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This Agreement is for Canadian residents only. This Agreement applies to your FirePay Personal Account and affects your rights. Therefore, you should read it carefully. The FirePay Personal Account is a payment service for consumers that can be used to purchase a wide variety of goods and services from merchants worldwide that accept FirePay as a method of payment. Your FirePay Personal Account can be securely funded directly from your bank account.

You acknowledge that you have read and agree to the terms and conditions contained in this Agreement. You also agree that this User Agreement constitutes a legally binding contract formed between you and FirePay Ltd., a company organized in Bermuda.

If this Agreement changes it will be posted on our website and take effect immediately upon such posting. You will always be advised of changes to fees prior to completion of the transaction for which the fee is to be charged.

1. Definitions and Interpretation. For the purposes of this Agreement, the following words have the meanings indicated:
  1. "Agreement" refers to this User Agreement.
  2. Business Days. For purposes of the time periods set forth in this Agreement, our business days are Monday through Friday. Legal holidays in the United States, Canada or the United Kingdom are not considered business days.
  3. Currency. All amounts reflected in this Agreement are Canadian dollars, unless otherwise stated.
  4. "FirePay Authorized Merchant" refers to a merchant who accepts FirePay as a method of payment.
  5. "Personal Account" means your FirePay personal interface. It reflects your available balance with the Service and is accessible via the Internet. Your available balance can be increased through secure funding from your Registered Bank Account.
  6. "Registered Bank Account" means the bank account that you designate as the source from which your Personal Account should be funded. You provide us with your Registered Bank Account information when you register for our Service and may change it from time to time. Your Registered Bank Account can be "validated" by informing FirePay of the correct validation amount deposited to your bank account by FirePay as part of the validation process. Refunds or withdrawals will not be made to a bank account unless it has been validated.
  7. "Service" refers to the FirePay payment service and any related products or services available through www.firepay.com, including most particularly our Internet interface that allows you to manage your FirePay Personal Account.
  8. Unless otherwise stated, "FirePay," "we" or "our" refers to FirePay Ltd.
  9. "You" or "Your" or "User" means any person or entity using the Service.
2. Disclaimers and Warranties.
  1. NOT A BANK. FIREPAY PROVIDES A PAYMENT SERVICE THAT FACILITATES THE PROVISION OF GOODS AND SERVICES BETWEEN YOU AND FIREPAY AUTHORIZED MERCHANTS. BY SIGNING THIS AGREEMENT, YOU ACKNOWLEDGE THAT FIREPAY IS NOT A BANK AND IT IS NOT A BANKING SERVICE. IN ADDITION, FIREPAY IS NOT ACTING AS A TRUSTEE, ADMINISTRATOR OF THE PROPERTY OF OTHERS, MANDATARY, DEPOSITARY, FIDUCIARY, OR ESCROW WITH RESPECT TO YOUR FUNDS. NO PARTNERSHIP, JOINT VENTURE, EMPLOYER OR FRANCHISE RELATIONSHIP IS INTENDED OR CREATED BY THIS AGREEMENT. FIREPAY ACTS SOLELY AS YOUR AGENT IN CARRYING OUT YOUR PAYMENT OR FUNDING INSTRUCTIONS TO THE EXTENT CONSISTENT WITH THE TERMS OF THIS AGREEMENT. FUNDS IN A PERSONAL ACCOUNT BELONG TO FIREPAY, BUT WE CONTRACTUALLY UNDERTAKE TO MAKE THEIR EQUIVALENT AVAILABLE TO YOU, PURSUANT TO THE TERMS OF THIS AGREEMENT.
  2. NO WARRANTIES AS TO MERCHANTS. We provide no warranty, make no representation and disclaim all liability with respect to the quality, availability, legality, delivery or any other aspect of your dealings with FirePay Authorized Merchants or of the products or services that you intend to purchase from them. The process by which FirePay authorizes merchants to accept payment through the Service does not involve any assumption of responsibility or investigation as to those merchants' dealings with any particular consumers. PUT SIMPLY, YOU DEAL WITH FIREPAY AUTHORIZED MERCHANTS ENTIRELY AT YOUR OWN RISK. ANY GRIEVANCE YOU MAY HAVE WITH A FIREPAY AUTHORIZED MERCHANT MUST BE PURSUED WITH THAT MERCHANT AND NOT WITH FIREPAY.
  3. DISCLAIMER OF LIABILITY FOR FIREPAY SECURITY MODULE. In order better to protect the security of our systems, we require that you download the FirePay Security Module as part of your registration with FirePay. The module is made available to you "as is", with no warranty or representation of any kind, including but not limited to any express or implied warranties of fitness for a particular purpose, merchantability or non-infringement. FirePay also disclaims any and all liability, to the maximum extent permitted by law, for any damages resulting from or in connection with your download and use of the module, including but not limited to damage caused by computer virus, worm or other malicious or defective code or agent. The module is for your personal use only in connection with your authorized use of the Service, and your license to use the module is limited to the purpose set forth in this sentence and is not transferable to any other person.
  4. GENERAL DISCLAIMER. Except where expressly stated to the contrary in this Agreement, to the maximum extent permitted by applicable law, FirePay disclaims all warranties, conditions, and similar obligations not expressly stated herein, including all warranties, conditions and obligations that otherwise might be implied by law, usage of trade, custom, course of dealing or performance, or the parties' conduct or communications with one another, or whether arising as a result of the nature of this agreement or in conformity with usage, equity or law, or otherwise, such as, for example, implied warranties of merchantability, merchantable quality and fitness for a particular or general purpose and quality. In addition, except where required by applicable law, we, our affiliates, agents and licensors shall not be liable for any incidental, consequential, or other damages, losses, or claims in any way connected with, or arising out of, the use of the Service.
3. User Eligibility and Registration.
  1. In order to use this Service, you must successfully register for a Personal Account at www.FirePay.com, which includes your agreeing to abide by all the terms and conditions in this Agreement and any documents referenced herein. Users and households may only hold one Personal Account with FirePay. The Service is only available to Users who can form legally binding contracts under applicable law. Without limiting the scope of the previous sentence, you must be at least 18 years of age and you must be of the age of majority in the jurisdiction where you are domiciled in order to register for a Personal Account. You also agree to provide us with accurate information at all times, including upon registration with FirePay, and specifically including your name, contact information, email address, bank account information and payment instructions. You hereby consent to us or our affiliates, agents, suppliers, and subcontractors to make any inquiries with any third party we and they consider necessary to confirm your registration with us. This may include the release of your personal information to our affiliate, FPA Processing Services, Inc. for the purpose of ordering a credit report and/or verifying the information you provide against third party databases.
