When $1 ≠ $1: MintChip Terms and Conditions

The following Terms and Conditions for NanoPay’s MintChip Android app are not available anywhere online, even at the links that NanoPay provides. This document is posted here, therefore, to save you the trouble of downloading the app only to find (or skip over) some disturbing conditions of use.

In particular, the question of currency sovereignty and surveillance are at issue under the section “Eligibility.” NanoPay acknowledges Canadian legal jurisdiction but adds non-Canadian restraints regarding U.S. embargoes.

Why Apple Inc. is part of this agreement is of concern. The MintChip app I downloaded was version 1.0.2 for Android.

Finally, there are plenty of disclaimers regarding reliability, defects, security, errors, and damage.

Highlights and endnotes have been added as supplementary information.

MintChip™ Terms and Conditions

Effective March 1st, 2016

USE OF THIS MINTCHIP MOBILE APPLICATION (THE “APPLICATION”) CONSTITUTES ACCEPTANCE OF THESE TERMS OF USE (“TERMS”), AS SUCH MAY BE REVISED BY NANOPAY CORPORATION FROM TIME TO TIME, AND IS A BINDING AGREEMENT BETWEEN THE USER (“USER”) AND NANOPAY CORPORATION (“NANOPAY”) GOVERNING THE USE OF THE APPLICATION. BY DOWNLOADING OR INSTALLING THIS APPLICATION USER ACKNOWLEDGES AND AGREES TO BE BOUND BY THESE TERMS. IF USER DOES NOT AGREE TO THESE TERMS USER SHOULD UNINSTALL THIS APPLICATION IMMEDIATELY.

Application Functionality

MintChip™ is a mobile application that enables user to send money to friends and family using their email address. Users can also use the MintChip mobile app to pay for goods and services at merchants that accept payment by MintChip. For more information about how MintChip works, users can review the FAQ on www.mintchip.ca/faq.html.

Eligibility

The Application may only be used by individuals aged thirteen (13) years or older. If the User is thirteen (13) years or older but under the age of majority in their jurisdiction of residence, User should review these Terms with User’s parent or guardian to make sure the User and User’s parent or guardian understands and agrees to be legally bound by them. User (and/or User’s parent or guardian) represents and warrants that (a) he/she is not located in a country that is subject to a U.S. government embargo or that has been designated by the U.S. government as a “terrorist supporting” country; and (b) he/she is not listed on any U.S. government list of prohibited or restricted parties.

Apple Terms and Conditions; nanoPay Policies

These Terms supplement and incorporate (a) the Apple, Inc. (“Apple”) Terms and Conditions (located at www.apple.com/legal/internet-services/itunes/ca/terms.html#apps) [1] including, without limitation, the Licensed Application End User License Agreement provided therein (“Apple Terms”); and (b) other nanoPay policies, posted at www.nanoPay.net [2] (“nanoPay Website”). If any of the provisions of the Apple Terms or the any applicable nanoPay policies conflict with these Terms, these Terms will control, solely to the extent such terms apply to the Application.

User License

Subject to these Terms, nanoPay grants the User a personal, non-exclusive, non-transferable, limited, and revocable license to use the Application for personal use only on an iOS product (a “Device”) owned or controlled by User as permitted by the Usage Rules contained in the Apple Terms and in accordance with these Terms (“User License”). Any use of the Application in any other manner, including, without limitation, resale, transfer, modification or distribution of the Application or text, pictures, music, barcodes, video, data, hyperlinks, displays, and other content associated with the Application (“Content”) is prohibited. These Terms and User License also govern any updates to, or supplements or replacements for, this Application unless separate terms accompany such updates, supplements, or replacements, in which case the separate terms will apply.

