Terms of Service

MONEYUP AGREEMENT

These terms govern your use of MoneyUp Services, and should be read together with all other service materials provided to you in connection with such use (collectively, this “Agreement”), and include the following:

PART I. GENERAL TERMS
PART II. MONEYUP PLATFORM
PART III. MONEYUP SMART PLATFORM
PART IV. GLOSSARY

Please refer to PART IV. GLOSSARY of this Agreement for specific meanings and rules of interpretation of certain words and phrases used in this Agreement.

In consideration of the use of MoneyUp Services, and by entering into this Agreement, you acknowledge you have received, read, and understood this Agreement and agree to be bound by its terms.

PART I. GENERAL TERMS

1. MoneyUp Services

This Agreement governs your use of MoneyUp Services, including the MoneyUp FastForward Line of Credit, MoneyUp Platform, and MoneyUp Smart, and you agree to be bound by this Agreement in connection with any such use.

2. Eligibility

Your use of MoneyUp Services is subject to our discretion and the eligibility requirements we may establish from time to time for such use, and we are under no obligation to provide you with any MoneyUp Services. We may change our eligible requirements at any time without prior notice.  Currently, MoneyUp Services are open to Canadian citizens or permanent residents who are resident in a province where MoneyUp Services are offered and of the age of majority.

3. Accuracy of Information

You certify the accuracy and completeness of all information provided to us in connection with this Agreement and your MoneyUp Services, including information provided to us about your income and financial situation to determine your eligibility for MoneyUp Services as well as your account and contact information in the MoneyUp Platform. You will ensure this information remains accurate and current at all times. You authorize us to rely on this information for purpose of this Agreement and providing MoneyUp Services, and agree to provide written notice of any changes at least thirty (30) days in advance or as soon as reasonably practicable in advance of a change. We may change information, including names and account numbers, if we determine it to be necessary in order to process a Document, provided, however, we are under no duty to detect any inaccurate, inconsistent, or incomplete information provided to us in connection with this Agreement or MoneyUp Services.  You consent to receiving communications and notices from us at the email address you provide. Failure to provide accurate and complete information may result in the suspension or termination of MoneyUp Services.

4. Permitted Use

You are permitted to use MoneyUp Services only for your own personal, family, and household use in accordance with this Agreement, and not for any other Person or purpose. You may not use MoneyUp Services in connection with any commercial endeavours.  You may not create multiple MoneyUp accounts.  You are only registering an account for yourself and only one account is eligible per individual. You will ensure MoneyUp Services are not used for any unlawful, fraudulent or dishonest, or other improper purpose or in any way that could undermine the security or integrity of MoneyUp Services. You will take steps to prevent any unauthorized use, and notify us immediately of any actual or suspected unauthorized use. You may not duplicate, resell or assign MoneyUp Services.  Unauthorized use may result in immediate suspension or termination of your account, and we reserve the right to pursue legal action if necessary.

5. Restricting Use

We may, without obligation or prior notice, monitor your use of MoneyUp Services and take any action we deem necessary or appropriate in connection with your MoneyUp Services, including at any time by suspending, restricting, freezing, blocking access to or use of your MoneyUp Services, including upon receipt of a third party demand or in the event of any actual or suspected unauthorized use.

6. Subscription Fees, Free Trial, Fees and Charges

You will pay us when due all Fees and Charges prescribed by us in this Agreement, including the Disclosure Statement, plus applicable taxes and the amount of any withholdings. We may change or add any new Fees and Charges from time to time, subject to compliance with Applicable Law.

We may charge a subscription fee (“Subscription Fee”) for the duration of your use of certain MoneyUp Services, including MoneyUp Smart Services. In this document, “Period” refers to the subscription interval for which a Subscription Fee is charged and Services are provided. A single Period can be one month or twelve (12) months depending on amount of the Subscription Fee.

We may offer a free trial of our paid subscription for a period of up to fifteen (15) days ("Free Trial"). You may only participate in one (1) Free Trial during your lifetime. If you choose to participate in a Free Trial, the Free Trial period will begin on the date you activate your subscription and will continue for fifteen (15) days, unless you convert to a paid subscription earlier. At the end of the Free Trial period, your subscription will automatically convert to a paid subscription unless you cancel your subscription before the end of the Free Trial period.

