“Applicable Laws” means any law, rule, statute, regulation, by-law, order, ordinance, protocol, code, guideline, treaty, policy, notice, direction or judicial, arbitral, administrative, ministerial or departmental judgment, award, decree, treaty, directive, or other requirement or guideline, including published or in force at any time during the term of the Agreement which applies to or is otherwise intended to govern or regulate any person (including either or both parties), property, transaction, activity, event or other matter (including the Services), including any rule, order, judgment, directive or other requirement or guideline issued by any exchange on which any transactions through the Services are effected or by any Governmental or Regulatory Authority, including federal, territorial and provincial securities, derivatives or commodities laws, and the regulations, rules and interpretations of Securities Commissions.
“Business Day” means any day excluding Saturday, Sunday and any day on which banking institutions located in Calgary, Alberta, Canada are closed.
“Customer” has the meaning set out in the Agreement.
“Governmental or Regulatory Authority” ” means: (i) any government, governmental department, agency, commission, board, tribunal, dispute settlement panel or body, bureau, official, minister, Crown corporation, Securities Commission, or court or other law, rule or regulation-making entity; and (ii) any regulatory authority, self-regulatory organization or other entity having or purporting to have jurisdiction over Customer, Olympia or any person, property, transaction, activity, event or other matter related to this Agreement.
“Licensor IP” is defined in Section 6.0;
“Olympia” has the meaning set out in the body of the Agreement.
“Personal Information” means personal information about an identifiable individual but excludes business contact information or anonymized data.
“Services” means Olympia’s PayFX.com – Cash Delivery for foreign currency banknotes;
The Customer may access the Services to enter an order for foreign currency banknotes and any other services introduced from time to time. The Service is for personal or business travellers, and should not be used for speculation or investment purposes. The Customer’s eligibility for particular services is subject to our final determination and acceptance and any applicable laws.
Your Account. The Customer is responsible for maintaining the confidentiality of the account information, including all user passwords and logins. The Customer is responsible for all uses of the account. The Customer agrees to immediately notify us of any unauthorized use of the account. The Customer represents and warrants that they have the authority to enter into this Agreement, they are aged 18 years or over, resident in and accessing the Service from Canada. The Service may only be used to order foreign currency banknotes for personal or business travel and not for speculative, investment or any other purposes.
Limits on the Service. The Service is only available for the currencies listed from time to time on the online ordering screen. All orders are subject to a minimum value of CAD $500.00 and a maximum value of CAD $9,000.00 per order. The availability of the Service may also be subject to further monetary limits and currency exchange restrictions or applicable law or regulation. The Customer must comply with all applicable laws and regulations, including those relating to anti-money laundering regulations.
The Customer may place an Order by logging on and entering all required Order Information into the Online FX Software. Once all Order Information is entered into the Online FX Software in accordance with the foregoing, the Customer may release the placement of such Order and make the required payment for such Order using a valid Interac Online account by following the steps in the Online FX Software.
Olympia may at any time in its sole discretion request additional information or any documentation, accept or reject any of the Orders placed by the Customer, or suspend or cancel any Services generally.
Once the order has been received by Olympia, the Customer agrees that any error in the order information provided by the Customer is the sole responsibility and liability of the Customer and that acceptance of the order will be determined solely on the information provided.
Although under no obligation to cancel or amend an Order, Olympia may do so as an accommodation to the Customer, upon receipt of a written request from the Customer and in the form required by Olympia, and provided that: (a) Olympia shall not be liable under any circumstances if such request is not met; and (b) Olympia receives the request at a time and in a manner affording Olympia a reasonable opportunity to act on the request before fulfilling the Order. The Customer agrees to fully indemnify, defend and hold Olympia completely harmless from and against all claims, demands, costs, expenses and liabilities arising out of an Order cancellation or amendment request.
Delivery. Olympia uses a delivery agent to ensure the order is delivered in the most efficient way. All home/work delivery orders are sent by Purolator (or other designated carrier). Please note that delivery times may vary but orders are expected to arrive within 48 hours of delivery from order confirmation. A telephone number is required for home/ work delivery and our representative may contact the Customer to verify your phone number.
Delivery Problems.If the Customer fails to accept delivery for any reason and wish the order to be re-delivered it will be the responsibility of the Customer to pay any additional delivery charges. If the Customer does not receive the order by the specified delivery date or the order is received and it is incorrect because of a fault on Olympia’s part, the Customer must notify Olympia of the non-delivery or error and Olympia will resend the order or correct the error by delivering a replacement order.
Olympia does not accept responsibility for delivery to the wrong person, where delivery is made to the permitted address provided by you in the order information. Any losses resulting from the signed delivery shall be the responsibility of the Customer.
Charges. The charges for delivering your order will appear in the online quote. The total sum payable by the Customer (except for any charges levied by your bank) will be shown on the ordering screen. The Customer can pay for orders on PayFX.com using Interac Online. Any delivery charges are non-refundable.