  2. You represent and warrant that the Registered Bank Account you identify is your account. that you have the right on your own authority to deposit and withdraw funds from that account and that you are not depositing, withdrawing or transferring such funds on behalf of another person. You acknowledge that you will be required to provide your password for each transaction processed against your account You agree to provide us with prompt notice of any change with respect to your account information. Violation of this Section will constitute grounds for immediate termination without notice.
4. User Responsibilities.
  1. Password. It is your responsibility to retain your Password and Registered Bank Account information as confidential and not to disclose it to any other person. Only you are authorized to use your Personal Account. You may not delegate any other person to do so.
  2. Monitoring of Personal Account. It is your responsibility to monitor use of your Personal Account. FirePay sends to your registered e-mail address confirmation of all deposits and withdrawals to or from your Registered Bank Account from or to your FirePay Personal Account at the time of the transfer. We suggest that you print copies of these confirmations for your records. It is your responsibility to check those confirmations immediately upon receipt and, as prescribed in Section 6 below, alert us of any error.
  3. Account Use. You attest that you will not use the Service for any unlawful, fraudulent or improper activity and that you will not use or attempt to use the Service for any purpose other than sending and receiving payments to FirePay Authorized Merchants and managing your Personal Account. If we have reason to believe that you may be engaging in or have engaged in fraudulent, unlawful, or improper activity, including without limitation any violation of the Agreement, or that you are using or attempting to use the Service for any impermissible purpose, we reserve the right to restrict or terminate your Personal Account immediately without notice and without prejudice to all rights and remedies we otherwise may have available to us under law or equity. Prohibited activity includes without limitation:
    1. Initiation of a dispute or return through your bank where your Registered Bank Account is located;
    2. Receipt or transmission of fraudulently obtained funds or funds intended to facilitate or that represent the proceeds of unlawful activity;
    3. Creation and use of more than one Personal Account by you or anyone in your household;
    4. Disclosure of your Password or other confidential Personal Account information to third parties; and
    5. Breach by you of any provision in this Agreement.
  4. Consequences of Improper Use. If you use, or attempt to use, the Service for unauthorized purposes, including, but not limited to, tampering, hacking, modifying, or otherwise corrupting the security or functionality of the Service or any of our sites, or using the Service for any illegal activity, FirePay at our sole discretion may terminate your Personal Account immediately without notice and without prejudice to all other rights and remedies under law or equity that are available to us.
  5. Remedies and FirePay's Right to Collect From You. Without limiting other remedies, we may update inaccurate contact information, contact you by means other than electronic, notify our User and merchant community of our termination of your use privileges, place a hold on your Personal Account funds, limit access to your Personal Account, report outstanding balances to third-party credit agencies or suspend your Personal Account if (a) you breach the Agreement; (b) we cannot verify any information you have provided; (c) we believe that your Personal Account or activities may cause FirePay (including our officers, directors, agents, employees and affiliates), our customers, or you to be legally liable or to suffer financial loss.
  6. You Indemnify Us. You agree to indemnify and hold us, our affiliates, our officers, our directors, and our employees harmless from any claim, action, demand, loss, damages or other expense, including legal fees, to the extent arising out of or related to your breach of this Agreement or violation of any applicable law or the rights of a third party relating to your use of this Service.
  7. Release. Except for your limited rights set out in section 7, you agree to release FirePay, its officers, directors, agents, employees, and affiliates from any and all claims, demands, damages or expenses of every kind or nature arising out of or in any way connected with any dispute between you and other Users or FirePay Authorized Merchants
5. Using the Service.
  1. Funding Your Personal Account: Process and Fees. Each request made by you to fund your Personal Account shall constitute a valid authorization for us to deduct the amount specified in your request, plus a deposit fee for members with a validated Registered Bank Account, directly from your designated bank account. The total amount withdrawn from your bank account, including the deposit fee, will be electronically displayed and authorized by you, prior to the completion of the withdrawal from your bank account. We will also send you an e-mail confirming the funding of your Personal Account. In the event your transaction is returned unpaid for any reason, which constitutes grounds for immediate termination without notice, FirePay may re-present it electronically. In addition to the amount of the transaction, FirePay may electronically debit from your account or otherwise collect a service charge of $25.00 for our administrative costs related to any transaction resulting in a return, such as but not limited to those caused by insufficient funds in your bank account, closure of your bank account, or if the bank account number or other information you provided is incorrect. FirePay reserves the right to resubmit for collection electronically or via paper draft any transaction authorized by you that is returned for insufficient or uncollected funds, or similar reasons.
  2. Disabling of Your Personal Account and Rejection or Changes to Transactions. In order to prevent fraud or other unlawful activity, we reserve the right to hold funds beyond the normal distribution periods for transactions we deem suspicious or for Users engaging in what we deem to be large or frequent transactions. We are not required to pay interest on any funds held. Should we choose not to accept a transaction, we will provide you with notice in a reasonable period of time. Once you have authorized a transaction with FirePay, that transaction may not be canceled, amended or modified by you.
  3. Refunds/Withdrawals. At your request, initiated by you at www.firepay.com while logged in to your Personal Account, we will refund the balance (or any portion thereof) of your Personal Account to a validated Registered Bank Account only. Withdrawals can only be made for funds that have cleared the banking network.
  4. Personal Account Closing/Voluntary and Involuntary.
    1. Voluntary: You may close your Personal Account at any time by e-mailing us at info@firepay.com. Upon closure of a Personal Account, if we have reason to believe you have used or have attempted to use your Personal Account for a fraudulent, illegal or improper activity, we may hold your funds for up to 180 days pending resolution of our concern. If you are later determined to be entitled to some or all of the funds in dispute, FirePay will make a payment of those funds to you, without interest. Closing of your Personal Account will result in termination of this Agreement.
