ZayZoon Canadian Terms of Service
Effective September 1, 2020
Thank you for using ZayZoon’s on-demand wage service. These terms of service (“Terms of Service”) constitute a legal agreement between you and ZayZoon Inc., (“ZayZoon”) an Alberta corporation. As used in these Terms of Service, the words “you” and “your” refer to you, the user of the ZayZoon Services (as defined below), as the party agreeing to these Terms of Service. The words “we”, “us”, “our” and any other variation thereof refer to ZayZoon. Any reference to “ZayZoon” in this document includes our directors, officers, employees, contractors, owners, agents, licensors, or licensees. As used in these Terms of Service, the term “ZayZoon Services” includes all services associated with ZayZoon’s websites and all devices or applications that we operate that link to these Terms of Service, pages within each such website, device, or application, any equivalent, mirror, replacement, substitute or backup website, device, or application, and pages that are associated with each such website, device, or application. The use of the word “including” in these Terms of Service to refer to specific examples will be construed to mean “including, without limitation” or “including but not limited to” and will not be construed to mean that the examples given are an exclusive list of the topics covered.
Capitalized terms not defined in the applicable paragraph will have the meaning set out in Section 15 below.
- Acceptance of Terms
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING THE ZAYZOON SERVICES, YOU AGREE TO BE BOUND BY THE TERMS OF SERVICE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF SERVICE, YOU MAY NOT ACCESS OR USE THE ZAYZOON SERVICES. You may not use the ZayZoon Services or accept these Terms of Service, if (a) you are not of legal age to form a binding contract with ZayZoon; (b) you are prohibited by law from receiving or using the ZayZoon Services; or (c) you are not a Canadian resident.
ZayZoon may modify this Terms of Service from time to time. Any and all changes to these Terms of Service will be posted on the ZayZoon website. The Terms of Service will always indicate the date it was last revised. When you use the ZayZoon Services after those changes are posted, you are deemed to have accepted the new Terms of Service and agree to be bound by any changes to the Terms of Service.
- Privacy and your Personal Information
- Your Information
You agree to provide accurate profile information, including, as applicable, your name, physical address, email address, work history and related information, and any additional information required for the provision of the ZayZoon Services (your “Information”). You further agree to promptly update all your Information whenever the Information provided to us is no longer accurate. You can update your Information by clicking on the settings link after you log in. If you need help in changing your information, please email us at email@example.com. If you do not do this, the accuracy and effectiveness of the ZayZoon Services provided to you will be affected. You represent that you are a legal owner of, and that you are authorized to provide us with, all Information and other information necessary to facilitate your use of the ZayZoon Services. We are not responsible for any payment processing errors or fees or other ZayZoon Services related issues arising from your failure to keep your Information current.
In order to allow you to use certain ZayZoon Services, we may be required to verify your identity. You authorize us to make any inquiries we consider necessary to validate your identity. These inquiries may include asking you for further information, requiring you to provide a taxpayer identification number, requiring you to take steps to confirm ownership of your email address or financial instruments or verifying information you provide against third party databases or through other sources. If you do not provide this information or we cannot verify your identity, we can refuse to allow you to use the ZayZoon Services.
You are responsible for maintaining the security of your account, passwords, and for all uses of your account with or without your knowledge or consent (excepting any use by ZayZoon). If you believe that your Information or a device that you use to access any site has been lost or stolen, that someone is using your account without your permission, or that an unauthorized transaction has occurred, you must notify us immediately at firstname.lastname@example.org.
- Disclosure and Consent to Electronic Communications
You understand and agree that you are entering into these Terms of Service electronically and that certain categories of information (“Communications”) may be provided by ZayZoon to you by electronic means (e.g., email, through the ZayZoon Service or to your mobile device), unless and until you withdraw your consent as described below. The categories of Communications that may be provided by electronic means include:
- these Terms of Service and any amendments, modifications, or supplements;
- records of any payment and other transactions you handle through the ZayZoon Services, including payment histories and transaction confirmations;
- disclosures or notices provided in connection with the ZayZoon Services, including any required by federal or provincial law (including initial disclosures, periodic statements, periodic and annual error resolution notices, initial and annual privacy notices, opt-out notices, and change-in-terms notices);
- any customer service communications, including communications with respect to claims of error or unauthorized use of the ZayZoon Services; and
- any other communication related to the ZayZoon Services.
Although we reserve the right to provide Communications in paper format at any time, you agree that we are under no obligation to do so. All Communications in either electronic or paper format will be considered to be “in writing.” You should print a paper copy of these Terms of Service and any Communication that is important to you and retain the copy for your records. If you do not wish to receive these Terms of Service or the Communications electronically, you may not use the ZayZoon Services.
