XpressPay Terms & Conditions
Please read this Agreement before purchasing a product or service using the XpressPay services (as defined below).
This End User Agreement (“agreement”) is a legal agreement between you (“you” or “your”) and Omnia Direct., including its partners, affiliates, agents or assigns (“XpressPay”, “we”, “us” or “our”).
This agreement sets out the terms and conditions of:
1. Financing services offered by XpressPay using the XpressPay Platform (as defined below), together with merchants (as defined below) (the “XpressPay services”); and
2. Your access to and use of xpresspay.ca which is operated by Omnia Direct including all content, services and products available at or through the website.
1. XpressPay provides an online platform which allows consumers, merchants, and XpressPay to connect at the point of purchase.
2. XpressPay is a service provided by Omnia Direct, which is a division of WFCU Credit Union.
3. You are purchasing the product (as defined below) from the merchant, not XpressPay. Please refer to the merchant for details of any terms or conditions applying to your purchase, including your right to cancellation and a refund.
4. Please refer to your loan agreement with XpressPay, or its affiliates for terms and conditions of your borrowing and repayment.
5. If you have any questions or if you have any complaints, please email us at [email protected] or call 1-888-767-9535.
For the purposes of this agreement, unless stated otherwise, the following words shall have the following meanings:
“XpressPay Platform” shall mean the websites, any microsite of XpressPay within the merchant’s website, the loan system of XpressPay accessed via the sales computers or other browsing computers, including tablets and mobile devices, at the merchant’s premises, and other sales channels which allow the merchant and XpressPay to communicate from time to time, including telephone.
“Intellectual Property Rights” shall mean patents, rights to inventions, copyright and related rights, trade marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part.
“Merchant(s)” shall mean the merchant(s) XpressPay is affiliated with and from which you purchase the Product.
“Product” shall mean the product or service you purchase from the Merchant using the XpressPay services.
2.1. By accessing the websites and/or applying for the XpressPay services, you agree to comply with the terms and conditions of this agreement.
2.2. The terms of this agreement extend to any future updates or supplements to the websites or the XpressPay services, unless they come with separate terms, in which case those terms apply.
2.3. You acknowledge and agree that internet transmissions are never completely private or secure. You understand that any information you provide using the XpressPay platform or the websites may be read or intercepted by others, even if there is a notice that a particular transmission is encrypted.
3. XPRESSPAY SERVICES
3.1. XpressPay shall, subject to the terms and conditions set forth in the agreement, provide you with the XpressPay services.
3.2. To be eligible for the XpressPay services, you must:
a. Be 18 years of age or older
b. You or your direct relative must either live, work or own (be in the process of acquiring) property in Ontario
c. Purchase a $5 Member Share (included in XpressPay administrative fee)
3.3. To apply for the XpressPay services, you must, either alone or assisted by merchant or XpressPay staff, use the XpressPay platform to:
a. Provide personal information for use in conducting credit checks and verifying payment arrangements. Such information may include, but is not limited to, your name, date of birth, address, email address, telephone number, bank details, credit card details and employment information;
b. Provide personal information for use in conducting identity checks, including your driver’s license and/or other details; and
c. Provide all other information, answer all questions, click all buttons, and tick all boxes prompted on the XpressPay
3.4. Where you access the XpressPay platform via telephone, you may be required to send XpressPay copies of your information in 3.3(b).
3.5. By applying for XpressPay services, you authorize XpressPay and its service providers to:
a. Conduct, or arrange for a credit agency to conduct, credit checks from time to time using the personal data you have provided and exchange information with credit reporting agencies;
b. Conduct, or arrange for another agency to conduct, identity and payment verification checks from time to time;
c. Assess your application for the XpressPay services based on the results of the credit, identity, and payment checks;
d. Issue a decision to grant or deny your application for XpressPay services; and
e. Provide the results of the decision to the merchant along with your name and contact information.
3.6. The decision to approve an application for XpressPay services and provide a credit limit is final and at the sole discretion of XpressPay.
3.7. If you are approved, financing will be available to you through a pre-payable, fixed rate instalment loan with a term to be specified in the terms and conditions of your loan agreement. The loans may be issued by XpressPay or other lenders with which XpressPay is partnered, and may be assigned to other lenders. The terms of your loan will be governed by a loan agreement that you agree to, and will be bound by, at the time a transaction is authorized by XpressPay. Any interest on the amount you borrow to finance your purchase will start accruing only once the loan has been issued. Your loan may not be issued or may be cancelled for any reason, including if XpressPay determines not to issue the loan or if you violate this agreement.
3.8. XpressPay shall provide you with a user account (the “Online Portal”) which allows you to access information on the websites regarding your use of the XpressPay services, including payments made and yet to be paid to XpressPay.