You authorize us to make all charges described in this Agreement to your account. If the payment of your Subscription Fee fails for any reason, your account may be suspended, or reverted to a free-tier account, until the Subscription Fee is paid.

The Subscription Fee for each of the Services is dependent on the Service. We reserve the right, at any time, to modify the Subscription Fee and billing methods. Current Subscription Fees are posted within your app’s account within the “Subscription Plans” section.

Subscription Fees may be charged to your account in advance on a periodic basis. The Subscription Fee is non-refundable. There will be no refunds or credits for partial Periods of Service or for Periods unused with an open account. You are responsible for payment of all taxes, levies, or duties imposed by taxing authorities on your Subscription Fee.

Notwithstanding any other provisions of this Agreement, if the amount of any interest, premium, fees, charges, or other monies or any rate of interest stipulated for, taken, reserved, or extracted under this Agreement would otherwise contravene the provisions of Section 347 of the Criminal Code (Canada), Section 8 of the Interest Act(Canada) or any successor or similar legislation, or would exceed the amounts we are legally entitled to charge and receive under any Applicable Law to which such compensation is subject, then such amount or rate of interest shall be reduced to such maximum amount as would not contravene such provision; and to the extent that any excess has been charged or received, we will apply such excess against the outstanding amount you owe under this Agreement and refund any further excess amount.

7. Payments 

You will pay when due all amounts required in accordance with this Agreement, including all Fees and Charges.

You authorize us to rely on your Bank Account and contact information in the MoneyUp Platform, for purposes of processing all payments owing to or from you in accordance with this Agreement, including for purposes of making advances from your MoneyUp FastForward Line of Credit or collecting payments pursuant to your Payor’s PAD Agreement. You confirm you are the owner of the Bank Account and contact information in the MoneyUp Platform, and you have the requisite authority, acting alone, to provide us with this authorization.

You are responsible for notifying your financial institution and other applicable Persons about any payments processed pursuant to this Agreement, including the delivery or payment methods used. We are not responsible or liable in any way for the actions or omissions of you or other Persons involved in payment processing, including your financial institution or other intermediaries involved in the sending, receiving, and processing of the payments. You are responsible for adherence to any payment limits, requirements, or restrictions established by us, your financial institution, and other Persons involved in processing any payments in connection with this Agreements. All payments are final when sent, and cannot be amended or reversed.

If you fail to make a payment when due, you will pay us immediately on demand such amount plus the amount of any Fees and Charges, legal fees and expenses, and other fees, charges, and costs incurred by us to collect the outstanding amount due from you at any time, including any fees charged by us as a result of a refused, returned, or otherwise dishonoured payment. We may add this amount to the principal amount you owe us under your MoneyUp FastForward Line of Credit.  You may be provided with a grace period of up to three (3) days in which to resolve any billing issues.  During this grace period, you may continue to access your subscription benefits.  After the end of the grace period, your account shall be subject to a hold period of up to thirty (30) days. During this hold period, you will not have access to any of the paid subscription services, and will not accrue any benefits that you might otherwise accrue as a paid user. 

8. Backup Interest Rate

Notwithstanding any other provisions of this Agreement, if the amount of any interest, premium, fees, or other monies or any rate of interest stipulated for, taken, reserved, or extracted under this Agreement would otherwise contravene the provisions of Section 347 of the Criminal Code (Canada), Section 8 of the Interest Act(Canada) or any successor or similar legislation, or would exceed the amounts we are legally entitled to charge and receive under any Applicable Law to which such compensation is subject, then such amount or rate of interest shall be reduced to such maximum amount as would not contravene such provision; and to the extent that any excess has been charged or received, we will apply such excess against the outstanding amount you owe under this Agreement and refund any further excess amount.

9. Third Party Services

You are responsible for use of any Third Party Services in connection with this Agreement and MoneyUp Services, including for paying any fees, charges, taxes, or other amounts owing to other Persons in connection with such use. You confirm you have the right to access and use any such Third Party Services in connection with this Agreement and MoneyUp Services, and, where applicable, to provide us with access to and use of any such Third Party Services on your behalf. 

