These terms of services define the working relationship between empcontracting.ca Inc. and our customers!
We use cookies minimally to do our best to give our online patrons a good web experience and do not sell information of patrons of our web cloud and we do alot of work to make sure that our web sites and domains are encrypted with a modern cypher suite to protect our customers and potencial customers from online threats including fraud and information leaching and other threats. We take pride in keeping our website up to date and while using our site you have the choice to except or reject our cookies that can have an effect on the over all experience but leave that to our web surfers to except or not except our cookies.
We reserve the right to negotiate with each customer to find sufficient deals with our customers and reserve also the right to bill for time and costs of projects that come up as they unfold and will always give a written cost free quotation after a concelation of jobs followed by a binding contract in writing that each customer has the legal amount of time to back out of in Canadian law.
For returns of products and materials we with hold 20% restocking fees on all cancelled contract monies for restocking and in the event of re delivery of items the customer will be responsible for the return delivery of any goods and service equipment on route when cancelled and also any customer pre fabricated items will be 100% billable upon start of the manurfacturing of work to the full price of the said work and do immediatly for billable payment to the contractor, After the cancellation period after wich all deals are final and must be made known to us in writing by email or mail for cancellations.
We always provide both a written quote for guidlines following a consultation and then after negotiation for the final scope of the work contract but in the event of additional workmanship of any sort contracts will incure additional charges to line items that are not present in contract breakdown of work and costs per the writen negotiated and agreed on contract.
Each customer is allowed one free written contract estimation per year and multiple quotation requests will be billed per out hourly rate for design and estimation.
Information regarding demographics and geographics and billing information is held under encrypted frame work and we do in house training and use encryted mediums when conducting all business both B2Business B2Governement and B2Customer and with our suppliers of goods no matter what country they are located in we advise stategies to keep breaches to a zero number and will let our partners, share holders and customers know of any breaches if and when they happen.
We ship our packages free of charge to most Canadian destinations except Newfoundland, Labradore and Inuvaute. For delivery of materials and equipement to those areas or other remote areas where additional use of air or water none road transpertation is in order we will noteify the custmer in writing of any additional charges once so ever, and upon agreeing to the charges customers will have a chance to make a payment arrangement at that time and we will negotiate a payment scedual that will be followed by the customer and the contractor being empcontracting.ca Inc. . Orders that are placed through our site, email or other means of exceptance will be placed into order of priority and the customer and us, the contractor will take time to negotiate and prepare an agenda for delivery and completion on a time sceduale that is excepted and agreed apon by both the contractor and the customer. We do our do dilegence to provide timely delivery and completion of work but do not hold our selfs liable for any delays that come from powers that be that are beyound our control of that such as material shortages, acts of God, or delays from weather conditions or municipal inspection authroity where jobs have to be shut down in time for inspections and our sceduale will hold on demand of the municipal inspections as to be done right and passed before each stage of contract is completed. Waite time can depend on the municipal inspectors time frame for being able to accompany our needed process inspections and usually in most areas are very timely and delays are not a problem.
Payments can be made to empcontracting.ca through this website by debit or credit card and we offer a credit here through this site as well that can be taken advantage of. Payments can be made in cash to empcontracting.ca Inc. official management and also be made through certified cheque or bank transfer or money order. We do not except personal cheques except in the event of having a 7-10 day hold on payment confirmation that can have a resulting time delay in work especially where timed payments are do on surtain time frames. Payments late are binding to a contract default and we will bill out any job in arears with full payment due for time of workmanship, costs of delivery or materials and other costs all do and none negotiable to our accounting policy of fairness to worked time and expences of the job in default. We do not hold liable for any delinguent accounts and a lean on properties will be placed after payments are late with out written notice with in 10 days of defaulted payments including the last payment invoice. When we are done work and the contract is fullfilled excluding extra work, as extra work does mean more time to take to finish the workmanship voiding the contract in that event where a new contract will be written to describe in writing the costs and timeline for the scope of work at that time of extra work being added or requested by a customer or ordered by municipal inspection! Payment is due in full on finish of the work and we will execute a lean with in 5 business days to hold property in limbo for judification in regards to late payments that are not having had an extension or re negotiation made in writing. Payments made through this site will be held for a clearing time to confirm that funds have been transfered to the appropriate accounts and touch down in good order.
empcontracting.ca holds all accounts with privacy to the benifit of customer and contractor and their acting parties. In the event of estimations where contracts are not written but estimates are done empcontracting.ca Inc. holds the rights to all materials but will not defauldge any client customer information such as cliant contact, billing or other pertaninet private informations.
As well for our staff all staffs hiring information except in the event where it could harm a customer or cause damage or other loss or endanger persons will be kept confidential between the contractor and its employees.
Billing information is always held in stricked confidence and we work hard to keep it safe making significant investement in web security and reporting to the authorities in the event of any type of needed reporting for that of insurance policy or other needed acknoledgements where that information is needed released to a third party such as our commercial general liability, bank or accounting or legal departments.
empcontracting.ca Inc. is a fully Canadian builder and is not in any ways in terested in the slavery of humans no matter where they are from or live. We strive, even to influence when buing from forgibn suppliers to promote the fair business of employment and good living standard of all individuals in our business life cycle. We strive to buy the best quality products from suppliers that adhere to these standards or are making efforts internally being corproate partners and insure that they are regionally making efforts in their countries to better the lives of manufacturing labour, and employees from all market segmets. We strive to combat against slavery by being a good corporate influence and adhere to Canadian laws in all areas and standards and expect the same from all over our partners foriegn and domestic to treat all peoples with opportunity and to the best man or woman should jobs go and let them succeed with abundance, health care, good food and long life - no matter who they are or where they are from!
For any information and to make written submision or ask questions send to our email and phone numbers listed in contacts and our mailing address there as well.
We comit to the planting of 100 trees per 3000 square meters of construction sold for the comming season to of set the carbon foot print and habitat destruction caused by deforestation. As well we focus on keeping our material costs to a minium level in essence doing the best job possible to keep material waste down thus keeping job costs as reasonable as possible while saving the environement. As well we strive to make inovation in our work environement and to use the most up to date building process and keep our workers up to date and working in a good solid pattern as to cut waste and emmisions doing such habits as using electric tools powered on solar energy where avaialbe and also promoting the use of efficiency code of Canada in the design process of our buidings while being negotiated with customers, ultimatly providing the costomer needs and wants but putting forth an atmosphere of sustainable practice in all our workmanship carring for demolitions, and also finish work for the best over all savings of power, time and essetially your bottom dollar when purchasing building construction from empcontracting.ca Inc.
