HomeTerms of Use

Terms of Use

Definitions

  • Agreement”, “Terms” or “terms” means this terms of service including all subsequent amendments.
  • Force Majeure” means events or causes including, but not limited to, the following: an act of God, peril of the sea, unavoidable accident of navigation, war (whether declared or not), sabotage, riot, insurrection, civil commotion, national emergency (whether in fact or law), martial law, fire, flood, cyclone, earthquake, landslide, explosion, power or water shortage, failure of a transmission or communication network, epidemic, quarantine, strike or other labour difficulty or expropriation, restriction, prohibition, law, regulation, decree or other legally enforceable order of a government agency, breakage or accident, change of International, State or Commonwealth law or regulation or any damage of Aeon’s machinery or systems, unless occurring as a result of an act, omission, default or negligence of you or Aeon.
  • Aeon”, “we”, “us” or “our” means NexG Ventures Ltd. operating as “Aeon” with registered office at 150 King Street West, Suite 361, Toronto, ON Canada M5H1J9 and includes its successors and any person to whom it has assigned it rights under this Agreement.
  • Aeon website(s)”, “website” or “Website” means any URL, such as Aeonfinance.com, owned and operated by Aeon that we use to provide the Services to you.
  • Services” means all payment services and related products available through the Aeon website(s) and as explained in these terms of service.
  • User,” “you” or “your” means you and any other person or entity entering into this Agreement with us or using the Service.

 

This Agreement is a contract between you and Aeon and applies to your use of the Aeon services (the “Services”). These Services include (i) maintaining a pre-funded account balance for you and (ii) providing a platform to make cross-border payments out of this balance.

By registering for the Services, you must read, agree with and accept all of the terms and conditions contained in this Agreement. You agree that any use by you of the Services shall constitute your acceptance of the Agreement and we recommend that you store or print-off a copy of the Agreement (including all policies) for your records.

Please read this Agreement carefully and make sure that you understand it fully before using the Services. Please note that if you do not accept this Agreement, you will not be able to use the Services.

Our Relationship with You

Aeon is registered as a Money Services Business (“MSB”) in Canada with the Financial Transactions and Reports Analysis Centre of Canada (“FINTRAC”) to carry on foreign exchange dealings and money transfer services, with a registration number of M23589828.

As an MSB, we work with licensed payment service, remittance, or e-money service providers (the “PSPs”). When you provide your information to Aeon, such information may be shared, as required, with the respective PSPs in the markets for which you are undertaking a transaction and such PSPs shall have an independent right to your personal information. Please read our Privacy Policy for further details on the collection, disclosure and use of your information.

The main business for Aeon is cross-border payments which may include remittances and bill payments. Please note that Aeon is not a bank. To use the Services, you must sign up for an Aeon account (the “Account”). Once you transfer funds to your Account, your funds will be received in a bank account with one of Aeon’s banking partners. Aeon does not represent, and cannot guarantee, that your funds are or will be insured with the Canada Deposit Insurance Corporation or any similar crown corporation or body.

  1. Your Privacy

Protecting your privacy is very important to Aeon. Please see our Privacy Policy for details on the steps we take to protect your privacy.

In order to facilitate the opening of your account digitally, you authorize Aeon to disclose your personal information such as ID documents to third parties for the purpose of conducting customer due diligence. Once your account has been opened, you authorize Aeon to disclose your personal information as needed in investigations of fraud or other illegal activity where we believe it is reasonable and appropriate to do so.

Aeon may also disclose your personal information to an affiliated entity of Aeon, to financial institutions or other financial intermediaries.

  1. Transaction History

You can access your details of executed payment transactions and other information relating to your Account by logging into Aeon and clicking on the “My Transactions” tab.

  1. Duplicate accounts

Aeon may refuse to create duplicate accounts for the same user due to security and client identification requirements. Aeon reserves the right to refuse the creation of duplicate accounts or accounts which are linked to bank accounts not belonging to you due to security and client identification requirements. In such cases, Aeon reserves the right to close these accounts without notification.