We are not responsible or liable in any way for access to or use of any Third Party Services or the actions or omissions of any other Person, including in the event Third Party Services may be accessed or used by way of links available when using MoneyUp Services. We make no representations, warranties, or endorsements relating to Third Party Services or any other Person, and we are not responsible or liable to you or any other Person with respect to Third Party Services or any other Person. We are not responsible for any disputes or other issues you may have with respect to Third Party Services, and you will resolve any disputes or other issues directly with the other Persons responsible for Third Party Services in a manner that does not adversely affect us or MoneyUp Services. 

10. Privacy

In the course of providing MoneyUp Services, we may collect, use, and disclose information that can identify you, including your full name, email address, year of birth, and credit history (“Personal Information”). You may provide Personal Information directly to us, or we may collect Personal Information from third parties such as a third party credit reporting agency. We represent and warrant that with respect to the collection, use, and disclosure of Personal Information it shall comply with: (i) Applicable Law, including Canada’s Personal Information Protection and Electronic Documents Act; and (ii) our privacy policy (available at: https://www.moneyup.ca/legal/privacy-policy). More specifically, we agree to employ reasonable administrative, physical, and technological safeguards to protect the Personal Information collected through MoneyUp Services in an environment secure against loss, theft, or unauthorized access, disclosure, copying, use, or modification. We may disclose Personal Information to third parties or agents within or outside of Canada for the purposes of managing your relationship with us and/or providing the products or services you request, including MoneyUp Services and any Third Party Services. Personal Information in the custody and control of a third party or agent in another country is subject to the laws of that jurisdiction. We will use commercially reasonable efforts to ensure any third parties or agents with whom or that we contract use no less than a reasonable degree of care to prevent the unauthorized use or disclosure of Personal Information, including by requiring that such third parties or agents treat the Personal Information in accordance with terms and conditions no less stringent than those contained in this Agreement.

11. Confidentiality 

You will keep confidential all information provided to you in connection with this Agreement and MoneyUp Services, and will not disclose this information except with our prior written consent or otherwise to the extent necessary to your legal and professional advisors or if legally required to do so, provided that, if not legally prohibited, you will notify us in advance of any such disclosure. 

12. Security and Security Devices

You are responsible for maintaining the security and confidentiality of MoneyUp Services, including all passwords or other security devices provided to or used by you to access or use the MoneyUp Platform or other MoneyUp Services. You will comply with all security procedures prescribed by us and take all reasonable measures to protect the security and confidentiality of MoneyUp Services and prevent unauthorized access to or use of MoneyUp Services, including by not sharing your passwords or other security devices with any other Person. 

You will be bound by the use of any of your passwords or other security devices in connection with MoneyUp Services, including access to or use of the MoneyUp Platform any Document accessed, accepted, agreed, processed, sent, or received when accessing or using the MoneyUp Platform with your passwords or other security devices. The use of any of your passwords or other security devices in connection with MoneyUp Services or any Document, will be considered conclusive proof that such use and Document is valid, authorized, and binding and enforceable against you.

If mail, courier, messaging services, or any unencrypted forms of electronic communication such as text message and email are used in connection with MoneyUp Services, the security, reliability, privacy, and confidentiality of such use cannot be assured, and any Document exchanged in this way is vulnerable to disclosure, change, interception, theft, or other harm or loss. You understand and assume these and other risks associated with such use, and waive all claims against us and agree we are not liable to you or any other Person with respect to such use.

13. Electronic Documents

You agree all Documents may be in electronic form and will be admissible in any legal, administrative, or other proceeding as conclusive evidence of the contents of the Documents, with the same legal effect as if in paper form. You consent, and waive the right to object, to the provision, acceptance, enforcement, or introduction in evidence in any proceeding of any Document in electronic form.

Any Document, including this Agreement, entered into electronically, including by way of electronic or digital signatures or acceptance (e.g., by clicking an “I accept” button), inputting a unique code, or by exchanging signed copies by text message, email or other electronic communication, are binding and have the same legal effect as if they were entered into and signed in paper form. You consent to receive and retain any applicable legal and regulatory Document electronically, including by delivery to you in the MoneyUp Platform. Electronic Documents, signatures, and records satisfy all applicable “signature” and “in-writing” requirements imposed by statute or other legal obligations.  

