Updated: November 22, 2023
PLEASE ENSURE THAT YOU CAREFULLY READ THESE TERMS AND CONDITIONS AS THEY CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND MONEXIN FINANCIAL SERVICES LTD. (“MONEXIN”, “WE”, “OUR” or “US”) REGARDING THE ACCESS AND USE OF MONEXIN’S WEBSITE LOCATED AT WWW.MONEXIN.COM, INCLUDING ANY SUBDOMAINS USED IN CONNECTION WITH OR RELATED TO THE SAME, AS WELL AS ANY FUTURE VERSIONS (“WEBSITE”), AND MONEXIN MOBILE APPLICATIONS (“MONEXIN APP”). TOGETHER, THE MONEXIN APP AND THE WEBSITE FORM THE (“MONEXIN PORTAL”).
These terms and conditions are applicable to all individuals who use the Monexin Portal. This includes merchants, service providers, individuals who download the Monexin app, and those who access the content on or available through the website.
To use the Monexin Portal, you must be 14 years of age or older in Quebec, or 13 years of age or older in the rest of Canada, if you are a resident or citizen of Canada. It is not permitted to use the Monexin Portal on behalf of another individual or entity. The terms “user,” “you,” or “your” refer to the individual accessing or using the Monexin Portal or the Monexin services.
The Monexin Portal is utilized to provide financial services, which may be subject to additional terms and conditions such as the Monexin Cardholder Agreement and Money Account Agreement.
By accessing, browsing, and using the Monexin Portal, you acknowledge that you have read and accepted these terms and conditions. If you do not agree to these terms and conditions, you may not access or use the Monexin Portal.
1. Operations at MONEXIN
1. All information provided by you through or for the MONEXIN PORTAL, including information used to create a MONEXIN Account or in connection with your use of the MONEXIN Services, must be true, accurate, current, and complete.
2. It is essential to keep your MONEXIN Account secure, and you agree not to share or disclose your MONEXIN Account credentials with anyone. MONEXIN will not be held responsible for any loss or damage resulting from your failure to safeguard your MONEXIN Account or the unauthorized use of your credentials. Make sure to use a strong password and restrict its use to your MONEXIN Account. Access to the MONEXIN PORTAL may be suspended or terminated at any time if we suspect a violation of these Terms and Conditions or other agreements for the use of the MONEXIN PORTAL or MONEXIN Services, or if we believe it may create risk or potential legal exposure for us. We may also suspend your access if: (i) you have not accessed your MONEXIN Account for more than twelve months, or (ii) to maintain or protect the integrity or operation of the MONEXIN PORTAL. Suspension or termination may involve the removal of some or all of the materials uploaded by you. You acknowledge and agree that MONEXIN retains sole discretion in making suspensions or terminations, and MONEXIN will not be liable to you or any third party for any suspension or termination of your access or removal of materials uploaded by you to the MONEXIN PORTAL. MONEXIN will only suspend your access for as long as necessary to resolve or prevent the issues leading to the suspension. Any suspension or termination by MONEXIN is in addition to any other rights and remedies that MONEXIN may have.
3. If you wish to close your MONEXIN Account, you can do so by requesting the closure through email or any available interfaces. Additionally, you will need to cease using the MONEXIN PORTAL and the MONEXIN Services, and uninstall the MONEXIN App. Once your account is closed, certain MONEXIN Services will no longer be accessible. As per our Privacy Policy, we may retain your MONEXIN Account information, User Content, and Submissions for purposes such as document retention, fraud prevention, and legal and compliance requirements even after your account is terminated.
2. Allowed and disallowed usage of the MONEXIN PORTAL
1. Subject to your compliance with these Terms and Conditions, MONEXIN grants you a personal, revocable, non-exclusive, and non-transferable license to use the MONEXIN PORTAL in accordance with these Terms and Conditions. The MONEXIN PORTAL may only be used by customers in connection with MONEXIN Services (the “Permitted Use”). MONEXIN retains the right, at its sole discretion, to revoke its license and deny access to the MONEXIN PORTAL to anyone, at any time, and for any reason (or no reason at all), including, but not limited to, violations of these Terms and Conditions or use beyond the Permitted Use. Upon request by MONEXIN, you must immediately cease and desist from any such access or use of the MONEXIN PORTAL.
