(November 25, 2019)
A) ONTAB INC.
ONTAB Inc. means ONTAB Inc., also referred to as “ONTAB”, “Us”, “We”, “Our”, as well as the website “ONTAB.services”, and its affiliates who provide online payment solutions and other technology based products and services (the “ Services ”).
B) USE OF WEBSITE
ONTAB Inc. is not responsible in any manner for direct, indirect, special or consequential damages, however caused, arising out of your use of this Website and/or any web browser, including any damages you may suffer if you transmit confidential or sensitive information to us or if we communicate such information to you at your request over the Internet.
C) THIRD PARTY WEBSITES AND SOCIAL MEDIA WEBSITES
ONTAB Inc. is not responsible in any manner for direct, indirect, special or consequential damages, however caused, arising out of your use of links to other websites or social media platforms from this Website. The links are for convenience only. No endorsement of any third-party products, services or information is expressed or implied by any information, material or content referred to or included in, or linked from or to this Website.
D) TRADE-MARKS AND COPYRIGHTS
Copyright in the content of this site and the ONTAB mobile application is owned by ONTAB Inc.
unless otherwise indicated. All rights reserved. The ONTAB Services are owned and operated by ONTAB and/or third party licensors. The visual interfaces, graphics, design, compilation, information, computer code (including source code and object code), products, software, services, and all other elements of the ONTAB Services provided by ONTAB (the “Materials”) are protected by Canadian and U.S. copyright, trade secret, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws.
All Materials, trademarks, service marks, and trade names contained on the ONTAB Services are the property of ONTAB and/or third party licensors or suppliers. Users of the Website or Services agree not to remove, obscure, or alter ONTAB; or any third party’s copyright, patent, trade-mark, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the ONTAB Services. Except as expressly authorized by us, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. We reserve all rights not expressly granted in this Agreement. Users of the ONTAB Website pages (the “Content”) shall only be entitled to copy the Content for personal use.
Any duplication, reproduction, replication of the Content, in its entirety or any substantial part of it, is strictly prohibited. This includes, but is not limited to; uploading, downloading and accessing the Content on to the Internet or any other local or international computer system, without the prior written permission of ONTAB. Any such unauthorized use constitutes copyright infringement. An acknowledgement of the source must be included whenever ONTAB material is copied or published. Any infringement of ONTAB rights will result in appropriate legal action.
E) EMAIL AND NOTIFICATIONS DISCLAIMER
All email communication including messages and any attachments are proprietary and confidential information intended only for the use of the recipient(s) named above. If you are not the intended recipient, you may not print, distribute, or copy this message or any attachments. If you have received any communication in error, please notify the sender by return e-mail and delete the message and any attachments from your computer.
ONTAB does not send emails for promotional or marketing purposes unless with the consent of the recipient and in accordance with local Anti-Spam Legislation, unless
(i) As a means to contact the user
(ii) Verify user identity
(iii) Reset access credentials
(iv) provide account related information, notices and announcements as a direct response to customer requests
(v) provide a confirmation of user initiated transactions
(vi) for any other purposes included in “ Terms and Conditions ” and not covered by legislation.
Information provided by ONTAB and other sources on this Website is believed to be accurate and reliable when placed on this site. While all measures are taken to verify its contents, we cannot guarantee it is accurate or complete or current at all times. Information on this site is for information purposes only and is not intended to provide financial, legal accounting or tax advice and should not be relied upon in that regard.
TERMS & CONDITIONS (END USER)
The effective date of this Agreement is when you accept this Agreement by checking the “I Agree” box and each time you access the ONTAB product.
The ONTAB Services must have only one registered user per account. These Services are not available to persons under the age of 16, or to anyone previously suspended or removed from the ONTAB Services by ONTAB. ONTAB RESERVES THE RIGHT TO SUSPEND OR REMOVE A PERSON FROM USING THE ONTAB SERVICES THAT DOES NOT COMPLY WITH THE TERMS OF THIS AGREEMENT OR FOR ANY OTHER REASON WHATSOEVER.
By checking the “I Agree” box, and subsequently, each time you access, browse, download or use the ONTAB Services, you represent that you are an individual of at least 16 years of age and have not been previously suspended or removed from the ONTAB Services.
The User is ultimately responsible for the sole use and protection of their devices, and credentials cannot be used or shared by other users. If the user knowingly provides their access credentials to a third party, ONTAB may deny any claims arising from third party misuse.