Our packages come from suppliers in Canada and around the world that supply top quality fixtures and building materials. We design and upgrade designs to engineering standard that comes into association with the Canadian building code and adheres to those methods of construction.
Packages can be purchased through our online store via credit card up to 999 999.00 per transaction, any packages that are more expensive then that will have to be purchased through calling us or email or through the web forms on empcontracting.ca.
We reserve the right for scedualing and do not up hold penalties for customer sceduals but do carry warranties on manufacturing quality including guarantee of professional installation in a timely manner to the ability of suppliers and final considerations of design process and local municipal building permit acceptance and inspections.
Shcedualing
Although it is nice to have tight scedualing we can only adhere to the scedualing ultimately of the building and planning departments of a municipality and work does halt on wait for bookings per project mile stones and benchmarking that controls the finil dates of completion beyound the control of empcontracting.ca as as well and we hold no responsibility for acts of God, and weather although empcontracting.ca has a reputation of poring sufficient concrete in snow and sub zero temperature and able to get things done in the face of mother nature with God on our side.
If by chance an order is placed that will not be fulfilled in a priority sequence of 6 months from order to completion time we will make it clear in writing and offer a typical refund policy on the order meaning if a purchase is made through the online store or through empcontracting.ca management head quorters whether through email and money transfer or cash payments we will keep the customer up to speed regarding the details of the order with clear understandable written statements and estimated times for bench mark completion of projects.
We reserve the right to bill for extra costs associated with any details not included in the plans on the site but all site drawings that are purchased as a building package come with all the materials to complete a package build in Canada for most of the areas of the country except Nunavut, Upper Yukon Territories, upper Quebec, Newfoundland and Labrador. All other areas will have shipping paid to the final build destination.
International orders are best purchased as cottage “off grid” packages as the packages come ready for off grid installation and all packages come with all electrical and plumbing pieces geared for Canadian code installation and related standards but can be changed out for different service standards but with out warrunty from empcontracting.ca.
Shipping on international items is extra and is billed by the standard weight of the over all package please contact empcontracting.ca at sales@empcontracting.ca to set up international orders.
Package warranties are a standard 5 years on Labour of completed projects done intirely by empcontracting.ca and our direct line of trades people, for customers that purchase packages for other contractors or do it yourselves warranties are null and void and do not have any coverage except in transit delivery to the final destination although canceled packages will be subjected to all fees associated with return and restocking, shipping and re-storage fees and empcontracting.ca reserves the right to mitigate that and our final invoices are final and non negotiable and calculated to time and expenses up to the return and restock of the items. A refund for canceled projects will be issued with the difference presented to the canceling customer that is fully accounted for on final cheque print and we reserve the right to up hold our standard with out pressure from court or other process. As a customer of empcontracting.ca you agree to be bound and except these terms on signing with us or making purchase through the online store cheque outs on empcontracting.ca
Our online check outs come with encryption for your online protection and are covered by accounting by several automated and monitored services to guarantee the accuracy of our systems and to mitigate fraud prevention for your safety and empcontracting.ca better business and safety alike.
December 2020
Please read these Terms of Service (the “Agreement”) carefully. By clicking to accept this Agreement, you agree to be bound by this Agreement, consent to electronic communications as further detailed in Section 10, and agree to Afterpay Canada’s Privacy Policy available at www.afterpay.com/en-CA/privacy-policy. The division of this Agreement into sections and the inclusion of headings contained in this document are for reference purposes only and shall not affect the construction or interpretation of this Agreement. You should print and retain a copy of this Agreement for your records.
NOT APPLICABLE TO RESIDENTS OF QUEBEC: This Agreement provides that all Disputes (as defined below in Section 12 (“Dispute Resolution”) between you and us will be resolved by BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this Agreement, except for matters that may be taken to small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. YOU HAVE A RIGHT TO OPT OUT OF THE BINDING ARBITRATION PROVISIONS as described below in Section 12 (“Dispute Resolution”). Please review Section 12 for the details regarding your agreement to arbitrate any Disputes with us. If you do not agree to be bound by this Agreement, you may not use the Services as defined below in Section 1.
Afterpay provides Services that allow merchants to offer consumers the ability to pay for goods or services in installments (the “Extended Repayment Feature”) which may be accessed through your Account.
We may amend this Agreement from time to time. If we make any changes to this Agreement that we deem to be material, we will notify you in advance of such changes via the email address associated with your Account. When we make changes to this Agreement, an amended copy of the Agreement will be posted on our website. It is your responsibility to review this Agreement on the Afterpay website from time to time to see if it has changed. If you conduct any transaction using your Account or access our website after we have made a change to this Agreement, that will mean that you agreed to the most recently updated version of this Agreement. If you do not agree with the changes or the terms of this Agreement, do not use the Services. Each time you use your Account or access the website, you will be deemed to agree to the then current terms of this Agreement. You can get the most up-to-date version of this Agreement at any time on our website.
5.1 You will need your own Afterpay account (each, an “Account”) to use certain Services. Each person may only hold one (1) Afterpay Account.
5.2 In consideration of your use of the Services, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on or through the Services or otherwise as requested by Afterpay from time to time (“Registration Data”); (b) maintain the confidentiality and security of your password and identification and agree to accept responsibility for all activities that occur with your permission using your Account or password; (c) maintain and promptly update the Registration Data, and any other information you provide to Afterpay, to keep it accurate, current and complete; (d) promptly notify Afterpay regarding any material changes to information or circumstances that could affect your eligibility to continue to use the Services or the terms on which you use the Services; and (e) be fully responsible for all use of your Account and for any actions that take place using your Account.
5.3 If your password is lost or stolen, or if you believe there has been or could be unauthorized access to your Account by third parties, please notify us immediately and change your password as soon as possible.
5.4 You may ask us to close your Account at any time by contacting us at info@afterpay.com. Your request may take up to thirty (30) business days to process. If you owe any payment to Afterpay associated with the Extended Repayment Feature, Afterpay will not close your Account until any amounts owing have been paid in full, but we may limit your ability to make additional transactions using your Account. You may not close your Account to evade an investigation. You will remain liable for all obligations related to your Account even after the Account is closed. Afterpay will retain your information in accordance with our Privacy Policy (available on the Afterpay website) and any applicable local, provincial, territorial or federal law, rule or regulation.
