NotaPay Inc., NotaPay LLC, NotaPay Ltd., Nota sp z o.o (dba“NotaPay”) provides this website
(the “Website”) subject to these Terms of Use and all modifications thereto (“Terms of Use”).
“You”, “you” and “your” refer to each company, supplier, or person that uses this Website. All
personal information collected through this Website is subject to our Privacy Statement which
is incorporated herein by reference.
By entering and using this Website, you signify your agreement to these Terms of Use. If you do
not agree to abide by these Terms of Use, please do not access or use this Website. We may, at
our sole discretion, update or revise these Terms of Use at any time. Any updates or revisions
of these Terms of Use will be effective immediately upon posting on the website. Please check
these Terms of Use periodically for updates or revisions. Your continued access or use of this
Website following the posting of any updates or revisions to these Terms of Use constitutes
confirmation of your acceptance of these Terms of Use as updated or revised.
NotaPay grants you a limited, nonexclusive, revocable license to access and make personal,
non-commercial use of the NotaPay Website. Further, NotaPay grants you a limited,
nonexclusive and revocable right to create a hyperlink to the NotaPay Website, provided your
link does not portray NotaPay, the NotaPay suppliers, or their respective goods or services in a
false, misleading, derogatory, or otherwise offensive manner
You agree that we may communicate with you electronically by e-mail. You agree that all
agreements, notices, disclosures, and other communications that we provide to you
electronically satisfy any legal requirement that such communications be in writing.
Use of this Website is governed by this Terms of Use. You agree to comply with all procedures,
rules and policies established by us (and communicated electronically by us to you by e-mail,
and all applicable laws and regulations of Canada, including without limitation, the Act to
amend the Copyright Act, Chapter 20 (Assented to 29th June, 2012). You agree to use this
Website only for lawful purposes.
You agree that you are responsible for obtaining access to the Website, including, but not
limited to any third-party fees (such as Internet service provider or airtime charges) involved in
obtaining access and for all equipment necessary to access the Website.
You may not post on or transmit through the Website any data, text, music, sound,
photographs, graphics, video, messages or other material (“User Content”) that (i) is
defamatory, unlawful, harassing, abusive, threatening, obscene, hateful, sexist, or racially or
ethnically offensive; (2) constitutes a breach of any person’s privacy or publicity rights; (2i)
violates any statute, regulation or ordinance; (iv) promotes software or services that deliver
unsolicited mail; or (v) promotes, encourages, or facilitates terrorism or other activities.
You may not upload, post, e-mail or otherwise transmit any User Content on or through the
Website that (i) contains any viruses, Trojan horses, worms, cancel bots, time bombs, spyware
or other computer programming routines that may damage or interfere with the operations of
the Website or with other users of this Website, (2) is knowingly untrue, inaccurate or
misleading, or (2i) interferes with the operation of the Website in any manner.
You further agree that you will not:
Nothing within the Terms of Use and this Website shall be construed as conferring any license
under the Terms of Use of any of NotaPay’s intellectual property rights, or those of a third
party, whether by estoppel, implication, waiver, or otherwise. Without limiting the generality of
the foregoing, you acknowledge and agree that certain content available through and used to
operate this Website is protected by copyright, trademark, patent, or other proprietary rights
by us and our affiliates, licensors, and service providers. You agree not to modify, alter, or
deface any of the trademarks, service marks, or other intellectual property made available by
us in connection with this Website. You agree not to use any of the trademarks or service marks
or other content accessible through this Website for any purpose other than the purpose for
which such content is made available to you. You agree not to defame or disparage us, our
trademarks or service marks, or any aspect of this Website. You agree not to adapt, translate,
modify, decompile, disassemble, or reverse engineer this Website or any software or programs
used in connection with this Website. NotaPay will enforce its intellectual property rights to the
full extent of the law. Any unauthorized use of NotaPay’s materials may subject you to
penalties or damages, including but not limited to those related to violation of trademarks,
copyrights, privacy, and publicity rightsPayment Services
If you believe that a Product infringes upon your copyrighted works, please contact us by email.