2. The availability of the MONEXIN PORTAL or specific MONEXIN Services may vary by jurisdiction and time. Additionally, nothing on the MONEXIN PORTAL constitutes an offer or solicitation to buy or sell any MONEXIN Services or other products or services in jurisdictions where such an offer or solicitation may be prohibited by law. MONEXIN has the right to change or allow a third party to change any information, material, or content (including, but not limited to, price, features, availability of products, services, offers, and rewards) provided through the MONEXIN PORTAL at any time, and without notice or liability.
3. To gain access to the MONEXIN PORTAL, you must ensure that you meet the following conditions: (i) you are not located in a country under Canadian or U.S. Government embargo, or considered as a “terrorist supporting” country by the Canadian or U.S. Government; (ii) you are not included in any Canadian or U.S. Government list of prohibited or restricted parties; and (iii) you will not utilize the MONEXIN PORTAL or MONEXIN Services in or for the advantage of a country, organization, entity, or person that is embargoed or blocked by any government, including any individual/entity on government-sanctioned lists.
4. The MONEXIN PORTAL or any Content may not be used for purposes other than the applicable Permitted Use. This includes but is not limited to “framing”, “mirroring” or otherwise incorporating the MONEXIN PORTAL, the MONEXIN Services or the Content or any part thereof on any commercial or non-commercial website. Additionally, accessing, monitoring or copying any part of the MONEXIN PORTAL, the MONEXIN Services or the Content using any robot, spider, scraper or other automated means or any manual process for any purpose without MONEXIN’s express written permission is prohibited. It is important not to violate any laws or the restrictions in any robot exclusion headers on the Content or the MONEXIN PORTAL, or bypass or circumvent other measures employed to prevent or limit access to the MONEXIN Services or the MONEXIN PORTAL. Moreover, removing (or permitting anyone else to remove) any watermarks, labels or other legal or proprietary notices included in the MONEXIN PORTAL or the Content is strictly prohibited. Attempting to modify the MONEXIN PORTAL or any MONEXIN Services, including any modification for the purpose of disguising or changing any indications of the ownership or source of the MONEXIN PORTAL, is not allowed. The forgery of headers or manipulation of identifiers in order to disguise the origin of any material transmitted to or through the MONEXIN PORTAL or impersonate another person or organization or misrepresent their affiliation with a person or entity is strictly prohibited. It is imperative not to attempt to, assist, authorize or encourage others to circumvent, disable or defeat any of the security features or components, such as digital rights management software or encryption, that protect the MONEXIN PORTAL or the MONEXIN Services. Copying, reproducing, modifying, translating, distributing, transferring, selling, publishing, broadcasting, performing, transmitting, licensing or circulating in any form any part of the MONEXIN PORTAL or the Content is not permissible. Licensing, selling, renting, leasing, transferring, assigning, distributing, hosting, or otherwise commercially exploiting the MONEXIN PORTAL is strictly prohibited. Creating derivative works based on the MONEXIN PORTAL, the MONEXIN Services or the Content, in whole or in part, or decompiling, disassembling, reverse engineering, or otherwise exploiting any part of the MONEXIN PORTAL, the MONEXIN Services or the Content is not allowed. The use or access of the MONEXIN PORTAL in a manner that violates the rights (including, but not limited to contractual, intellectual property or proprietary rights) of any third party is strictly prohibited. Finally, uploading or transmitting through the MONEXIN PORTAL any offensive, harmful, tortuous, hateful, obscene, defamatory, or otherwise objectionable information, images, text, data, media, or other content that violates any laws or is otherwise objectionable, as determined by MONEXIN in its sole discretion, is strictly prohibited.
3. General Terms
1. The MONEXIN PORTAL enables Customers and other Users to access various services, including financial services provided in collaboration with other financial institutions, as well as rewards and other products and services (collectively referred to as “MONEXIN Services”), some of which are offered by Merchants through the MONEXIN PORTAL. Customers and Merchants collectively form the “Users” of the MONEXIN PORTAL, and these Terms and Conditions are applicable to all Users. These Terms and Conditions are specifically for accessing and using the MONEXIN PORTAL and are supplementary to any separate agreements with MONEXIN regarding MONEXIN Services. In the event of any contradiction between these Terms and Conditions and any additional agreements, the terms of such additional agreements shall take precedence.
