The Credit Cards and Bank Accounts Service is a “Service”, your use of which is subject to the herein Terms of Service (the “Terms of Service” or “Terms”). In addition, these Credit Card and Bank Accounts Terms of Service (the “Connected Bank Accounts Terms“) apply specifically to the connected Credit Cards and Bank Accounts and your use of them.
- THIRD PARTY
Although it is made available through the Site, the Connected Accounts Service is provided by a third party service provider (the “Third Party“). The Third Party requires the information that you provide when you connect accounts through the Connected Accounts Service, including the details of the financial institutions that you deal with and your financial user IDs and passwords, in order to provide the Connected Accounts Service. By providing the requested information and connecting an account, you consent to the disclosure of such information to the Third Party and the use of such information by the Third Party as necessary to provide the Connected Accounts Service. You agree to follow the Third Party’s standard operating procedures, including without limitation security procedures, with respect to your use of the Credit Card and Bank Accounts Service.
- WARRANTY DISCLAIMER
- LIMITATION OF LIABILITY
In no event shall the aggregate liability of HWISEL and the Third Party, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of the Credit Card and Bank Accounts Service exceed any compensation paid by you for access to or use of the Credit Card and Bank Accounts Service during the three months prior to the date of any claim.
- THREATENING CONDITIONS
If the Third Party reasonably believes that the Credit Card and Bank Accounts Service, or your conduct or that of any User in using the Credit Card and Bank Accounts Service (including without limitation a User intentionally initiating fraudulent or unauthorized access or payments, or violating any agreement under which it has been provided access to the Credit Card and Bank Accounts Service), violates any applicable laws, rules, regulations or industry standards, or otherwise poses a threat to the Third Party, or to any of the systems, security, equipment, processes, intellectual property or reputation of HWISEL, the Third Party, or the Third Party’s Technician (a “Threatening Condition”), the Third Party will provide HWISEL with notice of the Threatening Condition, and HWISEL and the Third Party will use reasonable efforts to cure or cause the correction of the Threatening Condition. If, in the reasonable and good faith determination of the Third Party, an imminent or actual Threatening Condition exists, the Third Party may suspend any and all use of the Credit Card and Bank Accounts Service or the applicable portion thereof until such Threatening Condition is cured. The Third Party may terminate your use of the Credit Card and Bank Accounts Service without further requirement of notice if the Threatening Condition remains uncured more than thirty (30) calendar days after the Third Party notifies HWISEL of the Threatening Condition.
- ACH / PRE-AUTHORIZED PAYMENT
By providing HWISEL with your banking information you are entering into a PAD Agreement with HWISEL. You are granting HWISEL the authority to debit your bank account, as provided by you to HWISEL, the amount of your Charges and any recurring Charges for Extra(s) products selected by You. You are furthermore agreeing that this PAD Agreement is personal and shall remain in effect, subject to your right of cancellation or upon making other acceptable payment arrangements to HWISEL, for the duration of this Agreement. Cancellation of your PAD Agreement will require that you provide HWISEL with written notice of not less than fifteen (15) days to be faxed, mailed, or emailed, to HWISEL. Forms may be found at www.cdnpay.ca.
You have certain recourse rights if any debit does not comply with this Agreement. For example, you have the right to receive reimbursement for any debit that is not authorized or is not consistent with this PAD Agreement. To obtain more information on your recourse rights, you may contact your financial institution or visit www.cdnpay.ca.
In the event that you elect to terminate your PAD Agreement, HWISEL will require credit card debit information. By entering into this PAD Agreement you are hereby waiving any pre- notification requirement of the amount of the PAD or before a debit is processed and furthermore agree that termination by you of the PAD Agreement shall in no event effect the obligations arising under your use of the Service and your continuing obligations to ensure that any Charges are made when due. It is your responsibility to ensure that any changes to your account information are provided to HWISEL immediately.