If you notify NotaPay of any book, information, data, software, photographs, graphs, videos,
typefaces, graphics, music, sounds, User Content and other material on the NotaPay Website
(collectively “Content”) that is allegedly infringing, defamatory, damaging, illegal, or offensive,
NotaPay may investigate the allegation and determine in its sole discretion whether to remove
or request the removal of such Content from the NotaPay Website. NotaPay may disclose any
Content or electronic communication of any kind (i) to satisfy any law, regulation, or
government request; (2) if such disclosure is necessary or appropriate to operate the NotaPay
Website; or (2i) to protect the rights or property of NotaPay and its officers, directors,
employees, agents, third-party content providers, NotaPay suppliers, sponsors, and licensors
and any other user.
In order to avoid potential misunderstandings or disputes when NotaPay’s services or
marketing strategies might seem similar to ideas submitted to NotaPay, we adhere to a strict
policy of not accepting unsolicited ideas. NotaPay or any of its employees do not accept or
consider unsolicited ideas, including ideas for new advertising campaigns, new promotions,
new or improved services or technologies, service enhancements, processes, techniques,
methods, systems, designs, plans, charts, concepts, other materials, marketing plans or new
service names. Please do not send any original creative artwork, suggestions, ideas, concepts,
techniques, procedures, methods, systems, designs, plans, charts, or other materials to
NotaPay or anyone at NotaPay. If, despite our request that you not send us your ideas, you still
send them, then regardless of what your letter or transmission says, such submissions will be
considered non-confidential and non-proprietary, provided, however, that the foregoing shall
not apply to personal (as opposed to technical or business) information that identifies an
individual and that is subject to our Privacy Policy contained elsewhere on this site. In addition,
such submissions will automatically become the property of NotaPay, without compensation to
you, and NotaPay will have no obligations with respect to such submissions.
Although this Website may be linked to other websites, NotaPay is not, directly or indirectly,
implying any approval, association, sponsorship, endorsement, or affiliation with any linked
website, unless specifically stated herein. NotaPay is not responsible for examining or
evaluating, and we do not warrant the offerings of, any businesses or individuals or the content
of their websites. NotaPay does not assume any responsibility or liability for the actions,
products, and content of any other third parties. You should carefully review the privacy
statements and other conditions of use or any website which you access through a link from
this Website. Your linking to any other off-site pages or other websites is at your own risk.
If any provision of this Terms of Use is held to be invalid or unenforceable, in whole or in part,
such holding shall not affect the validity or enforceability of the other provisions of this Terms
of Use, and any part of such provision not held invalid or unenforceable shall remain in effect. If
such holding of invalidity or unenforceability is based on a measure of liability, performance, or
time set as a standard in this Terms of Use, such provision shall be replaced by a legally valid
measure of liability, performance, or time which is as close as possible to that originally
specified. Notwithstanding anything herein to the contrary, the “Warranty Disclaimer” and the
“Limitation of Liability” language shall survive the termination of this Terms of Use.
The provisions of this Terms of Use will inure to the benefit of and be binding upon NotaPay
and its successors and assigns, and you and your heirs, executors, administrators, successors,
and personal representatives, and all persons you represent and their respective successors,
assigns and related persons. You and the persons you represent may not assign this Terms of
Use or the rights and obligations under this Terms of Use without the express prior written
consent of NotaPay, which may be withheld in NotaPay’s sole discretion.
NotaPay may assign this Terms of Use and its rights and obligations under this Terms of Use
without your consent or the consent of any persons you represent. Nothing contained in this
Terms of Use shall be deemed to constitute either party as the agent or representative of the
other party, or both parties as joint venturers or partners for any purpose.
NotaPay’S FAILURE TO ENFORCE ANY PROVISION OF THE TERMS OF USE OR TO ACT WITH
RESPECT TO A BREACH OF THE TERMS OF USE BY YOU SHALL NOT BE DEEMED A WAIVER OF
SUCH PROVISION NOR OF NotaPay’S RIGHT TO ACT WITH RESPECT TO SUBSEQUENT OR
SIMILAR BREACHES, NOR OF NotaPay’S RIGHT TO ENFORCE SUCH PROVISION.
NotaPay address – according to the details mentioned on the www.notapay.co website
(Contact section)
By using this Website or by using our Services, you agree to these Payment Terms. These
Payment Terms apply to your use of the NotaPay Service. The Payment Terms constitute a
legally binding agreement between you and NotaPay. NotaPay’s Terms of Use, Privacy
Statement, and Prohibited Products List are hereby incorporated into the Agreement by
reference. You shall review the Payment Terms in their entirety before using our Service.