    2. Involuntary: We reserve the right to terminate your Personal Account if you do not access it for a period of 150 days. We will notify you via email to your registered email address of such impending termination and, if you fail to respond to your notification within a reasonable period, your funds will be forfeited to FirePay. Termination of your Personal Account will result in termination of this Agreement.
  5. Average or minimum balance charge: We currently impose no minimum or average balance requirement below which we assess fees or charges to maintain your FirePay Personal Account.
  6. Limitations on frequency and dollar amounts of transfers: We maintain limits on the frequency and dollar amounts of transfers permitted through our Service for security and fraud prevention reasons. Those limits may change and may not be disclosed to our Users to avoid compromising our security and fraud prevention efforts.
  7. Personal Account Transaction Statement. Your Personal Account statement is available online at www.firepay.com as long as your account is enabled. A reminder to check your statement will be sent to your registered e-mail address with each transaction. We will email you a reminder to check your account statement at least quarterly. We suggest that you periodically print copies of your statement for your records. To receive a copy of your statement in cases where your account is closed or disabled, please email a request to info@firepay.com.
6. Liability for Unauthorized Transactions and Errors Resolution.
  1. Your Responsibilities. As noted above, you are responsible for keeping your password and Registered Bank Account information secure and confidential. If your password or Registered Bank Account information is used by an unauthorized person, you may be liable for any misuse, damage or loss incurred.
  2. Unauthorized Transaction or Mistake on Your Statement. Tell us AT ONCE if you believe your Password or other account information has been lost, stolen or disclosed to another person, if you receive a notice from FirePay to your registered email address of a transfer you did not authorize, if your FirePay or bank statement shows unauthorized transfers, or if you need additional information about a transaction. Contacting us immediately is the best way to minimize your possible losses. If you do not notify us within 60 days of when you first receive notice of an unauthorized transaction, you may not recover any money you lose after the 60 days if we could have prevented the loss had you notified us within that time. If good reason (such as a long trip or hospital stay) kept you from notifying us, we may, at our sole discretion, extend the 60-day time period.
  3. Contacting Us. You may contact us via e-mail at info@firepay.com. Your message to us must include: (i) your name, account number, and the answer to your secret question; (ii) a description of the error or the transfer you are questioning; (iii) a clear explanation about why you believe it is an error or why you need more information; and (iv) the dollar amount of the suspected error.
  4. Correction of Errors. We will attempt to determine whether an error occurred within 10 business days after you have provided us with all required information. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we will provisionally re-credit your account within 10 days for the amount you think is in error, in order to give you use of the money during the pendency of our investigation. If we ask you to put your complaint in writing and we do not receive it within 10 days, then we are not required to provide such re-credit. At the conclusion of our investigation, we will correct promptly any error that we determine has been substantiated. If we determine that there was no error, we will send you a written explanation within three (3) business days after we complete our investigation and revoke any provisional re-credits that had been provided to you. In that event, you may request copies of documents used in our investigation.
7. Liability for Failure to Process a Requested Transfer.
If we do not complete a transfer to or from your Personal Account in the correct amount in violation of this Agreement, we will correct the error, which will be your sole remedy. WE WILL NOT BE LIABLE, HOWEVER, IF:
  1. Through no fault of ours, you do not have enough money in your Personal Account to make the transfer.
  2. Your funds are subject to legal process or other encumbrance which restricts the transfer.
  3. Any technical device, such as a computer, computer software or hardware, Internet Service Provider, Internet server, Internet access, handheld devices, telephone or other communications device has malfunctioned, has been lost or terminated, or has been affected by a virus or similar destructive file or element.
  4. Circumstances beyond our control prevent the transfer, despite reasonable precautions that we have taken. These circumstances include, but are not limited to, acts of God, fire, explosion, earthquake, riot, war, sabotage, accident, embargo, storms, strikes, lockouts, any interruption, failure or defects in Internet, telephone, or other interconnect services or in electronic or mechanical equipment.
  5. You suffer a loss due to your failure correctly to enter data. Examples of such losses include, but are not limited to erroneous payments made to an unintended FirePay Authorized Merchant or in an unintended amount as a result of your clerical error(s) in data entry.
  6. You provide inaccurate or incomplete information, such as an inaccurate or incomplete e-mail address or Registered Bank Account information.
  7. We choose, in our sole discretion and consistent with this Agreement, not to complete your transfer in compliance with our internal security, risk mitigation and fraud prevention procedures.
  8. Your requested transfer otherwise violates the provisions of this Agreement, or we otherwise have the right under this Agreement to refuse to process your request.
8. Privacy and Identity Authentication.
  1. FirePay will use and protect your personal information in accordance with our Privacy Policy. That policy is incorporated into this Agreement and is available by clicking on the link or by visiting our home page on our website. By entering into this agreement you are providing your consent for FirePay, its affiliates and service providers to use, hold and disclose your personal information as required to provide the Service in accordance with this agreement and the Privacy Policy.
  2. Notwithstanding the foregoing, you authorize us to make any inquiries we consider necessary to validate your registration and your identity. However, you acknowledge we cannot and do not guarantee any User's identity. You acknowledge that FirePay does not rely upon the User's name in every transaction and may rely upon a Password when processing a transaction.
  3. You also acknowledge that your conversations with FirePay customer service agents are monitored or recorded for quality, fraud prevention, security and other related purposes, and consent to such recording.
  4. FirePay retains your records for fraud prevention and security purposes, and to enforce any recourse FirePay may have against you under this Agreement, even after your Personal Account is closed, for at least two years after the transaction to which it relates. These records are stored securely and used only for their intended purpose, and will be destroyed once FirePay reasonably determines they are no longer required.

