1. Introduction

These Terms and Conditions as amended from time to time (“Terms”) are a legal agreement between you and Payment Source Inc., the operator of the PaySimply service (the “Service”) and govern your use of the Service whether you access and use the Service on the PaySimply website at www.paysimply.ca or via the PaySimply mobile application. 

In these Terms, “we”, “our” and “us” mean Payment Source Inc. and “you” and “your” mean a customer of the Service.  

By using the Service, you accept and agree to be bound by and comply with these Terms and our Privacy Policy. 

2. Use of the Service

You may use the Service for the purposes of making tax and other payments to participating federal, provincial and municipal governmental agencies, educational institutions, utilities, healthcare agencies and other billers (‘”Billers”).  From time to time, we may, in our sole discretion, add or delete Billers. A searchable list of Billers is available at: https://www.paysimply.ca/Partner/Default.aspx/search/q/. 

In addition, from time to time, we may, in our sole discretion, add or delete payment methods that can be used to make payments to Billers. You understand that not all payment methods are available for all Billers and that the available payment options will be disclosed to you on the Payment Option page of our website at the time you make a payment request. You agree that we will not be liable for any damages caused by a change in accepted payments methods.

You agree not to use the Service for any illegal or unauthorized purpose, including, without limitation, in violation of any intellectual property or privacy law. When you make a payment using the Service, we will provide that payment to the Biller on your behalf. 

By agreeing to these Terms, you represent and warrant that you are at least the age of majority in your province, state or territory of residence and are legally capable of entering into a binding contract.

You agree not to use the Service to conduct any activity that would constitute a civil or criminal offence or violate any law. You agree not to attempt to interfere with the Service,  our website, the PaySimply mobile application, our network or any of our security features or to gain unauthorized access to our systems. 

You also agree to provide us with accurate personal information, such as your full name, social insurance number and email address and such other information as we may require, such as business name and business number, if applicable, in order that we may process and   complete your payment request and contact you as needed. You authorize us to collect and use your personal information in accordance with our Privacy Policy.

3. General Conditions

We reserve the right to refuse the Service to anyone, at any time, for any reason. We further reserve the right to, in our sole discretion, to decline to act on a payment request for any reason, including when:

• Such payment request is unclear or suspicious;

• Such payment request would violate any applicable law or regulation; or

• We have reason to believe the payment request was not authorized by you.

We reserve the right to make any modifications to the Service including terminating, changing, suspending or discontinuing any aspect of the Service at any time, without notice.

We may at any time in our sole discretion add, remove or amend these Terms and/or add, remove or amend any part of the Service including, without limitation, imposing additional rules or limits on the use of the Service. If we do so, we will post a notice on our website at www.paysimply.ca.You agree that your continued access or use of the Service after we post the notice will mean that you agree to and accept the new or revised Terms and/or any changes to the Service.

You agree that we will not be liable to you or any third party for any modification, suspension or discontinuance of the Service, or for any content, feature or product offered in connection with the Service.

If a Force Majeure event occurs, we will be excused from performing those obligations affected by the Force Majeure event.

4. Cookies

Most of the modern day interactive websites use cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our website to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate / advertising partners may also use cookies. 

By using the Service you consent to the use of cookies as set out in our  Privacy Policy, as amended from time to time.

5. License

Unless otherwise stated, we and/or our licensors own all rights, title and interest in the PaySimply website, the PaySimply mobile application, the Service and the PaySimply technology. All intellectual property rights are reserved. You may view and/or print pages from http://paysimply.ca for your own use only. 

You must not republish, sell, rent or sub-license, reproduce, duplicate or copy material from the PaySimply website at paysimply.ca or from the PaySimply mobile application. Furthermore, you must not redistribute content from the PaySimply website or the PaySimply mobile application (unless content is specifically made for redistribution) or hyperlink to our website.

6. Links to Third-Party Websites

Our Service may contain links to third party websites or services that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies or practices of any third party websites or services. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content or services available on or through any such third party websites or services. 

7. Payments Using the Service; Settlement of your Payments

All payments to participating Billers made using the Service are in Canadian dollars.

We reserve the right, in our sole discretion, to refuse payments, including without limitation, if we believe that you have made a false or fraudulent request, we will be entitled to cancel the request and inform the relevant authorities.

a. Failed or Unsuccessful Transactions Using Any Form of Payment

A successful transaction is a transaction which has been successfully processed. If we are unable to complete a payment instruction or request for any reason, (for example, insufficient funds or insufficient credit), the transaction will not be completed and you will receive a failed or unsuccessful transaction notification that your payment has not been processed. Neither we nor any third party payment processor is liable for failed or unsuccessful transactions. 

b. Settlement of Transactions

Tax Payments to Canada Revenue Agency (“CRA”) and Payments to Other Participating Governmental Agencies, Educational Institutions and Healthcare Institutions using the Service

In Person Payments at Canada Post

You may use the Service to make tax payments to CRA and other participating governmental agencies and payments to  participating educational institutions in-person at Canada Post, using an Interac debit card or cash. To make an in-person payment at Canada Post, you must obtain a QR Code from the PaySimply website or the PaySimply mobile application.