  1. Eligibility

Services are only available to businesses and not to individuals. You represent and warrant to us that if you are not acting on behalf of an undisclosed principal or a third-party beneficiary.

Aeon reserves the right to refuse to accept any new user or any transaction at its discretion. If incomplete details are provided or if you do not provide information requested by Aeon to complete its customer verification and meet the anti-money laundering requirements as required by relevant authorities, Aeon reserves the right to refuse to proceed with the account opening and/or the transaction.

  1. Identity Verification

During the sign-up process of your Account, or at any other time deemed necessary by Aeon, you agree to provide us with, and consent to the processing of, any personal information about your directors, officers, ultimate beneficial owners, or authorized representatives (your “Controllers”) which we may request for the purposes of identity verification, providing Services to you, the detection of money laundering, terrorist financing, fraud, any other financial crimes, and other lawful purposes. You can withdraw your consent at any time by closing your Account with us. However, we will retain and continue to process your personal information for as long as your Account is active and for a limited period of time after, but only as necessary in order to comply with laws or regulations applicable to us or our partners.

The information we request may include copies of your organizational or corporate/incorporation documents, information about your use of the Account, the email address to be used or associated with your Account, and a description of goods/services that you sell or intends to sell.

The information we request about your Controllers may include personal information, including, but not limited to, your Controllers’ full legal name, date of birth, residential address, occupation, telephone number, e-mail address, proof of address, proof of financial account, and government identification or special categories of data (such as biometric information).

We may also request identity verification information from or about the recipient (“Receiver”) of a remittance transaction you initiate via our Services.

During the sign-up process of your Account, and to help us follow applicable identity verification rules, we may use a biometric system to verify your Controllers’ identity. As part of this process, we may require a photo of government-issued photo identification, a selfie, and a video of their face. If you use this identity verification method, you hereby consent to the collection, use and retention of your biometric information, and you understand that your biometric information will solely be used to confirm your identity.

You also authorize Aeon to conduct investigations or make inquiries, whether directly or through third parties, that we consider necessary to offer the Services, verify your identity or to protect you, other customers, Aeon’s partners and/or Aeon against fraud or other financial crime, and to take action we reasonably deem necessary based on the results of such inquiries. When we carry out these inquiries, you acknowledge and agree that your personal information may be disclosed to credit monitoring agencies and fraud prevention or financial crime agencies and that these agencies may communicate personal information about you to Aeon. Please note that, when we do so, we only verify your identity, and it should have no adverse effect on your credit rating (“soft credit check”).

We reserve the right at all times to monitor, review, retain and/or disclose any information so collected as necessary to satisfy any applicable law, regulation, sanctions programs, legal process or governmental request.

  1. Using the Service

Using the Account:

  • Your Account allows (i) you to maintain a pre-funded Account balance, and (ii) send funds to a Receiver by way of a remittance transaction.
  • Any stored value held in your Account will not earn any interest.
  • You may hold your stored value in CAD. Aeon may allow you to hold the stored value in other currencies which we support from time to time.
  • You may withdraw funds from your Account at any time by writing to us at help@aeonfinance.com or by going through any other fund withdrawal process permitted directly on your Account or our website. We do not allow withdrawal in cash. Withdrawal can be made to your designated bank account only. You must be the main or joint holder of such a bank account.
  • Aeon may at its sole and absolute discretion reject your request for a payment transaction, or refund a payment or other transaction, for any reason whatsoever, including without limitation, where your Account would cause the aggregate amount of your balance, directly or indirectly, to exceed any value permitted under the prevailing laws and regulations or any other regulatory or risk limit prescribed for that Account.
  • Unless you have our consent in writing, you must not allow anyone to operate your Account on your behalf.


Using the Aeon for Cross Border Remittances

You are solely responsible for the accuracy and validity of the information provided by you. Aeon will process transactions based on the information provided by you and takes no liability whatsoever for erroneous credits to receivers.

