Terms and Conditions

1. Transaction Processor

   You understand that the Transaction Processor may not have consented to and/or endorsed, and/or may not have knowledge of its inclusion as a designated Transaction Processor, and/or access by you to its Online Service, and that in the context of UseMyServices Inc. as an acting agent on your behalf, and not on the behalf of any Transaction Processor. You understand that UseMyServices Inc. acts as a facilitator to the Transaction Processors for your convenience, but that (i) if you activate such a facilitation you will be using UseMyServices Inc. to access the Transaction Processor web site, and (ii) you are responsible for Pre-Authorized Debit payments, bill payments or email money transfer made by you using this service.

2. Description of use

   UseMyServices Inc. is a service that facilitates account information and bill payment or email money transfer from your preferred online Transaction Processor. The Processors and sources of your accounts and/or online accounts are referred to in these Terms as “Transaction Processors”. The account information that is collected for and/or from these Transaction Processors is used on your behalf (ie. account information, Bill payee, etc). In order to access the account information from these Transaction Processors, UseMyServices Inc. may request your online Login Information. “Login Information” is your user ID, password, Personal Information Number (PIN), and other information that provides online access to the appropriate account information and billing facilities. The terms “Login Information” and “Account Information” are collectively referred to in these Terms as “Buyer Information.” Please note account access from these Transaction Processors will be used to process bill payment or email money transfer from the selected account and at no time will the account information of login information be logged, and hence cannot be used in the facilitation of any transactions. Customers using Pre-Authorized Debit will not be asked for online login information, UseMyServices Inc. will request that necessary legal documents and forms be signed by the Buyer and only bank information that is needed to process Pre-Authorized Debit Payments will be requested. UseMyServices Inc. is simply a facilitator, all rules and regulation governing the transferring of funds is provided by its Transaction Processors. Transaction Processors may prohibit the disclosure of Login Information or deny liability to the user if Login Information is disclosed.

3. Your authorization of UseMyBank services

   Online accounts access is provided by you from the Transaction Processors. By providing Bank Account and Legal Documents and/or Login Information, you authorize UseMyServices Inc. and its facilitation service to act as your agent to make Pre-Authorized Debit Payments and/or access, retrieve your Account Information, and make bill payments or email money transfer from the web sites of your Transaction Processors site on your behalf. You hereby grant UseMyServices Inc. and its facilitation service a limited power of attorney, and you hereby appoint UseMyServices Inc. and its facilitation service 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 Transaction sites, 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 UseMyServices Inc. AND ITS FACILITATION SERVICE ACCESSES AND RETRIEVES INFORMATION FROM THE TRANSACTION PROCESSOR, USEMYSERVICES INC. AND ITS FACILITATION SERVICE ARE ACTING AS YOUR AGENT, AND NOT THE AGENT OR ON BEHALF OF SUCH TRANSACTION PROCESSOR. You agree that the Transaction Processors will be entitled to rely on the foregoing authorization, agency and power of attorney granted by you to UseMyServices Inc.. You also authorize UseMyServices Inc. and its respective authorized agents and assignee’s to receive your Information, to provide that information to its facilitation service in accordance with the terms of the UseMyServices Inc. Privacy Policy Statement. UseMyServices Inc. is not responsible for any fees that are associated with the facilitation of these services as it relates to Pre-Authorized Debit Payment, Bill Payment or email money transfer through the Transaction Processor and/or third parties.

4. Code of Practice

   UseMyServices Inc. endorses the Canadian Code of Practice for Consumer Debit Card Services and is committed to maintaining and/or exceeding the level of customer protection for all its clients. Note: this is a voluntary code.

