Clip Terms & Conditions • Canada
Welcome to Clip! With Clip, businesses can conveniently drop their Canadian cash at Clip network locations, for subsequent deposit to their accounts at banks and financial institutions. These Terms only apply to Clip users and Clip services in Canada. If you are located in the United States of America , please see our US terms that apply to you here. Capitalized terms used but not defined herein shall have the respective meanings given to them in the Service Addenda.
Please read these terms of service as set out below (the “Terms”) carefully before using the Clip web site, Clip mobile app (the “Clip App”) and the related Clip Money cash deposit services (collectively, “Clip”). These Terms govern your access to and use of Clip, including the messages, information, data, text, software, images and other content that make up Clip (the “Content,” which Content is part of Clip). These Terms exempt Clip Money Inc. (“Clip Money”, “we”, “us” or “our”) and others from liability and/or limit our and their liability and contain other important provisions that apply to your use of Clip.
Your use of Clip is conditional on your acceptance of these Terms. By visiting or using Clip you agree on your own behalf, and on behalf of any organization on whose behalf you may act (collectively referred to herein as “you”), to accept and abide by these Terms for each use of and each visit to or use of Clip. If you are agreeing to these Terms on behalf of any organization, you confirm that you have authority to do so.
We have the right, in our sole discretion, to add to, remove, modify or otherwise change any part of these Terms, in whole or in part, at any time. If we exercise this right the “Last Updated” notice at the top of this document shall be amended to reflect the last date of such changes. Changes will be effective as of the date the changes to these Terms are made available on Clip. It is your responsibility to check these Terms each time you access Clip to determine whether any changes have been made, including by checking the “Last Updated” date at the top of these Terms. If any change to these Terms is not acceptable to you, you must discontinue your use of Clip immediately. Your continued use of Clip after any such changes are posted will constitute acceptance of those changes. These Terms apply exclusively to your use and access of Clip and do not alter the terms or conditions of any other agreement you may have with us.
1. Your Clip Account
(a) To use Clip, you must register for an account with us (a “Clip Account”). During registration, Clip will ask you for certain information and consent required for registration, which may include (i) information about the account or accounts at banks and other financial institutions to which you would like to make deposits (each, a “Bank Account”), (ii) a void blank cheque from your bank, or (iii) consent to run a credit check against you. You must provide accurate and complete registration information in order to submit your registration, and you must keep that information current. To open a Clip Account, you must be at least the age of majority where you reside.
(b) Submission of registration information does not guarantee that you will be granted registration to use Clip. Your use of Clip is subject to certain applicable laws, such as Canadian anti-money laundering and anti-terrorist laws, which may require certain identification verification processes to be completed before access to Clip is granted to you. If such identification verification processes are not completed or raise certain issues with your provided identification, you cannot use Clip.
(c) When you associate a Bank Account to your Clip Account, we may verify the accuracy of your Bank Account information by using a third party account verification service. If required by such third party account verification, you must agree to any subsequent legal terms related to this verification service to associate such Bank Account.
(d) You may only use Clip to make deposits to your own Bank Account or to Bank Accounts for which you are identified within Clip as having permission to deposit into. You may not use Clip to make a deposit to any bank account for which you are not the account holder or for which you do not have permission for. For joint bank accounts, either or both account holders may have the account registered to his or her Clip Account.
2. Making a Deposit
(a) To deposit money into Clip, you must first find a location offering Clip services (a “Clip Location”) which are identified through the Clip website and regularly updated. It is your responsibility to confirm that the deposited amount matches the cash amount that you entered or declared in Clip.
(c) For self-service deposits through the ClipDrop service, you acknowledge and agree that (a) you have completed registration for this service (including providing information as required for pre - authorized debits pursuant to Section 14 of these Terms), and (b) Clip may charge (or credit) your bank account pursuant to Section 14 of these Terms for pre-authorized debits for any difference between the deposit amount you stated and the actual amount in the deposit bag once processed and counted by Clip Money’s processing partner(s).