2. MONEXIN’s Privacy Policy (“Privacy Policy”) applies to the MONEXIN PORTAL and MONEXIN Services, and can be found at www.MONEXIN.COM or requested upon. The Privacy Policy may be modified periodically. By accepting these Terms and Conditions, you also agree to the terms of the Privacy Policy and commit to reviewing them regularly as they may be revised.
3. These Terms and Conditions are agreed upon by you and MONEXIN. We may engage third-party Service Providers, such as merchants, financial service providers, and other parties, for one or more MONEXIN Services or their components. MONEXIN is solely responsible for the MONEXIN PORTAL, including its content and any maintenance or support. However, you acknowledge that the Service Providers and their affiliated entities are third-party beneficiaries of these Terms and Conditions. By accepting these Terms and Conditions, the Service Providers have the right to enforce them against you as third-party beneficiaries for their respective services. Subject to applicable law, we reserve the right to limit, suspend, or make changes to any aspect of the MONEXIN PORTAL, and we may alter all or some parts of these Terms and Conditions at any time. In case of any changes to these Terms and Conditions or any significant aspect of the MONEXIN PORTAL, we will notify you in advance by posting a notice and the revised Terms and Conditions on the MONEXIN PORTAL. Additionally, if you have a MONEXIN Account, we will send you a notice using your registered email or mailing address. By continuing to use the MONEXIN PORTAL after receiving such notice, you signify your consent to the amendments made to these Terms and Conditions or any other aspect of the MONEXIN PORTAL. If you do not agree to such amendments, you have the option to cease using the MONEXIN PORTAL without incurring any cost or penalty.
4. Copyrighted proprietary content.
1. Content and Intellectual Property
1. MONEXIN Content and User Content. The MONEXIN PORTAL, excluding User Content, is owned by us and protected by copyright, trademark, and other intellectual property laws. We expressly reserve all rights, titles, and interests in the MONEXIN PORTAL and MONEXIN Content, excluding User Content. You acknowledge that all right, titles, and interests in the MONEXIN PORTAL and MONEXIN Content, and all other materials provided by MONEXIN in connection with these Terms and Conditions, and any modification or derivative work thereof, and all intellectual property rights therein, including without limitation moral rights, will remain with MONEXIN (or third-party suppliers or licensors, if applicable), and that the MONEXIN PORTAL and MONEXIN Content and all materials provided by MONEXIN hereunder are licensed and not sold to a user. User Content on the MONEXIN PORTAL is the sole responsibility of the Users. MONEXIN Members are not liable for any User Content, including any loss or damage incurred from viewing or using such materials. MONEXIN may monitor User Content, but the accuracy and quality are not guaranteed. Personally identifiable information in User Content is handled in accordance with the MONEXIN Privacy Policy. All other User Content is considered non-confidential. By submitting, posting, or displaying User Content on or through the MONEXIN PORTAL or otherwise to MONEXIN, you are granting MONEXIN worldwide use of the User Content. MONEXIN has the right to use, remove, reproduce, modify, edit, copy, adapt, publish, translate, create derivative works from, distribute, transmit, perform, display, and otherwise use the User Content, either in whole or in part. You are also waiving your moral rights to the User Content. MONEXIN has the right to pursue legal action against anyone who violates your or MONEXIN’s rights in the User Content by breaching the Terms and Conditions. You must ensure that you have the necessary rights, power, and authority to grant these rights to any User Content you submit. Please note that MONEXIN is not obligated to post or display any User Content on the MONEXIN PORTAL.
2. The utilization of MONEXIN Content and User Content by other Users is permitted solely for the applicable Permitted Use. Should you choose to print extracts from the MONEXIN PORTAL for your personal, non-commercial use, it is important that you refrain from making any alterations to the digital or paper materials themselves, or utilizing any graphics, pictures, photographs, or videos independently from their corresponding text.
