Terms of Use

These terms of use (these “Terms”) apply to both your access to, and your use of, this website www.konek.ca (“This Site”) related to the KONEK offering and services to be provided by Interac Corp. (collectively, “we” or “us”). By using This Site, including any content made available through This Site, you accept and agree to be bound by these Terms and all applicable laws and regulations.

Please read these Terms carefully as they contain important information regarding your legal rights, remedies and obligations, including, but not limited to, various limitations, exclusions and indemnities.

Unless we expressly disclaim any of these Terms in writing, your use of This Site and any Content we provide will always be subject to these Terms.

If you are not willing to comply with every provision of these Terms, you may not use This Site (which includes any materials, content or services made available through it).

1. Changes to These Terms

a. How changes happen—We may change or add to these Terms at any time without notifying you, but we will use reasonable efforts to publish each amendment before it becomes effective.  We will ensure that the latest version of these Terms are published on, or linked through, This Site.  You are responsible for regularly reviewing This Site to obtain timely notice of any additional terms that may apply.

b.  How to reject changes—If any amendment is unacceptable to you, you may terminate your agreement to these Terms by ceasing your use of This Site or any content or materials you have obtained through This Site.

c. Your use of changed Terms—If you continue to use This Site after the effective date of an amendment, you will be deemed to have accepted the amended version of these Terms.

2. Your Use of This Site is Licensed by Us, and is Subject to These Terms

a. Our license to you—Subject to these Terms, we grant you permission to access This Site through a personal, non-exclusive, non-transferable, limited license to use This Site for transitory, non-commercial purposes, provided that with respect to any materials obtained from This Site, you may not do any of the following without our prior written consent:

(i) modify, copy, reproduce or create derivative works of such materials (except as explicitly provided in connection with those materials through This Site);

(ii) use the materials for any commercial purpose;

(iii) publicly display, publish or perform the materials (for any purpose, commercial or non-commercial); or

(iv) remove any copyright or other proprietary notations.

b. We maintain our rights—All rights not expressly granted to you are reserved by us and, if applicable, our licensors.

3. Personal Information

a. Contact Information – If you request more information about KONEK through This Site, we will use your contact information to respond to your request. You should only provide business contact information, where possible. We will not use your contact information for any other purpose, or share it with any third party, except where required by applicable law. If you are located in Quebec, your contact information may be communicated outside Quebec.

b. No Other Personal Information will be provided—Except for your contact information (as described above), you will not provide or submit any Personal Information about yourself in your use of This Site and This Site shall not collect Personal Information from you. You also shall not provide any Personal Information about any third party in your use of This Site. “Personal Information” includes any information that is about an individual, including where there is a serious possibility that an individual could be identified through the use of that information, alone or in combination with other information.

c. Cookies and other tracking technologies. This site also uses certain essential and functional first-party cookies, which will collect certain information about the device that you use to access the site.  We do not use cookies for the purposes of profiling or targeted advertising.  The site also uses Google Tag Manager to quickly update tags on our Sites, in order to facilitate the installation of Google Analytics, Floodlight, and other third-party cookies.

d. Your rights. If we hold any Personal Information about you, you may access or rectify your information, withdraw your consent to the use or communication of your information, or contact our Privacy Office at [email protected] if you have questions about our collection of your information.

4. Your Eligibility to Use This Site and its Content

a. You must be legally allowed to use This Site—This Site is intended solely for users who are of the legal age of majority and who reside in a jurisdiction where the content of This Site is legally permissible. Any use of This Site by anyone who does not meet those criteria is unauthorized, unlicensed, and will be deemed in violation of these Terms.

b. What we may do—In our sole discretion, with or without notice to you, we may take actions to protect against such violations, including deleting or blocking content, or otherwise prohibiting you from using This Site.

c. Whether we do something or not, we have other rights—Regardless of whether we take action, it does not in any way waive any other legal right or remedy we may have against you.

5. Rights related to Our Content

a. What “Content” means—In these Terms, “Content” means all materials and content available on or through This Site. This includes designs, editorial, text, graphics, audiovisual materials, multimedia elements, photographs, videos, music, sound recordings, reports, documents, software, information, formulae, patterns, data and any other work.  In terms of Our Content, this also includes source code, processes, designs, technologies, URLs, domain names, trademarks and logos forming any part of This Site.

b. You have no rights in our Content—Except where expressly stated otherwise, all right, title and interest in and to This Site and all Content (“Our Content”) fully belongs to us. Our Content is protected by applicable copyright, trademark, patent, trade secret or other proprietary rights or intellectual property laws and is licensed subject fully to these Terms. You may not use, export or re-export Our Content or any copy or adaptation thereof in violation of any applicable laws or regulations, including export laws and regulations of Canada in force from time to time.

c. We may take action if we receive complaints—If we receive a complaint relating to your use of This Site, we may, in our sole and absolute discretion and without notice or liability, investigate the complaint and take any action that is permitted by applicable law or these Terms.  Nothing we do (or fail to do) waives or limits any rights or remedies that we have.