5.5 We may immediately limit your access to the Services or suspend or close your Afterpay Account where we have reasonable cause to do so including, without limitation, where:
(i) we reasonably consider it necessary to do so in order to:
(A) protect the integrity of our systems or the Services;
(B) prevent fraud;
(C) otherwise protect us against legal, regulatory or non-payment risk;
(ii) we reasonably suspect, or are aware, that you have breached this Agreement or provided us with false, inaccurate or misleading information or used your Afterpay Account or the Services in breach of this Agreement); or
(iii) we otherwise reasonably consider the activity associated with the Afterpay Account to be suspicious.
6.1 You agree to provide any information or documentation reasonably requested by us to verify your identity in connection with your Afterpay Account or any use of Afterpay Services, and you authorize us to make, directly or through third parties, any inquiries we consider necessary to verify your identity or to assess your eligibility to use the Services. Afterpay reserves the right to close, suspend or limit access to the Services in the event we are unable to obtain or verify any of this information to our satisfaction.
7.1 You agree not to use the Services for any unlawful or fraudulent activity or otherwise in a manner inconsistent with this Agreement and to immediately contact us if you believe that your Account may be subject to unauthorized use, account takeover or other type of fraudulent activity or security breach. By using the Services, you agree that you will not and will not assist or enable others to do any of the following:
(a) Breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or agreements with us, including this Agreement;
(b) Provide false, inaccurate or misleading information to us;
(c) Provide information belonging to any person other than yourself;
(d) Use an Afterpay Account that belongs to another person for yourself or on behalf of another person;
(e) Use any device, software, routine, file or other tool or technology, including but not limited to any viruses, trojan horses, worms, time bombs or cancelbots, intended to damage or interfere with the Services or to surreptitiously intercept or expropriate any system, data or personal information from the Services;
(f) Take any action that imposes an unreasonable or disproportionately large load on our infrastructure, including but not limited to denial of service attacks, “spam” or any other such unsolicited overload technique;
(g) Commit unauthorized use of the Services, including but not limited to unauthorized entry into our systems, misuse of passwords, or misuse of any information posted to the Services; or
(h) Open or use multiple Afterpay Accounts.
If we, in our sole discretion, believe that you have engaged in any prohibited activities or otherwise do not comply with this Agreement, we may close, suspend or limit your access to your Afterpay Account, the website or the Services. We may refuse to provide the Services to you in the future or we may take legal action against you.
All content included in or made available through the Services, such as text, graphics, logos, button icons, images, digital downloads, data compilations, and software is protected under applicable copyrights, trademarks and other proprietary rights (including but not limited to intellectual property rights) are owned by Afterpay or one of its affiliates. The copying, redistribution, use or publication by you of any part of the Services, unless expressly permitted in this Agreement, is strictly prohibited. Use of the Services does not give you ownership of any intellectual property rights in any of the content, documents or other materials you access. The posting of information or materials on the Services does not constitute a waiver of any right in such information and materials.
The trademarks, service marks and logos (the “Trademarks”) used and displayed on the Services are registered and unregistered Trademarks of Afterpay. Other trademarks, service marks and trade names may be owned by others. Nothing on the Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark or any other Afterpay intellectual property displayed on the Services. The name “Afterpay” and any other Trademarks shall not be used in any way, including in advertising or publicity pertaining to distribution of materials on the Services, without prior written permission from Afterpay.
10.1 By clicking to accept this Agreement, you are deemed to have executed this Agreement electronically. You consent to electronically receive and access via email or your Afterpay Account all records, disclosures and notices (collectively, “Notices”) related to your Account or the Services that we would otherwise be required to provide to you in paper form. Your consent to receive Notices electronically will remain in effect until you withdraw it. You may withdraw your consent to receive Notices electronically at any time by sending an email to us at calegal@afterpay.com with “Revoke Electronic Consent” in the subject line. Any withdrawal of your consent to receive Notices electronically will be effective only after we have a reasonable period of time to process your request for withdrawal. If you fail to provide or if you withdraw your consent to receive communications electronically, Afterpay reserves the right to restrict, deactivate or close your Account.
10.2 To ensure that we are able to provide communications to you electronically, you agree to notify us immediately of any change in your email address by updating your Afterpay Account or by contacting us via email.
10.3 To view and retain a copy of this Agreement and other communications from us, you will need a device (such as a computer or mobile phone) with a web browser and internet access and either a printer or local or cloud-based storage space. By accepting and agreeing to this Agreement electronically, you represent that (a) you have read and understand the above consent to receive Notices electronically; (b) you satisfy the minimum hardware and software requirements specified in this Section 10.3; and (c) your consent will remain in effect until you withdraw your consent as specified above in Section 10.1.
10.4 For a paper copy of this Agreement or other communications provided by us to you, you may send an email to us at calegal@afterpay.com with contact information and the address for delivery.
11.1 If you choose to open an Account, Afterpay may send you SMS messages. You agree to receive SMS messages to each telephone number provided by you to Afterpay. You certify, represent and warrant that the telephone number that you have provided to us is your number and not someone else's and that you are permitted to receive SMS at that telephone number. You agree to alert us whenever you stop using a particular telephone number.
11.2 Any such SMS messages sent to you by Afterpay will be to verify your phone number or service any upcoming or overdue payments associated with the Extended Repayment Feature—Afterpay will not send you advertisements or marketing-related SMS. You understand that such SMS may be placed using an automatic telephone dialing system or may include automated SMS messages. You agree that you are responsible for any message, data rates or fees that your telephone service provider charges in relation to SMS messages sent and received by you. If you have any questions regarding those rates, please contact your wireless carrier.
11.3. By entering your mobile number, you agree to receive text messages for service notifications and verification codes from Afterpay. Message frequency will vary. Reply HELP for help, STOP to stop (or cancel). Standard Message & Data rates may apply. We do not sell your data. Carriers are not liable for delayed or undelivered messages.
NOT APPLICABLE TO RESIDENTS OF QUEBEC: THIS SECTION CONTAINS A BINDING ARBITRATION CLAUSE AND JURY TRIAL WAIVER. THEY AFFECT EACH PARTY’S RIGHTS CONCERNING THE RESOLUTION OF ANY DISPUTE (DEFINED BELOW) BETWEEN THE PARTIES. This Dispute Resolution section applies to general disputes between you and Afterpay. Any dispute with regards to an Afterpay transaction is governed by the specific governing Afterpay transaction document. To the extent of any conflict in dispute resolution terms, the subsequent in time transaction document will control.