If you have opened an account with us and you wish to withdraw your consent to have Communications provided electronically, you must close your account by contacting email@example.com and stop using the ZayZoon Services. There are no fees to close your account with us. Any withdrawal of your consent to receive electronic Communications will be effective only after we have a reasonable period of time to process your withdrawal and only after all outstanding transactions have been settled.
We reserve the right, in our sole discretion, to discontinue the provision of your electronic Communications, or to terminate or change the terms and conditions on which we provide electronic Communications. We will provide you with notice of any such termination or change as required by law.
You will be charged a flat fee (the “Processing Fee”) in the amount shown at the time you request your Advance from ZayZoon. The Processing Fee will be payable at the time of payment of your Advance.
The Processing Fee is the charge for participating in ZayZoon’s wage advance program (“WAP”) and it represents ZayZoon’s costs associated with processing your request. ZayZoon represents and warrants that you will not be required to pay any other charges or fees in connection with the WAP.
The Processing Fee is not dependent on the amount that you request from ZayZoon. You incur the Processing Fee for each request of Advance that you make. We want you to get the most from our service, and so we recommend that you keep this is in mind. Two advances of $100, for example, will cost twice as much as one advance of $200.
We don’t enjoy charging you fees, and we want to minimize the amount you pay to get your wages early. Please use our service in the way that’s best for you today and tomorrow.
There are no additional fees for using the ZayZoon Services.
- ZayZoon Services
Your right to access and use ZayZoon Services is personal to you and is not transferable by you to any other person or entity. You may only access and use the ZayZoon Services for lawful purposes. ZayZoon has partnered with your Payroll Provider, employer, or both to provide you access to the ZayZoon Services.
Upon distribution of your Advance, you, or ZayZoon on your behalf, will notify your Payroll Provider that you have received the Advance. Such notice will represent your acknowledgment that you have received a portion of your Accrued Wages, and your authorization and direction for the Payroll Provider to distribute to ZayZoon an amount (the “Repayment”) equal to the Advance and the Processing Fee equal from your next Distribution.
By using the ZayZoon Services, you warrant that the portion of the Accrued Wages that you are requesting to access are just and due and that the amount of Accrued Wages are greater than the Paid Wages. You acknowledge and agree that the Advance represents your accrued wages and, at the time your Employer makes a payment associated with such wages, the Repayment to ZayZoon plus your receipt of any remainder will constitute full and complete receipt of your wages.
In the event that you have received an Advance, it may constitute fraud for you to notify your Payroll Processor or Employer that you have not received a portion of your Accrued Wages through your use of the ZayZoon Services.
ZayZoon uses a number of variables to determine your earned wages, which may include but is not limited to, earnings history, time and attendance data, and employer confirmation. In rare instances, the determination of your earned wages may be incorrectly calculated. As a result, our system may distribute an Advance that is in excess of your earned wages. In such an event, you authorize such amounts to be deducted from your next following Distribution. In the event that this would create any financial issue for you, please reach out to ZayZoon at www.zayzoon.com where our support staff will work with you on this issue. You may withdraw this authorization at any time. For clarity, you will never incur additional fees as a result of this, and will not be charged any additional amounts.
Your access and use of ZayZoon Services may be interrupted from time to time for any of several reasons, including the malfunction of equipment, periodic updating, maintenance or repair of the ZayZoon Service, or other actions that ZayZoon, in its sole discretion, may elect to take. In no event will ZayZoon be liable to any party for any loss, cost, or damage that results from any period of downtime of the Sites or Services.
- Modification to ZayZoon Services
ZayZoon reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the ZayZoon Services with or without notice. We reserve the right to change the ZayZoon Services, including applicable fees, in our sole discretion and from time to time. In such event, if you are a member to the ZayZoon Service, we will provide notice to you. If you do not agree to the changes after receiving a notice of the change to the ZayZoon Services, you may stop using the ZayZoon Services. Your use of the ZayZoon Services after you are notified of any change(s) will constitute your agreement to such change(s). You agree that ZayZoon shall not be liable to you or to any third party for any modification, suspensions, or discontinuance of the ZayZoon Services.
- Rights You Grant to Us
By submitting information, data, passwords, usernames, PINs, other log-in information, materials and other content to ZayZoon through the ZayZoon Service, you are licensing that content to ZayZoon solely for the purpose of providing the ZayZoon Service. ZayZoon may use and store the content for the purpose of providing the ZayZoon Service to you. By submitting this content to ZayZoon, you represent that you are entitled to submit it to ZayZoon for use for this purpose, without any obligation by ZayZoon to pay any fees or other limitations.