14. Intellectual Property

We are the owner (or licensor) of all intellectual property rights in this Agreement and MoneyUp Services, including all trademarks, copyrights, and other intellectual property rights. You are entitled to a non-exclusive, non-transferable, royalty-free, and limited license to use MoneyUp Services only to the extent permitted in accordance with this Agreement. You shall not, and will not allow others to, disclose, disassemble, Reverse Engineer, reproduce, alter, adapt, modify, create derivative works of, translate, or deface or copy any software or other intellectual property in this Agreement or MoneyUp Services.  For the purposes of this Agreement, Reverse Engineer includes any act of reverse engineering, translating, disassembling, decompiling, decrypting or deconstructing (including any aspect of "dumping of RAM/ROM or persistent storage", "cable or wireless link sniffing", or "black box" reverse engineering) data, software (including interfaces, protocols, and any other data included in or used in conjunction with programs that may or may not technically be considered software code), service, or hardware or any method or process of extracting or converting any information, data or software from one form into a human-readable form. Your license will terminate immediately on termination of this Agreement, and you will return all related service materials to us at that time

15. Representations and Covenants

You confirm you are a resident of a province in which MoneyUp services are offered, are of the age of majority in your province, and have the requisite power and authority to enter into this Agreement and perform your obligations in connection with this Agreement and the MoneyUp Services, including the MoneyUp FastForward Line of Credit, MoneyUp Smart, and MoneyUp Platform. You confirm this Agreement is and will remain a binding and enforceable agreement between you and Cashco, and you will ensure this Agreement and your use of MoneyUp Services is and will remain at all time in compliance with Applicable Law, including the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (Canada) and other applicable anti-money laundering, anti-terrorist financing, sanctions and “know your client” laws, whether within Canada or elsewhere, including any related guidelines or orders.

16. Disclaimer of Warranties

YOUR USE OF THE SERVICES ARE AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. CASHCO, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS AND USERS EXPRESSLY DISCLAIM TO YOU ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.  WE DO NOT WARRANT MONEYUP SERVICES WILL OPERATE WITHOUT ERROR OR INTERRUPTION.

CASHCO AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS, AND USERS MAKE NO WARRANTY TO YOU (i) THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; (ii) THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE, RELIABLE, OR GENERATE BENEFIT (INCLUDING WITHOUT LIMITATION ECONOMIC BENEFIT) TO YOU; AND (iv) REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE.

ANY MATERIAL OR INFORMATION DOWNLOADED, OTHERWISE OBTAINED, OR USED THROUGH THE USE OF THE SERVICES IS MADE AVAILABLE AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD, OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL OR INFORMATION.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CASHCO, OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY AND ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

17. Indemnity

Except to the extent caused directly by our gross negligence or willful misconduct, you indemnify us, and hold us harmless, for all claims, costs, damages, fees and charges, expenses and other liability arising in connection with this Agreement and your use of MoneyUp Services, including reasonable legal and professional fees and disbursements, costs of litigation, settlement, judgement, interest, penalties, and sanctions. 

18. Limitation of Liability

EXCEPT TO THE EXTENT CAUSED DIRECTLY BY OUR GROSS NEGLIGENCE OR WILFUL MISCONDUCT, AND PROVIDED THAT, EVEN WHERE THERE MAY BE GROSS NEGLIGENCE OR WILFUL MISCONDUCT ON OUR PART, INCLUDING FOR ANY FORCE MAJEURE OR CIRCUMSTANCES BEYOND OUR CONTROL. YOU EXPRESSLY UNDERSTAND AND AGREE THAT CASHCO AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS, AND USERS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, COSTS, LOSSES, OR EXPENSES, INCLUDING, BUT NOT LIMITED TO, THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF CASHCO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE SERVICES; (b) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (c) ANY OTHER MATTER RELATING TO THE SERVICES.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF CASHCO ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES, EXCEED THE EQUIVALENT OF ONE (1) PERIOD OF SUBSCRIPTION FEES ACTUALLY PAID BY YOU.

19. Set-off

We may, without obligation or notice, set-off and apply any amount we owe you towards and against any obligation you owe us at any time, immediately and without prior notice. This right is in addition to any other right of consolidation, set-off, or compensation we may have under Applicable Law or otherwise. You waive any right of consolidation, set-off, or compensation you might have and agree to pay all amounts you owe us in full without set-off, reduction, hold-back, limit, or other deduction of any kind.

