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Terms and Conditions

Terms and Conditions

It is important you also read and understand our Privacy Policy and Cookies Policy which are an integral part of these Terms of Service. These Terms of Service or otherwise Agreement (referred to as the “Agreement” , “Term” or “Terms and Conditions”) is made by and between GENERAL PAYMENTS GATE LIMITED referred as GPG, a legal entity established and incorporated in Canada, and having its registered address located at SUITE 1700, 777 DUNSMUIR STREET VANCOUVER, BC, CANADA V7Y1K4 (referred to as the “Company”, “GPG ”  “we” or “our”) operating under the brand GPG , and you (“You”, “Your” “Client” “user”) utilizing our services. For the purposes of this Agreement, both the Company and the Client shall collectively be referred to as the parties.   

Using this Website, you accept these terms on a full and unqualified basis. If you disagree with these terms or any part of them, you are advised to cease using this Website and the Services the company offers. 

PLEASE MAKE SURE YOU HAVE READ THESE TERMS OF SERVICE CAREFULLY AND UNDERSTOOD EVERYTHING. SHOULD YOU FAIL TO UNDERSTAND ANY OR ALL PROVISIONS DESCRIBED HEREIN, PLEASE CONTACT US. WE MAY UPDATE THESE TERMS OF SERVICE AT ANY TIME WITHOUT NOTICE. YOU SHOULD VISIT THIS PAGE PERIODICALLY TO REVIEW THE CURRENT VERSION WHICH IS INDICATED BELOW. 

1.GPG ’S ACTIVITIES AND REGULATIONS  

The Company is a Canadian MSB registered with FINTRAC with the following details: It is important you also read and understand our Privacy Policy and Cookies Policy which are an integral part of these Terms of Service. These Terms of Service or otherwise Agreement (referred to as the “Agreement” , “Term” or “Terms and Conditions”) is made by and between GENERAL PAYMENTS GATE LIMITED, a legal entity established and incorporated in Canada, and having its registered address located at SUITE 1700, 777 DUNSMUIR STREET VANCOUVER, BC, CANADA V7Y1K4 (referred to as the “Company”, “GPG”  “we” or “our”) operating under the brand GPG , and you (“You”, “Your” “Client” “user”) utilizing our services. For the purposes of this Agreement, both the Company and the Client shall collectively be referred to as the parties.   

Using this Website, you accept these terms on a full and unqualified basis. If you disagree with these terms or any part of them, you are advised to cease using this Website and the Services the company offers. 

PLEASE MAKE SURE YOU HAVE READ THESE TERMS OF SERVICE CAREFULLY AND UNDERSTOOD EVERYTHING. SHOULD YOU FAIL TO UNDERSTAND ANY OR ALL PROVISIONS DESCRIBED HEREIN, PLEASE CONTACT US. WE MAY UPDATE THESE TERMS OF SERVICE AT ANY TIME WITHOUT NOTICE. YOU SHOULD VISIT THIS PAGE PERIODICALLY TO REVIEW THE CURRENT VERSION WHICH IS INDICATED BELOW. 

1.GPG’S ACTIVITIES AND REGULATIONS  

The Company is a Canadian MSB registered with FINTRAC with the following details: 

Name:  GENERAL PAYMENTS GATE LIMITED 
Registration Number: M22457458 
Address:  SUITE 1700, 777 DUNSMUIR STREET VANCOUVER, BC, CANADA V7Y1K4  

The Company is subject to Canadian laws and regulations. The Company actively adopts and pursues best practices in associated domains and MSB guidelines governed by conventional fiat currency payment systems and regulatory bodies, as well as aligning with our internal risk thresholds. In particular, the Company adheres to reporting and identification protocols outlined by FINTRAC and the Proceeds of Crime (Money Laundering) and Terrorist Financing Act. in Canada. 

2. ELIGIBILITY  

To be eligible for our services, you must be at least 18 years old. If you are an individual opening an account on our website, you represent and warrant that you are acting exclusively for your own benefit and not on behalf of any third party. Additionally, if you are opening a corporate account, you must be an authorized individual, such as a director, acting on behalf of the corporation. All services must be used solely for your own account or the account of the corporate entity you represent, and not for any other person or entity. 