(d) You acknowledge and agree that Clip allows you to receive Clip App Notifications in order for you to enhance the benefit of its services. We have no liability to you for any failure of your device to receive Clip App Notifications, including any failure of your internet or telecommunications provider.
3. The Deposit to Your Bank Account
After your cash is deposited at a Clip Location, we will attempt to deposit the cash amount (less applicable fees) to your Bank Account. Clip will typically use the Automated Clearing Settlement System (“ACSS”) electronic funds transfer . By using Interac, you acknowledge that you agree to Interac’s additional legal terms that may be presented to you via Clip. Additional fees and taxes may also apply. Clip will tell you the amount of any additional fees that will be charged for the deposit based on your selection of Interac or ACSS. Third party transfer services may pre-populate (based on the banking details provided by you) or require you to re-enter your Bank Account information on their online forms. If you do not enter your Bank Account information correctly, we may not be able to make the deposit or the deposit may be made to the wrong account.
We do not guarantee how quickly funds will be deposited to your Bank Account. Interac deposits are typically made in minutes after your cash is received by the Clip Location, but actual results may vary. ACSS deposits are requested in minutes after your cash is received by the Clip Location, but funds are typically not available until the next business day.
WE HAVE NO LIABILITY TO YOU IF A DEPOSIT IS DELAYED, OR IF WE ARE UNABLE TO MAKE THE DEPOSIT TO YOUR BANK ACCOUNT, OR IF WE MAKE THE DEPOSIT TO THE WRONG BANK ACCOUNT BECAUSE YOU ENTERED INCORRECT BANK ACCOUNT INFORMATION. BY USING CLIP YOU UNDERSTAND THAT YOU BEAR THE SOLE RISK FOR ANY LOSSES CAUSED BY INFORMATION INCORRECTLY PROVIDED BY YOU TO US.
4. Problems with a Deposit
If we have any problems making a deposit to your Bank Account, we will attempt to contact you and attempt to resolve the issue. It is your responsibility to keep your contact information current. For example, we might not be able to make a deposit if your Bank Account has been closed. We may charge additional service fees to resolve these issues.
If the problems cannot be resolved, we will use other means to pay you the amount to which you are entitled. We will determine the means of payment, in our sole discretion, and we may charge additional service fees for the payment.
If we are unable to make a deposit to your Bank Account, we have no liability or obligation to you, other than our obligation to repay your deposit (less applicable fees and expenses).
5. Fees
For each deposit, Clip will charge you a fee. The amount of the fee is determined from time to time for each deposit by us, in our sole discretion. The Clip App will tell you the amount of the fee for each of your deposits. If you do not accept the fee, do not continue with your deposit. The amount of the fee will be deducted from the cash that you deposit via Clip.
We may also charge additional service fees on a deposit if there is a problem with a deposit.
All fees and other amounts payable by you under these Terms are exclusive of taxes and similar assessments. To the extent that such taxes are charged on a deposit, you are responsible for all harmonized sales tax (HST), provincial sales tax (PST), goods and services tax (GST), value added tax, use and excise taxes, and any other similar taxes, duties, and charges of any kind imposed by any federal, provincial, territorial or local governmental or regulatory authority.
If your financial institution charges us any fee for making a deposit to your Bank Account, you agree to pay such fees, and agree that we may deduct the fee amount from your deposit.
To the extent that we do not deduct fees, expenses or taxes from your deposit, you agree to promptly pay us for such fees, expenses and taxes. We may also chargeback any amount that we have credited to you in error, or as a result of your deposit of counterfeit funds. You agree to promptly pay us for any chargeback. Clip Money may offset from any deposit any amount that you owe to Clip Money, without your prior consent.
6. Important Rules
We may, in our discretion, impose limits on the frequency of your deposits or on the amount of your deposits.
We may decline to accept all or any part of a deposit at any time, for any reason or for no reason in our sole discretion.
You or we may cancel a deposit at any time prior to your deposit.
After you have deposited your funds into Clip, your deposit is not revocable by you.