2. Various regulations regarding User Content
1. To make Submissions or provide other User Content, you can use the capabilities of the MONEXIN PORTAL. Submissions are a subset of User Content. In addition to the representations and warranties stated in these Terms and Conditions, you represent and warrant that you will not post or transmit any material or content on the MONEXIN PORTAL that does or may: (i) violate any applicable local, provincial, territorial, federal, national, or international law; (ii) be unlawful or fraudulent; (iii) constitute unauthorized advertising; (iv) include any defamatory, obscene, or offensive material; (v) promote violence or discrimination; (vi) infringe on the intellectual property rights of another person; (vii) breach any legal duty owed to a third party, such as a duty of confidence; (viii) promote illegal activity or invade someone else’s privacy; (ix) create the impression that they originate from us; or (x) be used to impersonate another person or misrepresent your affiliation with someone else. You will be solely responsible for any damages resulting from any violation of the aforementioned restrictions or any other harm resulting from your posting of Submissions or other User Content to the MONEXIN PORTAL.
2. The status of submissions on the MONEXIN PORTAL can be modified or removed by us at any time if we determine that they violate the restrictions mentioned in the User Content section or if they are objectionable or could potentially cause harm or liability for us or any third parties. It is important to note that any submissions on the MONEXIN PORTAL are solely for informational purposes and do not constitute advice from us or represent the opinions of any MONEXIN members. User content may reflect the opinions of customers who have operated through the MONEXIN PORTAL, and any statements, advice, or opinions provided by such individuals are their own. Therefore, neither MONEXIN nor any MONEXIN members assume any responsibility or liability for user content, including any errors, defamation, obscenity, omissions, or false information that may be encountered. MONEXIN has the discretion to attribute your Submissions, such as including the date, user’s name, and province or territory of residence, in any User’s rating or review that you submit on the MONEXIN PORTAL. These User Content can be visible to other Users and visitors to the MONEXIN PORTAL. You acknowledge and give consent to MONEXIN associating your given name and province or territory of residence with your Submissions. All Submissions may undergo moderation before publication to ensure compliance with our content guidelines.
5. Advertising, Notifications/Alerts, usage of portable devices.
1. MONEXIN may distribute marketing or promotional materials to you through various channels, including the MONEXIN PORTAL, mail, phone, email, text, or other methods. When providing such materials, MONEXIN may have agreements in place that entitle us to receive referral or other fees from third parties. For more information about how we use and protect your personal information for marketing purposes, please refer to MONEXIN’s Privacy Policy, which is available at www.MONEXIN.COM.
2. MONEXIN may periodically send you automatic alerts and voluntary MONEXIN Account-related alerts. Automatic alerts may be triggered by changes in your account or information, such as updates to your registration details. Voluntary account alerts may be enabled by default as part of the MONEXIN Services and can be customized, deactivated, or reactivated by you. MONEXIN reserves the right to introduce new alerts or discontinue certain alerts at any time, according to its sole discretion. It is important to acknowledge that alerts delivered through the MONEXIN PORTAL or the MONEXIN Services may experience delays or be obstructed by various factors. While MONEXIN will make reasonable efforts to provide timely and accurate alerts, the delivery, timeliness, and accuracy cannot be guaranteed. MONEXIN will not be held liable for any delays, failures, or misdirections of alerts, any errors in the content of the alerts, or any actions taken or not taken by you or a third party based on an alert.
3. We may offer features that rely on additional information stored on your mobile device or require access to specific services on your device. These features are designed to enhance your experience with the MONEXIN PORTAL and MONEXIN Services, although they are not mandatory for most MONEXIN Services. For instance, you might have the ability to upload photos to your profile, connect with friends, or utilize location data for area-based rewards, offers, and merchant services. Granting access to such services will only serve the purposes outlined when you grant the access.
6. Renewals and access
1. The MONEXIN PORTAL or any MONEXIN Service may experience occasional unavailability due to maintenance, computer or network equipment malfunction, or other factors. MONEXIN reserves the right to add or update information and materials on the MONEXIN PORTAL without prior notice. While our goal is to make the MONEXIN PORTAL available 24 hours a day, we do not guarantee uninterrupted access, and neither MONEXIN nor MONEXIN Members will be held responsible if the MONEXIN PORTAL is unavailable at any time or for any duration.
