Terms & Conditions

WEBSITE USE AGREEMENT

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

Your use of monexgroup.com is expressly conditioned on your acceptance without modification of the following terms and conditions (the "Terms and Conditions"). By using monexgroup.com you signify your acceptance of these Terms and Conditions.

WELCOME TO MONEXGROUP.COM. PLEASE READ THIS AGREEMENT CAREFULLY AS IT GOVERNS YOUR USE OF MONEXGROUP.COM WEBSITE. IT EXEMPTS MONEXGROUP.COM AND OTHER PERSONS FROM LIABILITY OR LIMITS THEIR LIABILITY, AND CONTAINS OTHER IMPORTANT PROVISIONS THAT YOU SHOULD READ.

This Agreement contains the following provisions:

1. Your Acceptance of this Agreement
2. Permission to Use the Website
3. Changes to this Agreement
4. Ownership and Permitted Use of the Website
5. Misprints and Errors, Product Availability and Prices
6. No Linking, Framing, Mirroring, Scraping, Data-Mining or Postings
7. Login Names and Passwords
8. Software Agreements
9. Your Information
10. Disclaimers, Liability Exclusions/Limitations and Indemnity
11. Personal Information Privacy
12. Termination
13. Governing Law and Dispute Resolution
14. Other Matters
15. Referral Rewards

1. YOUR ACCEPTANCE OF THIS AGREEMENT
This is an Agreement between you and all persons you represent (and for purposes of this Agreement, "person" includes natural persons and any type of incorporated or unincorporated entity) and Money Express POS Solutions Inc. regarding your access to and use of Money Express's www.monexgroup.com website and all content, information, products and services available on or through the website (collectively, the "Website"). This Agreement also provides benefits to Money Express POS Solutions Inc. affiliates, service providers, suppliers and other persons. Each time you use the Website you signify your acceptance and agreement, and the acceptance and agreement of any person you purport to represent, to be bound by this Agreement as it then reads, and you represent and warrant that you have the legal authority to agree to and accept this Agreement on behalf of yourself and any person you purport to represent. If you do not agree with each provision of this Agreement, or you are not authorized to agree to and accept this Agreement on behalf of the person you purport to represent, you may not access or use the Website. The Website is for convenience and informational purposes only and is not intended to convey advice or recommendations, or an offer to sell any product or service. This Agreement is in addition to any other agreement you may have with Money Express POS Solutions Inc, including a transactions processing agreement for the purpose of processing Debit / Credit / ATM / Gift Cards and other such type of transactions.

2. PERMISSION TO USE THE WEBSITE
You may use the Website only if you have reached the age of majority where you live and you can form legally binding contracts under applicable law. You may not use the Website if you live in a jurisdiction where access to or use of the Website or any part of it may be illegal or prohibited. It is solely your responsibility to determine whether your use of the Website is lawful, and you must comply with all applicable laws. Money Express POS Solutions Inc. reserves the right to request proof of identification and age (for example, proof of your ability to purchase certain games).

3. CHANGES TO THIS AGREEMENT
Money Express POS Solutions Inc. may, in its sole discretion, change this Agreement from time to time as it relates to future use of the Website, by posting a revised Agreement on the Website. By using the Website after this revised Agreement has been posted, you signify your acceptance and agreement to be bound by the revised Agreement. You may not change this Agreement in any manner.

4. OWNERSHIP AND PERMITTED USE OF THE WEBSITE
The Website (including all content, page headers, custom graphics, button icons, and scripts and the presentation, arrangement, coordination, enhancement and selection of such and other information in text, graphical, video and audio forms, images, icons, software, designs, applications, data, and other elements available on or through the Website) is the property of Money Express POS Solutions Inc., and is protected by Canadian and international copyright, trademark and other laws. Your use of the Website does not transfer to you any ownership or other rights in the Website or its content. The Website is made available to you for your lawful, personal use only. You may use the Website only in the manner described expressly in this Agreement and subject to all applicable laws. Using the Website for any other purpose or in any other manner is strictly prohibited. You may print Website pages provided that you do not modify any of the pages and you do not remove or alter any visible or non-visible identification, marks, notices, or disclaimers. The Website and its content may not be copied, imitated, reproduced, republished, uploaded, posted, transmitted, modified, indexed, catalogued, mirrored or distributed in any way, in whole or in part, without the express prior written consent of Money Express POS Solutions Inc. You may not sell or resell any part of the Website or access to the Website. You may not use any of the software that is used in the operation or provision of the Website except while you are using the Website in accordance with this Agreement.

