User Agreement
1. DEFINITIONS
Account : means the Account established by MoneyCell to the benefit of a User on the basis of information supplied by the User upon Registration.
Agreement : means this Agreement and any and all other documents supplied by the User at the time of Registration as well as amendments to this Agreement, as published from time to time on MoneyCell website and communicated to the User at the e-mail address provided by the User in the application for Registration.
Registration : means the Registration made by the User through his application on the website of MoneyCell.
Transactional User Limit : means the maximum amount in value for transactions that a User may execute in a given period of time namely:
1. daily limit : $999.99
2. cumulative limit in a period of 30 days: $2,999.99
For more certainty, upon the User reaching the total of $2,999.99 in transactions, in a period of 30 days, the system will disallow additional transactions until the expiration of such 30 days period.
Password : means the Password chosen by a User at the time of Registration. The Password is used, in conjunction with the Username, to access information on the User’s Account.
PIN : means the personal identification number selected at the time of Registration. This PIN number is necessary for operations, the value of which are in excess of $15.00.
Username : means the name chosen by the User at the time of Registration; such name shall be different from any other username then already recorded on the MoneyCell system.
Operation : means any transaction, payment order, reimbursement or any other act aiming at realizing a transaction via the MoneyCell service.
User : means the person having fulfilled and submitted a Registration application, which has then been accepted by MoneyCell.
2. OPENING OF AN ACCOUNT
This Agreement aims at defining the rapports between the User and MoneyCell for the electronic direct payment services through a cellular telephone device or through a computer via internet.
The Account opened by the User is subject to the terms and conditions of this Agreement.
After filing by a person of a Registration application, MoneyCell proceeds to the analysis of the application and, in its sole discretion, accepts or refuses the registration of the applicant. Nothing is meant to oblige MoneyCell to accept to open an Account for any person whatsoever. The Account cannot be activated until such time that the User has signed an authorization for direct debit from his bank account, the delivery of a specimen of cheque and a proof of identity, based on reasonable criterias that are acceptable to MoneyCell.
3. OPERATION OF THE SERVICE
The MoneyCell service operates as follows:
The User provisions his Account by instructing his financial institution (bank).
From the funds in his Account, the User may give instruction to proceed to an Operation.
At the time of activation of the Account of a User, MoneyCell installs on the cellular phone of the User an electronic tag allowing proximity reading.
The retailer is equipped with an optical reader and a keyboard for the composition of the PIN number of the User.
The User brings his cellular phone near to the optical reader for identification and validation of the Operation.
Upon validation of an Operation, the Account of the User is debited the amount of the Operation. If the Operation exceeds the balance in the Account of the User or the Transactional User Limit, the Operation will be refused.
The Moneycell service aims at the payment of suppliers by cellular telephone communication or the web and applies only to payment of goods or services supplied or the transfer of a sum of money to another user (peer2peer).
MoneyCell reserves the right to suspend the service for any User who does not abide by the terms of this Agreement including but without limitation the Transactional User Limit.
The User is liable for any operation made through his cellular telephone or by internet with his PIN and may not invoke, against MoneyCell, an impersonation or other usurpation of his rights or identity for any Operation made from a cellular telephone. If the Operation is of a value of $15.00 or less, only the optical reading is required; for any Operation of more than $15.00, the User must enter his PIN.
The User acknowledges that MoneyCell is only a supplier of payment services and MoneyCell assumes no liability whatsoever with respect to the services or products covered by an Operation. MoneyCell cannot guaranty the identity of a User or of a supplier of products or services.
The User may obtain information, online or by telephone at the addresses and number indicated on MoneyCell website.
4. LIABILITY OF USER
The User is liable for all obligations resulting from the use of the Account, namely but without limitation, to pay all purchases and costs related to the service supplied by MoneyCell.
The User acknowledges that he will not use the MoneyCell service for any illicit, illegal or fraudulent purpose.
The User agrees to act responsibly in using the MoneyCell service. The User undertakes not to infringe any law, not to short-circuit or hinder computer networks, not to hold himself out or attempt to hold himself out as another person or entity, not to gain unauthorized access to the MoneyCell service and not hinder the operation of MoneyCell system or MoneyCell website and the integrity thereof.
5. LIMITATION
The User is not entitled to use the MoneyCell service beyond the Transactional User Limit. MoneyCell may, in its discretion, authorize an overrun of the Transactional User Limit. However, such overrun does not, in any manner, constitute an acknowledgment on the part of MoneyCell that an increase in the Transactional User Limit has been granted and the User remains liable for the payment of any amount even beyond the Transactional User Limit.
MoneyCell may, in its discretion, allow an increase or renounce a reduction in the Transactional User Limit. The User acknowledges that any restriction on the Transactional User Limit may be imposed by MoneyCell at any time without prior notice.