7. Links and Marketing
1. If you choose to engage in any business transactions with advertisers whose products or services may be advertised on the MONEXIN PORTAL, you acknowledge and agree that these transactions are solely between you and the advertisers. Furthermore, you acknowledge and agree that neither MONEXIN nor MONEXIN Members will be held responsible or liable for any losses or damages that you may experience as a result of such transactions.
2. The MONEXIN PORTAL may include links to third-party websites for your convenience. By using these links, you will be directed away from the MONEXIN PORTAL. Please note that we have not reviewed or control these third-party websites, including their content or availability. MONEXIN does not endorse or guarantee these websites, their content, or the outcomes of using them. If you choose to access any linked third-party websites, you do so at your own risk and are subject to the terms and conditions of those websites. MONEXIN reserves the right to prohibit or remove any link to the MONEXIN PORTAL that violates our content guidelines at any time.
8. Various provisions
1. MONEXIN cannot guarantee the confidentiality of any communication that you make to or through the MONEXIN PORTAL. While MONEXIN follows the industry standards to secure data transmission to, from, and through the portal, it’s important to understand that the security of data transmitted over the Internet or public networks cannot be guaranteed. By accessing the MONEXIN PORTAL, you acknowledge that MONEXIN is not responsible for any damages or losses that may occur as a result of your electronic transmission of confidential or sensitive information to us.
2. The downloading and viewing of the MONEXIN PORTAL or the Content is done at your own risk. MONEXIN cannot guarantee or warrant that the MONEXIN PORTAL or the Content are compatible with your computer system or that they will be free of viruses, worms, malware, trojan horses, or any other code with contaminating properties. It is your responsibility to implement safeguards to protect the security and integrity of your computer system, and you will be responsible for the entire cost of any service, repairs, or connections necessary as a result of your use of the MONEXIN PORTAL.
3. Although we make efforts to ensure the accuracy of the information on the MONEXIN PORTAL, we cannot guarantee its completeness or absolute accuracy. We reserve the right to modify the Content, including prices and offers, without prior notice. It is possible that the Content may be outdated, and we do not commit to updating it. None of the Content should be considered as legal, accounting, financial, tax, or any other form of professional advice.
9. Absence of implied warranties and restrictions on liability
1. The Monexin Portal and the Content are provided without any implied warranties. They are provided “as is” and Monexin disclaims all warranties, representations, and conditions, whether express or implied, including warranties and conditions of merchantability, fitness for a particular purpose, and non-infringement. Monexin does not guarantee that the Monexin Portal or the Content will be error-free or operate without interruption.
2. Merchants offering products or services through the Monexin Portal are independent persons or organizations and not representatives, agents, or employees of Monexin. The Monexin Parties are not liable for the acts, errors, omissions, representations, warranties, contractual breaches, or negligence of any merchants. They are also not liable for any personal injury, death, property damage, or other damages, losses, or expenses resulting from such acts or omissions. The Monexin Parties take no responsibility for the products or services offered by merchants.
3. The total aggregate liability of the Monexin Parties in connection with or under these terms and conditions, including the use of, or inability to make use of, the Monexin Portal or the Content, will not exceed CDN $200.00 (Two Hundred Canadian Dollars). It is important to note that the existence of one or more claims under these terms and conditions will not increase the maximum liability amount. The Monexin Parties, including Monexin and its affiliates, shareholders, officers, directors, agents, representatives, employees, parents, and subsidiaries, will not be liable for any damages of any kind, whether direct, indirect, incidental, consequential, special, exemplary, or punitive. This includes lost profits, loss of revenue, loss of use, loss of data, personal injury, fines, fees, penalties, or other liabilities. These damages may result from or be related to the use of, or the inability to make use of, the Monexin Portal or the Content. This limitation of liability applies regardless of whether the claim is based on warranty, contract, tort, negligence, strict liability, civil liability, or any other legal theory.
4. In this section, references to “Monexin” encompass Monexin’s affiliates, as well as the shareholders, officers, directors, representatives, agents, and employees of both Monexin and its affiliates. The limitations above demonstrate a fair distribution of risk which allows Monexin to make the Monexin Portal available to users. These limitations will continue to be in effect and apply, even if any limited remedy specified in these terms fails in its essential purpose.