We do not guarantee when your bank will allow you to access funds that are deposited to your Bank Account. For example, your bank might impose a hold on the funds for a period determined by your bank. If you have any questions concerning this, please contact your bank.
7. Changes to Clip
We may, at any time, without notice or liability, and for any reason whatsoever, terminate, change, suspend or discontinue Clip or any aspect of Clip, including (a) changing the availability of, restricting access to, or imposing limits on any or all features or services on, or links to, Clip, (b) removing, adding, modifying or otherwise changing any fees for the use of Clip or any features of Clip, and (c) removing, adding, modifying or otherwise changing any Content.
We may, at any time, without notice or liability, and for any reason whatsoever, change any of the fees that we charge for your use of Clip.
8. Additional Terms
Use of certain features of Clip may require you to agree to additional third party terms, which are available in the Clip App or on the Clip Money website. By using those features, you acknowledge that you have agreed to those additional third party terms.
9. Restrictions on Your Use of Clip
You agree that you will not:
share your user name or password with any other person or otherwise allow any other person to use your Clip Account;
use Clip to deposit cash for any other person, or act as a ‘money services business’ under Canadian laws;
resell any Clip service or Content or include any Clip service or Content in or with any product that you create or distribute;
copy or store any Clip service or Content onto your own or any other web site or into a database or mobile application, except that your computer or mobile device may temporarily store or cache copies of materials being accessed and viewed;
reverse engineer, decompile, create derivative works from, modify, or disassemble Clip for any reason whatsoever, including for the purpose of creating competitive products or services;
use Clip in any manner that could damage, disable, overburden, impair, interfere with the security of, negatively affect the functioning of, or otherwise abuse, Clip or any other services, system resources, accounts, servers, networks, affiliated or linked sites connected to or accessible through Clip;
upload, post or otherwise transmit on Clip any computer viruses, Trojan horses, worms or other files or computer programs which are potentially harmful, disruptive or destructive or that may impose an unreasonable or disproportionately large load on Clip’s infrastructure of Clip;
use Clip for commercial purposes or activities (other than as set out under these Terms) including soliciting for advertisers or sponsors, soliciting for donations, or sending unauthorized or unsolicited junk mail, spam, chain letters, pyramid schemes or any other form of solicitation;
use Clip contrary to or in violation of any applicable laws or third party rights;
use any robot, spider or other automatic program or device, or manual process to monitor, copy, summarize, complete registrations forms or otherwise extract any information from Clip or the Content;
impersonate anyone or provide false identity information to gain access to or use Clip;
use Clip in any manner that may dilute or depreciate our name or reputation; or
interfere with any other person’s use and enjoyment of Clip.
10. Additional Obligations
You agree that you will:
comply with any additional instructions and policies that we may provide from time to time in the Clip App;
keep all your Clip Account information current, including address, Bank Account information, telephone number, and email address;
reimburse us for any cash you deposit that is later determined to be counterfeit.
reimburse us for any funds that have been credited to your Bank Account in error;
comply with all applicable laws relating to your use of Clip;
be responsible and liable for all activity under your Clip Account, including for all activity by persons to whom you have given access to your Clip Account or your Clip App, and including any fraud or any deposit of any counterfeit currency, in each case to the extent permitted by law; and
notify us immediately of any unauthorized use of your Clip Account or any other known or suspected breach of security.
If you become aware of any unauthorized access to or use of your Clip Account, you must change your password and notify us immediately.
11. Your Personal Information
Our Privacy Statement explains how we collect, use, protect and disclose the personal information you provide to us or that we otherwise collect through your use of Clip. You consent to our collection, use and disclosure of your personal information as described in the Privacy Statement, as amended from time to time.
You hereby consent to us sending you account-based information and alerts regarding Clip and your Clip Account by Clip App Notification and/or other push notifications.
12. Investigations
If we are concerned that you might be in breach of your obligations under these Terms or under applicable laws, then we reserve the right to (a) investigate your use of Clip, (b) provide information about any possible breach of applicable laws to our service partners, regulatory authorities and/or law enforcement authorities (including your identity and other personal information), and (c) co-operate with our service partners, regulatory authorities and/or any law enforcement authorities in the prosecution of any breach of applicable laws.