20. Changes

We may change this Agreement or any of the MoneyUp Services, including by adding new MoneyUp Services for any reason at any time, with or without prior notice or notice, subject to compliance with Applicable Law. You will be deemed to accept any change if you use the affected MoneyUp Services after the change is made. You should immediately contact us and stop using MoneyUp Services, if you do not agree with a change. You agree to be bound by the latest version of this Agreement available in the MoneyUp Platform, or otherwise provided to you.   

21. Term

This Agreement will continue until terminated by mutual written agreement signed by both parties or as otherwise provided for in this Agreement.  

22. Termination by You

You may terminate this Agreement or any of the MoneyUp Services at any time by providing us with at least thirty (30) days’ prior written notice.  All Services are made available on a periodic basis. Periodic subscriptions will be automatically renewed unless you disable a Service or disable automatic renewal.

You may disable the paid services, including the MoneyUp Smart Service, at any time by accessing the Subscription Plans page in your account and following the instructions for disabling a Service. Disabling of any Service will take effect after any existing paid Periods expire. When you disable a Service, no charges for the Service will appear in your Subscription Fee for the next billing cycle. Requests to disable any Service or cancel your account must be processed before 5PM Mountain Time two days before your monthly billing cycle in order to ensure there will not be a subsequent charge for your Subscription Fee.

Disabling any Service may cause the loss of content, features, or capacity of your account. Canceling your account may cause the immediate loss of all Content, features, and capacity of your account. This information cannot be recovered and we do not accept any liability for such loss.

23. Termination by Us

We may terminate this Agreement or any of the MoneyUp Services at any time by providing you with at thirty (30) days’ prior written notice. This Agreement or any of the MoneyUp Services may be suspended or terminated by us, in whole or in part, in our sole discretion, immediately and without prior notice, if (i) you are in breach of this Agreement, and such breach is not curable in our opinion or such breach is not cured in the timeframe provided by us, (ii) you are in Default under your MoneyUp FastForward Line of Credit, (iii) your Payor’s PAD Agreement is cancelled, (iv) required by Applicable Law or a governmental, supervisory, or regulatory authority, (v) there is an actual or suspected security breach or other threat to the security or integrity of MoneyUp Services, (vi) a Force Majeure continues for more than thirty (30) days, (vi) there has been a material change in your financial situation, (viii) you are, or expected to be, unable to pay your debts to us or any other Person when they are due, including in the event any proceedings of insolvency or bankruptcy are commenced by or against you or a receiver or custodian or similar Person is appointed for you or any of your property, or (vi) otherwise provided in this Agreement.

24. Survival

Suspension or termination of any MoneyUp Services will not affect any of your responsibilities or obligations or any of our rights under this Agreement. Any provision of this Agreement will survive termination of this Agreement if it should survive by its nature, including any provision governing your responsibilities and obligations and any of our rights under this Agreement.

25. Severability

If any term of this Agreement is determined to be invalid or unenforceable in whole or in part, the unenforceable portion will not affect the enforceability of the other terms of this Agreement, which will continue in full force and effect as if this Agreement had been executed without the unenforceable portion. You waive any provision of Applicable Law that may render any term of this Agreement unenforceable in any respect.

26. Waiver

No waiver of this Agreement will be effective unless in writing signed by us. No delay or failure to exercise any right or power under this Agreement will impair or be construed as a waiver of such right or power. The waiver of any of our rights at any point will not prevent us from enforcing those rights in the future.

27. No Third Party Beneficiaries

There are no third party beneficiaries to this Agreement. This Agreement does not confer any rights, benefits, or remedies on any other Person, unless expressly provided in this Agreement. 

28. Further Assurances  

You will promptly provide us with any other Documents, and take any other action, we request to help us verify your compliance with this Agreement or as otherwise we feel may be reasonably necessary or desirable to give effect to this Agreement.

29. Entire Agreement

This Agreement represents the entire agreement among us, and replaces any prior or other agreement with respect to MoneyUp Services. This Agreement may be entered into in parts, and together all parts constitute on and the same Agreement. All Documents forming part of this Agreement are incorporated into each other. All references to this Agreement, including the Disclosure Statement or any other Document forming part of this Agreement, include each as amended, restated, revised, supplemented, replaced, or otherwise modified from time to time.

30. Successors and Assigns

This Agreement is binding your heirs, successors, and assigns, provided that you are not permitted to assign or transfer your rights under this Agreement in any way to any other Person without our prior written consent. We may assign this Agreement to any Person, and this Agreement will be binding on our successors and assigns.