By using the ZayZoon Service, you expressly authorize ZayZoon to access your Information, including any maintained by identified third parties, on your behalf as your agent. ZayZoon will submit information including usernames and passwords that you provide to log you into the site. You hereby authorize and permit ZayZoon to use and store information submitted by you to the ZayZoon Service (such as account passwords and usernames) to accomplish the foregoing and to configure the ZayZoon Service so that it is compatible with the third party sites for which you submit your information. For purposes of these Terms of Service and solely to provide the Information to you as part of the ZayZoon Service, you grant ZayZoon a limited power of attorney, and appoint ZayZoon as your attorney-in-fact and agent, to access third party sites, retrieve and use your information with the full power and authority to do and perform each thing necessary in connection with such activities, as you could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN ZAYZOON IS ACCESSING AND RETRIEVING ACCOUNT INFORMATION FROM THIRD PARTY SITES, ZAYZOON IS ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF THE THIRD PARTY. You understand and agree that the ZayZoon Service is not sponsored or endorsed by any third parties accessible through the ZayZoon Service.
- No Unlawful or Prohibited Use
As a condition of your use of the ZayZoon Services, you represent and warrant to ZayZoon that you will not use the ZayZoon Services for any purpose that is unlawful or prohibited by these Terms of Service.
You agree that you will not:
- request Accrued Wages that you do not have the complete right, title and interest;
- use the ZayZoon Services in any manner that could damage, disable, overburden, or impair the ZayZoon Services;
- obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the ZayZoon Services;
- access the ZayZoon Services by any means other than through the interface that is provided by ZayZoon for use in accessing the ZayZoon Services;
- use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the ZayZoon Services; or
- attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the ZayZoon Services.
If ZayZoon, in its sole discretion, believes that you may have engaged in any activities restricted by these Terms of Service or by law, we may take various actions to protect ZayZoon, other users, and other third parties from fees, fines, penalties, and any other liability. The actions we may take include the following:
- we may close, suspend, or limit your access to your account or ability to use the ZayZoon Services;
- we may update inaccurate information you provided us;
- we may refuse to allow you to use the ZayZoon Services in the future; and
- we may hold you liable to ZayZoon for the amount of ZayZoon’s damages caused by your violation of these Terms of Service.
ZayZoon, in its sole discretion, reserves the right to terminate these Terms of Service or access to the ZayZoon Services for any reason and at any time with or without notice to you.
ZayZoon represents and warrants that the Advances are issued on a nonrecourse basis, and as such, ZayZoon:
- has no legal or contractual claim or remedy against you based on your failure to repay in the event the amount advanced is not repaid in full;
- will not report your repayment history to a credit bureau; and
- will not engage with any third party debt collection services or otherwise sell any amount advanced as debt to a third party.
- ZayZoon’s Intellectual Property Rights
All content included or available in connection with the ZayZoon Services, including any and all materials, information, text, data, contents, names, trade names, trademarks, trade dress, service marks, layout, logos, designs, images, graphics, illustrations, artwork, icons, photographs, displays, sound, music, video, animation, organization, assembly, arrangement, interfaces, databases, technology, and all intellectual property of any kind whatsoever (collectively, the “Content”) and the selection and arrangement thereof is owned exclusively by ZayZoon or the licensors or suppliers of ZayZoon and is protected by Canadian and international copyright and other intellectual property laws. All rights are hereby reserved. Without limiting the foregoing, no Content on the ZayZoon Services may be copied, reproduced, duplicated, published, or distributed in any form or by any means whatsoever without the express prior written permission of ZayZoon or the appropriate licensor or supplier.
Any feedback, questions, comments, suggestions, ideas, or the like that you send to ZayZoon will be treated as being non-confidential and non-proprietary, and ZayZoon will be free to use such information for any purpose whatsoever including developing, manufacturing, and marketing products and services incorporating the information.
- Disclaimer of Representation and Warranties
THE ZAYZOON SERVICES, INFORMATION, DATA, FEATURES, AND ALL CONTENT IS OFFERED AND MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. ZAYZOON MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF THE ZAYZOON SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE ZAYZOON SERVICES IS AT YOUR SOLE RISK.
ZAYZOON MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, OR CONTINUED AVAILABILITY OF THE CONTENT ON THE ZAYZOON SERVICES, AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. ZAYZOON MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SITES OR SERVICES IS FREE OF BUGS, DEFECTS, OR ERRORS, OR INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITIOUSLY INTERCEPT, OR EXPROPRIATE ANY SYSTEM, DATA, OR PERSONAL INFORMATION.