4. YOUR OBLIGATIONS
a. Only use the XpressPay services for personal purposes;
b. Treat your user name and password, or any other piece of information used as part of our security procedures, as confidential and do not disclose such information to any third parties;
c. Provide accurate and up-to-date information at all times when using the XpressPay platform and/or the websites;
d. Promptly notify XpressPay of any changes to information in your user account;
e. Comply with all terms and conditions relating to the sale of the product with the merchant; and
f. Comply with all terms and conditions relating to the financing of your product by XpressPay or its affiliates and assigns.
5. REFUNDS AND CANCELLATIONS
5.1. By accepting the final terms of the XpressPay services at any merchant location or website, and by entering into a loan agreement, you are agreeing to repay the loan to XpressPay based on the terms and conditions of your loan agreement, unless the loan is not issued. Once the loan has been issued, you are responsible for making the payments pursuant to your loan agreement.
5.2. Refunds and cancellations are subject to the return and refund policies of merchants. You must contact your merchant directly to request refunds.
5.3. The administrative fee collected by XpressPay is non-refundable.
5.4 The Member Shares will be returned to you upon cancellation.
6. ELECTRONIC SIGNATURE CONSENT
6.1. You agree to receive electronically all disclosures, communications, notices, and other information that XpressPay may send to you or be required to send to you under applicable law or otherwise pursuant to the terms and conditions set forth below
6.2. Scope of Consent. Your XpressPay Electronic Signature Consent applies to any transactions undertaken by you with us, or any of our affiliates, assigns, agents or representatives, including use of the XpressPay services, any communication from us or our representatives or agents to you, including all disclosures, communication, notices, and other information required to be given to you under applicable law, any other information required by law to be provided either before or after your loan is issued, your loan agreement, billing statements, adverse action notices, any updates to your account, in each case, pertaining to any transaction with us or any use of the XpressPay services, whether now or in the future. Your consent will remain in effect from the time you initially apply for the XpressPay services or access the websites until such time as your account with XpressPay is terminated and, once terminated, will continue until such a time as all disclosures relevant to your account have been provided.
6.3. Means of Communication. We may send any disclosures to you via email to the email address that you have provided (or may provide later) to us or via text message to the mobile telephone number that you have provided (or may provide later) to us. We may also post disclosures on your online portal or on the websites. You agree that XpressPay is not responsible for your failure to receive any disclosures sent via text message or email that is not caused by our failure to send the disclosure to the mobile number or email address that you would have provided to us.
6.4. Changes to Your Contact Information. You agree to keep us informed of any changes in your email address or mobile number so that you can continue to receive all disclosures in a timely fashion. If your registered email address, registered address, or mobile number changes, you must notify us of the change by sending an email to [email protected] or call 1-888-767-9535
6.5. Acknowledging Your Ability to Access Disclosure. You agree and acknowledge that you can access, receive and retain all disclosures electronically sent via email or to your mobile number or posted on the websites or online portal.
6.6. Legal Effect. Your XpressPay electronic signature consent means that any disclosures shall have the same meaning as if provided in paper form. Any disclosures or other communication sent to you via email or text message shall be deemed delivered once received on your device. By pressing buttons or ticking boxes entitled “Apply”, “Accept and Checkout”, “Submit”, “Confirm”, “Verify”, “I Agree” or similar buttons and boxes indicating your authorization, you are providing your electronic signature with the same effect as if your signature had been provided on paper. You waive any and all defenses you may have that the XpressPay services, the agreement, the loan agreement, the privacy statement (as defined below) or any disclosures were supplied to you in electronic form or that your signature or agreement to the XpressPay services or to the loan agreement was obtained electronically.
7. INTELLECTUAL PROPERTY RIGHTS
7.1. All intellectual property rights relating to the XpressPay services, the XpressPay platform, the websites and any related services and/or materials provided by XpressPay to you or accessed by you under the agreement shall be owned by XpressPay. All such rights are reserved.
7.2. You may print off one copy, and may download extracts, of webpages from the websites for your personal use. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of such intellectual property rights must always be acknowledged.
8. NO RELIANCE ON INFORMATION
8.1. The content on the websites and other information which is displayed or provided to you when using the XpressPay services is provided for general information only. It is not intended to amount to advice, including financial advice, on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our websites or other information displayed to you when using the XpressPay services.
8.2. Although we make reasonable efforts to update the information on our websites and otherwise provided to you in relation to the XpressPay services, we make no representations, warranties or guarantees, whether express or implied, that the content on our websites or in documents provided to you in relation to the XpressPay services are accurate, complete or up-to-date.
9. NO WARRANTIES
9.1. To the maximum extent permitted by law, the websites and the XpressPay services are provided “as is” and “as available”. While XpressPay endeavors to provide the best service it can, XpressPay hereby disclaims all warranties of any kind, whether express, implied or otherwise, including, without limitation, the warranties of fitness for a particular purpose and non-infringement. XpressPay does not warrant that the websites or the XpressPay services will be complete, accurate, reliable, timely, secure, error free or that access thereto will be continuous or uninterrupted. You understand that you are using the websites and the XpressPay services at your own discretion and risk.
9.2. We do not warrant that the provision of the websites and the XpressPay services complies with the laws of any country apart from Canada.