13. Clip Records
Clip will provide certain information to you via Clip App Notifications, including (a) a notification when a deposit is accepted, (b) a notification when we have initiated the deposit to your Bank Account, and (c) a notification if we have any problems making a deposit to your Bank Account. You can access these notifications and records of your past deposits through the Clip App. It is your responsibility to review these notifications promptly, and to notify us immediately if you discover any errors or omissions. If we do not receive written notice from you of an error or omission within 30 days of the date of the error or omission, then you agree to accept the notifications and records in the Clip App and you release us from any and all claims with respect to any deposit in such notifications and records.
14. Pre-Authorized Debit Agreement (“PAD Agreement”)
Upon your successful registration for Clip to provide you with pre-authorized debits (each, a “PAD”), including by providing certain information about yourself and your bank account, you, the payor under the PAD Agreement (the “Payor”), authorize Clip Money to debit, on a daily basis from the Bank Account identified in your registration information, a variable amount in respect of your Clip deposits from the previous day and any additional amounts owed to Clip Money not previously debited from your Bank Account. YOU ACKNOWLEDGE THAT BY REGISTERING FOR THIS PAD SERVICE AND AGREEING TO THESE TERMS, YOU ARE WAIVING YOUR RIGHT TO RECEIVE NOTICE FROM CLIP MONEY OF THE AMOUNT BEING DEBITED.
You, the Payor, may revoke your authorization at any time in writing to Clip Money Inc., 333 Bay Street, Suite 2400, Toronto, ON M5H 2T6 or by email at get@clipmoney.com, subject to providing 30 days’ notice of such revocation. To obtain a sample cancellation form, or for more information on your right to cancel a PAD Agreement, contact your financial institution or visit www.cdnpay.ca.
You have certain recourse rights if any debit does not comply with this PAD Agreement. For example, you have the right to receive reimbursement for any debit that is not authorized or is not consistent with this PAD Agreement. To obtain more information on your recourse rights, contact your financial institution or visit www.cdnpay.ca.
The date of this PAD Agreement is the date of your acceptance of these Terms. If you are using Clip for a business or commercial activity, the PAD is a ‘Business PAD’. If you are using Clip for personal activity, the PAD is a ‘Personal PAD’. The PAD is ‘Sporadic’ in that PADs do not occur at fixed time intervals. The PAD is for a variable amount, as the amount you might owe to us is not predetermined. The amount of any PAD will be specified in the authorization that we obtain from you. You agree that we may send you confirmation of your PAD registration and this PAD Agreement, in our sole discretion, to the most recent address or email address provided by you in your Clip Account.
15. Limited License
Subject to these Terms, we grant you a non-exclusive, non-transferable, non-sub-licensable, revocable, limited license to use Clip, solely for your own use.
16. Proprietary Rights
We reserve all rights not expressly granted to you in these Terms. We and our licensors own all right, title, interest in Clip, including all worldwide intellectual property rights. Clip is protected by the copyright laws of Canada and other jurisdictions. Any unauthorized copying, redistribution, reproduction or modification of Clip (including any element of the Content) by any person may be a violation of trade-mark and/or copyright laws and could subject such person to legal action. You agree to comply with all copyright laws worldwide in your use of Clip and to prevent any unauthorized copying, redistribution, reproduction or modification of Clip or any of the Content.
If you believe that material in which you hold copyright is visible on Clip without your consent and the use of which is not permitted by law, please contact us immediately in accordance with section titled “Notices and Communications”. Please provide details of where the material is visible along with a description of the material, as well as your name and contact information and such other information as we deem reasonably necessary to allow us to determine whether the content in question infringes your rights.
17. Linked Services
Certain links in the Clip App may take you to other websites that are not owned or operated by us. We provide these links only as a convenience. We are not responsible for the information or other content appearing on these websites or for any of the products or services available on or through these websites, and you visit and use them at your own risk.