3. ACCEPTABLE USE 

You agree to use the Services in compliance with all applicable laws and regulations and not to engage in any illegal or fraudulent activity. The Company reserves the right to terminate or suspend your access to the Services if you violate any terms of this Agreement. 

4. OUR SERVICES  

4.1. OPENING A GPG ACCOUNT  

In order to use some or all of our Services, you must first open an Account through our website, by providing certain information. For legal reasons, all information you provide during the signup process or any time thereafter must be complete, accurate and truthful. You are responsible for keeping your mailing address, email address, telephone number, and other contact information up-to-date in your Account profile. To make changes to your profile, login and then go to your account page. We may refuse to provide or may discontinue providing the Services to any person or entity at any time for any reason.  

You represent and warrant that all information supplied for GPG Services (including information provided by you to create an account for use of the GPG Services or in connection with your use of the GPG Services is true, accurate, current, and complete.  

Duplicate Accounts 

We reserve the right to refuse the creation of duplicate accounts for the same user due to security and client identification requirements. In a case where duplicate accounts are detected, we reserve the right to close or merge these duplicate accounts without notification to you. 

Verification 

As a registered Canadian MSB GPG has obligations to identify clients as delineated by the Proceeds of Crime (Money Laundering) and Terrorist Financing Act. The minimum requirements to open a GPGaccount are: 

• Business related documents including but not limited to corporate formation documents, shareholder documents, company policies and procedures, supplier agreements and lease agreements. 

• Documents related to ownership and beneficial ownership including but not limited to government issued photo identification documents and utility bills. 

• Financial records including but not limited to processing history, bank statements, audited/unaudited financial statements and tax filings. 

If you open a GPG Account and use certain of our Services, the law requires that we verify some of your information. You authorize us to make any inquiries we consider necessary to validate your identity, either directly or through third parties, including checking commercial databases or credit reports. 

We reserve the right to access various government and private databases so as to verify your information. We reserve the right to close, suspend, or limit access to your Account and/or the Services in the event we are unable to obtain or verify this information. 

4.2. MONEY TRANSFERS 

GPG offers money transfer services internationally. You can initiate a money transfer through our Website to a specified individual or legal entity as a single transaction. The Recipient can receive the Transfer in their designated bank account specified by the Sender. All transfers must be funded directly through bank transfer, or other payment methods offered by GPG .  

It is mandatory to keep your personal information in you profile up to date in the event of any changes before initiating a Transfer. If you wish to close your Profile, please get in touch with our customer support department by send an email to: support@general-payments.com

Each time you make a Transfer, these terms of this Agreement will apply. 

We reserve the right to terminate or suspend access to this service at any time, under the following circumstances, including but not limited to: 

• if the user provides incorrect or false information about themselves or a Recipient; 

• if the user has violated these terms and conditions; 

• if we determine that the Profile has remained inactive for 12 months; 

• if we have reason to believe that a Transfer has been used or a transaction has been attemted or executed for unlawful purposes. 

We may monitor transactions made using our Services for suspicious activity and fraud. If we suspect that you are using our Services in an unlawful manner or in breach of these terms, we may immediately end or suspend your use of our Services and permantely disable your GPG Profile. 

You must provide us with the Recipient’s/beneficiary correct details including, account name, bank account details, including IBAN number, bank account number, Bank SWIFT. Not doing so means your payment could be delayed or it could go to the wrong person. Depending on the legal requirements of a Recipient’s location, we may also ask for more information about you or the Recipient. 

We reserve the right, at our sole discretion, to refuse acceptance of a Transfer in the following circumstances: (a) if accepting the Transfer would result in a violation of any applicable law, regulation, code, or duty; (b) if accepting the Transfer could subject us to action from any government or regulator; (c) if the Transfer is associated with fraudulent or illegal activity or is intended for an unlawful purpose; or (d) if we have made a decision to refuse acceptance in accordance with our internal policies. In such cases, we will strive, to the extent permitted by law and our internal policies, to provide the reason for refusing to accept the Transfer. 