For in-person payments, the Canada Revenue Agency (“CRA”) will recognize that a payment has been made the same day as the transaction date for a successful transaction at Canada Post. Other in-person payments at Canada Post will be recognized within three (3) business days after the transaction date for a successful transaction at Canada Post.

Interac e-Transfer Payment

You may use the Service to make tax payments to CRA and other participating governmental agencies and payments to educational institutions and utilities on our website or via our PaySimply mobile application using Interac e-Transfer. For Interac e-Transfer payments,  the participating Biller will recognize payments within three (3) business days after Payment Source Inc. receives the e-Transfer. 

Credit Card Payments

You may use the Service to make tax payments to CRA and other participating governmental agencies and payments to educational institutions and utilities on our website or via our PaySimply mobile application using a credit card. For credit card payments,  the participating Biller will recognize payments within three (3) business days after the transaction date for a successful transaction on the PaySimply website or the PaySimply mobile application. In our PaySimply mobile application, you may also opt-in to store your credit card information to enable repeat payment. The stored credit card will be identified by a cryptographically secure token from your device to initiate a transaction when you select to pay with the previously saved card. 

PayPal Payments

You may use the Service to  make tax payments to CRA and other participating governmental agencies and payments to participating educational institutions with a registered PayPal account. Your PayPal account must be in full compliance with all applicable PayPal terms. 

For payments made with your PayPal account, the participating Biller will recognize payments within three (3) business days after the transaction date for a successful transaction on the PaySimply website or the PaySimply mobile application.

Alipay Payments

You may use your Alipay account to make municipal tax payments and payments to participating educational institutions and utilities. For payments made with your Alipay account, the participating Biller will recognize payments within three (3) business days after the transaction date for a successful transaction on the PaySimply website.

Installment Payments

You may use the Service to make tax payments to CRA and other participating governmental agencies and payments to educational institutions and utilities on our website using installment payments provided in partnership with our Installment Payment Partner. For installment payments, the participating Biller and the CRA will recognize payments within three (3) business days after the transaction date for a successful transaction on the PaySimply website.

8. Your Personal Information

You agree to be bound by the terms of our Privacy Policy which sets out how we collect, use, and share your personal information. 

9. Consent to Electronic Communications. 

You consent to receive electronic messages from us for purposes of confirming your payment requests and otherwise for dealing with any customer service issues relating to your use of the Service. We will send all such electronic messages to the email address or mobile telephone number you provide to us for that purpose. We will use your contact information, including email, in the future to notify you of any changes to the consent agreement. We will not be liable for any errors or issues in the communication address or number as provided by you for which you acknowledge you are solely responsible. You may also, at your option, consent to receiving commercial electronic messages containing information about Payment Source Inc.’s products, services and promotions. You have the right to be removed or opt-out from non-service oriented electronic messages by contacting Customer Service. 

10. Service Fees

You agree to pay our fees plus applicable taxes for each transaction using the Service in accordance with the fee schedule set out on the Payment Option page of our website at the time you make the payment request and you authorize us to charge the payment method you select with such fees. All fees are expressed in Canadian dollars and are inclusive of applicable taxes. We may change the fees we charge for transactions at any time.

11. Disclaimer and Limitation of Liability

You assume all responsibility and risk with respect to your use of the Service, which is provided “as is” without warranties, representations or conditions of any kind, either express or implied, with regard to information accessed from or via our website or via the PaySimply mobile application, including without limitation, all content and materials, and functions and services provided on our website or the PaySimply mobile application, all of which are provided without warranty of any kind, including but not limited to warranties concerning the availability, accuracy, completeness or usefulness of content or information, uninterrupted access, delays in transmission and any warranties of title, non-infringement, merchantability or fitness for a particular purpose. We do not warrant that our website or the PaySimply mobile application or their functioning or the content and material of the Service made available thereby will be timely, secure, uninterrupted or error-free, that defects will be corrected, or that our website or the PaySimply mobile application or the servers that make our website or the PaySimply mobile application available are free of viruses or other harmful components.

The use of the Service is at your sole risk and you assume full responsibility for any costs associated with your use of the Service. We will not be liable for any damages of any kind related to the use of the Service.