18. User Submissions
We do not wish to obtain unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved products, goods, services or technologies, product enhancements, processes, materials, marketing plans, or new product names. Accordingly, please do not send any unsolicited ideas, suggestions or other materials (“Submissions”) to us. Any communications sent by you to us via Clip or otherwise, including Submissions, whether solicited by us or otherwise, are on a non confidential basis (other than personal information which is covered under our Privacy Statement). We are free to use and disclose the content of any such communication, including any ideas, inventions, concepts, techniques or know-how disclosed in any such communication, for any purpose including developing, manufacturing and/or marketing goods and services. You agree to not assert any ownership right of any kind in any such communication (including copyright, trade-mark, patent, trade secret, unfair competition, moral rights, or implied contract), and you hereby waive such moral rights in favour of Clip Money and its affiliates, licensees, successors and assignees. You also acknowledge that you have no right to receive any financial or other consideration in connection with any such communication.
19. Limited Warranty
We warrant that, for each deposit you make using Clip and for which you have received a receipt via Clip App Notification, we will attempt to complete the deposit in accordance with your directions as provided through the Clip App. If we are unable to complete the deposit in accordance with those directions, then we will use commercially reasonable efforts to repay your deposit to you as described in the section “Problems with a Deposit” (less applicable fees, unless the problem is our fault). THIS COMMITMENT IS OUR SOLE OBLIGATION AND YOUR SOLE REMEDY FOR ANY FAILURE BY US TO COMPLETE A DEPOSIT. WE HAVE NO LIABILITY TO YOU IF A DEPOSIT IS DELAYED, OR IF WE ARE UNABLE TO MAKE THE DEPOSIT TO YOUR BANK ACCOUNT, OR IF WE MAKE THE DEPOSIT TO THE WRONG BANK ACCOUNT BECAUSE YOU ENTERED INCORRECT BANK ACCOUNT INFORMATION. YOU AGREE THAT CLIP IS OTHERWISE PROVIDED ON AN “AS IS” BASIS, AND THAT ANY USE OF OR RELIANCE ON CLIP IS AT YOUR SOLE RISK.
EXCEPT FOR THE LIMITED WARRANTY PROVIDED ABOVE, CLIP MONEY AND ITS AFFILIATES AND THE CLIP LOCATIONS EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS, STATUTORY OR IMPLIED, ARISING BY OPERATION OF LAW OR OTHERWISE, INCLUDING ANY IMPLIED OR STATUTORY WARRANTIES OR CONDITIONS OF MERCHANTABLE QUALITY, FITNESS FOR ANY PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND THOSE ARISING OUT OF COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE. FOR GREATER CERTAINTY, CLIP MONEY DOES NOT WARRANT THAT CLIP WILL (A) MEET YOUR REQUIREMENTS, (B) BE COMPATIBLE WITH YOUR MOBILE DEVICE OR COMPUTER OR ANY RELATED EQUIPMENT, (C) BE RELIABLE, ACCURATE, CURRENT OR COMPLETE, (D) CONTINUE TO OPERATE, (E) OPERATE WITHOUT INTERRUPTIONS OR DELAYS, OR (F) BE ERROR-FREE.