12.1 To expedite resolution and the cost of any dispute, controversy or claim between you and us related to any dispute or controversy arising from or relating to your use or inability to use the Services and generally with respect to Afterpay, this Agreement or the enforcement of any provision of this Agreement (a “Dispute”), you and we agree to first attempt to negotiate any Dispute (except those Disputes expressly excluded below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations will commence upon receipt of a written notice (each, a “Notice”). Your address for such Notices is your most recent address provided to us in connection with your Account, or an email to the email address you have provided in your Afterpay Account. Our address for such notices is: Afterpay Canada Limited 222 Kearny Street, San Francisco, CA, United States of America 94108 Attn: Afterpay Canada Legal, or by email to us at: calegal@afterpay.com. Any Notice from you must include your name, pertinent Account information, a brief description of the Dispute, and your contact information, so that we may evaluate the Dispute and attempt to informally resolve the Dispute. Any Notice from us will include pertinent Account information, a brief description of the Dispute, and our contact information, so that you may evaluate the Dispute and attempt to informally resolve the Dispute. If the informal negotiations are successful, no further action is necessary.
12.2 IF THE PARTIES ARE UNABLE TO RESOLVE A DISPUTE THROUGH INFORMAL NEGOTIATIONS, THE PARTIES AGREE THAT EITHER YOU OR WE MAY ELECT TO HAVE THE DISPUTE (EXCEPT THOSE DISPUTES EXPRESSLY EXCLUDED BELOW) FINALLY AND EXCLUSIVELY RESOLVED BY BINDING ARBITRATION. ANY ELECTION TO ARBITRATE BY ONE PARTY WILL BE FINAL AND BINDING ON THE OTHER. YOU UNDERSTAND THAT IF EITHER PARTY ELECTS TO ARBITRATE, NEITHER PARTY WILL HAVE THE RIGHT TO INITIATE ANY COURT PROCEEDINGS.
12.3 The arbitration shall be conducted by a sole arbitrator in an arbitration administered by the British Columbia International Commercial Arbitration Centre pursuant to its applicable rules. The arbitration shall be seated in Vancouver, British Columbia and shall be conducted in the English language. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in this Agreement, you and we may litigate in court to compel arbitration, stay proceedings pending arbitration or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
12.4 The Parties mutually acknowledge and agree that they will not raise, in connection with any proceeding brought in British Columbia, any defense or objections based upon lack of personal jurisdiction, improper venue, inconvenience of forum or the like.
12.5 In the event that any proceeding is brought to determine or enforce the rights of any Party to this Agreement, the prevailing Party shall be entitled to recover reasonable legal fees, costs, and expenses from the other Party, including expert witness fees.
12.6 The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (1) any suit to compel arbitration, stay proceeding pending arbitration or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator; (2) any suit to seek temporary injunctive relief that will remain in place only until an arbitrator can determine whether the relief should be continued, modified or removed; or (3) any claim related to actual or threatened infringement, misappropriation or violation of a Party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. In addition, either Party may assert claims, if they qualify, in small claims court in Vancouver, British Columbia or the judicial district in which you reside.
12.7 The Parties agree that any arbitration will be limited to the Dispute between us and you individually. TO THE FULL EXTENT PERMITTED BY LAW, YOU AND WE EACH HEREBY KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT WHICH EITHER OR BOTH OF US HAVE TO TRIAL BY JURY WITH RESPECT TO ANY CLAIMS, CONTROVERSIES OR DISPUTES WHICH MAY ARISE OUT OF THIS AGREEMENT OR THE SUBJECT MATTER HEREOF.
12.8 The Parties agree that for any Dispute not subject to arbitration (other than claims proceeding in any small claims court), or where no election to arbitrate has been made, the superior courts in Vancouver, British Columbia have exclusive jurisdiction and the Parties agree to submit to the venue and personal jurisdiction of such courts.
12.9 You may opt out of the foregoing arbitration clause and jury trial waiver provision of this Agreement by NOTIFYING US IN WRITING WITHIN THIRTY (30) DAYS OF THE DATE YOU LAST PLACED AN ORDER. To opt out, you must send a written notification to us at calegal@afterpay.com, Attention: Legal, that includes (i) your Afterpay Account identification, (ii) your name, (iii) your address, (iv) your telephone number, (v) your email address and (vi) a clear statement indicating that you do not wish to resolve claims through arbitration and demonstrating compliance with the 30-day time limit to opt out of the above arbitration and class action/jury trial waiver sections.
If you are a resident of Quebec, this agreement shall be governed by the laws of Quebec and the laws of Canada as applicable therein. The courts of Quebec shall have exclusive jurisdiction in any dispute under or in connection with this agreement.
NOT APPLICABLE TO RESIDENTS OF QUEBEC: To the extent not prohibited by applicable law, under no circumstances shall we, our subsidiaries, partners, or affiliates, be liable to you for: (a) personal injury, lost profits or revenue, or any indirect, incidental, consequential, special or exemplary damages, arising from or relating to this Agreement, the use of or inability to use an Afterpay Account, the Services, or our or your liabilities to third parties arising from any source; or (b) except as required under applicable law, any lost profits or revenues, indirect, incidental, consequential, special or exemplary damages, arising from or relating to the conduct of you or anyone else in connection with the use of an Afterpay Account or the Services, including, but not limited to, damages arising from your failure to provide us with accurate information or a third party’s failure to correctly verify such information. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY. ACCORDINGLY, SOME OF THIS SECTION MAY NOT APPLY TO YOU. You agree that if any court proceeding is permitted under this Agreement, the aggregate liability of us and our affiliates and suppliers to you for all claims arising out of or related to this Agreement or your use or inability to use the Services will not (other than as may be required by applicable law in cases involving personal injury) exceed the greater of: (a) the amount you any affected order(s) giving rise to such damages, or (b) the amount of five hundred CAD dollars ($500.00). These limitations will apply even if the above stated remedy fails of its essential purpose.