If you initiate a transaction, but we are unable to process such transaction for any reason, you can either: (i) create a fresh transaction and instruct us to reprocess the transaction or (ii) request a refund.

If you wish to re-process the transaction, please note that Aeon reserves the right to re-process the transaction at a different rate. You will also be liable to pay all additional bank charges, administration charges, or other third-party charges for reprocessing the transaction.

Notwithstanding any other provision in this Agreement, if a transaction fails due to reasons attributable to you, including but not limited to your failure to send funds to Aeon or providing incorrect information about the recipient, Aeon shall not be obligated to process a fresh transaction or provide a refund. You acknowledge and agree that you are solely responsible for ensuring the accuracy of all transaction details and the availability of funds prior to initiating a transaction. In such cases, Aeon is not liable for the misdirection or loss of funds and cannot guarantee the recovery of any funds sent to an incorrect recipient or if Aeon does not receive the funds you wish to remit.

From time to time, we will identify on the website the currencies you can hold in your pre-funded Account, and the currencies you can remit to a Receiver. Available currencies are subject to change at our sole discretion.

We do not control the time it takes for the Receiver’s bank or payment provider to credit and make available funds to the Receiver. Such remittance transactions are subject to all necessary security and customer identification checks being conducted in line with our security and identification guidelines. If further investigation or the collection of additional information from you is necessary, we will let you know, but this may result in a cancellation of the transaction. If required by a regulator, we may withhold your funds in any transaction through our website.

  1. Exchange Rates

Aeon relies on aggregated third-party information sources and does not guarantee that the exchange rates match any particular benchmark source at any given time.

Notwithstanding anything to the contrary, we reserve the right at our sole discretion to refuse a transaction (including but not limited to: restricting the creation of a new transaction as well as cancelling a transaction already in process). For transactions refused by us, we will notify you as promptly as we reasonably can, provide a reason where it is possible to, and arrange for a refund where applicable. More specifically, the exchange rate may change between the time of posting a transaction and when we receive your money.

  1. Transaction Limits

Aeon may, at its sole discretion, impose daily, weekly or monthly limits on the amount of money that you can send to a Receiver or which you can pre-fund your Account with. These limits are usually, though not always, based on local regulations. Aeon may also impose minimum and maximum transaction limits for each transaction. These limits are usually, though not always, based on local regulations.

  1. Sending Money

In order to initiate a remittance transaction, you must fund such a transaction with either (a) funds in your pre-funded Account (“Pre-Funded Transaction”) or (b) fresh funds you send us from your bank account (“Fresh Transaction”). A combination of both methods is not permitted.

If you initiate a Pre-Funded Transaction, you will be presented with a fee quote (which may include an exchange rate). If you accept this fee quote, then Aeon will facilitate the transaction in accordance with the accepted fee (subject to chargebacks, cancellations, etc.).

If you initiate a Fresh Transaction, you will be presented with a fee quote (“Fee Quote”) (which may include an exchange rate) and possibly also with a deadline for the fee quote to be valid for (“Quote Deadline”). You may also be presented with a certain pre-determined exchange rate percentage threshold (“Rate Threshold”).

Once you accept the Fee Quote, you must transfer the transfer amount to Aeon’s bank account. If Aeon does not receive the transfer amount by the Quote Deadline or if the exchange rate applicable to your intended transaction is above the Rate Threshold by the time we receive your Fresh Transaction funds, then Aeon, at its sole discretion, may (a) facilitate the transaction in accordance with the Fee Quote, (b) provide you an updated fee quote for a new transaction (“Updated Quote”), or (c) cancel the transaction.

If Aeon provides you with an Updated Quote, then you can either (a) accept the Updated Quote or (b) cancel the transaction. If you accept the Updated Quote, then Aeon will facilitate the new transaction in accordance with the Updated Quote.

You must hold an account with a regulated Canadian deposit taking institution (or “bank account”). All transfers you make to Aeon to facilitate a Pre-Funded Transaction or Fresh Transaction must originate from your Canadian bank account. Transfers to us from accounts that do not belong to you are strictly prohibited.

