Prior to using the website www.compasscash.ca (the “Site”, “Compass Cash”), please carefully read the details set out below. By accessing this Site, you agree to be bound, without modification and without limitation, by the following terms and conditions and disclaimers (the “Terms”):
1. NO SOLICITATION
1.1 Neither the information, nor any opinion contained in our Site constitutes an offer to sell, or a solicitation, or an offer to buy any financial instruments, or any advice or recommendation with respect to such financial instruments.
2. DISCLAIMERS AND LIMITATION OF LIABILITY
2.1 While reasonable steps to ensure the accuracy, currency, availability, correctness, and completeness of the information contained on the Site have been taken, information is provided on an “as is”, “as available” basis and we do not give or make any warranty or representation of any kind, whether express or implied. The use of the Site and the materials contained in it are entirely at your own risk.
2.2 NEITHER THIS SITE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS SITE SHALL BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, THIS SITE.
2.3 WE SHALL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES, WHETHER DIRECT OR INDIRECT, CONSEQUENTIAL OR OTHERWISE THAT YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE SITE, INCLUDING BUT NOT LIMITED TO COMPUTER SERVE OR SYSTEM FAILURE, ACCESS DELAYS OR INTERRUPTION, DATA NON-DELIVERY OR MIS-DELIVERY, COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS, BREACHES OF SECURITY OR UNAUTHORISED USE OF THE SYSTEM ARISING FROM “HACKING” OR OTHERWISE OR YOUR RELIANCE ON THE INFORMATION CONTAINED ON THE SITE.
2.4 We do not represent or warrant that the Site will be available and meet your requirements, that access will be uninterrupted, that there will be no delays, failures, errors or omissions or loss of transmitted information, that no viruses or other contaminating or destructive properties will be transmitted or that no damage will occur to your computer system. You have the sole responsibility for adequate protection and back up of data and / or equipment and for undertaking reasonable and appropriate precautions to scan for computer viruses or other destructive properties.
2.5 We make no representations or warranties regarding the accuracy, functionality or performance of any third-party software that may be used in connection with the Site.
2.6 The information, material and content provided in the pages of the Site may be changed at any time without notice. Changes may be made to the Terms at any time without notice by updating this posting. Any revised term shall take effect as of the date when the change is made to the Site. You agree to review the Terms regularly and your continued access to or use of the Site will mean that you agree to all changes.
3. THIRD PARTY CONTENT
3.1 We accept no liability for the content or availability of any linked site which his not operated by us or any link contained in a linked site not operated by us. Links on those sites are provided to you only as a convenience and the inclusion of any link does not imply reliability and we do not necessarily endorse any pages linked to the Site. Accordingly, you should read the terms and conditions of those websites before using them and direct any questions or comments about the linked website’s contents to the relevant website provider.
3.2 You are not entitled (nor will you assist others) to set up links from your own website to the Site (whether by hypertext linking, deep-linking, framing, toggling, or otherwise) without our prior written consent, which we may grant or withhold at our absolute discretion. You are also not entitled to direct link (also known as “Hot Link”) any images or content without our prior written authorisation.
4. USERS & RESTRICTIONS
4.1 You must be at least 18 years of age and a legal resident of Canada.
4.2 You must ensure that the details provided by you on registration or at any time are correct and complete. You must inform us immediately of any changes to the information that you provided.
4.3 You agree not to use this Site or any content contained in it for any illegal or inappropriate activities.
4.4 You are wholly responsible for the use of the Site by any person using your computer / device, and you must ensure that any such person complies with these Terms.
4.5 You will not knowingly transmit any virus or other harmful matter to the Site. You may not use any device, software, or routine to interfere or attempt to interfere with the proper working of the Site nor may you attempt to decipher, de-compile, disassemble, or reverse engineer any of the software comprising or in any way making up the Site or any part of it.
4.6 You understand and agree that this Site in its sole discretion and without prior notice may terminate your access to this Site and to any services offered, and may remove any content you have provided.
5. INTERNET, SECURITY & DATA PROTECTION
5.1 This Site uses secure technology to protect your personal information. Although this Site takes reasonable measures to secure your personal information submitted through this Site, we cannot guarantee that your information will not be intercepted or decrypted by others.
5.2 This Site accepts no responsibility for any security breaches or data interception or decryption except as required by law.
5.3 Messages sent over the Internet cannot be guaranteed to be completely secure as they are subject to possible interception or loss or possible alternation. We are not responsible for any message lost, intercepted, or altered by third parties and will not be liable to you or anyone else for any damages or otherwise in connection with any message sent by you to use or any message sent by us to you over the Internet.