4.3 UPLOADING MONEY 

If you open a GPG account, you may upload money in supported currencies into your GPG Account in order to (i) convert the currency, (ii) send it to another person or to your own account or (iii) hold a balance in your GPGAccount for use later.  

You can upload money through one or more methods, for example, a pre-authorized direct debit via electronic funds transfer or a wire transfer from your bank account, with a credit or debit card. The number of methods available to you will depend on a number of factors including your verification status with us. Upload methods are not part of our Services, they are services provided by third parties. We cannot guarantee the use of any particular upload method and may change or stop offering a particular upload method at any time without notice to you. 

We will credit your Account once we have received your money, and are not responsible for the money you have uploaded until we have received them. For some particular upload methods, we will credit the money to your Account as soon as possible subject to our right of reversal. This means if the actual amount you intended to upload does not reach us within a reasonable time, we may deduct such amount from your Account.  

4.4. CURRENCY CONVERSION  

Our Services include the ability to convert currencies, for example: 

• You may upload money in one currency and use that balance to send money to a third party in another currency; 

• You may upload money in one currency and use that balance to withdraw money in a different currency; or 

• You may convert a currency balance in your Account to a different currency to hold in your Account. 

A conversion fee will apply when we perform a currency conversion. When you are entering a request to exchange an X amount of money to another currency the request is sent for approval to GPG . 

The moment the request is approved by GPG , GPG  will send a request for FX conversion to the API integrated counterparty and request a quote for the exchange rate. The rate will be visible to GPG in the same dashboard and then GPG will have to approve or reject if the rate is not accepted. Upon acceptance of the provided rate the amount in the requested currency will be converted. Once the amount of converted money is available in client’s account the client provides transaction information to GPG. GPG instructs the credit institution which safeguards the clients’ funds to transfer the funds to the beneficiary’s bank/PSP account.  

It is your responsibility to send us the money to fund a currency conversion order in a timely manner. We cannot be responsible for the time it takes for the money to be sent to us by your bank or payment service provider 

We reserve the right in our sole discretion to refuse any currency conversion order. Reasons for refusal may include but are not limited to incorrect information about the recipient, insufficient available funds, or where we believe you may have violated this Agreement, including where we believe you are attempting to engage in currency trading or other trading for purposes not permitted by this Agreement. We will endeavour to notify you of any refusal, using the contact information in your Account, stating (where possible) the reasons for such refusal and explaining how to correct any errors. However, we will not notify you if such notification may be unlawful. 

Each currency conversion order is given a unique transaction number which is shown in the transaction history on your Account. You should quote this transaction number when communicating with us about a particular currency conversion order. 

5. ACCOUNT MAINTENANCE 

GPG reserves the right, at our sole discretion and with or without prior notice to you, to apply limits and caps on GPG Services. These may include restrictions on transaction sizes, both minimum and maximum, daily processing volumes, velocity controls, and other relevant measures. 

6. SUSPENSION OR TERMINATION OF ACCESS 

We may suspend or terminate your ability to access our Platform, at any time if we believe you may have violated these Terms or other agreements for the use of our Services, or that you may create risk or possible legal exposure for us. We may also suspend your ability to access our Services if you have not accessed your GPG Account for more than twelve months. 

Suspension or termination may also include the removal of some, or all the materials uploaded by you. You acknowledge and agree that all suspensions or terminations may be made by GPG in its sole discretion and that GPG will not be liable to you or any third party for any suspension or termination of your access or removal of any of the materials uploaded by you to the GPG Platform. Only for the period that GPG believes necessary to address or prevent the problems that led to the suspension, will GPG suspend your access. Any suspension or termination by GPG will be in addition to all other rights and remedies that GPG may have. 

7. ACCOUNT CLOSURE 

You can request for the closure of your GPG Account, according to the conditions of your GPG Account agreement(s), by requesting it (by email or through any then-available interfaces) and stopping the use of the GPG Services. Once your GPG Account is closed, you will lose access to GPG Services. 

8. FEES AND CHARGES 

The Company provides the Services on a fee basis. This means that for the Services, the Company delivers to the Client, it retains a Commission. 

The Commission amount is specified at the moment of making a Transaction or Exchange Operation. When making a Transaction or Exchange Operation the Client agrees to the Commission amount withheld by the Company. 