5. MISPRINTS AND ERRORS, PRODUCT AVAILABILITY AND PRICES
Money Express POS Solutions Inc. endeavours to provide current and accurate information on the Website. However, misprints, errors, inaccuracies, omissions (including incorrect specifications for products) or other errors may sometimes occur. Money Express POS Solutions Inc. cannot guarantee that products and services advertised on the Website will be available when ordered or thereafter. Money Express POS Solutions Inc. does not warrant that the content of the Website including, without limitation, product descriptions or photographs, is accurate or complete. Money Express POS Solutions Inc. reserves the right to: (a) correct any error, inaccuracy or omission at any time without prior notice or liability to you or any other person; (b) change at any time the products and services advertised or made available for sale on the Website, the prices, fees, charges and specifications of such products and services, any promotional offers and any other Website content without any notice or liability to you or any other person; (c) reject, correct, cancel or terminate any order, including accepted orders for any reason and (d) limit quantities available for sale or sold. The advertisements on the Website are invitations to you to make offers to purchase products and services on the Website and are not offers to sell. All prices and other amounts appearing on the Website are quoted in Canadian dollars. Any deposits made for purchases are not redeemable.

6. NO LINKING, FRAMING, MIRRORING, SCRAPING, DATA-MINING OR POSTINGS
Links to the Website without the express written permission of Money Express POS Solutions Inc. are strictly prohibited. To request permission to link to the Website, please send an email to legal@monexgroup.com. Money Express POS Solutions Inc. may in its discretion cancel and revoke any permission it may give to link to the Website at any time and without any notice or liability. The framing, mirroring, scraping or data-mining of the Website or any of its content in any form and by any means is strictly prohibited. You may not use any collaborative browsing or display technologies in connection with your use of the Website or to post comments, communications, or any other data of any kind to or on the Website with the intention that such postings may be viewed by other users of the Website.

7. LOGIN NAMES AND PASSWORDS
Certain areas and features of the Website are accessible only to users who have been issued a login name and password (collectively "Codes") by Money Express POS Solutions Inc. For the purposes of accessing the Website, the Codes remain the property of Money Express POS Solutions Inc. and may be cancelled or suspended at any time by Money Express POS Solutions Inc. in its discretion without any notice or liability to you or any other person. Money Express POS Solutions Inc. is not under any obligation to verify the actual identity or authority of any person using Codes to access and use the Website. Money Express POS Solutions Inc. may act upon any communication that is given with the use of Codes. Money Express POS Solutions Inc. may in its discretion at any time require proof of the identity of any person seeking to access and use the Website, and may deny access to and use of the Website or parts of it or refuse to accept or act upon any communication if Money Express POS Solutions Inc. is not satisfied with such proof. If you have been issued Codes: (a) you are fully responsible and liable for the security of the Codes and any and all use and misuse of the Codes; (b) you will keep the Codes secure and confidential at all times and not disclose the Codes to any other person or permit any other person to use the Codes; (c) you will ensure that all uses of the Codes comply with this Agreement; (d) once you have logged-on to the Website using the Codes, you will not leave the computer terminal used to access the Website unless and until you have terminated the session and logged-off the Website; and (e) you will immediately notify Money Express POS Solutions Inc. by email to:legal@monexgroup.com if you know or suspect that any Codes have been lost or stolen or become known to or used by any other person.

8. SOFTWARE AGREEMENTS
Money Express POS Solutions Inc. may cause software to be available for you to download from the Website or through other Websites and Internet resources. The software is protected by copyright, and your downloading and use of the software is governed by the applicable transaction agreement and the Software License Agreement specific to the software. By downloading software, you signify your agreement and acceptance of the applicable transaction agreement and Software License Agreement.

9. YOUR INFORMATION
All information you provide through the Website, including registration information (name and email address), payment information (credit card numbers and expiration dates), and transaction-related information, must be true, accurate, current and complete. Money Express POS Solutions Inc. will rely on the information you provide. You will be solely responsible and liable for any and all loss, damage, and additional costs that you, Money Express POS Solutions Inc. or any other person may incur as a result of your submission of any false, incorrect or incomplete information or your failure to update your registration information and payment information within 30 days of any change.

10. DISCLAIMERS, LIABILITY EXCLUSIONS/LIMITATIONS AND INDEMNITY

• DISCLAIMERS
  YOUR ACCESS TO AND USE OF THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND INCLUDING WITHOUT LIMITATION IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF OR RELATING TO ACCURACY, ACCESSIBILITY, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, PERFORMANCE OR DURABILITY, ALL OF WHICH ARE DISCLAIMED BY MONEY EXPRESS POS SOLUTIONS INC.TO THE FULLEST EXTENT PERMITTED BY LAW.
  