5. Disclaimer of Warranties

   While MOGO uses reasonable efforts to include accurate and up-to-date information on this Site, it makes no representations or warranties as to the truth, accuracy, reliability, usefulness, timeliness or completeness of that information. MOGO does not guarantee that the Site or services provided on or by the Site will be sufficient or appropriate for every individual or situation. THE SITE AND THE CONTENT ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS, AND YOU USE THIS SITE AT YOUR OWN RISK. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. THE INFORMATION PROVIDED MAY NOT BE ACCURATE OR CURRENT, MAY NOT APPLY TO YOUR PARTICULAR SITUATION, OR MAY NOT BE SUITABLE OR APPROPRIATE FOR YOU. MOGO STRONGLY URGES YOU TO CONSULT A PROFESSIONAL OR SOME OTHER AUTHORITY IN THE APPROPRIATE FIELD BEFORE USING ANY OF THE INFORMATION IT PROVIDES, AND YOU ACKNOWLEDGE THAT THE SITE IS NOT INTENDED TO, AND SHOULD NOT BE CONSIDERED TO, PROVIDE ANY LEGAL, TAX, FINANCIAL PLANNING OR ACCOUNTING ADVICE. If you require advice in such fields, you should consult the appropriate professional advisors.
   When using the Site, information will be transmitted over a medium that is beyond the control and jurisdiction of MOGO. Accordingly, MOGO ASSUMES NO LIABILITY FOR OR RELATING TO THE DELAY, FAILURE, INTERRUPTION OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH USE OF THE SITE. MOGO MAKES NO WARRANTY OR REPRESENTATION THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. MOGO DISCLAIMS ALL LIABILITY FOR ANY COMPUTER VIRUSES, WORMS OR OTHER DAMAGING, INVASIVE OR DISABLING COMPUTER CODE THAT MAY BE LOADED INTO USERS’ COMPUTERS WHEN USERS DOWNLOAD DOCUMENTS FROM THIS SITE. You are strongly advised to obtain and use appropriate anti-virus and security software. TO THE FULLEST EXTENT PERMITTED BY LAW, MOGO HEREBY EXPRESSLY DISCLAIMS AND BY USING THIS SITE YOU WAIVE ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED CONDITIONS, REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY, COMPATIBILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS OR FITNESS FOR PARTICULAR PURPOSE, AND MOGO MAKES NO REPRESENTATION OR WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE SITE.
   You specifically agree that MOGO shall not be responsible for unauthorized access to or alteration of the Site or your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through the Site. You specifically agree that MOGO is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights. You specifically agree that MOGO is not responsible for any content sent using or included in the Site by any third party.

6. Limitation of Liability

   TO THE FULLEST EXTENT PERMITTED BY LAW, NONE OF MOGO OR ANY THIRD PARTIES MENTIONED ON THE SITE ARE NOR WILL THEY BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE (OR INABILITY TO USE) THE SITE, THE CONTENT, THE INFORMATION ON OR AVAILABLE THROUGH THIS SITE, OR ARISING OUT OF ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MOGO IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST MOGO, AND ITS AFFILIATES, AGENTS, REPRESENTATIVES AND LICENSORS ARISING OUT OF YOUR USE OF THE SITE AND THE INFORMATION AVAILABLE ON IT. IF FOR ANY REASON OR IN ANY CIRCUMSTANCE MOGO IS FOUND LIABLE TO YOU, THE MAXIMUM AGGREGATE LIABILITY TO YOU, FOR ANY AND ALL CLAIMS ARISING IN ANY WAY IN RELATION TO YOUR VIEWING OR USE OF THE SITE. YOUR ACQUISITION OR USE OF ANY PRODUCT OR SERVICE AVAILABLE ON OR THROUGH THE SITE, OR OTHERWISE, IS CDN$10.00

7. Indemnification

   You agree to reimburse MOGO, its directors, officers, agents, employees, partners, and service providers (collectively, “Indemnities” and each an “Indemnity”) for all losses, damages, and costs, including reasonable legal counsel fees, arising in relation to any breach by you of these Terms of Use and/or your use or misuse of the Site or any Content, unless MOGO settles any action or claim regarding which it seeks reimbursement from you without first seeking your approval of such settlement and permitting a reasonable period of time (not to exceed 5 business days) for your response.

8. Private Policy

   We treat privacy very seriously. Any personal information you provide to us will be dealt with as described in our Privacy Policy, which can be viewed at this location:

9. Dispute Resolution

   All Claims, and any dispute or controversy between you and MOGO, whether arising out of or relating to the use of the Site, the goods or services provided by or through the Site or MOGO, or any acts or omissions for which you may contend MOGO is liable, including but not limited to any claim or controversy as to arbitrability, (collectively “Disputes”) will be finally and exclusively settled by arbitration under the Manitoba Arbitration Act, as amended or replaced, such arbitration occurring in Winnipeg, Manitoba and conducted under the ADR Institute of Canada, Inc. “National Arbitration Rules,” as amended or replaced, such arbitration to occur in Winnipeg, Manitoba and be conducted and decided by a single neutral arbitrator, chosen by the parties mutually or, if the parties cannot agree upon a mediator within 21 days following either party notifying the other of its intent to arbitrate, each party will appoint an arbitrator of its choice and such arbitrators will, between them, choose a single arbitrator who shall then conduct the arbitration as described herein. The decision of the arbitrator, or of a majority of the arbitrators if more than one is appointed, will be final and binding. Each party will bear its own costs plus one-half of the arbitration costs, including without limitation arbitrator’s fees and arbitration site rental fees, on an ongoing basis, but the prevailing party will be entitled to recover all of its costs reasonably incurred in relation to the arbitration and of any related judicial proceeding, including reasonable legal counsel fees.
   Despite the paragraph above, the arbitrator of any Dispute will not have the power to award damages that exceed the lesser of actual compensatory damages or the limits indicated in these Terms of Use or any other specific terms contained in any secondary or other agreement between MOGO and you.