Mobile Payment

Users who download the Application to a Device may also elect to use certain functionality of the Application that allows the User to use a Device to purchase nanoPay products using a nanoPay stored value card (“nanoPay Card”) in accordance with the nanoPay Card Terms and Conditions (located at www.nanoPay.ca/card/rewards/rewards-program-ts-and-cs) [3] or other permitted payment method (“Mobile Payment”). Mobile Payment is accepted at all company operated nanoPay retail locations and some nanoPay licensed stores. nanoPay reserves the right at any time to discontinue Mobile Payment or change the location and/or number of stores accepting Mobile Payment.

User Information

Application Features, including Mobile Payment, location-based functionality, and e-Gifting, may require access to User’s address book and may require the transmission of information provided by the User, including user names and passwords, addresses, e-mail addresses, financial information (such as credit card numbers), information related to a nanoPay Card, or GPS location (“User Information”). If the User chooses to use such Application Features, the User consents to the transmission of User Information to nanoPay and/or its agents and authorizes nanoPay and/or its agents to record, process, and store such User Information as necessary for the Application Features and for purposes described in the nanoPay Privacy Policy (located at www.nanoPay.ca/about-us/company-information/online-policies/privacy-statement). [4]

If you choose to use Application Features that allow you to send messages or eGifts to third parties, you must obtain their permission to provide their personal information, such as their name or email address, to nanoPay, and the Application. You may only send messages or eGifts to friends with whom you have had a voluntary two way communication and with whom who you have a personal relationship, or to family members to whom you are related by blood relationship, marriage, a common-law partnership, or adoption. The referred information will be used by the Application and nanoPay for the purpose of contacting your friend(s) or family, on your behalf, to carry out the Feature, for example, by delivering an eGift.

The User is solely responsible for maintenance of the confidentiality and security of any User Information transmitted from or stored on a Device for purposes of the Application, including Mobile Payment, for all transactions and other activities undertaken with any nanoPay Card registered in the User’s name, whether authorized or unauthorized. The User agrees to immediately notify nanoPay of any unauthorized transactions associated with the Application including Mobile Payment or any other breach of security. nanoPay shall not be responsible for any losses arising out of the loss or theft of User Information transmitted from or stored on a Device or from unauthorized or fraudulent transactions associated with Application.

Email Communications

If a User signs up for a nanoPay account using the Application, the User will have the opportunity to opt-in to receive promotional email communications from nanoPay (“Email Communications”). Thereafter, the User may opt out of receiving Email Communications solely by adjusting the User’s profile settings in the User’s nanoPay account via www.nanoPay.net.

Acceptable Use

User’s use of the Application, any Content, and User Information transmitted in connection with the Application is limited to the contemplated functionality of the Application. In no event may the Application be used in a manner that (a) harasses, abuses, stalks, threatens, defames, or otherwise infringes or violates the rights of any other party (including but not limited to rights of publicity or other proprietary rights); (b) is unlawful, fraudulent, or deceptive; (c) uses technology or other means to access nanoPay or Content that is not authorized by nanoPay; (d) uses or launches any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” to access nanoPay or Content; (e) attempts to introduce viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment; (f) attempts to gain unauthorized access to nanoPay computer network or user accounts; (g) encourages in conduct that would constitute a criminal offense or that gives rise to civil liability; (h) violates these Terms or any other agreement you may have with nanoPay; (i) attempts to damage, disable, overburden, or impair nanoPay servers or networks; or (j) fails to comply with any applicable third party terms, including without limitation, the Apple Terms (collectively “Acceptable Use”). nanoPay reserves the right, in its sole discretion, to terminate any User License, terminate any User’s participation in Mobile Payment, remove Content, or assert legal action with respect to Content or use of the Application, including Mobile Payment, that nanoPay reasonably believes is or might be in violation of these Terms, Apple Terms, or other applicable nanoPay policies including without limitation the nanoPay Card Terms of Use. nanoPay failure or delay in taking such actions does not constitute a waiver of its rights to enforce these Terms.