All references to any Person include their heirs, successors, and assigns.

31. Notices and Communication

Any Document, including any notice or other communication, in connection with this Agreement may delivered in paper form by courier or electronically, including by text message, email, or delivery to the Messages section of the MoneyUp Platform. You may also receive alerts or push notifications about certain events in the MoneyUp Platform or on your device, and by way of text message or email to notify you that a Document is available in the Messages section of the MoneyUp Platform. Documents will be deemed received on the date of delivery if delivered on a Business Day before 5 p.m. local time. Any Documents received after this time or on a day other than a Business Day, will be deemed received on the next Business Day following receipt. Documents will be deemed to be delivered in accordance with these terms, regardless of when you actually access or review the Document.

Documents will be delivered to you using your current contact information in the MoneyUp Platform. Documents to be delivered to us should be sent by email to communications@cashcofinancial.com.

32. Record Keeping

Documents will be available to you in the MoneyUp Platform for so long as you are using the MoneyUp Platform and applicable MoneyUp Services. It is your responsibility to retain a copy of your Documents by printing or saving it while it is available to you in the MoneyUp Platform. We will otherwise retain Documents only for so long as required under Applicable Law.

33. Governing Law

This Agreement is governed by the laws of the Province of Alberta and applicable federal laws, and you irrevocably submit to the courts of Alberta for determination of all matters relating to this Agreement.  

34. Language

It is the express wish of the parties that this Agreement and all related Documents, including notices and other communications, be drawn up in the English language only. Il est la volonté expresse des parties que cette convention et tous les documents s’y rattachant, y compris les avis et les autres communications, soient rédigés et signés en anglais seulement.

35. Questions and Complaints

We are committed to your satisfaction with MoneyUp Services. Please contact us immediately with any questions or complaints at 1.844.438.6711, and refer to our complaint handling process https://www.moneyup.ca/legal/complaints.

PART II. MONEYUP PLATFORM

36. Scope of Use

Your MoneyUp Platform provides you with access to and use of MoneyUp Services, as well as Third Party Services we make available in the MoneyUp Platform from time to time, and is subject to change any time to time without notice. 

37. Technical Requirements

You will access and use the MoneyUp Platform only with a compatible device, hardware, operating system, and software owned or licenced by you directly and approved by us for such use, at your own cost and expense, and which are up-to-date and unaltered from manufacturer specifications. We may make changes to MoneyUp Services from time to time which may affect the compatibility of a device, hardware, operating system, and software, and in such event we are not responsible to you or any other Person.

38. Authentication/Biometrics 

In accordance with Section 0, you will maintain the security and confidentiality of the passwords and other security devices used by you to access or use the MoneyUp Platform, including by not sharing your passwords or other security devices with any other Person. You may only use a fingerprint, face, or other biometric identity service on a device if the only biometric identity on the device is your own, and no one else can access the device except you.

39. Safe Practices

When using the MoneyUp Platform, you will review and adhere to the safe practices we make available from time to time at www.moneyup.ca/security-best-practices.

40. Insights and Analytics

You consent to the collection and use of your online activity when using the MoneyUp Platform and any Third Party Services, including by way of data mining, artificial intelligence, or other predictive technologies, to help us generate information for insights and analytics, including predictions, about your behaviours. We may use this information to (among other things) help you understand and manage your financial information, identify other products and services that may be of interest to you, protect against unauthorized activity, and improve our services. Any insights or analytics we provide are not guaranteed to be accurate or complete, and do not constitute business, financial, investment, legal, tax, or other professional advice. We have no fiduciary responsibility to you, and you are required to consult with your own professional advisors independent of us, with respect to this information.

41. Onscreen Documents

Certain information, icons, and other service materials are displayed onscreen in our websites and the MoneyUp Platform, and form an integral part of this Agreement. You are required to open, review, and comply with the terms of all such Documents.

PART III. MONEYUP SMART PLATFORM

42. Scope of Use

Use of your MoneyUp Smart Platform provides you with access to and use of enhanced MoneyUp Services, including premium features exclusive to MoneyUp Smart subscribers. These features include unlimited free bank transfers, increased FastForward credit limits, ShopSmart, Daily Sweepstakes, two free e-transfer withdraws, Prizeout Cashback, and Rewards. The availability and scope of these services is subject to change from time to time without notice, and the services, including unlimited free bank transfers, are subject to a fair use policy to prevent abuse.

