monitoring and Enforcement, Suspension and Termination

The Company has the right, without provision of notice to:

  1. Remove or refuse to post on the Services any User Submissions for any or no reason in our sole discretion;
  2. At all times, to take such actions with respect to any User Submission deemed necessary or appropriate in our sole discretion, including without limitation, for violating these Terms of Use;
  3. Take appropriate legal action, including without limitation, referral to law enforcement, regulatory authority or harmed party for any illegal or unauthorized use of the Services. 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 Services; and
  4. Terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of these Terms of Use.

YOU WAIVE AND HOLD HARMLESS THE COMPANY FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY RELATING TO ANY INVESTIGATIONS BY EITHER THE COMPANY OR BY LAW ENFORCEMENT AUTHORITIES FOR THE VIOLATION OF THESE TERMS OF CONDITIONS OR ANY APPLICABLE LAWS WITHIN THE JURISIDICTION OF CANADA.

We have no obligation, nor any responsibility to any party to monitor the Services or its use, and do not and cannot undertake to review material that you or other users submit to the Services. 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.

No Reliance

The content on our Services is provided for information purposes only. It is not intended to amount to advice on which you should rely. You should obtain more specific or professional advice before taking, or refraining from, any action or inaction on the basis of the content on our site.

Although we make reasonable efforts to update the information on our Services, we make no representations, warranties or guarantees, whether express or implied, that the content on our Services is accurate, complete or up to date. Your use of the Services is at your own risk and the Company has no responsibility or liability whatsoever for your use of this Services.

The Services include content provided by third parties, including from other users. All statements and/or opinions expressed in any such third-party content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. Such materials do not necessarily reflect the opinion of the Company. The Company is not responsible, or liable to you or any third party, for the content or accuracy of any third-party materials.

Privacy

Any user information and User Submissions will be deemed our property and your submissions and use of our site constitutes consent to the collection, use, reproduction, hosting, transmission and disclosure of any such user content submissions in compliance with our Privacy Policy, as we deem necessary for use of the Services

.

By using the Services you are consenting to the use of cookies which allow a server to recall previous requests or registration and/or IP addresses to analyze website and mobile application use patterns. You can set your browser to notify you before you receive a cookie, giving you the chance to decide whether to accept it. You can also set your browser to turn off cookies. If you do, however, some parts of the Services may not function adequately.

Third Party Websites

For your convenience, the Services may provide links or pointers to third party sites. We make no representations about any other websites that may be accessed from the Services. If you choose to access any such sites, you do so at your own risk. We have no control over the contents of any such third-party sites, and accept no responsibility for such sites or for any loss or damage that may arise from your use of them. You are subject to any terms and conditions of such third-party sites.

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. Our site must not be framed on any other site, nor may you create a link to any part of our site other than the homepage. We reserve the right to withdraw linking permission without notice. The website in which you are linking must comply in all respects with the Conditions of Use and User Submissions and Site Content Standards. You agree to cooperate with us in causing any unauthorized framing or linking to immediately stop.

Online Purchases

Certain aspects of the Services may be provided for a fee. If you elect to use paid features of the Services, you agree to the pricing and payment terms for the applicable Services, as we may update them from time to time. We may add new services and products for additional fees and charges, or amend fees and charges for existing services, at any time in our sole discretion.

In the event that we suspend, limit, condition or terminate your access to the Services and/or your account due to your breach of this Terms of Use you understand and accept that you will not receive a refund with respect to fees that you have pre-paid and to the extent that you have not paid any applicable fees, you will remain liable to pay us the entire fees.

All information that you provide in connection with a monetary transaction must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction at the prices in effect when such charges are incurred. You will also pay any applicable taxes relating to such transactions. If at any time we are required by a taxing authority to pay any taxes not previously collected from you, you will promptly submit such taxes (including applicable penalties and interest, if any) to us upon written notice.

Delinquent payments may bear interest at the rate of one-and-one-half percent per month (or the highest rate permitted by law, if less) from the payment due date until paid in full. You will be responsible for all reasonable expenses (including legal fees and expenses) incurred by us in collecting delinquent amounts, except where the delinquent amounts are due to billing inaccuracies. In addition, if you are late in payment of any fees, we reserve the right to either (i) immediately suspend or terminate your access to the applicable Services without notice, and in the event of any such suspension or termination, you will remain responsible for the entire amount of fees owing for such Services; or (ii) bill your credit/debit card on file with us under this or any other agreement.