NotaPay provides a range of financial services, including but not limited to global payment
solutions, multi-currency accounts, B2B pay-ins and pay-outs, sub-account management, and
third-party wire transfers. All services are subject to compliance with applicable laws and
regulations.
You shall use the Service in accordance with the Agreement.
Payment Methods
You shall provide us with an accurate and correct Payment Instrument to complete your
Payment Transactions with the Seller. If you fail to provide us with an accurate Payment
Instrument, then the following may occur:
(1) Your Payment Transaction may be improperly executed;
(2) Your Payment Transaction may be denied;
(3) Your Payment Transaction or your Payment Instrument may be marked as fraudulent;
(4) Your Payment Transaction may be delayed; and/or
(5) Your Payment Transaction may be blocked.
NotaPay may verify with third parties all information you provide us, including your Payment
Instrument.
Blocked Transactions
NotaPay may block your Payment Transaction in its sole discretion. In addition, NotaPay may
block the transaction or refuse a Payment Transaction in the following circumstances:
(1) For the security of the Payment Instrument;
(2) Suspected unauthorized or fraudulent use;
(3) For risks relating to NotaPay’s legal obligations;
(4) For risks relating to any Dispute, Chargeback, claim, reversal, fees, fines, or penalties;
(5) For risks relating to sales of goods or services from Sellers that are on the Prohibited
Products List;
(6) In the event that you have exceeded our purse limits, as described below;
(7) Where it would be unlawful to allow the Payment Transaction; or
(8) Other circumstances where we must abide by legal obligations as a payment services
provider, including our legal obligations under anti-money laundering, anti-terrorist financing,
or similar related laws.
Further Information
NotaPay may obtain further information about you. This information may include credit or
background inquiries or other further information. We may use this information to process
your Payment Transaction, verify you’re Payment Instrument, or to verify the information you
provide us. You authorize us to conduct these inquiries as we deem appropriate.
We may confirm the validity of the bank or wire transfer with your financial institution. We may
confirm that your Payment Instrument is in good standing with the Card-issuing bank. This
confirmation may involve requesting a payment authorization or other actions. Furthermore,
you shall provide NotaPay with any further information necessary to assist NotaPay in
complying with its legal obligations, including anti-money laundering laws and/or anti-terrorist
financing laws. This further information may include identification documents, passports, or
other documents.
Transaction and Purse Limit
NotaPay may limit any of your transactions, series of your transactions, your total running
transaction amount, or the frequency of your transactions. We maintain the right to change,
suspend, or discontinue the Service, or any aspect thereof, at any time without notifying you
and without liability. We may impose access restrictions or limits, or both, on features without
notice and without incurring liability. We may also refuse either to your or the Seller’s request
to process a transaction without notice or liability.
Recurring Payments
If you have signed up for a Recurring Payment through a Seller’s website, then you hereby
consent to NotaPay’s deducting those amounts from your Payment Instrument periodically.
NotaPay may debit your Payment Instrument to process Payment Transactions on the dates
that you and the Seller have agreed. NotaPay is not required to verify the accuracy of the
amount or frequency of the Recurring Payments submitted to NotaPay by Sellers. Exchange
rates that will be used on the Payment Transaction related to a particular Recurring Payment
will be determined based on the day that Recurring Payment is to be charged.
Cancellation of Recurring Payments
You may cancel a Recurring Payment by contacting the Seller. NotaPay will not charge you for
cancelling a Recurring Payment. However, you may be liable for any fees or charges owed to
the Seller. NotaPay is not liable to you for any fees that the Seller may charge you for cancelling
your Recurring Payment.
You may request a refund for your Payment Transaction by contacting the Seller from whom
you purchased the goods or services. Generally, NotaPay follows the refund policy posted on
the Seller’s website.
Notification and Investigation
You shall notify NotaPay of errors, defective execution, unauthorized execution, or incorrect
execution of your Payment Transactions as soon as you become aware of them. If you do not
notify us of these transactions within six (6) months after the debit date, you will not be
entitled to any redress. After you notify us of these Payment Transactions, we will carry out an
investigation. You shall assist NotaPay in this investigation by providing us with all of the
information we may require from you. NotaPay will notify you of the results of our investigation
within a reasonable time after we conclude this investigation.