The Commission for the Services is withheld from the Account Balance separately from the amount of funds you are willing to transfer or exchange. 

The Commission is withheld in the currency of Transaction or in the Currency that is subjected to Exchange Operation. 

The Company may charge the Client with additional expenses including but not limited to minor commission, network commission, etc., from time to time as could be applicable. 

If the Company miscalculates the Commission amount, the difference between wrongly withheld Commission and correct Commission will be adjusted from the funds available to the Client. Provided that the Account Balance is insufficient to withhold the outstanding amounts the Company will issue an invoice that the Client shall pay within 15 calendar days since the invoice was submitted. If the Company withholds Commission or fees for Exchange Operation in the amount more than it should have, then the Company will restore the wrongly withheld amount of funds back to the Account Balance. 

9. RETENTION OF ACCOUNT INFORMATION 

GPG may retain Account information and your User Content and Submissions for document retention, fraud prevention, and legal and compliance reasons, including following the termination of your GPG Account as outlined in GPG’s Privacy Policy.  

By using our Services, the user gives their consent to the collection, use, disclosure, and transfer (including cross-border transfer) of their personal information as outlined in our Privacy Policy. The Privacy Policy can be accessed on our Website. We are legally obligated to process the personal data of the user and Recipient for the purpose of preventing money laundering and terrorist financing. 

10. CUSTOMER SERVICE AND COMPLAINTS 

We are committed to providing to our Customers with high-quality Services. If a user is not satisfied with our Service or believes that a Transfer has not been executed correctly, they should contact us as soon as possible. For questions, complaints, or any other matters, the Sender can reach us through the following channels: 

i. Email: support@general-payments.com
ii.  Mail: SUITE 1700, 777 DUNSMUIR STREET VANCOUVER, BC, CANADA V7Y1K4 

11. RESTRICTED ACTIVITIES, JURISDICTIONS AND PERSONS 

To access our Platform, you represent and warrant that you: (i) are not located in a country that is subject to any government embargo or sanctions, including but not limited to Canadian, U.S., European Union, or United Nations sanctions; (ii) are not listed on any government list of prohibited or restricted parties; and (iii) will not use our Services for or in connection with any sanctioned country, organization, entity, or individual subject to global sanctions or restrictions. 

12. ACCOUNT SECURITY – USER OBLIGATIONS 

Users of our Services are solely responsible for account credentials and the security of this information. GPG cannot and does not guarantee the security of data transmitted over the Internet or other public networks in connection with your use. Any GPG Account must be kept secure, and you agree that you will not share or disclose your GPG Account credentials with anyone. 

You are required to promptly inform us if you suspect any compromise of your GPG Account. You recognize that you bear responsibility for all transactions carried out on your account. GPG disclaims any liability, whether financial or otherwise, for transactions resulting from your failure to implement secure computing and access practices or your unwillingness to do so. 

GPG will not be liable for any loss or damage arising from your failure to safeguard your GPG Account or from the  use by any third person of your credentials. You must use a strong password and limit its use to your GPG Account. 

13. NO WARRANTY 

UNLESS OTHERWISE SPECIFIED IN THESE TERMS , OUR PROVISION OF ACCEPTANCE SERVICES OPERATES ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND YOUR UTILIZATION OF THESE SERVICES IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE PROVIDE ACCEPTANCE SERVICES WITHOUT WARRANTIES, WHETHER EXPRESSED OR IMPLIED (INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT). WITHOUT LIMITING THE ABOVE, WE DO NOT ENSURE THAT THE ACCEPTANCE SERVICES (AND OUR WEBSITE) WILL OPERATE ERROR-FREE OR THAT DEFECTS OR ERRORS WILL BE CORRECTED; WILL MEET YOUR SPECIFIC REQUIREMENTS OR REMAIN ACCESSIBLE, UNINTERRUPTED, OR SECURE AT ANY GIVEN TIME OR LOCATION; ARE FREE FROM VIRUSES OR OTHER HARMFUL CONTENT. WE DO NOT ENDORSE, WARRANT, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE PROMOTED OR ADVERTISED BY A THIRD PARTY THROUGH ACCEPTANCE SERVICES OR OUR WEBSITE, AND WE WILL NOT BE INVOLVED IN NOR MONITOR ANY INTERACTIONS BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. 