In the event that you pay for any Services using a credit card or debit card, you authorize us or an authorized third-party to charge your credit or debit card (or other acceptable payment method that you have chosen from those offered) (each a “Payment Method”), for the applicable fees together with any applicable sales, use, excise, consumption or other similar tax applicable to the Services. You represent that you are authorized to use the Payment Method on your company’s behalf and you agree to accept an electronic record of a receipt. If at any time your Payment Method will not accept the charge for fees due, you agree that we may suspend or terminate your access to the applicable Services and that you will continue to remain liable for the full payment for such Services even after your access to the Services has been terminated or suspended. By providing any Payment Method, you agree that applicable credit card, debit card and billing information may be shared with third parties such as payment processors and credit agencies, and/or collection agencies for the purposes of checking your credit, effecting payment, collecting payments and late fees if applicable, and for providing the applicable Services to you or in order to enforce our agreement with you. We may also share this information with law enforcement authorities and in response to subpoenas, court orders, and search warrants.

If you have been offered a free trial to the Services (a “Free Trial”), you may be required to provide valid credit card/debit card and billing information. Your credit/debit card will not be charged during the Free Trial. You can cancel at any time during the Free Trial by accessing our website, calling or emailing us. It is your responsibility to timely cancel your Free Trial prior to the expiration of the term of the Free Trial to avoid any unwanted charges. Once your Free Trial is cancelled you will lose access to all information provided through our Services. Once your Free Trial expires, we will automatically charge your debit/credit card for any paid services.

We can suspend or terminate your access to the Services in the following instances:

  • If you breach these Terms of Use and cannot correct the breach within the period required by us if the breach is capable of cure;
  • If you fail to pay any monies owed to us for paid services or if you become the subject of a bankruptcy, insolvency, receivership, liquidation, assignment for the benefit of creditors or similar proceeding;
  • In the event of recurring violations of these Terms of Use; and
  • For convenience via email notification to you and in the event of such termination for convenience, you will receive a refund of any pre-paid fees pertaining to Services paid for, but not provided.

In the event of any termination or suspension of your access to the Services, you remain responsible for the entire amount of the fees pertaining to the applicable Services. We may suspend your access to the Services without notice in the event of a suspected violation of these Terms of Use. You may terminate our agreement if we materially breach these Terms of Use and do not cure the breach within ten (10) days after receipt of written notice from you. Pre-paid fees are non-refundable, except in the case of an uncured material breach by us, in which case you will receive a refund of any pre-paid fees pertaining to Services paid for but not provided.

Geographic Restrictions

The owner of the Services is based in the Province of Ontario in Canada. We provide the Services 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 site from outside Canada you do so at your own risk and you are responsible for compliance with local laws of your jurisdiction.

Disclaimer of Warranties

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE SERVICES 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 THE COMPANY NOR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR SERVICE PROVIDERS MAKES ANY WARRANTY, REPRESENTATION OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY OR AVAILABILITY OF THE SERVICES OR ITS CONTENTS. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR SERVICE PROVIDERS REPRESENTS OR WARRANTS THAT THE SERVICES, ITS CONTENT, OR ANY ITEMS FOUND OR ATTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES OR DATA AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE SERVICES WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE SERVICES AND YOUR DEVICE, 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 SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

Limitation on Liability

UNDER NO CIRCUMSTANCE WILL THE COMPANY OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR SERVICE PROVIDERS BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDEMENTAL 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, RELIANCE ON, THE SERVICES, ANY LINKED WEBSITES OR SUCH OTHER THIRD PARTY WEBSITES, NOR ANY SITE CONTENT, MATERIALS, POSTING OR INFORMATION THEREON.

Indemnification

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Company and its 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 of Use or your use of the Services, including, but not limited to, your User Submissions, third party sites, any use of the Services’ content, services, and products other than as expressly authorized in these Terms of Use.

Governing Law and Jurisdiction

The Services and these Terms of Use will be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle or rule (whether of the laws of the Province of Ontario or any other jurisdiction) and notwithstanding your domicile, residence or physical location.

Any action or proceeding arising out of or relating to the Services and under these Terms of Use will be instituted in the courts of the Province of Ontario and/or the Federal Court of Canada, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.

Waiver

No waiver under these Terms of Use is effective unless it is in writing and signed by an authorized representative of the party waiving its right. No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from these Terms of Use 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 of Use is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of these Terms of Use or invalidate or render unenforceable such term or provision in any other jurisdiction.

Entire Agreement

These Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and binqit inc. regarding the Services and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter.

Close Menu