In no event will we, or our affiliates, our or their respective service providers, or any of our or their respective directors, officers, agents, contractors, suppliers or employees be liable to you for any direct, indirect, special, incidental, consequential, exemplary or punitive damages, losses or causes of action, or lost revenue, lost profits, lost business or sales, or any other type of damage, whether based in contract or tort (including negligence), strict liability or otherwise, arising from your use of, or the inability to use, or the performance of, the Service or the content or material or functionality of the Service, even if we are advised of the possibility of such damages.

Certain jurisdictions do not allow limitation of liability or the exclusion or limitation of certain damages. In such jurisdictions, some or all of the above disclaimers, exclusions, or limitations, may not apply to you and our liability will be limited to the maximum extent permitted by law.

Without limiting the generality of the foregoing, you understand and agree that it is your responsibility to ensure that the information that you provide to us is accurate and complete. This includes information about yourself, your social insurance number, business name and business number, if applicable, payment method details, and Biller and account information (“Payment Account Information”). We are not responsible for any payment processing errors, delays or fees incurred if you do not provide accurate and complete Payment Account Information.

We will have no responsibility and incur no liability to you if we are unable for any reason to effect the payment request, including without limitation, in the following circumstances:

• If the payment information and instruction is incomplete or inaccurate;

• If the payment account has insufficient funds or insufficient credit availability to cover the amount of the payment request plus any applicable taxes and fees;

• If the payment method information is incorrect, (for example, the credit/debit card number) or the Biller account information is inaccurate; if the Biller rejects or returns the payment for any reason;

• The Biller mishandles or delays handling or posting any payment received; or

• Any Force Majeure event.

Under no circumstances will we be responsible for any late payment penalties, fees or interest charges imposed by your Biller.

12. Indemnification

You agree to defend and indemnify us, and hold us and our affiliates harmless, and us and our affiliates respective directors, officers, agents, contractors, and employees against any losses, liabilities, claims, expenses (including legal fees) in any way arising from, related to or in connection with your use of the Service or your violation of the Terms. 

13. Refund Policy

You may reverse the transaction before funds are paid to the Biller by calling our Call Centre at 1-844-440-7777.  However, once a payment transaction is successfully completed and funds are transmitted directly to the Biller or indirectly to our electronic payment remittance service provider and then to the Biller, the payment amount and fees (including applicable taxes) are non-refundable by us. If you have a question about the status of your payment (such as whether the payment transaction was successful), email paysimply@paymentsource.ca or call our Call Centre at 1-844-440-7777.

If you wish to request a refund once the payment transaction has been successful, you may do so by contacting the Biller directly. You acknowledge that once the payment transaction has been successfully completed, we have no further obligation with regard to that payment and your sole recourse with regard to any refunds, or the goods or services provided by Biller, is to the Biller.

14. Termination

We may terminate or suspend your access to our Service immediately, without prior notice or liability, for any reason whatsoever, including your breach of these Terms. All provisions of the Terms which by their nature should survive termination shall survive termination, including without limitation, warranty disclaimers, indemnity and limitations of liability.

15. Language

It is agreed that this Agreement and all related documents, including notices, be drawn up in the English language only. Les parties aux présentes ont exigé que le présent contrat et tous les documents qui s’y rattachent soient rédigés en anglais seulement.

16. Entire Agreement

The Terms and any documents expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of the Terms and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing. Both you and we acknowledge that, in entering into these Terms, neither you nor we have relied on any representation, undertaking or promise given by the other or implied from anything said or written between you and us prior to such Terms, except as expressly stated in the Terms.

17. Waiver

Our failure to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision. A waiver by us of any default will not constitute a waiver of any subsequent default. No waiver by us is effective unless it is communicated to you in writing. 

18. Headings

Any headings and titles herein are for convenience only.

19. Binding Effect; Assignment

These Terms will be binding upon and enure to the benefit of Payment Source Inc. and its successors and assigns. We reserve the right to assign or subcontract the performance of the Service in whole or in part.

20. Severability

If any of the provisions of the Terms are determined by any competent authority to be invalid, unlawful or unenforceable, such provision will to that extent be severed from the remaining Terms, which will continue to be valid and enforceable to the fullest extent permitted by law.

21. Governing Law

Any disputes arising out of or relating to the Terms, the Privacy Policy, or the Service will be resolved in accordance with the laws of the Province of Ontario without regard to its conflict of law rules.

Any disputes, actions or proceedings relating to the Terms or your access to or use of the Service must be brought before the courts of the Province of Ontario in the City of Toronto, Ontario and you irrevocably consent to the exclusive jurisdiction and venue of such courts.