20. Limitation of Liability
IN NO EVENT WILL CLIP MONEY OR ANY OF ITS AFFILIATES, SUBCONTRACTORS, SERVICE PROVIDERS, CLIP LOCATIONS, OR ITS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES (COLLECTIVELY “CLIP MONEY REPRESENTATIVES”) HAVE ANY RESPONSIBILITY OR LIABILITY FOR (A) ANY DIRECT DAMAGES EXCEPT AS EXPRESSLY PROVIDED IN THE SECTION TITLED “LIMITED WARRANTY”, OR (B) ANY OTHER LOSSES OR DAMAGES WHATSOEVER, WHETHER BASED ON CONTRACT (INCLUDING FUNDAMENTAL BREACH OR BREACH OF A FUNDAMENTAL TERM), TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, INCLUDING DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR OTHER DAMAGES, AND INCLUDING DAMAGES FOR HARM TO BUSINESS, LOSS OF INFORMATION OR DATA, LOSS OF PROFIT, LOSS OF SAVINGS OR REVENUE, LOSS OF GOODWILL OR OTHER ECONOMIC LOSS, RELATING DIRECTLY OR INDIRECTLY TO YOUR USE OR ATTEMPTED USE OF CLIP OR THE CLIP APP OR ANY DEPOSIT OR ATTEMPTED DEPOSIT, AND INCLUDING ANY LOSSES OR DAMAGES WHATSOEVER RELATING DIRECTLY OR INDIRECTLY TO (I) ANY FUNDS THAT YOU LEAVE WITH A CLIP RETAILER IF YOU DO NOT RECEIVE A RECEIPT VIA CLIP APP NOTIFICATION FOR THE FUNDS, OR ANY FUNDS THAT YOU LEAVE WITH A CLIP RETAILER THAT EXCEED THE AMOUNT OF THE RECEIPT RECEIVED BY CLIP APP NOTIFICATION, (II) A DELAY IN MAKING A DEPOSIT, OR OUR INABILITY TO MAKE THE DEPOSIT TO YOUR BANK ACCOUNT, OR (III) OUR MAKING THE DEPOSIT TO THE WRONG BANK ACCOUNT BECAUSE YOU ENTERED INCORRECT BANK ACCOUNT INFORMATION, IN EACH CASE EVEN IF WE OR ANY CLIP MONEY REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE OR EVEN IF SUCH LOSS OR DAMAGE WAS OBJECTIVELY FORESEEABLE.
IF FOR ANY REASON OR IN ANY CIRCUMSTANCE ANY CLIP MONEY REPRESENTATIVES ARE FOUND LIABLE TO YOU, THE MAXIMUM AGGREGATE LIABILITY TO YOU, FOR ANY AND ALL CLAIMS RELATING DIRECTLY OR INDIRECTLY TO YOUR USE OR ATTEMPTED USE OF CLIP OR THE CLIP APP OR ANY DEPOSIT OR ATTEMPTED DEPOSIT, SHALL BE LIMITED TO (A) FOR ANY CLAIM RELATING TO A DEPOSIT, THE AMOUNT SHOWN ON THE RECEIPT ISSUED TO YOU BY CLIP APP NOTIFICATION, LESS (I) APPLICABLE FEES (UNLESS THE PROBLEM WAS OUR FAULT), (II) ANY MONIES DEPOSITED TO YOUR BANK ACCOUNT OR TO ANOTHER BANK ACCOUNT BECAUSE YOU ENTERED INCORRECT BANK ACCOUNT INFORMATION, AND (III) ANY MONIES OTHERWISE PAID TO YOU, AND (B) FOR ALL OTHER CLAIMS, THE FEES PAID BY YOU TO CLIP MONEY IN THE 3 MONTHS PRECEDING THE CLAIM.
21. Indemnity
You will indemnify and hold each of the Clip Money Representatives harmless from and against any claims brought by third parties arising out of (a) your use of Clip, (b) any breach of these Terms by you (including any fraud, counterfeiting, or any use of Clip other than as expressly authorized in these Terms), (c) your violation of any applicable laws, (d) your violation of any right held by a third party, including any right of privacy or any intellectual property right, or (e) any other person’s use of Clip using your login credentials, and all resulting losses, damages, judgments, awards, costs, expenses, and lawyers’ fees incurred or suffered by the Clip Money Representatives in connection with any such claim.
22. Termination
We may suspend or terminate your Clip Account and your access to Clip at any time with or without notice to you, for any reason or for no reason at our sole discretion. You may terminate your Clip Account at any time by deactivating your Clip Account from the Clip App.
If your Clip Account is terminated or suspended: (a) the license and any other rights granted under these Terms will end, (b) we may (but have no obligation to) delete your information and account data stored on our systems, and (c) we will not be liable to you or any third party for compensation, reimbursement, or damages for the termination or suspension, or for deletion of your information or account data.