You agree to release, indemnify and hold harmless us, our affiliates, and our and their respective officers, directors, employees and agents from and against any claims, liabilities, damages, losses and expenses, including without limitation reasonable legal and accounting fees, arising out of or in any way related to: (a) your access to, use of, or inability to use your Afterpay Account or the Services; (b) your breach or alleged breach of this Agreement; (c) your violation of any rights of a third party, including but not limited to any negligent or willful misconduct of your employees, contractors, or agents, or a breach of any contracts or other relationships between you and third parties; (d) your violation of any applicable law; or (e) your failure to provide and maintain true, accurate, current and complete information in your Afterpay Account. You shall cooperate as fully as reasonably required in the defense of any such claim. Afterpay reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. You agree not to settle any matter without the prior written consent of Afterpay. For the avoidance of doubt, this indemnification, defense and hold harmless obligation will survive these Terms of Use and the termination of your use of the Services.
16.1 TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS IS” WITHOUT REPRESENTATION OR WARRANTY, WHETHER IT IS EXPRESS, IMPLIED, OR STATUTORY. WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AFTERPAY SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
16.2 AFTERPAY DOES NOT WARRANT OR GUARANTEE THAT THE SERVICES ARE ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, ERROR-FREE, WITHOUT DEFECT OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
16.3 Afterpay does not warrant, endorse, guarantee, or assume responsibility for any product or services advertised or offered by a seller of any good or services purchased using the Extended Repayment Feature. Afterpay does not have control of goods or services that are paid for using the Services. You understand that our website may display, include or make available content, data, information or materials for third parties or that our website may contain links to other independent third-party website, including retailers (“Third-Party Sites”). Third-Party Sites are not published by nor under the control of Afterpay, and Afterpay is not responsible for and does not review or endorse and has no control over any Third-Party Site content or privacy policies (if any), which may also change from time to time. You will need to make your own independent judgement regarding your interaction with any Third-Party Sites, including the purchase and use of any products or services accessible through them. You acknowledge that we are not responsible or liable, directly or indirectly, for any damage, loss or offense caused or alleged to be caused by, or in connection with, the use of or reliance on such websites or services. Nothing in this Agreement grants you any licenses to third party trademarks or content, which shall remain the property of the respective owners.
17.1 This Agreement is effective until terminated by either Party. You may terminate this Agreement by destroying all Services-related materials obtained from us or Afterpay, provided any amounts owing to us associated with any Extended Repayment Feature (including any fees or expenses incurred) are paid in full. The privileges granted to you under this Agreement will terminate immediately and automatically without notice from us if, in our sole discretion, you fail to comply with any term or provision of this Agreement.
17.2 If any provision of this Agreement (or any portion thereof) is determined to be invalid or unenforceable, the remaining provisions of this Agreement shall not be affected thereby and shall be binding upon the Parties and shall be enforceable, as though said invalid or unenforceable provision (or portion thereof) were not contained in this Agreement.
17.3 No failure by us to exercise or delay in exercising any right under this Agreement (or to insist upon strict performance in any respect or on any occasion) shall operate as a waiver thereof, nor shall any single or partial exercise of any right under this Agreement preclude any other or further exercise thereof or the exercise of any other right. The remedies provided in this Agreement are cumulative and not exclusive of any remedies provided by applicable law.
17.4 The following provisions of this Agreement shall survive termination of your use or access to the Services: the sections concerning Dispute Resolution, Applicable Law and Jurisdiction, Limitation of Liability, Indemnification, Disclaimer of Warranties, and Miscellaneous, and any other provision that by its terms survives termination of your use or access to the Services.
17.5 This Agreement constitutes and contain the entire agreement between you and us with respect to the subject matter hereof and supersedes any prior or contemporaneous oral or written agreements. You and we acknowledge and agree that the other has not made any representations, warranties or agreements of any kind, except as expressly set forth herein.
17.6 This Agreement and all related documents have been drafted in the English language at the express request of the parties. La présente convention ainsi que tous documents s’y rattachant ont été rédigés en langue anglaise à la demande expresse des parties.
If you have any questions, complaints or claims with respect to the Services, please contact us at info@afterpay.com. We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.
This Afterpay Canada Installment Agreement is between the debtor listed, referred to as “you” and “your” throughout this Agreement and Afterpay Canada Limited, “Afterpay,” “we,” “us,” and “our”, the originator or its assignees.
This Initial Disclosure Statement (“Statement”) is part of your Afterpay Canada Installment Agreement (“Agreement”) with Afterpay. Along with the Payment Schedule below, it sets out the key terms of your Installment Agreement based on the purchase order amount you were approved for by Afterpay which allows you to pay for your purchase order over 4 equal installments due every 2 weeks. All amounts referenced in this Statement are in Canadian currency and capitalized terms used but not defined in this Statement have the meanings given to them in the Agreement. Please read the Agreement in full for all terms that apply.
You agree to accept a copy of this Statement in electronic form and agree that any electronic disclosures have the same meaning and effect as if provided to you in writing, in paper form. You also agree to carefully review this Statement and the below Installment Agreement Details and Payment Schedule before entering into the Agreement and to retain a copy of this Statement and the Agreement for your records and future reference.
a.
Term (in weeks):
* 6 or 8
b.
Total number of payments (including any down payment due every 2 weeks):
4
c.
Outstanding Balance as of beginning of the Term (i.e., this is the total amount advanced for your order amount):
*dependent on order amount
d.
Outstanding Balance at the end of the Term
0e.Annual interest rate :0%
f.Annual Percentage Rate (APR):
0%
g.Processing/administration fees
None
h.
Total cost of borrowing:
0
i.
Default Charges:
None
j.
Security for Installment Agreement:
N/A
k.
Optional insurance or other services:
N/A
a.
Term (in weeks):
* 6 or 8
b.
Total number of payments (including any down payment due every 2 weeks):
4
c.
Total order amount (i.e., this is the total amount advanced for your purchase order) (The pre-authorization amount will not exceed your first Installment Payment (plus one cent) owed to us for that purchase. Amount”):
*dependent on order amount
The dates listed for the down payment and the remaining payments and the payment amounts in the Payment Schedule are estimates only based upon the best information reasonably available at the time of your purchase, including the purchase amount shown during Afterpay checkout. Your actual down payment and payment dates may be later than the dates identified in Payment Schedule. Likewise, your actual down payment amount and payment amounts may be more or less depending on the final purchase amount confirmed by the merchant. Afterpay will deliver a Final Payment Schedule as a supplement to this Agreement after you complete your purchase with the merchant. The Final Payment Schedule will contain your actual down payment, payment amounts and due dates. There may be a delay between the time of your purchase and the delivery of your Final Payment Schedule and subsequent charging of the down payment to your Payment Method. For the avoidance of doubt, the applicable time zone for all due dates provided as part of a Payment Schedule shall be PST/PDT, as applicable.