NotaPay Not Liable
NotaPay will not be liable for any reason in the following situations:
(1) Abnormal and unforeseeable circumstances beyond our control;
(2) If the situation arose because of our compliance with the law;
(3) If you fail to notify NotaPay as soon as possible, but no later than six (6) months after the
debit date; or
(4) If you did not have enough funds available to complete the transaction through no fault of
ours.
You will be liable for all unauthorized transactions if you acted fraudulently, intentionally, with
gross negligence, or if you failed to comply with your obligations regarding the security of your
information.
Dispute Resolution
If you have any problems or concerns, please contact our Customer Service Department. If a
Dispute arises between a Buyer and a Seller, NotaPay may provide reasonable assistance to
help resolve the Dispute. However, NotaPay is not liable to you with respect to these Disputes.
You agree to release NotaPay from all claims, demands, or damages arising from or connected
with these Disputes.
You are solely responsible for the payment of all taxes incurred in your use of the Service. You
are solely responsible for educating yourself and obeying all laws and regulations pertaining to
your use of the Service.
NotaPay is not responsible for the quality, accuracy, soundness, condition, or legality of any
product or service sold using the Service. NotaPay is not responsible for the truthfulness or
accuracy of any description or of any other information on the products or services that are
displayed, distributed, purchased, or sold through the Service.
NotaPay is neither a Buyer nor Seller for any of the goods that you purchase from Sellers.
NotaPay is not responsible for your ability to purchase products or for the ability of Sellers to
deliver products to you. NotaPay is not responsible or liable for any errors or omissions in the
information on the Service or in the Service itself. NotaPay may, in its sole discretion, correct,
modify, remove, or refuse to post content on its Service that is erroneous, illegal, fraudulent,
objectionable, or otherwise in violation of the Payment Terms. NotaPay is not liable for errors
or omissions in any of these corrections, modifications, removals, or refusals to post.
NotaPay – according to the details mentioned on the www.notapay.co website Contact section.
We do not warrant that the Service will be uninterrupted, not delayed, or free from error.
NotaPay will not be held responsible for interruptions in Service. NotaPay is not liable for
failures or delays caused by matters beyond its reasonable control. These matters include
government acts or restrictions, acts of terrorism, fires, floods, earthquakes, hurricanes or
other natural disasters or acts of God, wars, riots, strikes, network, server or power
disturbances or failures, software glitches, internet disturbances, labor disputes or unrest, or
intellectual property disputes. Your use of the Service is at our discretion. We may suspend or
limit your use at any time. Your rights and obligations under the Payment Terms will not be
affected by any suspension or limitation of your use.
If you are not a Buyer, then the following modification of the Payment Terms apply to you:
We may point to the use of your Payment Instrument as sufficient proof that you have
authorized the Payment Transaction, that you have acted fraudulently, or that you have
failed to fulfill your security obligations with respect to your Account.
Competence
You represent that you are of legal age to enter into this legally binding Agreement. You also
represent that you are capable of entering into this legally binding Agreement with NotaPay.
Authority
If you are a corporate entity, you represent that you are authorized to do business in the
countries in which you operate. You also represent that the persons within your organization or
your agents who access this Service are authorized to do so. You agree that these persons are
authorized to legally bind the corporate entity to the Payment Terms. You agree that these
persons are authorized to bind the corporate entity to any transaction that may be conducted
under your Account.
No Third Party Reliance
Unless otherwise stated herein, the Payment Terms are for the benefit of NotaPay and the
Buyer. The Payment Terms do not create any rights or remedies in any other person or entity.
There are no third party beneficiaries under this Agreement.
Survival
If any provision of the Payment Terms is held to be invalid, illegal, or unenforceable, then the
remaining provisions of the Agreement remain in full force. Notwithstanding anything in this
Agreement to the contrary, Section 7 on “Information About Transactions,” Section 8 on
“Disputes,” Section 9 on “Taxes and Regulatory Requirements,” Section 10 on “No Product
Endorsements,” Section 11 on “Indemnification,” Section 12 on “Warranty Disclaimer,” Section
13 on “Limitations of Liability,” Section 14 on “Service Disruption,” and Section 15 on
“Governing Law, Jurisdiction, and Time Limits” must survive the termination or expiration of
the Payment Terms.