ONTAB utilises usernames, passwords, biometrics, or a combination thereof, and/or other credentials, as a means of verifying the user’s authenticity for allowing exclusive access to various platforms.
A user may only have one account at only given time.
Although ONTAB provides Service Level Agreements; payment processing times may vary from time to time, dependant on external factors such as local bank holidays or internal factors such as precautionary holds or system errors. ONTAB will strive to inform the user of the situation as soon as possible but will not be held liable for any losses incurred due to such delays.
An ONTAB account is not a Deposit Account and may not insured by any National, International or local deposit insurance program. You agree that we may keep any benefits provided by a financial institution that holds these funds.
Funds directed to ONTAB are not held by ONTAB and therefore not eligible for interest payment regardless of payment processing times, issues or delays.
As part of ONTAB’s onboarding, we will require to verify your information and run it through certain checks such as International Sanctions listing as required by law.
ONTAB is committed to obtaining your consent whenever possible, however we are not required to inform you of any regulatory checks or account monitoring either by our Compliance team or regulatory authorities.
Transfer Limits: Certain daily and monthly limits apply to transfers. Please see Schedules I and II attached*
Authorisations for Transfers: ONTAB employs a 2 step process for the authorisation of funds transfer.
Pending Funds and Pending Transactions: ONTAB reserves the right to delay transfers either for internal controls, such as fraud management, or due to factors not under its control, such as bank holidays.
Sending funds to someone not registered with ONTAB: If you send funds to someone not registered with ONTAB, they have 48 hours to create an initial account on ONTAB. They will be provided additional time to complete registration and provide KYC before obtaining the funds. Once registered, the following Terms & Conditions will apply to them.
Reversal of Transfers: ONTAB cannot take responsibility for disputes between two parties, and does not get involved. However, once a transfer is initiated, the sending party can initiate a reversal of funds only if the receiving party has not logged in and claimed transfer. Any subsequent reversal requests must be initiated by the receiving party.
Please see Schedules I and II attached.
If you suspect illegal or unauthorised access to your account credentials through ONTAB, contact ONTAB Support immediately to have your account suspended.
IN THE EVENT OF A LOSS, THEFT OR UNAUTHORIZED DISCLOSURE OF YOUR ONTAB USERNAME, PIN, PASSWORD, OR ANY ACCOUNT NUMBER (IF APPLICABLE), THERE IS A RISK YOU COULD LOSE ALL THE MONEY IN YOUR ONTAB ACCOUNT, AS WELL AS MONEY IN YOUR BANK ACCOUNT IF YOU DO NOT CONTACT US IMMEDIATELY. YOU AGREE TO ACCEPT THIS RISK.
ONTAB does not get involved with, or arbitrate in disputes between two or more users. Once funds are submitted, they cannot be reversed. However, if reasonable evidence is provided that a transfer was not user initiated, or conducted fraudulently, ONTAB will attempt to reverse the specific transactions, on the condition that the funds are still available.
ONTAB always seeks to resolve customer complaints and issues as quickly and effectively as possible. Users can file a complaint by writing to:
ONTAB is a proprietary platform that works independently of 3rd Party social media platforms such as Facebook, Twitter, and such. ONTAB has no formal agreement with these platforms and therefore cannot be held liable for privacy breaches, loss of data, loss of access credentials, damages or other losses incurred directly as a result of use of these 3rd party platforms.
ONTAB is exclusively an independent contractor and is not your agent or partner.
You agree that we, at our sole discretion, for an or no reason, and without penalty, may suspend or terminate your ONTAB Account (or any part thereof) or your use of the ONTAB Services. We may also at our sole discretion and at any time, discontinue providing access to the ONTAB Services, or any part thereof, with or without notice. You agree that any termination of your access to the ONTAB Services or any ONTAB Account you may have may be effected without prior notice, and you agree that we will not be liable to you or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies we may have at law or in equity. Upon termination for any reason, you agree to immediately stop using the ONTAB Services and to uninstall and/or destroy all copies of the ONTAB Application, and any accompanying documentation, and all other associated materials.
If your ONTAB Account is terminated as described above, or dormant, we may close your ONTAB Account and you must immediately repay any amount that is more than the balance of your ONTAB account, plus any applicable fees. If there is a balance owed to you by ONTAB, we will send the balance by cheque or electronic transfer to the most recent address or bank account information associated with your ONTAB account.