10. Indemnity
1. You agree to protect, reimburse, and absolve the MONEXIN Parties from any threatened or actual claims, causes of action, demands, recoveries, losses, damages, fines, penalties, costs, expenses, or other liability of any kind or nature, including reasonable legal fees, incurred in connection with or as a result of:
A. your violation of these Terms and Conditions or any documents referred to herein;
B. your infringement of any law or the rights of a third party (including proprietary and/or intellectual property rights); or
C. your breach of, or failure to, perform in respect to any offers redeemed by you or by any third party acting on your behalf or with your permission.
2. MONEXIN reserves the right, at its own expense, to take over the exclusive defense and control of any matter otherwise subject to indemnification by you under this agreement, and you will cooperate fully as reasonably required by MONEXIN.
11. Applicable laws and adjudication
1. This Agreement will be governed by and interpreted in accordance with the laws of BC, Canada, and you agree to submit to the jurisdiction of the courts of it. These laws apply to your access to or use of the MONEXIN PORTAL, MONEXIN Services offered through the MONEXIN PORTAL, or the Content, regardless of your domicile, residency, or physical location. The MONEXIN PORTAL, MONEXIN Services, and the Content are intended for use only in jurisdictions where they can be lawfully offered.
2. MONEXIN has implemented a policy and procedure for handling customer complaints and disputes (“Complaint Resolution Policy”). If you have any disagreement, dispute, or complaint (collectively referred to as “Dispute”) concerning the MONEXIN PORTAL or these Terms and Conditions, please refer to the procedure outlined in our Complaint Resolution Policy, which can be found at www.MONEXIN.COM. Subject to applicable law, both you and us agree that any Dispute will be resolved on an individual basis. Any claims you may have must be filed individually, in your personal capacity and not as a representative plaintiff or a member of a class, and you will not combine such claims with those of any other individual or entity, or initiate, join, or participate in any form of class action lawsuit, collective action, or representative proceeding (whether existing or future) against any members of MONEXIN.
3. This provision does not prevent us from seeking interim remedies from a court, including preliminary or injunctive relief for any breach by you of our intellectual property rights.
12. Final provisions
1. MONEXIN may, at its sole discretion, provide any notices to you in connection with these Terms and Conditions through the MONEXIN PORTAL or via email at the current email address on file with MONEXIN. To contact MONEXIN in writing, use the following address: MONEXIN Financial Services Ltd., 1500 WEST GEORGIA, 13TH FLOOR, VANCOUVER, BC, V6G 2Z6, CANADA; or electronic mail: info@monexin.com . MONEXIN may update its notice contact information from time to time by posting revised contact details on the MONEXIN PORTAL. In situations beyond MONEXIN’s reasonable control, such as acts of God, natural disasters, power outages, internet disconnectivity, war, strikes or labor disputes, embargoes, government orders, or any other force majeure event, MONEXIN will not be held liable for any failure or delay in fulfilling its obligations under these Terms and Conditions.
2. Unless it is clearly indicated by the context: (a) the singular includes the plural, the plural includes the singular, and the part includes the whole; (b) “including” means “including, without limitation”; and (c) references to “hereunder” or “herein” pertain to these Terms and Conditions. The section headings in these Terms and Conditions are for reference and convenience purposes only and will not be considered in interpreting these Terms and Conditions.
3. MONEXIN will not be deemed to have waived any provisions or rights by failing to insist upon or enforce strict performance of any provision of these Terms and Conditions. If a court of competent jurisdiction determines that any provision in these Terms and Conditions is void, invalid, or unenforceable, the court will modify the provision to the fullest extent permitted by law in order to accomplish the objectives of the original provision, and the remaining provisions of these Terms and Conditions will remain in effect. These Terms and Conditions and all related documents were drafted in English at the express request of the parties. You are not permitted to 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 to any of our affiliates or in connection with any joint ventures, sales, or acquisitions without your prior written consent.
4. These Terms and Conditions, together with any referenced documents, constitute the entire agreement between MONEXIN and you concerning the subject matter herein, and supersede all prior communications and proposals, whether electronic, oral, or written, between you and MONEXIN regarding the MONEXIN PORTAL, unless otherwise stated herein.