Successors and Assigns
The Payment Terms benefit and bind NotaPay, its successors, and its assigns. The Agreement
also binds and benefits you and your heirs, executors, administrators, successors, and personal
representatives, and all persons you represent and their respective successors, assigns, and
related persons.
Assignment
You and the persons you represent shall not assign the Payment Terms or your rights and
obligations under it without the express prior written consent of NotaPay. We may withhold
this consent in our sole discretion. NotaPay may assign the Payment Terms and our rights and
obligations under it without your consent or the consent of any persons you represent.
No Waiver
NotaPay’s failure to enforce the Payment Terms will not be a waiver. Our failure to enforce any
provision of the Payment Terms will not be a waiver of NotaPay’s right to act on subsequent
breaches or similar breaches. NotaPay’s failure to enforce any provision of the Payment Terms
will not be a waiver of NotaPay’s right to enforce that provision.
Headings
Headings contained in the Payment Terms are for reference and convenience purposes only.
They do not limit or change the meaning or interpretation of the terms in the Agreement.
Entire Agreement
The Payment Terms constitute the entire agreement between NotaPay and the Buyer.
Your use of the website and Services are subject to the Privacy Policy as mentioned here:
https://www.notapay.co/privacy.html and is amended from time to time by us.
You agree to defend and indemnify NotaPay and its employees and suppliers from any claim or
demand, including reasonable attorney’s fees, arising from your failure to comply with this
Terms of Use, your violation of any law or the rights of a third party.
You are liable for any losses, expenses, or costs, arising from your: (1) use of the Service; (2)
failure to comply with the Payment Terms; (3) negligence, actions, or omissions; (4) violation or
alleged violation of any law; or (5) violation or alleged violation of the rights of a third party.
You shall defend and hold NotaPay harmless from any claim or demand arising from them.
THIS WEBSITE, AND THE INFORMATION AND ANY CONTENT CONTAINED HEREIN ARE PROVIDED
“AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER
EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, NOTAPAY AND ITS
AFFILIATES, SUBSIDIARIES, AGENTS AND THEIR RESPECTIVE EMPLOYEES, CONTRACTORS,
DIRECTORS, OFFICERS, AND SHAREHOLDERS, SPECIFICALLY DISCLAIM ANY AND ALL
WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (I) ANY WARRANTIES CONCERNING THE
AVAILABILITY, ACCURACY, INTEGRATION, APPROPRIATENESS, RELIABILITY, COMPLETENESS OR
TIMELINESS, USEFULNESS, ARISING FROM TRADE USAGE OR COURSE OF DEALING OR COURSE
OF PERFORMANCE, OR OTHERWISE OF THIS WEBSITE OR THE SITE CONTENT THEREON; (2) ANY
WARRANTY THAT THIS WEBSITE AND NOTAPAY’s OTHER WEBSITES WILL BE SECURE,
UNINTERRUPTED, NOT DELAYED OR SUSPENDED, UNCHANGED OR ERROR FREE; AND (2I) THE
IMPLIED WARRANTIES OF QUIET ENJOYMENT, MERCHANTABILITY, MERCHANTABLE QUALITY,
FITNESS FOR A PARTICULAR PURPOSE, FITNESS FOR LICENSEE’S PURPOSE, TITLE,
INFORMATIONAL CONTENT, NONINTERFERENCE AND NONINFRINGEMENT. NOTAPAY MAKES
NO REPRESENTATIONS THAT THE MATERIALS CONTAINED WITHIN THIS WEBSITE ARE
APPROPRIATE FOR LOCATIONS OUTSIDE THE UNITED STATES. IF YOU USE THIS WEBSITE FROM
LOCATIONS OUTSIDE THE UNITED STATES, YOU ARE RESPONSIBLE FOR COMPLIANCE WITH ANY
AND ALL APPLICABLE LOCAL LAWS OF THE JURISDICTION FROM WHICH YOU ACCESS THIS
WEBSITE, INCLUDING WITHOUT LIMITATION, THE EXPORT AND IMPORT REGULATIONS OF
OTHER COUNTRIES.