The following sections of these Terms survive and remain in effect in accordance with their terms upon termination: “Problems with a Deposit”, “Fees”, “Investigations”, “Clip Records”, “Pre-Authorized Debit Agreement”, “Proprietary Rights”, “User Submissions”, “Limited Warranty”, “Limitation of Liability”, “Indemnity”, “Disputes”, “Notices and Communications” and “General”.
23. Complaints
If you have a complaint or believe that a receipt, deposit confirmation, or other transaction record communicated to you by Clip App Notification is incorrect, please contact us through the Clip App or email to support@clipmoney.com or using the contact information on the Clip Money website.
24. Disputes
To the extent permitted at law, any complaint, dispute, controversy or claim arising under, out of, in connection with, or related to your use of Clip or these Terms in any fashion, or the subject matter, negotiation, performance, termination, interpretation, or formation of the agreement resulting from your acceptance of these Terms (a “Dispute”) must be resolved in accordance with this section.
Any Dispute relating to a deposit must be submitted to us in writing within 30 calendar days of the date of the receipt via Clip App Notification for the deposit. You waive all rights in respect of any Dispute relating to a deposit that is not submitted within that time period.
We will investigate the Dispute and we will use commercially reasonable efforts to advise you of our decision within 60 days.
If you do not accept our decision, then the Dispute will be finally resolved by arbitration under the Arbitration Rules of the ADR Institute of Canada, Inc. There will be a single arbitrator. The arbitration will take place in Toronto, Ontario. The language of the arbitration will be English. All costs and expenses of the arbitration will be borne by the parties equally, unless the arbitrator otherwise directs.
ANY ARBITRATION UNDER THESE TERMS WILL ONLY BE ON AN INDIVIDUAL BASIS. CLASS ARBITRATIONS, CLASS ACTIONS, REPRESENTATIVE ACTIONS AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT PERMITTED.
25. Notices and Communications
All notices to us must be made via email tosupport@clipmoney.com. Notices to you may be sent, at our sole discretion, to the most recent address or email address provided by you in your Clip Account. In addition, we may provide notices through the Clip App to inform you of changes to Clip and other matters of importance. Notices provided through the Clip App are deemed to have been received by you when we post them.
We will consider any electronic communication received from you or in your name to be duly authorized by you. The term “electronic communication” means any communication by or involving electronic methods, including communications within the Clip App, or by email, phone, text or social media.
26. General
These Terms and any Dispute shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable in the Province of Ontario, without reference to its conflict of laws principles. Subject to the section titled “Disputes”, the parties consent to the exclusive jurisdiction of the courts located in the Province of Ontario for any legal action instituted by either party against the other with respect to these Terms or any Dispute.
These Terms are the entire agreement between us and you with respect to Clip, and supersede all communications, representations or agreements, either oral or written, between us or our affiliates and you with respect to Clip. Notwithstanding the above, if you and we sign a written agreement and the agreement expressly overrides these Terms, the provisions of the agreement will prevail.
If for any reason a court of competent jurisdiction finds any provision of these Terms to be unenforceable, that provision will be enforced to the maximum extent permissible so as to effect the intent of these Terms, and the remainder of these Terms will continue in full force and effect.
No waiver of or consent to depart from any provision of these Terms will be binding unless it is in writing and signed by us.
You and we are independent contractors, and no agency, partnership, joint venture, employment or franchise relationship is intended or created by these Terms.
You may not assign these Terms or your rights and obligations under these Terms without our express prior written consent, which may be withheld in our sole discretion. We may assign these Terms and our respective rights and obligations under these Terms without your consent.
In these Terms the word “including” means “including, without limitation”.
These Terms will enure to the benefit of and be binding on you and us and our successors and assigns and (a) if you are contracting as an individual, your heirs, executors, administrators, personal representatives, and permitted assigns, and (b) if you are contracting as an organization, your successors and permitted assigns.
The parties have required that this agreement and all documents relating thereto be drawn up in English. Les parties ont demandé que cette convention ainsi que tous les documents qui s’y attachent soient rédigés en langue anglaise.