14. LIMITATION OF LIABILITY 

EXCEPT AS OTHERWISE EXPRESSLY STATED IN THESE TERMS, GPG SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS, THEFT, DISAPPEARANCE, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST DATA, OR OTHER INTANGIBLE LOSSES ARISING FROM THE USE OF, INABILITY TO USE, OR UNAVAILABILITY OF THE ACCEPTANCE SERVICES. THIS APPLIES REGARDLESS OF THE FORM OF ACTION AND WHETHER OR NOT WE WERE AWARE THAT SUCH DAMAGES MIGHT OCCUR. FOR CUSTOMERS USING GPGSERVICES, WHILE THIS LIMITATION OF LIABILITY EXCLUDES LOST PROFITS AND OTHER INDIRECT DAMAGES, GPGDOES NOT OTHERWISE EXCLUDE LIABILITY FOR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. 

IN NO EVENT SHALL GPG BE LIABLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, VIRUS TRANSMISSION, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE ACCEPTANCE SERVICES, YOUR ACCOUNT, OR ANY INFORMATION CONTAINED THEREIN. 

GPG’S LIABILITY FOR ANY DAMAGES ARISING IN CONNECTION WITH THE ACCEPTANCE SERVICES OR THESE TERMS SHALL NOT EXCEED THE FEES EARNED BY US IN CONNECTION WITH YOUR USE OF THE ACCEPTANCE SERVICES DURING THE 6-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY. THESE LIMITATIONS OF LIABILITY APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. 

15. DO NOT RELY ON INFORMATION ON THIS SITE 

The Site’s content is intended only for general information. It is not recommended to rely on the content because it may not be correct, complete, up-to-date, or unaltered. It is not meant to be advice that you should rely on, and it should not be taken as a recommendation for any particular product or service. This website’s content should not be construed as a substitute for professional guidance in any way. Before acting or refraining from acting based on the content on the Site, you must seek the advice of an expert or professional. GPG does not intend for the content of the Site to be interpreted as an offer to sell any product or service. 

Although GPG makes reasonable efforts to update the information on the Site, GPG makes no representations, warranties or guarantees, whether express or implied, that the content on the Site is accurate, complete or up to date. 

You are provided with all content on the Site “as is” and without any express or implied warranties, such as those of merchantability, fitness for a particular purpose, title, non-infringement, security, or accuracy. 

Any opinions, recommendations, or statements made by parties other than GPG on the Site are not endorsed by GPG, and to the extent permitted by law, GPG is not responsible for their accuracy or reliability. 

Any loss or damage incurred by you or any third party as a result of relying on information obtained from, contained in, or published on the Site is beyond the control of GPG. The accuracy, completeness, and usefulness of any opinions, suggestions, or other content found on the Site are entirely up to you. 

16. INTELLECTUAL PROPERTY  

The Client hereby acknowledges and agrees that nothing in these Terms, or any of the documents or transactions referenced herein, shall be deemed to transfer, assign, grant, or license any right, title, or interest of any kind in, and that the Client shall at no time have or acquire any right or claim to, any intellectual property generated, created, produced, purchased, owned by or licensed to the Company, including, without limitation, any rights in the Company’s Website, trademark or any other service mark, trade dress, photograph, video graphic work, audio ideographic work, text, program or other intellectual property appearing in, on, at or in association with the Company or any Website or advertisement thereof. 

Upon termination for any reason, all right, title, and interest in and to the Company’s intellectual property shall remain with the Company, the Client shall have no right to the use thereof, and the Client shall immediately cease the use of all such intellectual property in any manner whatsoever. 

The Client is prohibited from republishing material from this Website, including on other websites; selling, renting, or sub-licensing material from the Website; displaying any material from the Website in public; reproducing, duplicating, copying, or otherwise exploiting material from the Website for commercial purpose or otherwise editing or modifying any material on the Website; and redistributing material from this Website 

17. BANNED ACTIVITIES 

The Website and Services can only be used for lawful purposes. 