6. Intellectual Property Notices and Complaints

a. Copyright Notice—This Site and all Content is owned and copyrighted by us and our licensors and is licensed to you in accordance with these Terms only.  All rights are reserved.

b. Trademark Notice—The trademarks, logos, and service marks displayed on or through This Site, whether registered or unregistered, are the property of us, our licensors or other third parties. You are not permitted to use trademarks, logos and service marks for any purpose without our prior, written consent.

c. No use of trademarks implies any endorsement, sponsorship or affiliation—Except as expressly indicated on This Site, no endorsement, sponsorship, affiliation or other authorization is implied by any use of third-party trademarks.

7. Acceptable Use of This Site, and Prohibitions

a. Proper conduct (things you must do)—Without limiting anything else contained in these Terms, you must ensure that (i) you only use This Site for lawful purposes, and (ii) if at any time you become aware of any violation of these Terms, by any person or entity under your control, you will immediately notify us and provide us with assistance, as requested, to stop or remedy such violation.

b. Prohibited conduct (things you must not do)—Without limiting anything else contained in these Terms, you must not, in connection with This Site, directly or indirectly post, upload, reproduce, facilitate, distribute or otherwise transmit any Content or take any action that:

(i)             violates any applicable law, statute, order or regulation;

(ii) gives rise to civil liability;

(iii) is obscene, hateful, inappropriate or objectionable, even if the material or its dissemination is lawful;

(iv) constitutes defamation, harassment, stalking or abuse or abuse of any conduct that violates the legal rights of others;

(v) advocates or encourages violence, abuse, hate or discrimination against a person or group based on age, creed, sex, sexual orientation, gender, gender identity, gender expression, family status, marital status, disability, race, ancestry, place or origin, ethnic origin, citizenship, colour, record of offence or association with a person identified by one of these grounds;

(vi) constitutes unauthorized or unsolicited communications or other “spam”;

(vii) infringes, violates, or misappropriates the personal rights or intellectual property rights of us or any third party;

(viii) obtains unauthorized access to, or interferes by any means with, any user, system, network, service or account, including evasion of filters or violation of the security or integrity of any network or system;

(ix) harvests, scrapes, or uses any robot, spider, crawler, script or other automated means not provided by us to access This Site or to extract data, collect information or otherwise interact with This Site;

(x) distributes computer viruses, malware, cancelbots, Trojan horses, worms or other harmful or disruptive content of any kind to This Site, regardless of intent; or

(xi) harvests, scrapes, extracts, collects, or stores Personal Information about others without their express consent.

8. Terminating or Restricting Your Access to This Site

a. We have full discretion to terminate at any time—We may, in our sole discretion, suspend, restrict or terminate your use of This Site, effective at any time, without notice to you. This includes, but is not limited to, situations where (i) the operation or efficiency of This Site or our or any third party’s equipment or network is impaired by your use of This Site, (ii) we receive a third-party complaint relating to your use or misuse of This Site, or (iii) you have been or are in breach of any term or condition of these Terms.

b. Disclaimer regarding termination or suspension—We will not be held responsible nor liable for any claims of loss resulting from terminations, restrictions, disruptions or suspensions of This Site. By using This Site, you agree to release us from those claims.

9. General Disclaimers, Limits of Liability and Indemnities

a. Disclaimer about internet-based limitations—Your use of This Site depends on the public internet, including networks, cabling, facilities and equipment that is not in our control. Accordingly, (i) we cannot guarantee any minimum level regarding such performance, speed, reliability, availability, use or consistency, and (ii) data, messages, information or materials sent over the internet may not be completely private and your anonymity is not guaranteed.

b. Disclaimer about This Site and its Content—All use of This Site and Our Content is to be used at your own risk.  This Site and Our Content, including all products and services provided under these Terms, are provided on an “AS-IS” and “AS-AVAILABLE” basis.  We make no conditions, warranties or representations about the suitability, reliability, usability, security, quality, capacity, performance, availability, timeliness or accuracy of This Site or any Content.  We expressly disclaim all conditions, warranties and representations, express, implied or statutory, including implied conditions or warranties of merchantability, fitness for a particular purpose, durability, title and non-infringement, whether arising by usage of trade, by course of dealing, by course of performance, at law, in equity, by statute or otherwise howsoever.