ZAYZOON AND THE ZAYZOON SERVICES ARE NOT INTENDED TO PROVIDE LEGAL, TAX, OR FINANCIAL ADVICE. ZAYZOON IS NOT A FINANCIAL PLANNER, BROKER, OR TAX ADVISOR. Before making any final decisions or implementing any financial strategy, you should consider obtaining additional information and advice from your accountant or other financial advisers who are fully aware of your individual circumstances.
ZayZoon does not assume any responsibility for the timeliness, accuracy, deletion, non-delivery, or failure to store Information. Any information made available through the ZayZoon Services will only reflect the information that we most recently accessed, and as such, may not reflect activity that occurred after we last accessed the applicable Third Party Site or any pending transactions.
You understand and agree that any alerts provided to you through the ZayZoon Services may be delayed or prevented by a variety of factors. ZayZoon makes commercially reasonable efforts to provide alerts in a timely manner with accurate information, but we cannot guarantee the delivery, timeliness, or accuracy of the content of any alert. ZayZoon shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert.
- Limitation of Liability
ZAYZOON SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED, OR PUNITIVE DAMAGES YOU MAY INCUR IN CONNECTION WITH THE SITES, THE ZAYZOON SERVICES, YOUR USE THEREOF, OR ANY OF THE USER SUBMISSIONS, INFORMATION, DATA, OR OTHER MATERIAL TRANSMITTED THROUGH OR RESIDING ON THE ZAYZOON SERVICES, OR ANY ERRORS, DEFECTS, INTERRUPTIONS, DELETIONS, OR LOSSES RESULTING THEREFROM, INCLUDING LOSS OF PROFIT, REVENUE, OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO OR USE OF THE ZAYZOON SERVICES, EVEN IF ZAYZOON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNLESS OTHERWISE EXPRESSLY SET FORTH IN THESE TERMS OF SERVICE, ZAYZOON’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO US $500.00 (FIVE HUNDRED CANADIAN DOLLARS).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF THIS SECTIONS AND THE PREVIOUS SECTION MAY NOT APPLY TO YOU.
- Indemnification of ZayZoon
You shall defend, indemnify and hold harmless ZayZoon and its officers, directors, shareholders, and employees, from and against all claims and expenses, including but not limited to attorney’s fees, in whole or in part arising out of or attributable to any breach of these Terms of Service by you.
- Governing Law & Forum for Disputes
These Terms of Service, and your relationship with ZayZoon under these Terms of Service, shall be governed by the laws of the Province of Alberta without regard to its conflict or choice of laws provisions. Any dispute with ZayZoon, or its officers, directors, employees, agents or affiliates, arising under or in relation to these Terms of Service shall be resolved exclusively through the small-claims court of the Provincial Court Civil of Alberta except with respect to imminent harm requiring temporary or preliminary injunctive relief in which case ZayZoon may seek such relief in any court with jurisdiction over the parties. You understand that, in return for agreement to this provision, ZayZoon is able to offer the ZayZoon Services at the terms designated, and that your assent to this provision is an indispensable consideration to these Terms of Service.
You also acknowledge and understand that, with respect to any dispute with ZayZoon, its officers, directors, employees, agents or affiliates, arising out of or relating to your use of the ZayZoon Services or these Terms of Service:
YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; and
YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.
In these Terms of Service, including the recitals, the following words and phrases will have the following meaning
“Distribution” means the final processing and settlement of wages or salary to you by Payroll Processor at the end of a pay period;
“Advance” means the amount of accrued wages that you have requested for payment by ZayZoon. In no event will the Advance exceed 50% of the Accrued Wages;
“Payroll Processor” means the company that provides you with payroll settlement processing, including but not limited to Distribution;
“Accrued Wages” mean the net wages that are payable, but not yet paid, for work that has been performed by you.
If any portion of these Terms of Service is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, these Terms of Service as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of these Terms of Service that is unlawful, void or unenforceable shall be stricken from these Terms of Service.
You agree that if ZayZoon does not exercise or enforce any legal right or remedy which is contained in these Terms of Service (or which ZayZoon has the benefit of under any applicable law), this will not be taken to be a formal waiver of ZayZoon’s rights and that those rights or remedies will still be available to ZayZoon.
All covenants, agreements, representations and warranties made in these Terms of Service shall survive your acceptance of these Terms of Service and the termination of these Terms of Service.
These Terms of Service represents the entire understanding and agreement between you and ZayZoon regarding the subject matter of the same, and supersedes all other previous agreements.