43. Technical Requirements

You will access and use the MoneyUp Smart Platform only with a compatible device, hardware, operating system, and software owned or licenced by you directly and approved by us for such use, at your own cost and expense, and which are up-to-date and unaltered from manufacturer specifications. We may make changes to MoneyUp Services from time to time which may affect the compatibility of a device, hardware, operating system, and software, and in such event we are not responsible to you or any other Person.

44. Authentication/Biometrics 

In accordance with Section 0, you are responsible for maintaining the security and confidentiality of the passwords and other security devices used by you to access or use the MoneyUp Smart Platform, including by not sharing your passwords or other security devices with any other Person. You may only use a fingerprint, face, or other biometric identity service on a device if the only biometric identity on the device is your own, and no one else can access the device except you.

45. Safe Practices

When using the MoneyUp Smart Platform, you will review and adhere to the safe practices we make available from time to time at www.moneyup.ca/security-best-practices.

46. Insights and Analytics

You consent to the collection and use of your online activity when using the MoneyUp Smart Platform and any Third Party Services, including by way of data mining, artificial intelligence, or other predictive technologies, to help us generate information for insights and analytics, including predictions, about your behaviours. We may use this information to (among other things) help you understand and manage your financial information, identify other products and services that may be of interest to you, protect against unauthorized activity, and improve our services. Any insights or analytics we provide are not guaranteed to be accurate or complete, and do not constitute business, financial, investment, legal, tax, or other professional advice. We have no fiduciary responsibility to you, and you are required to consult with your own professional advisors independent of us, with respect to this information.

47. Onscreen Documents

Certain information, icons, and other service materials are displayed onscreen in our websites and the MoneyUp Smart Platform, and form an integral part of this Agreement. You are required to open, review, and comply with the terms of all such Documents.

48. Premium Features

As a MoneyUp Smart subscriber, you have access to Premium Features.  Each of these features is subject to change at our discretion and may be modified or discontinued at any time without prior notice.  Additional features may be added, substituted, modified or discontinued at any time without prior notice.  Premium features currently include the following:

Free Withdrawals: You have access to unlimited free bank transfers every month. This feature is subject to change at our discretion and may be limited, modified or discontinued at any time without prior notice.

Two Free E-Transfer Withdrawals: You have access to two free e-transfer withdrawals every month.  This feature is subject to change at our discretion and may be limited, modified or discontinued at any time without notice. 

FastForward Credit Limit Increase: You are eligible for an increased Credit Limit of up to 50% of your eligible income after making your first FastForward payment successfully. This increase is subject to our discretion and eligibility requirements, and may be modified or discontinued at any time without prior notice.

ShopSmart: You will have access to the ShopSmart feature, which allows you to plan spending ahead by creating a shopping list and scanning weekly digital flyers for deals and discounts.

Daily Dollars Sweepstakes: You have the chance to win two $50 e-gift cards daily. Chances of winning increase each month with on-time payments on the FastForward loan. This feature is subject to change at our discretion and may be modified or discontinued at any time without prior notice.  Participation of the Daily Dollars Sweepstakes is subject to the Terms and Conditions located at https://www.moneyup.ca/daily-dollars-terms. 

Prizeout Cashback: In addition to up to 20% bonus value with retailers, as a MoneyUp Smart subscriber you will earn an additional 2% cashback on all Prizeout card related spend in a calendar month. This feature is subject to change at our discretion and may be limited, modified or discontinued at any time without prior notice.

Rewards: You may receive access to certain third-party services at a discount or incentive. This feature is subject to change at our discretion and may be modified or discontinued at any time without prior notice.

Certain Premium Features may be subject to separate Terms and Conditions, and may be provided by third parties.  Your use of Premium Features and third party services are not required, and is done at your discretion.  The use of such services may be subject to separate terms and conditions of the thiurd party provider.  By using the third-party services, you acknowledge that you have read and accepted the relevant Terms of Use.