6. ONLINE STATEMENTS
The user may access his Account, at any moment, with his Username and Password. The statement of account includes the date of each Operation, the identification of the retailer or supplier and the amount of the Operation.
7. PAYMENT
Each Operation (excluding the funding from a bank account) shall ipso facto be charged to the MoneyCell Account of the User and a debit or credit shall be made accordingly.
8. CONFIDENTIALITY AND PERSONAL INFORMATION
MoneyCell undertakes to apply all reasonable measures aiming at protecting the personal information of the User and the Username, Password and PIN. MoneyCell shall incur no liability whatsoever should personal information of the User be communicated to third parties by mishap or otherwise, except in cases of gross negligence on the part of MoneyCell.
The User undertakes to safeguard his Username, Password and PIN as confidential and to refrain from communicating any information on his use of the MoneyCell services in any manner whatsoever including without limitation on a social communications network.
MoneyCell is entitled to communicate any personal information concerning a User to a regulatory organization on transfers or payments, to any supplier, agent or contractor for the execution in whole or in part of the services contemplated herein or to any other person if MoneyCell is required to do so by law.
9. TERM AND TERMINATION
This Agreement is made for a period expiring on December 31, 2011. This Agreement shall not be renewed unless agreed to by both the User and MoneyCell.
At the termination of the Agreement, the User shall cease to access the MoneyCell service for any Operation but shall continue, for a period of 6 months, to access the data of his Account, via his Username and Password.
The User may terminate this Agreement at any time during the initial or any renewal term by notice to MoneyCell, following the procedure indicated on MoneyCell Site.
Notwithstanding any agreement to the contrary, at termination for whatever reason, the User may claim any amount credited to his Account and shall pay, within 5 business days from termination any debit in his Account.
Should the User be in default to abide by all obligations herein, MoneyCell may suspend the User’s right to operate the Account and may ipso facto debit the User for any amount owing in capital and costs from the bank account designated by the User in the Registration application.
The User shall not close his Account in order to escape an ongoing investigation. Should MoneyCell proceed to an investigation, funds may be frozen for a maximum period of 180 days, without the User being exempt from payments timely.
At the time of closing of an Account by the User or at termination for any other reason, any Operation not completed shall be cancelled.
10. AMENDMENT
MoneyCell may, at any time in its discretion amend the conditions of this Agreement on 30 days prior notice given by e-mail at the address supplied in the application for Registration. Such amendment shall not create a new agreement; consequently, all the provisions that are not amended shall remain in full force.
11. APPLICABLE LAW
This Agreement and the relations between the User and MoneyCell are governed by the laws applicable in the province of Quebec.
12. ASSIGNMENT
MoneyCell may, at any time, in its discretion, assign its rights in the Agreement and notify the User of such assignment by e-mail at the address indicated in the application for Registration.
13. CHANGE OF ADDRESS, ETC.
The User may at any time change the e-mail address indicated in the application for Registration as well as his Username, Password and PIN, as per the procedure on the MoneyCell site.
14. LIMITATION OF LIABILITY
MoneyCell shall not be held liable for any damage or prejudice suffered by the User by reason of the MoneyCell service and deriving from:
a) default, misfunction or error in the service or unavailability of the service, even though such event derives from the negligence of MoneyCell, its employees, mandataries or agents;
b) any damage on the cellular phone of the User when used for an Operation through the MoneyCell service; or
c) the fact that for whatever reason the service is not accepted or the User is not able to use the MoneyCell service;
notwithstanding the fact that MoneyCell knew or should have known that a damage was likely to be caused.
In cases of non-availability or interruption of the service, MoneyCell shall do reasonable efforts to reestablish the service in the best delays. However, MoneyCell gives no warranty of availability of the service and of uninterrupted use thereof.
Except as expressly provided herein MoneyCell gives no warranty of any nature whatsoever express or tacit with respect to the functions of the service, to its Operation and to its adequacy to the needs of the User.
MoneyCell shall not be liable for any delay in the execution of an Operation or the non-execution thereof for reasons that are independent from MoneyCell including but without limitation force majeure and acts or omissions on the part of a third party. This provision survives the termination of the Agreement.
15. INTELLECTUAL PROPERTY
The User acknowledges that MoneyCell and all graphic presentations are trademarks or copyrighted material and that he may not, directly or indirectly, copy or use same. DH International Ltée is a user under license of the trademarks of MoneyCell.
16. MISCELLANEOUS
The titles are inserted for easiness of reading and shall not be used for the interpretation of this Agreement.
Should a provision be declared invalid or non-executory, the rest of this Agreement shall continue to apply.
No waiver or delay on the part of MoneyCell in seeking compliance with the terms of this Agreement shall be so construed as a waiver or authorization for the User to fully execute all obligations herein.
The MoneyCell website and the MoneyCell service are operated by DH International Ltée.
The User has requested that this Agreement be made in the English language.