This Agreement includes the Final Payment Schedule that is sent after you complete your purchase with the merchant. You agree that the Final Payment Schedule will supersede and replace the Payment Schedule.
You may prepay all or a part of your payment installments at any time without any prepayment charge or penalty. If you make a partial prepayment, you must still continue to make your payments on the scheduled payment dates, as set out in the Agreement, until all amounts due under the Agreement are paid in full. Any partial prepayments will be credited against the outstanding balance of the amount (in Quebec, the outstanding Order Amount) owing under the Agreement when the partial prepayment was made and shall be applied against the then outstanding balance (in Quebec, the outstanding Order Amount).
PROMISE TO PAY: The Agreement governs your repayment to us in connection with funds we disbursed at your direction and on your behalf to an approved merchant to acquire certain merchandise or services that you have selected. You promise to pay the sum of your down payment and other payment amounts under this Agreement on the dates and according to the amounts displayed as “Down Payment” and “Remaining Payment Schedule” (together, your “Payment Schedule”) as it may be revised by the Final Payment Schedule (inclusive of all taxes and fees), plus all other charges accruing under this Agreement until paid in full. You understand that the actual amounts and due dates of your “Down Payment” and the payments in your “Remaining Payment Schedule” will be provided to you electronically as a supplement to this Agreement (the “Final Payment Schedule”).
[NOT APPLICABLE TO RESIDENTS OF QUEBEC] Please note that Section 9 of this Agreement includes provisions that govern how claims we may have against each other are resolved. These provisions limit our liability and may require arbitration for a dispute that you assert against us. The Agreement includes important terms regarding your rights related to fees, dispute resolution and governing law.
This Agreement incorporates by reference the Initial Disclosure Statement provided above, the Payment Schedule and the Final Payment Schedule, if applicable.
Use of Proceeds and Disbursement Authorization
By electronically accepting this Agreement, you agree to pay the down payment amount to us, and we agree to immediately thereafter disburse the proceeds under this Agreement to the merchant that you select at checkout. You promise to re-pay us the amount of your purchase as indicated by the merchant at checkout. Your Final Payment Schedule is provided to you electronically as part of this Agreement. Except if you are a resident of Quebec, you also agree to pay any applicable fees you incur under this Agreement.
When you accept this Agreement and place an order, you will identify your preferred method of payment, designating an eligible Canadian-issued credit or debit card as your “Payment Method.” In addition to any required down payment, you must make either three (3) or four (4) payments to us (each, an “Installment Payment”) in the amounts shown in your Final Payment Schedule. You are responsible for ensuring that you have sufficient funds available to make Installment Payments on the dates specified in your Final Payment Schedule.
In addition to the terms related to Prepayments set forth in the Initial Disclosure Statement, please note that if you make all Installment Payments in full on their due dates, your final payment will be made on the Maturity Date identified in the Final Payment Schedule. You may prepay all amounts due under this Agreement in whole or in part at any time without a penalty and you may make any payment early, in whole or in part, without penalty or premium at any time.
If you would like to change your Payment Method or make alternate payment arrangements, you are able to do so online or if the specific feature is not available, or if you have further issues or questions, you may contact us at info@afterpay.com. The Payment Method you select and any necessary authorization will not affect your obligation to pay when due all amounts payable under this Agreement. The foregoing authorization is in addition to, and not in limitation of, any rights of setoff we may have under applicable law.
There are no finance charges, late fees, NSF fees or interest associated with this Agreement. The issuer of your Payment Method may charge interest or other charges in accordance with the terms and conditions of the agreement between you and your Payment Method issuer.
If you fail to make any payment when due in the manner required by this Agreement, you will be delinquent. If you are delinquent, have filed or have instituted against you bankruptcy or insolvency proceedings or are in breach of any other material term of this Agreement, we may, to the extent and at the time permitted by applicable law, deem you in default and accelerate the maturity of this Agreement and all payments due hereunder. If you fail to make a payment required under this Agreement, we reserve the right to limit, restrict, suspend or terminate your access to your Afterpay account.
All purchase order requests are subject to our approval. We may, in our sole discretion, not approve your application, or cancel an approved application before the goods or services are delivered or supplied. If we cancel your previously approved application:
(a) We will apply a full refund of any amounts you have paid (excluding any chargebacks or fees incurred in relation to your payment), and we will cancel any future payments related to that order;
(b)The merchant providing the merchandise will not be obliged to deliver the goods (or provide any related services); and
(c)You will have no obligation to make any further payments to us, or continue any other ongoing relationship with us, with respect to your application.
Approval for a purchase order does not guarantee future approval for a future purchase order.
As part of our approval process and our assessment as to whether or not you have the ability to fulfill your obligation to pay when due all amounts owed under this Agreement, we reserve the right to conduct a pre-authorization of your Payment Method. This may involve placing funds in the account linked to your Payment Method on hold each time you make an online purchase or add a Payment Method to your Afterpay Account. The pre-authorization amount will not exceed your first Installment Payment (plus one cent) owed to us for that purchase. We immediately instruct your bank to void this pre-authorization transaction. No funds are received by Afterpay during this process. We cannot guarantee the time it takes for your bank to process the void action and make your funds available.
PLEASE NOTE: In most circumstances, relevant banks will void a pre-authorization transaction within a few hours of the pre-authorization transaction being conducted by Afterpay. However, in some observed instances, banks have taken up to fourteen (14) days to finalize this process. Unfortunately, we do not have any control or influence over the timing of your bank’s ability to finalize this process and Afterpay makes no representations on this subject matter.
When you make a cross border purchase transaction, we convert your local currency to the currency of the merchant (the “Foreign Currency”). When you use our products to make a cross border purchase transaction, we will convert what the merchant charges for the goods into your local currency using a retail exchange rate selected by Afterpay at our discretion to determine the purchase order amount and the amounts payable by you in accordance with your Final Payment Schedule. The exchange rates that we use for currency conversion are determined by Afterpay in its sole discretion and will change regularly to reflect the currency fluctuations in the foreign exchange market. No set up fees or foreign exchange commission will be applied to the exchange rate applied to perform the conversion. There are no fees for currency conversion performed by us; however, we and our third party service providers may make a margin on any foreign exchange currency conversion, which may be considered an indirect cost to you. The margin is the difference between the wholesale exchange rate that we may be able to obtain for the Foreign Currency and the exchange rate that we then provide in connection with converting transaction to the Foreign Currency.