9. Trademarks, Copyright and Other Intellectual Property.
"FirePay" and all related logos, products, services and text, as well as the page headers, custom graphics, button icons and scripts ("look and feel"), on our website either belong or are licensed to FirePay. You may not copy, imitate or use any of them, in whole or in part, without our prior written permission, except to view them or to print those documents to which you are entitled (for example, our statements, disclosures and this Agreement) for your own personal, non-commercial use. In addition, all of our page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of ours and may not be copied, imitated, or used, in whole or in part, without our prior written permission.

10. Electronic Communications.
By registering with FirePay and opening a Personal Account, you agree to conduct business with us electronically, via the internet, and to receive all required notices and disclosures in electronic format, including but not limited to e-mail messages to an authorized e-mail address that you have provided us. These e-mail messages may contain the required notice or disclosure or may alert you to the availability of such a notice or disclosure on our website. We also reserve the right to effect delivery of notices or disclosures by posting to our website with no e-mail transmission, to the extent permitted by applicable law. To access any of these notices or disclosures and to receive e-mail messages, all that you need is a valid e-mail address, access to the Internet and any generally available commercially available Web browser, such as Internet Explorer or Netscape Navigator. If at any time you wish to withdraw your consent to receipt of electronic communications, you must notify us at info@firepay.com. We will regard such withdrawal as a termination of your Personal Account with us. You may request paper copies of any electronic notice or disclosure we provide; however, we reserve the right to refuse or to assess a service charge to respond such a request, at our sole discretion and to the extent permitted by applicable law. If at any time you would like to change the e-mail address that you have provided, please login to your FirePay account at www.firepay.com and choose the "EDIT ACCOUNT" tab.

