Paymi.com Terms and Conditions
Updated November 22, 2018
The website located at www.paymi.com and the Paymi mobile application (collectively and individually referred to as "Paymi.com") are owned and operated by Integrated Rewards Inc. ("Company"). This document ("Terms") governs all services provided by Integrated Rewards Inc. ("We", "Us", or "Our") through Paymi.com, and all content, services, and products available at or through Paymi.com.
By using the Paymi.com or the Services, you acknowledge that you have read and understand these Terms and Conditions and will be bound by this Agreement. If you do not agree to be bound by this Agreement (as defined below), do not use or access Paymi.com and/or our Service.
If you sign up for a Paymi.com account through one of our Marketing Partners (as defined below), your use of our Service may be subject to additional terms of that agreement that are different from these Terms and Conditions.
“Marketing Partners” means third parties with whom the Company has entered into special marketing arrangements, including marketing programs with other loyalty program operators that you may be a member of.
"Member" means any person, company, or organization that is using our service, and for whom an account number has been established or is being established in our databases.
“Merchant” means all merchants who provide goods and services that are participating in the Service and provide offers to Members through Paymi.com.
“Offer Related Purchase” means a purchase transaction made within the applicable time period for the transaction as stipulated in the Merchant offer that a Member makes either (i) through Paymi.com or (ii) by using a payment card registered on his/her Paymi.com account.
"Service" means all of the services provided by Paymi.com, including but not limited to all content, services, and products available through Paymi.com.
"User", "you", and "Your" refer to the person, company, organization, or Member that has visited or is using Paymi.com or our Service.
Any individual adult consumer may register with Paymi.com. You must be at least the age of majority or legal age of your jurisdiction of residence in order to use Paymi.com and our Service. If you are under the age of majority or legal age in your jurisdiction of residence, you must get consent from your guardian or parent to use Paymi.com and our Service. The Company disclaims any and all responsibility or obligation to monitor or verify the age or legal status of any users of Paymi.com and our Service.
You are responsible for keeping your registered account credentials confidential. We are entitled to act on all instructions received by anyone using your account and are not responsible for any transaction made without your authorization.
You agree to provide true, accurate, current and complete information about yourself and your accounts maintained at other web sites, including accounts with our Marketing Partners, and you agree to not misrepresent your identity or your account information. You agree to keep your account information up to date and accurate.
We reserve the right to cancel a Member’s membership at our discretion for any misuse of Paymi.com and the Service, including but not limited to a violation of this Agreement, gaming or fraudulently obtaining of sign up bonuses, referral bonuses, cash awards for returned Offer Related Purchases, dormant accounts, or any other thing deemed as misuse by us.
If a Member’s account has not had any Paymi.com related purchases for more than three (3) months or is otherwise inactive, we reserve the right, but not the obligation, to deactivate the Member’s account, at our sole discretion.
You will be notified that your account has become dormant by way of email to the address provided within your Paymi.com account prior to deactivation. You will have thirty (30) days to reactivate your account from the date of the initial email indicating that your account has become dormant. If your account is not reactivated, then your account may be cancelled, and if so, any rewards balance within your account will be forfeited to Paymi.com.
If a Member provides access to a payment account where there is more than one cardholder, you represent and warrant that you have the right to grant us consent on behalf of all cardholders on the account who are non-Members, and hereby grant us consent to access the transaction data on behalf of the other non-Member cardholders on the account. For example, in the instance where a Member signs up with a payment card that is a supplementary payment card under a primary cardholder who is not a Member. On joint payment accounts where more than one cardholder is a Member, only those Members on the account making Offer Related Purchases will receive the related cash awards.
Except for public domain material, all content and material on and/or forming part of Paymi.com and the Service we offer from time-to-time, including all text, information, links, graphics, audio, video, animation, logos, trademarks, service marks and trade names, and the design and arrangement thereof, and all source code and software (collectively referred to as the “Content”), are protected by copyright, trademark and other laws, and are owned or controlled by the Company or its licensors. All rights not expressly granted to you in this Agreement are reserved. You agree that any copy of the Content, or any part thereof, which you are permitted to use as delivered to you through the Service shall be solely for your private, non-commercial use on the Service.