Do not use the Website and any other Products in such a way that violates Canadian, another country, or international laws or regulations. 

Do not use the Website and Services to exploit, harm, or attempt to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise. 

Do not use the Website and the Services to send or receive or otherwise handle materials which do not comply with these Terms and Conditions. 

Do not use the Website and the Services to republish, redistribute or retransmit any data from any of our communications and analytics our permission. 

Do not use automated means to access the website for any reason. 

Do not create any financial product or service based on Services. 

Do not attempt to interfere with the proper working of the Website. 

Do not use the Services or Website in any way not expressly permitted by these Terms and Conditions of the Website and the Services must be carried out lawfully and not in such a way that could damage our reputation or those of our affiliates or partners. 

18. GPG IS A PAYMENT SERVICE PROVIDER  

Our relationship with you under this Agreement with you is as a payment service provider, and GPGis an independent contractor for all purposes. GPGis not your agent or trustee. 

19. INDEMNITY 

You hereby agree to indemnify GPGand save it harmless against any losses, damages, costs, liabilities and expenses (including without limitation, legal expenses) incurred or suffered by GPGarising out of any breach by you of any provision of these Terms or arising out of any claim that you have breached any provision of these terms. 

20. LINKS 

From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s). 

All information, including personally identifiable information that you provide while accessing or using the website, is subject to the Privacy Policy. The Privacy Policy is hereby incorporated into and forms part of these Terms and Conditions. By accessing and using this website you agree to the use and disclosure of the information you submit on the website as outlined in the Privacy Policy.  

21. ENTIRE AGREEMENT  

This Customer Agreement, along with any applicable policies and agreements on incorporated herein and on our Website, sets forth the entire understanding between you and GPG with respect to the Services. Certain terms that by their nature should survive, will survive the termination of this Agreement. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. 

22. SEVERABILITY 

If a provision of these terms is determined by any court or other competent authority to be unlawful and/ or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect. 

23. ASSIGNMENT 

You may not transfer any of your rights or obligations under these Terms and Conditions without our prior written consent. We may transfer any of our rights or obligations under these Terms and Conditions without your prior written consent to any of our affiliates or in connection with any joint ventures, sales, or acquisitions. 

24. FORCE MAJEURE 

The Company will not be liable to you for any failure of or delay in the performance of its obligations under these Terms and Conditions for the period that such failure or delay is due to causes beyond GPG’s reasonable control, including but not limited to acts of God, pandemics, natural disasters, power outages, internet disconnectivity, war, strikes or other labor disputes, embargoes, government orders or any other force majeure event. 

25. UPDATES  

We reserve the right to revise our Terms and/or Service Agreement at any time. We will make an effort to inform you of any updates by providing written notice to the contact you specify in our Service Agreement. Changes to these Terms may occur at any time, with or without prior notice, and you acknowledge and accept the responsibility of regularly checking these Terms for updates. 

26. ADVICE AND CONTENT DISCLAIMER 

No Content should be relied upon as legal, accounting, financial, tax, or other professional advice. 

27. INTERPRETATION 

Unless the context requires otherwise, references to the plural include the singular and vice versa, and references to a part include the whole and vice versa. The term “including” means “including without limitation,” and references to “hereunder” or “herein” relate to these Terms and Conditions. Section headings are included for convenience only and do not affect the interpretation of any provisions. 

28. OTHER INFORMATION ABOUT THESE TERMS OF SERVICE 

Our failure to act with respect to a breach of any of your obligations under this Agreement by you or others does not waive our right to act with respect to subsequent or similar breaches. 

This Agreement, including any terms and conditions incorporated herein, is the entire agreement between you and us relating to the subject matter hereof, and supersedes any and all prior or contemporaneous written or oral agreements or understandings. This Agreement is between you and us. No other person shall have any rights to enforce any of its terms. This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and us. 

29. GOVERNING LAW AND JURISDICTION  

Without regard to principles of conflict of law, the laws of Canada that are currently in effect will be used to interpret these terms. All rights and remedies are cumulative, regardless of whether they are granted by this agreement or by law. 

The User and GPG hereby irrevocably consent to the Canadian courts’ exclusive jurisdiction.