11. Assignability.
You may not transfer any rights or obligations you may have under this Agreement. We reserve the right to transfer or to subcontract any right or obligation under this Agreement at our sole discretion without your consent.

12. Severability.
If any term or provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or otherwise unenforceable, such term or provision shall not affect the Agreement's other terms or provisions, or the whole of this Agreement, but such term or provision shall be deemed modified to the extent deemed necessary to render such term or provision enforceable, and the rights and obligations of the Parties shall be construed and enforced accordingly, preserving to the fullest permissible extent the intent of the parties and the purposes of the Agreement.

13. Language.
It is the express wish of the parties that this Agreement and all related documents be drawn up in English. C'est la volonté expresse des parties que la présente convention ainsi que les documents qui s'y rattachent soient redigés en anglais.

14. Governing Law.
You agree to submit any and all disputes between you and us exclusively to a small claims tribunal of competent jurisdiction. "Us" shall include FirePay, our directors, officers, employees, agents and affiliated companies (including but not limited to parent and subsidiaries). This Agreement shall be construed under, and any dispute arising out of or relating to this Agreement shall be governed by, the laws of Bermuda, without regard to the conflict- or choice-of-law principles thereof. You understand that, in return for your agreement to this Section, FirePay is able to offer you the Service at the terms and subject to the fees designated, and that your assent to this Section is an indispensable consideration to this Agreement. You also acknowledge and understand that, with respect to any dispute with us, arising out of or relating to this Agreement or your use of the Service:
  • YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY;
  • YOU ARE GIVING UP YOUR RIGHT TO HAVE A COURT, OTHER THAN A SMALL CLAIMS TRIBUNAL, RESOLVE ANY SUCH DISPUTE; and
  • YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.
I UNDERSTAND AND AGREE TO THE TERMS OF THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO SECTION 10 CONSENTING TO RECEIPT OF ELECTRONIC COMMUNICATIONS AND SECTION 13 CONSENTING TO THE USE OF A SMALL CLAIMS TRIBUNAL TO RESOLVE ALL DISPUTES BETWEEN US. I ALSO AUTHORIZE FIREPAY AND ITS AGENTS TO ORDER A CREDIT REPORT, TO VERIFY PERSONAL INFORMATION AND REPRESENTATIONS I HAVE PROVIDED OR MADE, AND TO MAKE ANY OTHER INQUIRIES OF THIRD PARTIES NECESSARY IN FIREPAY'S SOLE JUDGMENT TO ENABLE USE OF THE FIREPAY SERVICE.



 

 
  

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  FirePay UK Ltd is authorised and regulated by the Financial Services Authority.