You may not, directly or indirectly, adapt, republish, display, upload, post, transmit, broadcast, communicate to the public (including by telecommunication), sub-license, sell, reverse engineer, decompile or disassemble, merge with other data, frame in or post on another website, create derivative works from, translate, modify, reproduce, perform, distribute, transfer or otherwise use the Content, or individual sections of the Content (including but not limited to, any Java applets associated with the Service), or authorize anyone to do any of the foregoing acts, without our express prior written permission.
Third Party Accounts
If you have registered for the Service through your financial institution's online or mobile banking platform or web-based portal ("FI-registered Account"), the following paragraph does not apply to you. If you register multiple payment accounts to your Paymi.com account, the following paragraph applies with respect to payment accounts that are not FI-registered Accounts. By using the Service, you authorize the Company to access third party sites and sources designated by you, on your behalf, to retrieve information requested by you, and to register for accounts requested by you. For all purposes hereof, you hereby grant the Company a limited power of attorney, and you hereby appoint the Company as your true and lawful attorney-in-fact and agent, with full power of substitution and re-substitution, for you and in your name, place and stead, in any and all capacities, to access third party internet sites, servers or documents, retrieve information, and use your information, all as described above, with the full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with such activities, as fully to all intents and purposes as you might or could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN THE COMPANY ACCESSES AND RETRIEVES INFORMATION FROM THIRD PARTY SITES, THE COMPANY AND ITS AFFILIATES ARE ACTING AS YOUR AGENT, AND NOT THE AGENT ACTING ON BEHALF OF THE THIRD PARTY. You agree that third party account providers shall be entitled to rely on the foregoing authorization, agency and power of attorney granted by you. You understand and agree that Paymi.com and the Service is not endorsed or sponsored by any third party account providers accessible through Paymi.com and the Service.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF PAYMI.COM, THE SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM PAYMI.COM AND THROUGH THE SERVICE IS AT YOUR SOLE RISK. PAYMI.COM AND THE SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND AS TO PAYMI.COM AND THE SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM PAYMI.COM AND THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
THE COMPANY MAKES NO WARRANTY THAT (i) PAYMI.COM OR THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) PAYMI.COM OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF PAYMI.COM OR THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH PAYMI.COM OR THE SERVICE WILL MEET YOUR EXPECTATIONS, OR (V) ANY ERRORS IN THE TECHNOLOGY WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF PAYMI.COM OR THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PAYMI.COM THROUGH OR FROM THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
LIMITATION OF LIABILITY
YOU AGREE THAT THE COMPANY, NOR ANY OF THEIR AFFILIATES, SERVICE PROVIDERS OR ANY OF THEIR AFFILIATES WILL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF PAYMI.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM: (i) THE USE OR THE INABILITY TO USE PAYMI.COM OR THE SERVICE; (ii) THE COST OF GETTING SUBSTITUTE GOODS AND SERVICES, (iii) ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM PAYMI.COM OR THE SERVICE; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (v) STATEMENTS OR CONDUCT OF ANYONE ON THE SERVICE; (vi) THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF ANY THIRD PARTY ACCOUNT PROVIDER SITE, EVEN IF THE PROVIDER HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES; OR (vii) ANY OTHER MATTER RELATING TO PAYMI.COM OR THE SERVICE.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain warranties and/or liabilities. Accordingly, some of the above limitations or exclusions may not apply to you.
You agree to protect and fully compensate the Company and our affiliates from any and all third party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorney’s fees) caused by or arising from your use of Paymi.com or the Service, your violation of these terms or your infringement, or infringement by any other user of your account, of any intellectual property or other right of anyone.