Processing refunds and any merchandise exchanges or modifications are subject to the discretion of the merchant to whom you directed us to disburse funds under this Agreement. If you decide to return goods acquired using funds we have disbursed under this Agreement and request a refund, or a return and refund are otherwise accepted or permitted by law, you will remain obligated to make all payments still outstanding under this Agreement when due. However, for any amounts that a merchant returns directly to us in connection with such returned or exchanged merchandise, we shall retain such amounts and reflect an equivalent credit to reduce your outstanding obligation to us under this Agreement or, where applicable, refund to you any amounts already paid. In the event of a partial refund, the credit will be applied against your last payment first. If, for any reason, we are unable to apply a refund to the order to which it corresponds, we may in our discretion apply the refund to any method of payment you have on file with us. You will remain obligated to make payments still outstanding when due. If you are entitled to a refund for any reason, you agree to accept the refund policy of the specific merchant with whom you placed the order. We will not be liable if a merchant does not give you a credit, imposes any additional charges or takes any other action.
When a merchant issues a refund for a cross border purchase transaction, Afterpay will use the original retail exchange rate (used at the time the order was placed) to determine the refund amount to apply to your Payment Method for the relevant goods or services.
We may transfer, assign or sell this Agreement, and any rights under this Agreement, to a third party without your consent. You agree that we may appoint third party collections agencies to collect any amounts owing to us under this Agreement without your consent. To the extent permitted by applicable law and except if you are a resident of Quebec, you hereby waive demand, notice of non-payment, protest and all other notices or demands whatsoever, and hereby consent that without notice to and without releasing the liability of any party, the obligations evidenced by this Agreement may from time to time, in whole or part, be renewed, extended, modified, accelerated, compromised, settled, canceled or released by us.
If you have a complaint with us arising out of or related to this Agreement, you should contact us at info@afterpay.com. If you have a complaint arising out of the delivery or quality of the goods you have purchased, you should contact the merchant using the details posted on the merchant’s website. You acknowledge and agree that Afterpay is not responsible for resolving disputes you may have with merchants. If you wish to submit a general complaint to us, you should do so by contacting us using the details posted on the Afterpay website or available through your Afterpay account. We may request additional documentation from you to assist us in resolving any complaints or disputes, and you must provide all reasonable assistance to us to facilitate us in resolving all complaints and disputes.
(a) To expedite resolution and to minimize the cost of any claims and disputes arising out of or relating to this Agreement (“Dispute(s)”), we both agree to attempt to negotiate any Dispute (except those Disputes expressly excluded below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations will commence upon receipt of a written notice (each, a “Notice”). Your address for such Notices is the email address you have provided in your Afterpay account. Our address for such Notices is: Afterpay Canada Limited, 1955 Broadway, Suite 600, Oakland, CA 94612, Attention: Legal, or by email to calegal@afterpay.com. Any Notice from you must include your name, pertinent account information, a brief description of the Dispute, and your contact information, to help us to evaluate the Dispute and to attempt to resolve it. Any Notice from us will include pertinent account information, a brief description of the Dispute, and our contact information, to help you to evaluate the Dispute and to attempt to resolve it. If the informal negotiations are successful, no further action is necessary.
(b)IF THE PARTIES ARE UNABLE TO RESOLVE A DISPUTE THROUGH INFORMAL NEGOTIATIONS, WITHIN THIRTY (30) DAYS FROM THE DATE OF THE FIRST NOTICE, THE PARTIES AGREE THAT ALL DISPUTES SHALL BE RESOLVED BY BINDING ARBITRATION BY A SOLE ARBITRATOR. THE ARBITRATOR SHALL HAVE THE JURISDICTION TO DECIDE ANY ISSUES RELATING TO THE MAKING, VALIDITY, ENFORCEMENT, OR SCOPE OF THIS ARBITRATION AGREEMENT, ARBITRABILITY, DEFENSES TO ARBITRATION INCLUDING UNCONSCIONABILITY (COLLECTIVELY, “ARBITRABILITY” ISSUES).
(c) The arbitration will be seated in the City of Vancouver, British Columbia, Canada and shall be conducted under the rules of the International Centre for Dispute Resolution (the “ICDR”) in accordance with its International Arbitration Rules (the “ICDR Rules”) which are available on the ICDR’s website www.icdr.org. Your arbitration fees and your share of arbitrator compensation will be governed by the ICDR Rules. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so.
(d) The parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (1) any legal proceeding to compel arbitration, stay proceeding pending arbitration or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator; (2) any legal proceeding to seek temporary injunctive relief that will remain in place only until an arbitrator can determine whether the relief should be continued, modified or removed; or (3) any claim related to actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. Notwithstanding the foregoing, either party may assert claims, if they qualify, in small claims court in any jurisdiction in Canada in which you live or work.
(e) You agree that this agreement to arbitrate may be enforced by us or our affiliates, subsidiaries, or parents, and each of their officers, directors, employees, and agents.
(f) NOTWITHSTANDING THE FOREGOING, YOU MAY OPT OUT OF ARBITRATION BY SENDING US WRITTEN NOTICE WITHIN THIRTY (30) DAYS OF SIGNING THIS AGREEMENT STATING THAT YOU WISH TO “OPT OUT OF THE AGREEMENT TO ARBITRATE DISPUTES.” THE OPT-OUT NOTICE SHOULD BE SENT TO THE FOLLOWING ADDRESS: Afterpay Canada Limited, 1955 Broadway, Suite 600, Oakland, CA 94612, or by electronic mail at calegal@afterpay.com, Attention: Legal, and include (i) your Afterpay account identification, (ii) your name, (iii) your address, (iv) your telephone number, (v) your email address and (vi) a clear statement indicating that you do not wish to resolve claims through arbitration. If you do not opt out, but any part or parts of your agreement to arbitrate are unenforceable then we and you agree that such specific part or parts shall be of no force or effect and shall be severed, but the remainder of this agreement to arbitrate shall continue in full force and effect. If, however, the entire agreement to arbitrate or your waiver of the right to participate in class, representative or to arbitrate injunctive relief claims is unenforceable then the agreement to arbitrate shall be of no force or effect.