  1. Refused Transactions

Aeon may refuse to proceed with the transaction if we cannot match your name registered with Aeon with the name on your bank account from which you send the money. In this case you may be liable for an administration charge.

  1. Cancellation of Transactions

You may cancel your transaction any time before sending the money to our bank account. Except as expressly stated otherwise in this Agreement, Aeon reserves the right to refuse any request you make to cancel a transaction you have requested.

  1. Withdrawing Money from your Account

If you wish to withdraw funds from your pre-funded Account, please write to us at help@aeonfinance.com or go through any other fund withdrawal process permitted directly on your Account or our website. Please send us the bank name, bank account number, and account name, to which you wish to make a withdrawal, in writing. You must ensure that the information you provide is correct and complete. We will not be responsible for money sent to the wrong recipient as a result of incorrect information provided by you. If you have provided wrong information to us, you may ask us to assist you in recovering the money, but we cannot guarantee that such efforts will be successful. You agree that the Account may be subject to withdrawal limits. If your withdrawal request exceeds any applicable limits, we may decline your request or require additional documentation for us to consider your request.

  1. Your Obligations

You shall use Services for business purposes only. Any use of Services for personal, family or household use is strictly prohibited.

You are responsible for ensuring the payment details you provide are accurate. Once your payment instructions have been accepted by Aeon, transactions cannot be reversed, and Aeon will not be liable in any way for any loss you suffer as a result of a transaction being carried out in accordance with your instructions.

In the unlikely event that you notice an error in either the payment sent or received as a result of using the Services, then you should immediately notify us at help@aeonfinance.com or by going through any payment error notice process available directly on your Account or our website.

You agree not to use the Services for any unlawful activity and Aeon reserves the right to investigate any suspicious activity or in response to any complaints or reported violations. When investigating any such activity, Aeon reserves the right to report suspected unlawful activity to any appropriate person or body (e.g. FINTRAC, government agency, etc.) and to provide them with any relevant information, including personal data.

You shall immediately inform Aeon if there is any reason to believe that any information has been incorrectly processed or sent to Aeon.

You shall use best efforts to prevent yourself from being involved to any extent in any actions of money laundering or any other illegal activities.

You represent, warrant, and covenant that you shall, during the term of this Agreement have all necessary rights, authorizations, licenses, and permits for your operations, and shall have undertaken and fulfilled all actions and conditions to comply with your obligations under these terms.

You represent, warrant, and covenant that you shall comply with all applicable laws, rules and regulations, including and statutory regulations or guidelines by banks, card associations, or any other legal or regulatory authority in relation to payments (“Schemes”) as applicable and including, but not limited to, consumer privacy, data security, and any other protection laws. In the event you cannot comply with or learn that you have not complied with such laws, you shall immediately notify Aeon.

  1. Fees

Aeon charges a fee on every transaction depending on the country you are sending money from/ to. Fees charged may change from time to time at Aeon’s sole discretion. Fees relating to the transaction are clearly displayed on the transaction page before you confirm proceed with a transaction. Aeon may charge an administration fee for transactions which are not successful and a refund has to be processed.