Members will only be entitled to a cash award if you make an Offer Related Purchase with the payment card(s) linked to your Paymi.com account or by clicking through the link to a Merchant website as directed in the Member offer web page. In other words, making a purchase with a payment card not tied to your Paymi account, or by making an online purchase and not clicking on the icon in the offer page and being redirected to the Merchant website, will result in no cash award directed to your Paymi account.
Members will only be entitled to a cash award if you make an Offer Related Purchase within the offer period as specified on the Member offer web page. Offers expire at midnight on the offer end date specified on the Member offer web page.
Member award redemption is facilitated through Paymi.com. By accepting this Agreement, you agree to have your awards redeemed in the manner or methods available through Paymi.com. We reserve the right to set a minimum redemption threshold whereby a Member cannot cash an award without being charged a transaction fee set by us. You hereby agree to being charged a transaction fee if you do not meet the minimum redemption threshold and choose to claim an award. The minimum redemption threshold and transaction fee are set by the Company and may change from time to time at our discretion. If a transaction fee applies to a Member award redemption, we will disclose the amount of the fee to you before proceeding with that redemption.
Payment of Cash Awards
The Company provides a technology platform through which Merchants and Marketing Partners can make offers to Members. Payment of cash awards are contingent upon Company’s receipt of the cash award amounts from the applicable Merchant or Marketing Partner. We assume no liability with respect to cash awards claimed, and in particular, have no responsibility for the delay or failure to deliver of cash awards by Merchants or Marketing Partners. We and your financial institution or card issuer assume no liability with respect to cash awards claimed, and in particular, have no responsibility for the delay or failure to deliver of cash awards by Merchants or Marketing Partners.
Use of Funds
You agree and acknowledge that such Members funds will not be held by us in trust for and on behalf of you and we may hold such monies in any account as we see fit, including with our own and/or other Member monies. Member funds may be used to support operations of the Company.
If a Member returns an Offer Related Purchase within thirty (30) days of purchase, the Paymi.com incentive awarded will be deducted from the Member’s awards account. If a Member returns a portion of the Offer Related Purchase, the Paymi.com incentive awarded will be reduced proportionately in relation to the return amount of the Offer Related Purchase and the Paymi.com incentive.
You represent and warrant that you exclusively own any content, information, data, passwords, materials or other similar content (collectively, "Client Content") that you post or provide through the Service or directly to Paymi.com. You grant us a non-exclusive, transferable, sub-licensable, irrevocable, royalty-free, worldwide license to use, modify, display, distribute and create new material using such Client Content to provide the Service to you. In using the Service, we receive and/or collect financial information from you, including information about credit card and debit card transactions you have completed. You represent and warrant that you exclusively own any content, information, data, passwords, materials or other similar content (collectively, "Client Content") that you post or provide through the Service or directly to Paymi.com. You grant us a non-exclusive, transferable, sub-licensable, irrevocable, royalty-free, worldwide license to use, modify, display, distribute and create new material using such Client Content to provide the Service to you. By submitting Client Content, you automatically agree, or promise that the owner of such Client Content has expressly agreed that, without any particular time limit, and without the payment of any fees, the Company may use the Client Content for the purposes set out above. The Company may use, sell, license, reproduce, distribute and disclose aggregated, non-personally identifiable information that is derived through your use of the Service. For greater certainty, we do not disclose personally identifiable transaction information to Merchants or other third parties. As between you and the Company, you own your confidential account information.
Compliance with Laws
You represent and warrant that: (i) you have the authority to bind yourself to the Agreement; (ii) your use of Paymi.com and/or the Service will be solely for purposes that are permitted by this Agreement; (iii) your use of Paymi.com and/or the Service will not infringe or misappropriate the intellectual property rights of any third party; and (iv) your use of Paymi.com and/or the Service will comply with local, provincial, and federal laws, rules, and regulations, and with all other Paymi.com policies.
You may not use Paymi.com in any manner that could damage, disable, overburden, or impair our servers or network, or interfere with any other party’s use and enjoyment of Paymi.com or the Service. You may not attempt to gain unauthorized access to the Service or computer systems or networks through hacking, password mining, or any other means. In addition to our rights pursuant to this Agreement, we may take any legal action and implement any technical remedies to prevent the violation of this provision and to enforce this Agreement.