Except as expressly provided in Section 8 above, this Agreement shall be governed by, and will be construed under and in accordance with, the laws of the province listed for the debtor above and the federal laws of Canada applicable therein, without regard to choice of law principles.
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, WE MAKE NO REPRESENTATIONS OR WARRANTIES TO YOU, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. EXCEPT IF YOU ARE A RESIDENT OF QUEBEC, IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY LOST PROFITS, INDIRECT LOSS, OR SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHERMORE, WE MAKE NO REPRESENTATION OR WARRANTY TO YOU REGARDING THE EFFECT THAT THE AGREEMENT MAY HAVE UPON YOUR TAX LIABILITY UNDER THE LAWS OF CANADA OR THE PROVINCE IN WHICH YOU LIVE.
[NOT APPLICABLE TO RESIDENTS OF QUEBEC.] You agree that if any lawsuit or court proceeding is permitted under this Agreement, the aggregate liability of us, our subsidiaries, partners, and affiliates, and Afterpay Canada Limited, its subsidiaries, partners, and affiliates, to you for all claims arising out of or related to this Agreement or your use or inability to use your Afterpay account will not (other than as may be required by applicable law in cases involving personal injury) exceed the greater of: (a) the amount of any affected order(s) giving rise to such damages, or (b) CAD$750.00.
You acknowledge that Afterpay is not engaged in the sale of any goods or services you purchase from a merchant and that we do not have control of and are not responsible or liable for such products or services. You agree that we shall have no liability whatsoever caused by a merchant’s delay in providing the goods or services or the quality of the goods or services.
(a) Notwithstanding any current or prior election to opt in or opt out of receiving telemarketing calls or SMS messages (including text messages) from us, our agents, representatives, affiliates, or anyone calling on our behalf, you expressly consent to be contacted by us, our agents, representatives, affiliates, or anyone calling on our behalf for any and all purposes arising out of or relating to this Agreement, at any telephone number, or physical or electronic address you provide or at which you may be reached. You agree we may contact you in any way, including SMS and text messages, calls using prerecorded messages or artificial voice, and calls and messages delivered using auto telephone dialing system or an automatic texting system. Automated messages may be played when the telephone is answered, whether by you or someone else. In the event that an agent or representative calls, he or she may also leave a message on your answering machine, voice mail, or send one via text.
(b) You consent to receive SMS and text messages, calls and messages (including prerecorded and artificial voice and autodialed) from us, our agents, representatives, affiliates or anyone calling on our behalf at the specific number(s) you have provided to us, or numbers we can reasonably associate with your account (through skip trace, caller ID capture or other means), with information or questions about purchase order request, this Agreement and/or your account. You certify, warrant and represent that the telephone numbers that you have provided to us are your contact numbers. You represent that you are permitted to receive calls at each of the telephone numbers you have provided to us. You agree to promptly alert us whenever you stop using a particular telephone number.
(c) By signing this Agreement, you are providing express written consent to receive SMS and text messages to each telephone number provided by you to us regarding this Agreement and your Afterpay account You agree that you are responsible for any message, data rates or fees that your telephone service provider charges in relation to SMS messages sent and received by you. If you have any questions regarding those rates, please contact your wireless carrier.
(d) If you wish to withdraw your consent to have communications provided via SMS, you may opt-out of receiving SMS from us at any time by emailing us at calegal@afterpay.com. Upon receipt of your message, we will process the request and it will be effective only after we have a reasonable period of time to process your request If you fail to provide or if you withdraw your consent to receive SMS communications as set forth in this section, Afterpay reserves the right to restrict, deactivate or close your Account and you agree that you may be prevented from using certain features of your Afterpay account.
(e) You agree that we may send you marketing communications to the email address you have provided including but not limited to targeted offers, introduction of new features, or other special announcements. You may opt out of these marketing communications at any time by using the “unsubscribe” link within a marketing email.
You agree (i) to receive this Agreement and all other communications (including, but not limited to, any other agreements, notices, disclosures or other information we may send to you or that we may be required to send to you under applicable law) in electronic form; (ii) to retain copies of these communications for your records; and (iii) that any electronic disclosures have the same meaning and effect as if provided to you in writing, in paper form. Communications will be sent to your email address listed on your Afterpay account. Any such electronic notices or communications shall be effective and deemed delivered when emailed to your designated email address, as such address may be updated from time to time.
16.Electronic Signatures
The parties agree that electronic signatures will have the same legal effect as original (i.e. ink) signatures and that an electronic copy of any signature will be deemed an original and may be used as evidence of execution.
17.Miscellaneous
This Agreement is effective until all amounts due under the Agreement are paid in full or otherwise cancelled or refunded. If any provision of this Agreement (or any portion thereof) is determined to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall not be affected thereby and shall be binding upon the parties and shall be enforceable, as though said invalid or unenforceable provision (or portion thereof) were not contained in this Agreement. This Agreement, including the Initial Disclosure Statement provided above, Final Payment Schedule and all other documents incorporated by reference, constitutes and contains the entire agreement between you and us with respect to the subject matter hereof and supersedes any prior or contemporaneous oral or written agreements. The division of this Agreement into sections and the inclusion of headings contained in this document are for reference purposes only and shall not affect the construction or interpretation of this Agreement. No failure by us to exercise or delay in exercising any right under this Agreement (or to insist upon strict performance in any respect or on any occasion) shall operate as a waiver thereof, nor shall any single or partial exercise of any right under this Agreement preclude any other or further exercise thereof or the exercise of any other right. The remedies provided in this Agreement are cumulative and not exclusive of any remedies provided by applicable law.
18.Language
This Agreement and all related documents have been drafted in the English language at the express request of the parties. La présente convention ainsi que tous documents s’y rattachant ont été rédigés en langue anglaise à la demande expresse des parties.
19.Electronic Transactions
THIS AGREEMENT IS FULLY SUBJECT TO YOUR CONSENT TO ELECTRONIC TRANSACTIONS AND DISCLOSURES PREVIOUSLY PROVIDED.
By accepting this Agreement, you acknowledge having received, read, understanding and agree to be bound by this Agreement, including the Initial Disclosure Statement including Payment Schedule, as revised by the Final Payment Schedule.
Last updated June 2024
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