  • Transactions rejected by our pay-out partners or beneficiary bank: If the transaction is rejected due to compliance reasons by our pay-out partners or by the beneficiary bank or any other third-party service provider we rely on, we can either return the funds to your pre-funded Account or allow you to withdraw such funds to your own bank account. Please note that this refund process can be initiated only after funds are returned to us by the pay-out partner / beneficiary bank and may be subject to fees levied by Aeon, its pay-out partner, bank, or other third-party service provider involved in the transaction.
  • Error in beneficiary details: If the transaction is rejected due to wrong or incomplete beneficiary or Receiver details entered by you, Aeon will contact you to confirm whether you will be booking a new transaction with amended details or if a refund is to be issued. If you choose to reprocess the transaction with amended beneficiary or Receiver details, the funds will be utilised in full towards this transaction. However, if the funds are to be refunded to your bank account, you may be charged a withdrawal fee or other fee for this refund. Please note that if funds are lost due to your provision of incorrect beneficiary or Receiver details, then you may not receive any refund or return of such funds.
  • Only partial amount sent to us: If funds are received in part towards a Fresh Transaction initiated by you, Aeon will contact you to confirm whether you will be sending the remaining amount or if a refund is to be issued. If you choose to send the remaining amount and Aeon receives this amount before the Quote Deadline, the transaction will be processed. However, if the funds are to be refunded to your bank account, you may be charged a withdrawal fee or other fee for this refund.
  • Money sent to us without a transaction being created: If funds are received in our account without your express instruction to use such funds to pre-fund your Account or to initiate a Fresh Transaction, or if funds were credited to our account by mistake, we will attempt to reach out to you to request that you either provide instructions for a Fresh Transaction, instructions to pre-fund your Account, or instructions refund such funds to your bank account. If you wish to get a refund, you may be charged a withdrawal fee or other fee for this refund.
  • Third-Party Fees: You may use the Services to send money funded by your Aeon account balance. You may be subject to third party fees, such as insufficient fund fees, reversal, or other fees that a bank may charge if your payment is rejected.
  1. Time frame for processing refunds

All refunds arising from cross-border payment transactions will be made to your Account or directly to your own bank account. To withdraw this amount from your Account to your bank account, please write to us at help@aeonfinance.com. Aeon will endeavour to process your withdrawals in a reasonable time frame. Generally, a bank transfer takes between 1–3 working days to appear back in your account. In cases where the money is held by the compliance teams of our pay-out partners your Receiver’s banks, or any other third-party service provider involved in facilitating the transaction, we will not be able to initiate the refund until the money is returned to us by the pay-out partner or beneficiary bank.

  1. Pre-Authorized Debit (“PAD”)

Aeon may, in its reasonable judgement, temporarily adjust the amount remitted to you and/or remittance frequency, as security against existing or anticipated credit risk, fraudulent activity, or other suspicious activities associated with your use of the Aeon Service or if required by law or court order, upon notification to you via email or fax. If the amount of any deductions exceeds the sum of the amount indicated on your Account, the amount remaining and owed to Aeon shall be due and payable by you to Aeon and you authorize Aeon to debit your bank account (if applicable) for the amount due.

You acknowledge that any withdrawal by Aeon in accordance with this Agreement is a debit as defined under Rule H1 of the Canadian Payments Association (a “Pre-Authorized Debit” or “PAD”) for business purposes and you waive the right to receive advance notice for these debits. Your authorization for a PAD shall remain in effect after termination of this Agreement and until all of your obligations to Aeon have been paid in full. If you change the bank account at any time during the term of this Agreement or at any time after the term before all of your obligations to Aeon have been paid in full in Aeon’s sole discretion, the PAD authorization shall also apply to the new bank account.

To secure your performance of this Agreement, you hereby grant to Aeon a lien on and security interest in your account and agree to execute any further documentation to perfect these company rights. You authorize Aeon to debit your account for fees payable to Aeon. You acknowledge that any withdrawal by Aeon in accordance with this Agreement are PADs for business purposes and you waive the right to receive advance notice for these debits or credits. Alternatively, if Aeon is unable to debit owed amounts, Aeon reserves the right to invoice you for any such amounts, which amount shall be due and payable thirty (30) days after the invoice date or on such earlier date as may be specified.

  1. Termination and Account Closure

Either party may terminate the Terms for any reason or for no reason without notice and without further liability. Your Account balance must be zero upon the closing of your Account for any reason. If there are funds credited to your Account at the time of suspension, termination or deactivation, we may require you to provide us with your bank account to which we will transfer your funds.

Subject to applicable laws or obligations that require us to do otherwise and any liabilities you may have to us, Aeon shall transfer your funds to you, and you shall be obligated to pay any amounts owed to Aeon for services received prior to termination.