9.3. The provisions in this clause do not affect your statutory or mandatory rights which cannot be excluded by applicable law.
10. THIRD PARTY SITES
The websites may contain links to other independent third-party websites. Third-party sites are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any). You will need to make your own independent judgement regarding your interaction with any third-party sites, including the purchase and use of any products or services accessible through them.
11. GENERAL REPRESENTATIONS AND WARRANTIES
You represent and warrant that your use of the websites and the XpressPay services will be in strict accordance with the agreement. In particular, you represent and warrant that:
a. You will comply with the agreement at all times;
b. You will provide us and/or the merchant with accurate and up-to-date information (where required);
c. You will not use the websites or the XpressPay services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with the agreement, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the websites or the XpressPay services;
d. You will not infringe our intellectual property rights or those of any third party in relation to your use of the XpressPay services;
e. You will not do any of the following in relation to your use of the XpressPay services:
I. Disclose the name, address, telephone number, e-mail address or any other personal data in respect of any individual without their consent,
II. Mislead or deceive any person, or
III. Impersonate any person, or misrepresent your identity or affiliation with any person;
i. You will not use the websites or the XpressPay services in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
j. You will not collect or harvest any information or data from any content or our systems or attempt to decipher any transmissions to or from the servers running the XpressPay platform
12. LIMITATION OF LIABILITY
12.1. Nothing in this agreement limits or excludes XpressPay’s liability for death or personal injury caused by its negligence, fraud or fraudulent misrepresentation or any other liability than cannot be excluded under law.
12.2. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the websites or the XpressPay services, whether express or implied.
12.3. XpressPay will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
a. Use of, or inability to use, the websites;
b. Use of, or reliance on, any content displayed on the websites;
c. Rejection of your application for the XpressPay services;
d. Any breach by the merchant, including any failure or fault in the product purchased from the merchant, including a failure to deliver or delay in delivery of the product; and
e. Any breach by XpressPay, including failure to make payment to the merchant.
12.4. XpressPay shall not be liable, whether in contract, tort (including negligence), breach of statutory duty or otherwise, for indirect, consequential or special loss, loss of profit, loss sales or business opportunity, loss of agreements or contracts, loss of anticipated savings and loss of or damage to goodwill arising under or in connection with this agreement.
12.5. In addition, XpressPay will not be liable for any loss or damage caused by:
a. A virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the websites or to your downloading of any content on it, or any websites linked to it; and
b. Any failure or delay in providing the websites or the XpressPay services to you due to matters beyond its reasonable control.
13.1. XpressPay may terminate this agreement and suspend your use of or access to all or any part of the websites or the XpressPay services immediately by contacting you at your email address on record if:
a. You commit a breach of the agreement, as determined by us in our discretion, or we suspect that may be the case;
b. XpressPay terminates its loan agreement with you;
c. We consider termination necessary to protect the integrity or security of the systems used by us at any time;
d. You are deemed by us either as unable to pay your debts or as having no reasonable prospect of so doing; or
e. You apply for bankruptcy or become subject of a bankruptcy petition or order.
13.2. On termination of the agreement, all rights granted to you under the agreement shall cease and you must immediately cease all activities authorized by the agreement, including your use of the XpressPay services.
13.3. Any provision of this agreement that expressly or by implication is intended to come into or continue in force on or after termination of this agreement shall remain in full force and effect.
13.4. Termination or expiry of this agreement shall not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination, including the right to claim damages in respect of any breach of the agreement which existed at or before the date of termination or expiry.
14. ENTIRE AGREEMENT
14.1. With the exception of the terms set out in a separate loan agreement between you and XpressPay, this agreement constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
14.2. Nothing in this agreement affects the liabilities, rights and obligations of you and the merchant under the applicable terms between you and the merchant.
If XpressPay fails to insist that you perform any of your obligations under this agreement, or if XpressPay does not enforce its rights against you, or if XpressPay delay in doing so, that will not mean that XpressPay has waived its rights against you and will not mean that you do not have to comply with those obligations. If XpressPay does waive a default by you, it will only do so in writing, and that will not mean that XpressPay will automatically waive any later default by you.
16. ASSIGNMENT AND OTHER DEALINGS
16.1. You may not assign, transfer or deal in any other manner with any or all of your rights under this agreement without the prior written consent of XpressPay.
16.2. XpressPay may at any time assign, transfer or deal in any other manner with any or all of its rights under this agreement, provided that such dealing will not materially affect your rights under this agreement or the obligations owed to you under this agreement.
Each of the paragraphs of this agreement operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
We reserve the right to change the agreement at any time for any reason. Any changes we may make to the agreement in the future will be notified to you by email in advance.
19. THIRD PARTY RIGHTS
This agreement is between you and XpressPay. No other person shall have any rights to enforce any of its terms.
20. GOVERNING LAW AND JURISDICTION
This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of the Province of Ontario and you agree that the courts of the Province of Ontario shall have exclusive jurisdiction over such disputes or claims.