You may terminate this Agreement at any time by sending an email request or in app notification, uninstalling all copies of the ONTAB Application on your computer and/or Device, destroying all copies of the ONTAB software in your possession, discontinuing use of any and all parts of the ONTAB Services, and destroying any ONTAB-branded physical payment instrument that may be issued to you.
The ONTAB Services are owned and operated by ONTAB and /or third party licensors. The visual interfaces, graphics, design, compilation, information, computer code (including source code and object code), products, software, services, and all other elements of the ONTAB Services provided by ONTAB (the “Materials”) are protected by Canadian copyright, trade secret, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. As between you and ONTAB, all Materials, trade-marks, service marks, and trade names contained on the ONTAB Services are the property of
You agree to indemnify, save, and hold ONTAB and its affiliates and their respective directors, officers, subcontractors, employees, agents, third party suppliers, licensors, and partners harmless from any and all claims, losses, damages, and liabilities, costs and expenses, including without limitation legal fees and expenses, arising out of or related to your use or misuse of the ONTAB Services, any violation by you of this Agreement, or any breach of the representations, warranties, and covenants made by you herein. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, including rights to settle, and you agree to cooperate with our defense and settlement of these claims. We will use reasonable efforts to notify you of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it.
(a) In addition to the other limitations on liability set out in this Agreement, we will not be liable, for a failure to complete a transfer due to the following:
(b) We are not responsible for the actions or omissions of the persons to whom you Send a Transfer, or from whom you receive a Transfer, and you hereby agree to release us from, not to make, and irrevocably waive any right you otherwise might have to make, any claim in connection with such actions or omissions.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ONTAB AND ITS AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, AGENTS, PARTNERS, LICENSORS, SUBCONTRACTORS AND SUPPLIERS, DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE ONTAB SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
YOU EXPRESSLY AGREE THAT USE OF THE ONTAB SERVICES IS AT YOUR SOLE RISK. THE ONTAB SERVICES AND ANY DATA, INFORMATION, THIRD PARTY SOFTWARE, REFERENCE SITES, SERVICES, OR SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE ONTAB SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE”,”WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES, REPRESENTATIONS OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. ONTAB, AND ITS THIRD PARTY SUPPLIERS, LICENSORS, AND PARTNERS DO NOT WARRANT THAT THE DATA, ONTAB SOFTWARE, FUNCTIONS, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE ONTAB SERVICES OR ANY REFERENCE SITES WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
ONTAB AND ITS THIRD PARTY SUPPLIERS, LICENSORS, AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE ONTAB SERVICES OR ANY REFERENCE IN TERMS OF CORRECTIONS, ACCURACY, RELIABILITY, OR OTHERWISE.
YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, OR DATA THROUGH THE ONTAB SERVICES (INCLUDING RSS FEEDS) OR ANY REFERENCE SITES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM AND DEVICE) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.
IN NO EVENT WILL ONTAB, ITS AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, CONTRACTORS, AGENTS, LICENSORS, PARTNERS, OR SUPPLIERS, BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, (INCLUDING WITHOUT LIMITATION LOST BUSINESS OPPORTUNITIES, LOST REVENUES, OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO: (I) THIS AGREEMENT, (II) THE ONTAB SERVICES OR ANY REFERENCE SITE, (III) YOUR USE OR INABILITY TO USE THE ONTAB SERVICES (INCLUDING WITHOUT LIMITATION ANY AND ALL MATERIALS) OR ANY REFERENCE SITES, OR (IV) ANY OTHER INTERACTIONS WITH ANOTHER ONTAB USER IN CONNECTION WITH THE ONTAB SERVICES, EVEN IF ONTAB OR AN ONTAB AUTHORISED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL ONTAB ITS AFFILIATES’ AND ANY OF THEIR RESPECTIVE DIRECTORS’, OFFICERS’, EMPLOYEES’, CONTRACTORS’, AGENTS’, PARTNERS’, LICENSORS’ AND SUPPLIERS’ MAXIMUM CUMULATIVE LIABILITY TO YOU FOR ALL DAMAGES, LIABILITIES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO (I) THIS AGREEMENT, (II) THE ONTAB SERVICES III) YOUR USE OR INABILITY TO USE THE ONTAB SERVICES (INCLUDING ANY AND ALL MATERIALS) OR ANY REFERENCE SITES, OR (IV) ANY OTHER INTERACTIONS WITH ONTAB OR ANOTHER ONTAB USER, HOWEVER CAUSED AND WHETHER ARISING IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), WARRANTY OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR USING THE PORTION OF THE ONTAB SERVICES GIVING RISE TO THE CAUSE OF ACTION OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.