The Services are subject to stringent requirements, including anti-money laundering and anti-terrorist financing laws. As part of our requirements under applicable law, and without limiting the generality of Aeon’s rights mentioned elsewhere in this Agreement, it might be necessary for Aeon to temporarily pause or limit or permanently terminate or limit activities involving your Account.

Aeon may also, in our sole discretion and without notice or liability to you, alter, amend, restrict, modify or terminate the Services or any functionality or portion of the Services. You understand that there is no guarantee that the Services or any portion, feature or functionality will continue to operate or be available for any particular period of time. We reserve the right, in our sole discretion, to correct any errors or omissions in any portion of the Services at any time without notice but confirm that we have no duty to do so.

Termination does not immediately relieve you of obligations incurred by you under this Agreement. Upon termination, you agree to (i) complete all pending transactions, and (ii) stop accepting or initiating new transactions through the Service. If you terminate this Agreement, we will pay out any remaining funds in your Aeon Account minus any applicable fees owed pursuant to this Agreement.

In addition, upon termination, you understand and agree that (i) all licences granted to you by Aeon under this Agreement will end; and (ii) you are still liable to us for any fees or fines, or other financial obligation incurred by you or through your use of the Services prior to termination.
  1. License, Website and Content

The Services are licensed to you on a non-transferrable, non-sublicensable, worldwide-basis, so that you may use the Services and make use of the intellectual property of which it is composed, including all copyrighted and trademarked works (collectively, “Works”), provided that you do so in accordance with the Terms or any other procedures and guidelines that may be issued by Aeon from time to time, and do not reproduce any of the Works outside of the Services.

Some trademarks displayed on the Services may belong to third parties and are not licensed to you.

The Services (including the Website or any customer service/technical support tool), and their underlying components, may contain open source and public domain content, licensed content as well as proprietary content owned by us and by third-party independent providers, with all rights reserved. You are not permitted to copy or distribute any content (including but not limited to text, graphs, software code, images, trademarks, videos or audio) on or underlying the Services (including the Website or any customer service/technical support tool) without the express consent of the owner.

The Services (including the Website or any customer service/technical support tool) and their contents are protected by copyright, trademark and other laws of Canada, the United States and foreign countries. All rights, title and interest in and to the Services (which includes our web and online applications) are and will remain the exclusive property of Aeon and our licensors. Without limiting the foregoing, you are not permitted to use any of our trademarks or trade names, including our logo, without our express permission. You agree not to reproduce, modify or prepare derivative works, distribute, sell access to or retransmit our Services or their contents except with our express permission.

The Services may provide links to third-party sites and content that are not owned or monitored by us (“Third-Party Services”). We make no representations about any Third-Party Services that may be accessed from the Services. We do not produce, endorse, approve or guarantee the accuracy of any content on the Third-Party Services, and when visiting them, you will no longer be governed by the Terms. You should familiarize yourself with and are responsible for reading and understanding the terms and conditions, privacy policies and data security practices of the Third-Party Services accessed. Those are the policies and practices that will apply to your use of the Third-Party Services. If you choose to access any Third-Party Services, it is done at your own risk. We have no control over the contents of any Third-Party Services and accept no responsibility for such services or for any loss or damage that may arise from their use.

  1. Rules and Restrictions for your Account

The following Rules and Restrictions for Accounts apply to your use of your Account under this Agreement.

Limits

There may be limits on the amount you may send using the Service. There may also be limits on the amount you can top-up or withdraw in a given timeframe. These limits may change from time to time at Aeon’s sole discretion and the requirements to lift or change those limits may vary based on product usage and/or local regulatory requirements.

Error in Receiving Money

In the event of an error, you give Aeon permission, subject to Aeon’s compliance with applicable law, to make appropriate corrections by debiting or crediting your Aeon account balance, or debiting or crediting your primary or alternate funding sources as applicable.

Credit Authorization

If you open an Account, you are providing us with written instructions and authorization to obtain your business credit report from a credit bureau. You are also authorizing us to obtain your business credit report at any time we reasonably believe there may be an increased level of risk associated with your business account. An increased level of risk includes, but is not limited to suspicious activity associated with your account.