You agree that you will not under any circumstances use Paymi.com or the Service to transmit any content that is unlawful or promotes unlawful activities; defames, harasses, abuses, threatens, or incites violence toward any individual or group; is pornographic, discriminatory, or otherwise victimizes or intimidates any individual group on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; is spam, is machine- or randomly-generated, constitutes unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling; contains or installs any viruses, worms, malware, Trojan horses, or other content that is designed or intended to disrupt, damage, or limit the function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; infringes on any proprietary right of any party, including patent, trademark, trade secret, copyright, right of publicity, or other rights; impersonates any person or entity, including any of our employees or representatives; or violates the privacy of any third party.
Third Party Content
There may be content from third parties on Paymi.com or the Service. We are not responsible for that content, nor do we endorse such content, unless otherwise clearly stated.
This Agreement does not authorize you to distribute, publicly display, publicly perform, make available, alter, or otherwise use any third party content except as permitted by this Agreement.
We respect others’ intellectual property rights and ask you to do the same. We may terminate your access to Paymi.com or the Service if we determine that you infringe on others’ copyrights or other intellectual property (including our rights).
We retain ownership of all intellectual property rights of any kind related to Paymi.com and the Service, including applicable copyrights, patents, trademarks, and other proprietary rights. Other trademarks, service marks, graphics, and logos used in connection with Paymi.com and the Service may be the trademarks of third parties. The Agreement does not transfer from us to you any Paymi.com or third-party intellectual property, and all right, title, and interest in and to such property will remain solely with us or with such third party, respectively. We reserve all rights that are not expressly granted to you under this Agreement.
"PAYMI" and all other identifying marks, proprietary marks, or trademarks that appear, are displayed, or are used on Paymi.com or as part of the Service are registered or common law trademarks or service marks of the Company. These marks may not be copied, downloaded, reproduced, used, modified, or distributed in any way without prior written permission from the Company.
Paymi will be solely responsible for all regulatory and other obligations under Applicable Law associated with the Paymi’s solicitation or client relationship, including Canada’s Anti-Spam Legislation (CASL), do not solicit, or do not call obligations. We use email and electronic means to stay in touch with you.
You (i) consent to receive communications from us in an electronic form via the email address you have submitted or via the Service or directly through Paymi.com; and (ii) agree that the agreements, including all terms, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing.
You may cancel this Agreement at any time. If you wish to terminate this Agreement, you may simply discontinue use of Paymi.com or the Service.
We may terminate your right to use of Paymi.com or the Service immediately, without notice to you, if, in our sole discretion, you fail to comply with any of these terms and conditions of use or engage in any fraudulent, criminal, or other unauthorized activity.
Modification of Terms
We reserve the right, at our sole discretion, to amend these Terms at any time and will update these Terms in the event of any such amendments.
Upon any changes in this Agreement, we will post the amended agreement on Paymi.com or the Service. Your continued use of Paymi.com or the Service following such notification shall constitute your affirmative acknowledgement of the revised Agreement, the modification and agreement to abide and be bound by the Agreement, as amended. If at any time you choose not to accept this Agreement, including following receipt of notification of any modifications made hereto, then please do not use Paymi.com or the Service.
This Agreement and any access to or use of Paymi.com or the Service are governed by, and construed in accordance with, the laws of the Province of Ontario. You and the Company agree to submit to the exclusive jurisdiction and venue of the courts located in the City of Toronto, Province of Ontario.
If any portion or provision of this Agreement shall to any extent be declared illegal or unenforceable by a court of competent jurisdiction, then the remainder of this Agreement, or the application of such portion of provision in circumstances other than those as to which it is so declared illegal or unenforceable, shall not be affected thereby, and each portion and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law.
Headings and Summaries
The headings, captions, and summaries in this Agreement are for convenience only and in no way define or describe the scope or content of any provision of this Agreement.