PART IV. GLOSSARY

49. Definitions

In this Agreement, the following words have the meanings given below:

“Applicable Law” means all applicable laws, directives, decisions, guidelines, injunctions, judgements, orders, policies, procedures, regulations, rules, rulings, standards, statutes, treaties, or writs of any kind of any administrative, governmental, judicial, regulatory, supervisory, or other authority, including applicable laws relating to anti-money laundering, anti-terrorist financing, and sanctions. All references to any Applicable Law, include each as amended, restated, revised, supplemented, replaced, or otherwise modified from time to time;

“Bank Account” has meaning given in your Payor’s PAD Agreement;

“Business Day” means a day other than Saturday, Sunday, or federal or provincial statutory holiday observed by Cashco the Province of Alberta;

“Cashco” means Cashco Financial Inc., an Alberta Corporation;

“Credit Limit” means the maximum amount you can borrow set out in your Disclosure Statement, as may be increased or decreased by us in accordance with this Agreement; 

“Default” has the meaning given in the Agreement;

“Document” means any agreement, amendment, communication, consent, disclosure, information, instruction, instrument, notice, statement, or other document in any form, including oral, electronic, or paper form;

“Disclosure Statement” means information about your MoneyUp FastForward Line of Credit disclosed to you from time to time, including details of your Credit Limit, payments, interest, and fees;

“Fees and Charges” means all fees and charges prescribed by us in this Agreement, including applicable fees and charges set out in the Disclosure Statement;

“Force Majeure” means any event, act, or omission beyond the reasonable control of a party exercising reasonable foresight and diligence, including a labour dispute, act of God, flood, fire, lightning, severe weather, shortage of materials, interruption in, or shortage of, the supply of electric power or other utilities, earthquake, act of terrorism, war, revolution, civil commotion, act of public enemies, blockade, embargo, pandemic disease, or any law, order, proclamation, regulation, ordinance, demand or requirement having legal effect of any regulatory authority or Applicable Law;

“MoneyUp FastForward Line of Credit” means the line of credit provided by Cashco, as the lender, to you, as the borrower, in accordance with this Agreement and the Disclosure Statement;

“MoneyUp Platform” means the online platform provided by Cashco to access and use MoneyUp Services, and includes the downloadable application;

“MoneyUp Services” mean the products and services provided by Cashco and available to you for use on the MoneyUp Platform, including the MoneyUp FastForward Line of Credit and other money lending, spending, and planning services available for use on the MoneyUp Platform;

“MoneyUp Smart Services” mean the subscription services provided by Cashco and available to you for use on the MoneyUp Platform, in accordance with this Agreement;

“PAD” mean a pre-authorized debit issued in accordance with the Payor’s PAD Agreement;

“Payor’s PAD Agreement” means your authorization for us to collect payments by way of pre-authorized debits from your Bank Account pursuant to the Payor’s PAD Agreement of this Agreement; 

“Per Diem” has the meaning given in the Disclosure Statement;

“Person” means an individual or natural person, corporation, joint venture, partnership, trust, unincorporated association, or other type of entity; 

“Prizeout” means Prizeout Corp., a Delaware corporation;

“Prizeout Service” means the digital gift card solution provided by Prizeout, enabling you to purchase virtual gift cards using the proceeds of an advance from your MoneyUp FastForward Line of Credit;

“Statement Date” has the meaning given in the Disclosure Statement;

“Statement Period” has the meaning given in the Disclosure Statement;

“Third Party Services” mean a product or service provided by a Person other than Cashco or a Person acting on behalf of Cashco, including the Prizeout Service;

“we” “our” and “us” means Cashco Financial Inc. carrying on business as MoneyUp at 4803 87 Street NW, #200, Edmonton, Alberta, T6B 1E6; telephone 1.844.438.6711; email info@moneyup.ca, who is also the “Lender” named in the Disclosure Statement; and

“you” and “your” means the Person entering into this Agreement with us, who is also the “Borrower” named in the Disclosure Statement.

50. Rules of Interpretation

The division of this Agreement into parts, sections, and subsections, and the use of headings, is for convenience of reference only and should not affect construction or interpretation. Words denoting the singular number will include the plural, and vice versa. Words denoting the gender include masculine, feminine and neutral genders, as the context permits. The word “including” means “including without limitation”, and the word “includes” means “includes without limitation”. All provisions, including all rights and obligations of the parties, are cumulative, and should not be interpreted as limiting any provision unless this intent is expressly indicated. References to this Agreement are meant to refer to this Agreement as a whole, and not any particular part unless the context otherwise requires. Unless otherwise specified, all dollar amounts referred to in this Agreement are in lawful money of Canada.