Representations

You represent that you are duly authorized to do business in your jurisdiction of registration; and your employees, officers, representatives, and other agents accessing the Service are duly authorized to access the Service and to legally bind you to this Agreement and all transactions conducted under your username and password.

Loss or Theft of Account Information, PIN, or Mobile Device

If you believe that any of your Aeon account registration information, PIN or your mobile device containing the Aeon account has been lost or stolen, or if your account history shows transfers that you did not make, you must immediately contact Aeon via the Contact Us information tab or by email to help@aeonfinance.com.

Authority of Officers and Employees

You agree that all officers, employees, agents, representatives and others having access to the username and/or password shall be vested by you with the authority to use the Service and to legally bind you. You shall be responsible for all actions by current and former officers, employees, agents, representatives and others, regardless of whether authorized by you, that access the Service using your username and password.

YOU ASSUME THE ENTIRE RISK FOR THE FRAUDULENT, UNAUTHORIZED OR OTHERWISE IMPROPER USE OF YOUR PASSWORD OR OTHER LOGIN CREDENTIALS. WE SHALL BE ENTITLED TO RELY ON THE GENUINENESS AND AUTHORITY OF ALL INSTRUCTIONS RECEIVED BY US WHEN ACCOMPANIED BY SUCH PASSWORD, AND TO ACT ON SUCH INSTRUCTIONS.

  1. General Terms

a. Third Party Services

You acknowledge and agree that Aeon is partnering with third-party partners and service providers in order to deliver you Services.

By using our Services, you agree to be bound by any user agreements established by any third party partners and service providers that Aeon engages with in addition to the Terms and Conditions set out in this Agreement.

By accepting and agreeing to the partner’s terms and conditions you expressly acknowledge that Aeon is acting independently of the PSPs and that Aeon shall have no liability for the actions or omissions of PSPs.

b. Communications

We are required to provide certain information to you in writing. By accepting this Agreement, you agree that we can communicate with you electronically either by email or by posting notices on the Aeon website.

c. Events Outside of Our Control

If we are unable to perform our obligations under this Agreement because of factors beyond our control, including a change of law, an event of Force Majeure, withdrawal of a currency or the imposition of sanctions over a country or receiver, we will notify you as soon as is reasonably practicable and will use reasonable endeavours to secure the return of any money paid by you in respect of which we have been unable to discharge our obligations under this Agreement. We will not have any liability to you where we are unable to perform our obligations due to reasons outside of our control.

  1. Disclaimer of Warranties & Waiver

THE SERVICES (INCLUDING, FOR CLARITY, THE WEBSITE OR ANY CUSTOMER SERVICE/TECHNICAL SUPPORT TOOL) ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE MAXIMUM DEGREE PERMITTED BY LAW, AND THIS DISCLAIMER OF WARRANTY SHALL APPLY EVEN IF YOU HAVE INFORMED US OF YOUR SPECIAL CIRCUMSTANCES. WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY.

The duration of the statutory required warranties, if any, are hereby limited to the shortest period permitted by applicable laws. Additionally, and notwithstanding any other provisions of these terms, Aeon and its service providers and partners do not make any warranties or representations that the Services (including, for clarity, the Website or any customer service/technical support tool) will be secure, timely, uninterrupted, error-free or free of viruses or other harmful components, will operate in combination with any other system, or otherwise will meet your requirements and needs.

You understand that the use of the Services necessarily involves the transmission of information over networks that are not owned, operated or controlled by Aeon or Aeon’s partners, and Aeon is not responsible for any information lost, altered, intercepted or stored across such networks. Aeon will not be liable for any issues inherent to the use of the internet or other systems outside of Aeon’s control, or for any issues in connection with your use or configuration of the Services or your Account other than as instructed by Aeon. You further acknowledge that there is a risk of malicious cyberattacks against the Services (including, for clarity, the Website or any customer service/technical support tool) or any personal device used to access the Services, which may result in the loss or theft of your funds or personal information.

