Terms of Use

This Agreement (the "Agreement") is a legal contract between you and SmartPay, Inc. and your bank to allow you to buy goods/services online directly from your online debit. The Agreement applies to your use of SmartPay's services (our "Services").

When using our Services to purchase a product/service on one of our trusted online businesses you must agree with all the terms and conditions enclosed in this Agreement. This includes entering into an Pre-Authorized Debit agreement with SmartPay. Please read carefully and make sure that you understand it completely before using our Services. If you do not accept this Agreement, we will be unable to provide our Services to you.

Definitions

  • "Agreement" means to this agreement including all subsequent amendments.
  • "Business Days" means to the days of Monday to Friday (exempt of Saturday and Sunday) that banks in Canada are open for business.
  • "User", "you" or "your" means you and any other person entering into this Agreement with us or using our Service.
  • “Business”, “Online Business”, or “Merchant” means the business you are purchasing goods or services from.
  • "Payment Instructions" means the instructions that you will give to your bank in order to transfer money into our account for transfer to the online business you are purchasing from.
  • "CAD" means Canadian Dollars.
  • "FINTRAC" or "Regulators" means the Financial Transactions and Reports Analysis Centre of Canada and is the governing body that we answer to.

Pre-Authorized Debit Agreement

In order to use our Services, the User must enter into an Agreement with us and this is done by accepting the terms of this Agreement. This protects you from having to continually submit information about yourself and information about the Business you are purchasing from.

A Pre-Authorized Debit Agreement gives you permission with your bank to pay for goods/services from the Online Business in this transaction.

Business Information

In order to satisfy our regulators, we are required to collect thorough information on the Business you are purchasing from such as, the Businesses name, address, phone number, nature of it’s main business and various other business information. This information is kept during the Businesses account registration with SmartPay.

Signing Party

The User who accepts the terms of this Agreement will be recorded as an individual who signed the Pre-Authorized Debit Agreement.

To learn more about Pre-Authorized Debit Agreements please visit the Canadian regulatory body that allows these transactions with your bank:

https://www.payments.ca/paying-pre-authorized-debit

Relationship Between Us

Type of Business

SmartPay is a web application that provides online businesses the ability to accept online debit payments through your bank.

SmartPay Inc. is registered business in Canada (Corporation Number: 895168-3). Our office is located at 2nd Floor 221 Yonge St, Toronto, ON, M5B 1M4. SmartPay is registered as a money service business through the Financial Transactions and Reports Analysis Centre of Canada (FINTRAC), which is the governing body in Canada. This allows us to work with all banks and directly pull funds from your accounts for the purchases you request.

Our licensing is found here:

http://www10.fintrac-canafe.gc.ca/msb-esm/public/detailed-information/msb-details/7b226d73624f72674e756d626572223a3134323737312c227072696d617279536561726368223a7b226f72674e616d65223a22637572657865222c2273656172636854797065223a337d7d/

Privacy

Protecting your information is very important to SmartPay. All your information given to us is stored on our servers in encrypted form, this includes: personal information, account details, transaction history. This information is not disclosed except for certain payment information to our bank when giving your Payment Instructions in accordance with FINTRAC's regulations.

All information between your browser and the Businesses website is transferred in encrypted form using SSL.

Please refer to SmartPay's Privacy Policy found at https://smartpayinc.io/privacy

Use of our Service

Online Debit

SmartPay offers the ability for the User to pay an Online Business directly through the User’s bank via debit.

Bank Account

After you place the debit order with the Business you will see funds leave your account within 48 business hours. Your order is still valid and there is no reason to worry that funds have not left yet.

Cancelling

If you would like to cancel your order you can do so at any time without penalty. Please contact the Online Business directly and we can cancel the order. If your payment is cancelled or refused for any reason, and you noticed the funds have left your account, we will return your deposit to your bank account within 48 hours.

Refused Transactions

SmartPay may refuse your transaction without reason due to regulations in Canada and in accordance with Canadian Laws.

Obligations

SmartPay reserves the right to investigate and report to the authorities if any user tries to use our Services in an unlawful manner. Laws in Canada give us certain duties that are necessary to prevent money laundering and terrorist financing activities.

General

Third Party Services

You acknowledge and agree that SmartPay uses a third party bank to facilitate our Services and that any delay or loss of payment can be the result of this third party bank. SmartPay is not responsible and will not be liable for paying any compensation to the user in result of a mistake made by the third party bank. This is the responsibility of the Online Business and SmartPay will facilitate the funds back to the users account in a timely manner.

If you have a problem contacting the Online Business please contact SmartPay using our contact us information below.

You acknowledge and agree that SmartPay may use another third party partner to help in using our Services and you must read and agree to our third party partner's terms and conditions in addition to this Agreement.

Jurisdiction

This Agreement is governed by the laws of Ontario, Canada. You submit the jurisdiction of the Courts of Ontario, Canada.

Communication

By accepting these terms and conditions you agree that any communication required to be sent to you can be submitted by the email you have given us. We are not liable to any complications during a transaction when you have sent us the wrong email address.

Alterations to Our Terms Of Use

SmartPay reserves the right to change the terms and conditions at any point in time and is only required to send you notice through the email you have supplied us in your customer account.

Contact Us

If You have any questions or complaints about this Terms of Use, please contact us electronically:

terms@smartpayinc.io

or send physical mail to:

SmartPay Inc.
10 Dundas St. E
Toronto, ON, CA M5B2G9
Attention: SmartPay Legal