5.4 This Site makes use of cookies. Cookies are files that identify your computer / device to our server. Cookies in themselves do not identify the individual user, just the computer / device used. Many sites do this whenever a user visits their website to track traffic flows. You may prevent the use of cookies by configuring your web browser accordingly, however, please note that this may hinder some of the Site’s functionality.
5.5 We may as a result of your interaction with the Site hold and process personal information obtained about you when you access the Site and use it for making decisions and servicing our relationship with you, for the purposes of fraud prevention and debt collection, to understand your needs, to conduct our business and to provide you with better customer services and products from both Compass Cash and those of selected third parties, to evaluate the effectiveness of our marketing of the Site, and for statistical analysis. We may pass this information to other members of Compass Cash or agents, as permitted by law, so that they may do the same. We will not disclose any such information outside of Compass Cash except for fraud prevention purposes and / or if required / obliged by law or governments or judicial bodies or agencies or to our regulators under proper authority, or under a strict code of secrecy to sub-contractors or persons acting as our agents or where we have your consent or have previously informed you.
5.6 By submitting an application form through this Site, you agree that Compass Cash can contact you from time to time by post, fax, telephone, email, or other electronic means, to tell you about other products and services, offered by us or other carefully selected companies, that we believe would be of interest to you. We may also pass your information to third party financial services companies for the purpose of them telling you about their services or products.
5.7 If we transfer your information to a service provider or agent in another country, we will make sure that the service provider or agent agrees to apply the same levels of protection as we are required to apply to information held and to use your information only for the purpose of providing the service to us.
6. E-SIGN CONSENT
6.1 You agree that submitting your application acts as your electronic signature.
6.2 You confirm that you can access documents electronically, including the ability to view and save PDF files.
7. GOVERNING LAW
7.1 The Terms are governed by and interpreted in accordance with the laws of Canada and the courts of the above jurisdiction will have jurisdiction in respect of any dispute which may arise.
8. INTELLECTUAL PROPERTY, TRADEMARKS & COPYRIGHT
8.1 All copyright, trademarks, and all other intellectual property rights in the Site and its content included in the Site and all software and source codes connected with the Site is owned by or licensed to Compass Cash unless otherwise noted.
8.2 Our logos and all brands and products referred to or detailed in the Site are the trademarks of, or licensed to, Compass Cash. No rights are granted in respect of any of the above trademarks. If you are in doubt whether an item is our trademark or that of any Compass Cash business, please contact us for clarification.
8.3 You may imprint, copy, download, or temporarily store extracts from our Site for your personal information, or when you use our products and services. You may not republish, retransmit, redistribute, or otherwise make such information or pages available to any other party or available on any website, on-line service, or bulletin board of your own or of any other party or make the save available in hard copy or on any other media without our express prior written consent.
9. INDEMNIFICATION
9.1 By using this Site, you agree to indemnify, defend, and hold harmless this Site, its subsidiaries, affiliates, officers, agents, and other partners and employees, from any loss, liability, claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use or attempted use of the Site.
10. PRIVACY
10.1 This Site’s Privacy Policy, which is incorporated herein by reference, is applicable to any data supplied through this Site. The Privacy Policy sets out your rights and this Site’s responsibilities regarding your personal information. This Site will not use your information in any way inconsistent with the purposes and limitations provided in the Privacy Policy. This Site reserves the right, in its sole discretion, to modify the Privacy Policy without prior notice to you. Modifications to the Privacy Policy are effective when posted and your continued use of this Site signifies your acceptance of such modifications.
11. CLASS ACTION WAIVER
11.1 ANY PROCEEDINGS TO RESOLVE, LITIGATE, OR ARBITRATE ANY DISPUTE IN ANY FORUM WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. NEITHER YOU NOR THIS SITE WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR IN ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. NO ARBITRATION OR PROCEEDING WILL BE COMBINED WITH ANOTHER WITHOUT THE PRIOR WRITTEN CONSENT OF ALL PARTIES TO ALL AFFECTED ARBITRATIONS OR PROCEEDINGS.
12. MISCELLANEOUS
12.1 All rights not expressly granted to you are reserved to this Site. The headings used in these Terms are intended for convenience only and shall not affect the construction and interpretation thereof. This Site’s failure to insist upon or enforce strict performance of any provision of the Terms shall not be construed as a waiver of such or any future provision or right. If any provision of these Terms is held to be invalid or unenforceable, such determination shall not affect such provision in any other respect or any other provision of these Terms, which shall remain in full force and effect. These Terms and the Privacy Policy constitute the entire agreement and understand between the parties with respect to the subject matter contained herein and supersedes and replaces any and all prior written or oral agreements related to the subject matter hereof.
For any inquiries, email support@compasscash.ca