  
• LIABILITY EXCLUSIONS
  MONEY EXPRESS POS SOLUTIONS INC. WILL NEVER BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY LOSS OR DAMAGE ARISING FROM, CONNECTED WITH, OR RELATING TO THE WEBSITE OR THIS AGREEMENT INCLUDING BUT NOT LIMITED TO LOSS OF DATA, BUSINESS, MARKETS, SAVINGS, INCOME, PROFITS, USE, PRODUCTION, REPUTATION OR GOODWILL, ANTICIPATED OR OTHERWISE, OR ECONOMIC LOSS, UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY OR LAW OR EQUITY), REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING (INCLUDING WITHOUT LIMITATION GROSS NEGLIGENCE AND FUNDAMENTAL BREACH) BY MONEY EXPRESS POS SOLUTIONS INC. OR ANY PERSON FOR WHOM MONEY EXPRESS POS SOLUTIONS INC. IS RESPONSIBLE, AND EVEN IF MONEY EXPRESS POS SOLUTIONS INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE BEING INCURRED.
  
  
• ACKNOWLEDGEMENT AND EXCLUSION BY STATUTE IN CERTAIN JURISDICTIONS
  THE EXCLUSION OF CERTAIN WARRANTIES AND THE LIMITATION OF CERTAIN LIABILITIES IS PROHIBITED IN SOME JURISDICTIONS. THESE STATUTORY PROHIBITIONS MAY APPLY TO YOU.

11. PERSONAL INFORMATION PRIVACY
Money Express POS Solutions Inc. collects, uses and discloses personal information in accordance with its Privacy Policy, which is available by clicking here (insert privacy policy link and insert privacy policy) and which may be changed from time to time by Money Express POS Solutions Inc in its discretion without any notice or liability to you or any other person by making an amended Privacy Policy accessible through the Website. By accepting this Agreement, and each time you use the Website, you consent to the collection, use and disclosure of your personal information by Money Express POS Solutions Inc in accordance with the Privacy Policy as it then reads.

12. TERMINATION
Notwithstanding any other provision of this Agreement, Money Express POS Solutions Inc. may in its discretion change, discontinue, modify, restrict, suspend or terminate the Website or any part of it without any notice or liability to you or any other person. Money Express POS Solutions Inc. may in its discretion and for its convenience at any time immediately terminate, temporarily or permanently, this Agreement or your permission to access and use the Website without any notice or liability to you or any other person. If this Agreement or your permission to access or use all or any part of the Website is terminated for any reason, then this Agreement and all other then existing agreements between you and Money Express POS Solutions Inc. will continue to apply and be binding upon you regarding your prior access to and use of the Website, and anything connected with, relating to or arising therefrom.

13. GOVERNING LAW AND DISPUTE RESOLUTION
This Agreement, your access to and use of the Website, and all related matters are governed solely by the laws of Ontario, Canada. You consent and submit to the exclusive jurisdiction of the courts located in the City of Toronto, in the Province of Ontario, Canada, in all disputes arising out of or relating to the use of Monexgroup.com and these Terms and Conditions.

14. OTHER MATTERS
If any provision of this Agreement is held to be invalid or unenforceable for any reason, then the provision will be deemed to be severed from this Agreement and the remaining provisions will continue in full force and effect. This Agreement inures to the benefit of and is binding upon each of Money Express POS Solutions Inc. and its successors, assigns and related persons, and you and your heirs, executors, administrators, successors, permitted assigns and personal representatives. You may not assign this Agreement or the rights and obligations under this Agreement. Money Express POS Solutions Inc. may assign this Agreement and its rights and obligations under this Agreement without your consent. No consent or waiver by any party to or of any breach or default by any other party in its performance of its obligations under this Agreement will be: (a) deemed or construed to be a consent to or waiver of a continuing breach or default or any other breach or default of those or any other obligations of that party; or (b) effective unless in writing and signed by all parties. The parties have expressly requested and required that this Agreement and all other related documents be drawn up in the English language. Any rights not expressly granted by this Agreement are reserved to Money Express POS Solutions Inc. You may contact Money Express POS Solutions Inc.email at legal@monexgroup.com

15. REFERRAL REWARDS
Referral Rewards Policy - Referral payments are only awarded to an existent merchant whose account is up to date and that refer to Monex a ‘new’ customer. Referral payments will not be awarded for hardware upgrades or terminal conversions. Referral payments are payable only after 1) the ‘new’ customer signs for and pays for the terminal, 2) after 30 consecutive days of service with Monex, and 3) the ‘new’ customer does not return any payments for the purchase of the terminal or for any service fees. This offer cannot be made in conjunction with any other offers. Monex at its sole discretion may terminate the Referral Rewards program at any time without notice. Monex reserves the right to change the conditions of the Referral Rewards program at any time and without notice. Please allow up to 30 days for delivery of payment after conditions 1, 2 and 3 are satisfied.