Intellectual Property. We and our third-party licensors own any and all any intellectual property rights and all right, title and interest in and to the Services, our trademarks, any software, modules, updates, upgrades, supplements, new features, any documentation supplied by us (collectively the “Licensor IP”). Licensor IP is protected by Canadian, US and international copyrights. All inventions, discoveries, improvements, software, copyright, know-how or other intellectual property, whether or not protected by patent or copyright, created prior to or during this Agreement pertaining to Licensor IP, are and will remain our sole and absolute property.
Restrictions. The Customer shall not, and shall not authorize any third party to. (a) make unauthorized copies of Licensor IP; (b) modify, decompile, disassemble, translate into another computer language, create derivative works, access the source code, hack, decrypt, rename files, or otherwise reverse engineer Licensor IP; (c) incorporate any portion of Licensor IP into any products which will be sold, licensed or transferred to a third party; (d) use Licensor IP in connection with a computer based service business for others, or display the visual output of Licensor IP for others; (e) distribute, sell, lease, transfer, assign, trade, rent, lease or lend Licensor IP or publish, license, sublicense or cross-license Licensor IP or any part thereof and/ or copies thereof to others; (f) use Licensor IP or any part thereof in violation of any law or regulation, or for any purpose other than as expressly permitted in this Agreement; (g) distribute screen shots, or disclose to a third party the results of any benchmark test of Licensor IP without our written approval.
WARRANTY. We warrant that the Services will be provided to you in a professional manner in accordance with all applicable laws, subject to the terms of this Agreement.
DISCLAIMER. Other than the foregoing, the Services are provided “AS IS” without additional warranties, conditions or representations of any kind, and we expressly disclaim, to the fullest extent permitted by applicable law, any warranty or condition, express or implied, statutory or otherwise, whether arising from trade or course of dealing, including, without limitation, any warranty that the Services (i) shall correspond with a particular description, (ii) are fit for your particular purpose, (iii) do not and will not infringe any patent, trademark, trade-secret or other intellectual property or other proprietary rights of any third party, (iv) are bug or error free, or (v) are accessible through all devices or browsers. We make no representations or warranties with respect to third-party software, hardware, service providers. The information, materials, products and services contained on our site are subject to change from time to time without notice. Not all products and services are available in all geographic areas. Any dated information is published as of the published date only, and we do not undertake or assume any obligation or responsibility to update or amend any such information. Furthermore, by offering Services via our site, no solicitation is made for any person to use such information, products or services in jurisdictions where the provision of such information, products or services is prohibited by law.
ALLOCATION OF RISK. We shall not be liable for any monetary damages whatsoever with respect to your use of the Licensor IP or the Services hereunder, nor shall we be liable for any indirect, incidental, consequential, special, punitive or exemplary damages arising out of this Agreement, even if advised of the possibility of such damages. The entire risk as to the results and performance of the Services is assumed by you and you agrees to adopt reasonable measures to review and confirm results prior to use.
LIMITATION OF LIABILITY. Our total liability, whether under the express or implied terms of this Agreement, in tort (including negligence or other duty of care) or at common law, for any loss or damage suffered by you or third parties, whether direct, indirect or special, or any other similar damage that may arise or does arise from the Services or any breach of this Agreement by us, shall in no event exceed the purchase price of the specific Foreign Currency Banknote order giving rise to the damage, claim or complaint.
TERM & TERMINATION
The Customer may terminate access to the Services at any time by ceasing the use of the Services.
Service Suspension. If the Customer defaults in payment of any fees, access to the Services may be suspended and we will require the Customer to pay all outstanding fees (plus interest if applicable and any other outstanding amounts) before reinstating your access to Services.
GOVERNING LAW & DISPUTES
Governing Law & Disputes. This Agreement is governed by the laws of the Province of Alberta, without regard to its conflict of laws rules. Both parties agree that by entering into this Agreement they have attorned to the exclusive jurisdiction of the courts in the Province of Alberta for the resolution of any disputes related to this Agreement.
Assignment. The Customer will not assign, transfer, encumber or otherwise dispose of any or all of the rights granted to you under this Agreement without our prior written consent. We may assign this Agreement to a third-party upon written notice to the Customer. Subject to the limitations in this Agreement, this Agreement operates for the benefit of and is binding on the parties and their respective successors and permitted assigns.
Survival. All terms which require performance by the parties after the expiry or termination of this Agreement, will remain in force despite this Agreement’s expiry or termination for any reason. The following terms shall survive termination: Sections 6.0, 9.0 and 11.0.
Language. It is the express will of the parties that this Agreement and all related documents be drawn up in English. Part or all of any section that is indefinite, invalid, illegal or otherwise voidable or unenforceable may be severed and the balance of this Agreement will continue in full force and effect.
Entire Agreement. This Agreement set out the entire understanding between the parties related to the Services.
Changes. On release of any upgrade, new release or material change in the Services, we reserve the right to modify this Agreement and to impose new or additional terms or conditions on your use of the Services. The then-current terms (including any modifications and additional terms and conditions if applicable) will be presented to you and will be effective immediately upon your acceptance of the terms and continued use of the Services.
Electronic Acceptance. This Agreement may be agreed to by written or electronic acceptance.
Contact. If you have questions about these terms or wish to contact us for any reason, please contact us at 1-888-937-0702 or by emailing us at firstname.lastname@example.org