c. Disclaimer about proprietary, confidential and sensitive information—You should not send any confidential, proprietary or sensitive information about you or others via This Site. We are not responsible for, and will not be liable to you or anyone else for any damages in connection with an email, text message, comment, post or any other electronic message sent by you through This Site, or an email, text message, comment post or any other electronic message sent by us or a Third Party to you.

d. To the maximum extent allowed, we have no liability to you—Notwithstanding any other provision of these Terms, and to the maximum extent permitted by applicable law, in no event will we, our affiliates, or our controlling parties, agents, employees, suppliers, licensors or participants in the KONEK service (when we refer to “we” or “us” in this “General Disclaimers, Limits of Liability and Indemnities” section, we mean us and all of these people) be liable for any direct, indirect, special, incidental, consequential or punitive damages, or any other expenses, damages or losses whatsoever, including (whether direct or indirect) damages for loss of profits, goodwill, opportunity, earnings, use or data, arising from or related to these Terms, This Site, or any Content or software in connection therewith, regardless of the cause of action and even if one or more of us have been advised of the possibility of such damages or losses, or if such damages or losses would be reasonably foreseeable.  It is impossible to fully list the extent of this limit of liability, but, to be clear, to the maximum extent permissible under applicable law, we have no liability whatsoever to you for any other expenses, damages or losses.

e. Indemnity by you—We provide This Site on the basis of these Terms. By using This Site, you agree to indemnify us, and disclaim our responsibility for, any actions, proceedings, claims, liabilities, damages and reasonable expenses (including legal expenses) relating to or arising from (i) access or use, by you or permitted by you, of the This Site, or (ii) any of your acts or omissions, including breach or non-performance of these Terms and any violation of any third party rights.

10. General Provisions

a. Any waiver of our rights and remedies or amendments to this Agreement must be in writing—No waiver of any provision of these Terms is binding unless it is in writing and signed by us. No failure to exercise, and no delay in exercising, any right or remedy, under these Terms will be deemed to be a waiver of that right or remedy. No waiver of any breach of any provision of these Terms will be deemed to be a waiver of any subsequent breach of that provision.

b. If for any reason some part of these Terms do not apply to you, the rest do—The invalidity of any particular provision of these Terms does not affect any other provision contained herein, but the Terms are to be construed as if the invalid provision has been omitted.

c. Applicable Law and dispute mechanisms—These Terms and the rights of the parties hereto are governed by, and construed and interpreted in accordance with, the laws of the Province of Ontario and the laws of Canada applicable therein. You hereby irrevocably submit to the exclusive jurisdiction of the courts of the Province of Ontario in connection with any matter arising out of or in connection with these Terms.

d. These Terms may only be transferred by us—We may, without consent in writing, assign, directly or indirectly, our rights under these Terms. You may not assign these Terms or any of your rights or obligations under them without our prior written consent. These Terms will enure to the benefit of, and bind you and us and our respective heirs, executors, administrators, personal and legal representatives, successors and permitted assigns. On agreement with an assignee to assume our obligations under these Terms, we will without the necessity of any other documentation, be released from all of our obligations under these Terms.

e. Where necessary, some parts of these Terms will survive on termination—All provisions of these Terms that, by their meaning or nature, are intended to survive termination or expiry of these Terms shall survive termination or expiration of these Terms.

f. Our relationship with you—No joint venture, partnership, employment or agency relationship exists between us and you as a result of these Terms or your use of This Site.

g. These Terms are our entire agreement relating to This Site—These Terms, as amended, including any and all documents, websites, rules, terms and policies referenced herein, constitute the entire agreement between us and you with respect to the matters referred to in these Terms and supersede all prior agreements, negotiations, discussions, undertakings, representations, warranties and understandings whether electronic, oral or written, between us and you with respect to such matters.

h. Interpretation of these Terms —In these Terms:

(i) the division into sections and the insertion of headings are for convenience of reference only and are not to affect the construction or interpretation of these Terms;

(ii) when we use the word “including”, “includes” or the phrase “such as”, or similar phrases, it should be read as “without limitation” or “but not limited to” or similar phrases right after it;

(iii) the word “or” does not imply an exclusive relationship between the matters being connected (so it can always be read as “and/or” unless the context requires); and

(iv) all references to website addresses or URLs also include any successor or replacement websites containing substantially similar information to the referenced website(s).

If you have any questions or concerns about This Site or these Terms, please contact us at [email protected].