YOU ACKNOWLEDGE AND AGREE THAT ONTAB HAS OFFERED ITS PRODUCTS AND SERVICES, SET ITS PRICES, AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND ONTAB, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND ONTAB. ONTAB WOULD NOT BE ABLE TO PROVIDE THE ONTAB SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
We reserve the right to change, modify, add, or remove portions of this Agreement (each, a “change”) at any time by posting notification to the ONTAB website, www.ontab.services or otherwise communicating the notification to you pursuant to Section 31. The changes will become effective, and shall be deemed accepted by you, upon your first access to, or browsing, downloading or use of the ONTAB Services subsequent to such notification. If you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of the ONTAB Services.
Any questions regarding support for the ONTAB services should be directed to email@example.com.
We may provide you with notices and communications by email, regular mail or postings on the ONTAB website, platform, or by any other reasonable means. You hereby consent to the exchange of information and documents between us electronically over the Internet at this website or any successor website (the “Website“) or the platform or any successor platform (“Platform”), or by email. This electronic Agreement shall be the equivalent of a written paper agreement between you and us.
ONTAB adheres strictly to the principles of CASL or other local anti spam legislation, and will not send emails or notices unless consent is obtained prior. This consent may be withdrawn at any time. This does not apply to emails sent in response to user support enquiries, or certain important notices, such as for the purpose of user security.
We may provide you with notices and communications by email, regular mail or postings on the ONTAB application, the website www.ontab.com or by any other reasonable means. You hereby consent to the exchange of information and documents between us electronically over the Internet at this website or any successor website (the ” Website “), or by email. This electronic Agreement shall be the equivalent of a written paper agreement between you and us.
By consenting to receive information and documents electronically at this Website and via e-mail, we may send you the following information and documents electronically (collectively the ” Electronic Documents “):
Electronic Documents shall be deemed received by you when they are posted on this Website or received by your internet service provider’s mail server, even if you have not retrieved your email. You acknowledge your receipt, review, understanding and acceptance of the Electronic Documents by your use of the ONTAB Services.
You can request not to receive the Electronic Documents by contacting us by email at firstname.lastname@example.org. Your request will be effective upon receipt by us.
The failure of ONTAB to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. Any waiver of any provision of this Agreement will be effective only if in writing and signed by ONTAB.
This Agreement shall be governed by and construed in accordance with the laws of Ontario and the laws of Canada applicable therein. Any and all disputes arising under this Registration Rights Agreement, whether as to interpretation, performance or otherwise, shall be subject to the exclusive jurisdiction of the courts of the Province of Ontario and each of the parties hereto hereby irrevocably attorns to the jurisdiction of the courts of such province.
If any dispute arises between the Parties relating to the application, interpretation, implementation or validity of this agreement, the Parties agree to resolve the dispute by arbitration using the Canadian Arbitration Association Expedited Arbitration Rules. The parties agree that the Canadian Arbitration Association Expedited Arbitration Rules give the parties a fair opportunity to present their case and respond to the case of the other side. The arbitration shall be held in Toronto and shall proceed in accordance with the provisions of the Arbitration Act Ontario. Judgement upon the award rendered by the arbitrator may be entered in any court having jurisdiction.
If any provision of this Agreement is held to be unlawful, void, invalid or otherwise unenforceable, then that provision will be limited or eliminated from this Agreement to the minimum extent required, and the remaining provisions will remain valid and enforceable.
This Agreement and any rights granted hereunder may not be transferred or assigned by you without our prior written consent which may be withheld in its sole discretion, but may be assigned by us without restriction. Any assignment attempted to be made in violation of this provision shall be void and of no effect.
Upon termination or expiry of this Agreement, any provision which, by its nature or express terms should survive, will survive such termination or expiration as applied to Transfers and the relationship prior to such termination or expiration
This Agreement is the entire agreement between you and ONTAB relating to the subject matter hereof and will not be modified except in writing, signed by both parties or by ONTAB in accordance to
ATTN: LEGAL AND COMPLIANCE
General Inquiries: email@example.com