THIS SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OR CONDITION
OF ANY KIND, EITHER EXPRESS, IMPLIED, OR ‘OTHERWISE. WITHOUT LIMITATION OF THE
FOREGOING, NOTAPAY SPECIFICALLY DISCLAIMS ALL WARRANTIES, INCLUDING THE
FOLLOWING. FIRST, WE DISCLAIM ANY WARRANTIES CONCERNING THE AVAILABILITY,
ACCURACY, INTEGRATION, APPROPRIATENESS, RELIABILITY, COMPLETENESS, TIMELINESS, OR
USEFULNESS, ARISING FROM TRADE USAGE OR COURSE OF DEALING OR COURSE OF
PERFORMANCE OR OTHERWISE, OF THIS SERVICE. SECOND, WE DISCLAIM ANY WARRANTY
THAT THE SERVICE WILL BE SECURE, UNINTERRUPTED, NOT DELAYED OR SUSPENDED,
UNCHANGED OR ERROR FREE OR THAT WE WILL CORRECT ANY DEFECTS THAT ARE FOUND.
THIRD, WE DISCLAIM THE IMPLIED WARRANTIES OF QUIET ENJOYMENT, MERCHANTABILITY,
MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, FITNESS FOR LICENSEE’S
PURPOSE, TITLE, INFORMATIONAL CONTENT, NONINTERFERENCE, AND NONINFRINGEMENT.
ANY MATERIAL THAT YOU DOWNLOAD IN CONNECTION WITH NOTAPAY’S SERVICES IS DONE
ENTIRELY AT YOUR OWN RISK. ANY DAMAGES, INCLUDING THOSE TO YOUR COMPUTER
SYSTEM OR RELATED TO DATA LOSS, ARE YOUR RESPONSIBILITY.
THE PAYMENT TERMS DO NOT AFFECT THOSE STATUTORY RIGHTS THAT YOU ARE ENTITLED TO
AS A CONSUMER AND THAT YOU CANNOT CONTRACTUALLY AGREE TO ALTER OR WAIVE.
YOUR USE IS AT YOUR OWN RISK AND NONE OF THE PARTIES INVOLVED IN CREATING,
PRODUCING, OR DELIVERING OR OPERATING THIS WEBSITE IS LIABLE FOR ANY DIRECT,
INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES, OR ANY OTHER LOSSES,
COSTS, OR EXPENSES OF ANY KIND (INCLUDING LEGAL FEES, EXPERT FEES, OR OTHER
DISBURSEMENTS) WHICH MAY ARISE, DIRECTLY OR INDIRECTLY, (1) THROUGH THE ACCESS TO,
USE OF, OR BROWSING OF THIS WEBSITE OR (2) THROUGH YOUR DOWNLOADING OF ANY
MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THIS WEBSITE, INCLUDING BUT NOT
LIMITED TO ANYTHING CAUSED BY ANY VIRUSES, BUGS, HUMAN ACTION OR INACTION OR ANY
COMPUTER SYSTEM, PHONE LINE, HARDWARE, SOFTWARE OR PROGRAM MALFUNCTIONS, OR
ANY OTHER ERRORS, FAILURES OR DELAYS IN COMPUTER TRANSMISSIONS OR NETWORK
CONNECTIONS.
Notwithstanding the fact that NotaPay or other parties involved in creating, producing, or
delivering this Website may monitor or review transmissions, postings, discussions, or chats,
NotaPay and all parties involved in creating, producing, delivering or operating this Website
assume no responsibility or liability which may arise from the content thereof, including but not
limited to claims for defamation, libel, slander, obscenity, pornography, profanity, or
misrepresentation.
YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. WE ARE NOT LIABLE FOR ANY DIRECT,
INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR
ANY OTHER LOSSES, COSTS, OR EXPENSES. WE ARE NOT LIABLE FOR DAMAGES, LOSSES, COSTS,
OR EXPENSES THAT ARISE DIRECTLY OR INDIRECTLY. WE ARE NOT LIABLE FOR DAMAGES,
LOSSES, COSTS, OR EXPENSES THAT ARISE THROUGH THE ACCESS TO, USE OF, OR BROWSING
OF THE SERVICE. WE ARE NOT LIABLE FOR DAMAGES, LOSSES, COSTS, OR EXPENSES THAT ARISE
THROUGH YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO
FROM THE SERVICE, INCLUDING ANYTHING CAUSED BY ANY VIRUSES, BUGS, HUMAN ACTION
OR INACTION OR ANY COMPUTER SYSTEM, PHONE LINE, HARDWARE, SOFTWARE OR
PROGRAM MALFUNCTIONS, OR ANY OTHER ERRORS, FAILURES OR DELAYS IN COMPUTER
TRANSMISSIONS OR NETWORK CONNECTIONS. LOSSES INCLUDE BUT ARE NOT LIMITED TO
LOSS OF PROFIT, GOODWILL, BUSINESS REPUTATION, OR DATA. COSTS INCLUDE BUT ARE NOT
LIMITED TO THE COST OF PROCURING SUBSTITUTE SERVICES. EXPENSES INCLUDE BUT ARE NOT
LIMITED TO LEGAL FEES, EXPERT FEES, OR OTHER DISBURSEMENT.
IN ADDITION TO THE ABOVE, WE ARE NOT LIABLE TO YOU FOR ANY OTHER LOSS OR DAMAGE
INCURRED BY YOU, INCLUDING THOSE THAT RESULT FROM THE FOLLOWING. FIRST, WE ARE
NOT LIABLE FOR DAMAGES, LOSSES, COSTS, OR EXPENSES DUE TO YOUR RELIANCE UPON THE
ACCURACY, COMPLETENESS OR EXISTENCE OF ANY ADVERTISING ON THE WEBSITE OR ANY
TRANSACTION YOU HAVE HAD WITH A WEBSITE ADVERTISER OR SPONSOR. SECOND, WE ARE
NOT LIABLE FOR DAMAGES, LOSSES, COSTS, OR EXPENSES DUE TO ANY CHANGES NOTAPAY
MAY HAVE MADE TO THE SERVICES. THIRD, WE ARE NOT LIABLE FOR ANY CESSATION IN THE
SERVICES OR FEATURES THEREOF. FOURTH, WE ARE NOT LIABLE FOR DAMAGES, LOSSES,
COSTS, OR EXPENSES DUE TO THE DELETION OR CORRUPTION OF DATA MAINTAINED IN OR
TRANSMITTED BY THE SERVICES. FIFTH, WE ARE NOT LIABLE FOR DAMAGES, LOSSES, COSTS, OR
EXPENSES DUE TO YOUR FAILURE TO GIVE US ACCURATE INFORMATION ABOUT YOUR
ACCOUNT OR TO KEEP YOUR ACCOUNT INFORMATION CONFIDENTIAL AND SECURE.
OUR LIABILITY UNDER THE AGREEMENT IS LIMITED TO THE NET FEES WE RECEIVE FROM YOUR
PAYMENT TRANSACTIONS DURING THE THREE MONTH PERIOD PRECEDING THE DATE YOU FILE
YOUR CLAIM.
THESE LIMITATIONS OF LIABILITY PROVISIONS APPLY IRRESPECTIVE OF WHETHER NOTAPAY
KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY THAT THOSE LOSSES COULD ARISE.
THESE LIMITATIONS APPLY EVEN IF THERE HAS BEEN A FAILURE OF ESSENTIAL PURPOSE OR OF
ANY LIMITED REMEDY.
THE PAYMENT TERMS DO NOT EXCLUDE OR LIMIT NOTAPAY’S LIABILITY FOR LOSSES, COSTS, OR
EXPENSES THAT MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW.
This Terms of Use shall be governed by the laws of Canada without reference to its conflict of
law principles. You agree that any action at law or in equity arising out of or relating to this
Website, the Terms of Use, or the Services of NotaPay shall be filed exclusively in courts located
in Canada and you hereby consent and submit to the personal jurisdiction of such courts. You
agree that regardless of any law or statute to the contrary, any claim or cause of action arising
out of or relating to this Website, this Terms of Use, or the Services of NotaPay must be filed
within 10 (ten) calendar days of the date the cause of action arose or be deemed waived and
forever barred as untimely.
You shall bring any claim or cause of action relating to this Website, the Payment Terms, or the
Services of NotaPay within 10 (ten) calendar days of the date the cause of action arose.
Otherwise, your cause of action will be waived and time barred