  1. Limitation of Liability

IT IS NECESSARY THAT AEON’S LIABILITY TO YOU BE LIMITED AS WE WOULD OTHERWISE NEED TO CHARGE HIGHER PRICES. ACCORDINGLY, AND EXCEPT FOR DIRECT DAMAGES RESULTING FROM ANY GROSS NEGLIGENCE OR WILLFUL MISCONDUCT ON OUR PART ARISING DIRECTLY FROM OUR PERFORMANCE AND OUR RESPONSIBILITIES UNDER THE TERMS, AEON’S (AND ITS PARENTS, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, THE ISSUER, AGENTS, SUPPLIERS, LICENSORS, ASSIGNS AND SUCCESSORS-IN-INTEREST) LIABILITY FOR ANY CLAIM, LOSS (INCLUDING LOST PROFITS, GAINS, OR REVENUE), DAMAGE, OR CONSEQUENCE (“CLAIM”) SHALL BE LIMITED TO NO MORE THAN $500 CAD (IN AGGREGATE), AND THIS LIMITATION OF LIABILITY SHALL APPLY NO MATTER THE CAUSE OF ACTION, REASON FOR LOSS, NATURE OF DAMAGES, OR ANY OTHER FACTOR.

YOU ALSO EXPRESSLY ACKNOWLEDGE AND AGREE THAT AEON SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY PUNITIVE DAMAGES, CONSEQUENTIAL COSTS, LOSS OF GOODWILL, LOSS OF REPUTATION, OR LOSS OF OPPORTUNITY, UNDER ANY CIRCUMSTANCES.

  1. Indemnification

You will defend, indemnify and hold harmless Aeon (and its parents, affiliates, officers, directors, shareholders, employees, suppliers, the Issuer, agents, suppliers, licensors, assigns and successors-in-interest) from and against any and all liabilities, damages, losses, claims, demands, actions, causes of action and costs (including, without limitation, attorneys’ fees and expenses) arising out of or resulting from (collectively, the “Liabilities”): (i) your violation of the Terms (including any breach of representation or warranty) or any third-party rights (including any Liabilities brough against us by any financial institution); (ii) your use of the Services (including any violation of applicable laws, regulations, by-laws, rules, and policies), or any part of them; (iii) your alleged or actual negligent or willful acts or omissions, or those of your agents or employees; (iv) any taxes or other Liabilities related to any product or service that you may provide or sell; (v) your operation of a business; (vi) any activity in or through your Account; (vii) any claim by any third party that relates to you; (viii) any costs that Aeon incurs in responding to a subpoena or other court order related to you or a third party with whom you have any relationship; (ix) any termination or suspension of your access to the Services; and (x) any third party’s use of your Account or your Services.

If you fail to pay any Liabilities or if you fail to comply with any other requirement contained in the Terms, then, in addition to any other right or remedy to which Aeon is entitled, we may at any time and from time to time, without notice or demand to you, apply some or all of your funds to eliminate or reduce the Liability or other amount, as the case may be. You shall remain liable to Aeon for any deficiency remaining following the exercise by us of any or all of our rights.

  1. Complaints

We are committed to providing you with the highest standards of service. If you feel we have not achieved that, please send your complaints to help@aeonfinance.com.

  1. Entire Agreement

This Agreement and any docu des any previous discussions, correspondence, arrangements or understandings between us. We reserve the right to amend these terms of service from time to time without notice by amending this page. The amended terms of service will be effective from the date they are posted on our website. As these terms of service may be amended from time to time, you should check them whenever you visit our website. Your continued use of our services will constitute your acceptance of the amended terms of service. When making material amendments, in addition to posting these terms on the website, we will send via email, a link to the latest version of the terms.

  1. Law And Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of the province of Ontario and the federal laws of Canada applicable therein, without regard to that province’s conflict of laws principles. Any dispute or claim arising out of or in connection with the Service will be subject to the exclusive jurisdiction of the courts of Ontario, Canada.

ment expressly referred to in it constitutes the whole agreement between us and superse.

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