Indemnification

At nanoPay request, the User agrees to defend, indemnify, and hold harmless nanoPay, its parent and other affiliated companies, and their employees, contractors, officers, and directors from any and all claims, suits, damages, costs, lawsuits, fines, penalties, liabilities, expenses (including legal fees and disbursements on a solicitor-client basis) that arise from the User’s use or misuse of the Application (including Mobile Payment), violation of these Terms, or violation of any rights of a third party. nanoPay reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User, in which event the User will cooperate in asserting any available defenses. In the event of any third party claim that the Application or User’s possession and use of the Application infringes that third party’s intellectual property right, nanoPay, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.

Warranties; Disclaimers

NANOPAY IS PROVIDING THE APPLICATION TO THE USER “AS IS” AND THE USER IS USING THE APPLICATION AT HIS OR HER OWN RISK. TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, NANOPAY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES THAT THE APPLICATION IS MERCHANTABLE, RELIABLE, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, NON-INFRINGING, FREE OF DEFECTS OR ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, THAT THE USE OF THE APPLICATION BY THE USER IS IN COMPLIANCE WITH LAWS APPLICABLE TO THE USER, OR THAT USER INFORMATION TRANSMITTED IN CONNECTION WITH THE APPLICATION (INCLUDING AS PART OF MOBILE PAYMENT) WILL BE SUCCESSFULLY, ACCURATELY, OR SECURELY TRANSMITTED.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NANOPAY MAKES NO REPRESENTATION OR WARRANTY THAT: (I) THE APPLICATION WILL BE COMPATIBLE WITH YOUR DEVICE AND SOFTWARE; (II) THE APPLICATION WILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION OR ERROR; (III) THE USE OF THE APPLICATION, INCLUDING, WITHOUT LIMITATION, THE BROWSING AND DOWNLOADING OF ANY INFORMATION, WILL BE FREE OF ANY VIRUSES, TROJAN HORSES, WORMS OR OTHER DESTRUCTIVE, INTRUSIVE OR DISRUPTIVE COMPONENTS; (IV) THE TRANSMISSION OF INFORMATION TO AND FROM THE APPLICATION WILL BE SECURE; (V) THE USE OF THE APPLICATION WILL NOT INFRINGE THE RIGHTS (INCLUDING, WITHOUT LIMITATION, INTELLECTUAL PROPERTY RIGHTS) OF ANY PERSON; OR (VI) THE USE OF THE APPLICATION WILL NOT CAUSE ANY DAMAGE TO YOUR DEVICE, SOFTWARE OR ELECTRONIC FILES.

ANY PRODUCTS AND/OR SERVICES DESCRIBED ON THE APPLICATION ARE OFFERED IN JURISDICTIONS WHERE THEY MAY BE LEGALLY OFFERED FOR SALE. THE INFORMATION AVAILABLE ON OR THROUGH THE APPLICATION IS NOT AN OFFER OR SOLICITATION BY ANYONE TO ANYONE IN ANY JURISDICTION IN WHICH AN OFFER OR SOLICITATION CANNOT LEGALLY BE MADE, OR TO ANY PERSON TO WHOM IT IS UNLAWFUL TO MAKE A SOLICITATION.

In the event of any failure of the Application to conform to any applicable warranty, User may notify Apple, and Apple will refund the purchase price for the Application to the User and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be nanoPay sole responsibility. Additionally, Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application. nanoPay, not Apple, is responsible for addressing any claims of the User or any third party relating to this Application.

No Liability

TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, IN NO EVENT SHALL NANOPAY (A) BE LIABLE TO THE USER WITH RESPECT TO USE OF THE APPLICATION, INCLUDING WITHOUT LIMITATION PARTICIPATION IN MOBILE PAYMENT; OR (B) BE LIABLE TO THE USER FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, LOSS, THEFT OR CORRUPTION OF USER INFORMATION, THE INABILITY TO USE THE APPLICATION OR DEVICE FAILURE OR MALFUNCTION. THE USER’S SOLE REMEDY IS TO CEASE USE OF THE APPLICATION OR TO CEASE PARTICIPATION IN MOBILE PAYMENT.

Marks, Application and Content

nanoPay, the nanoPay logo, and other nanoPay trademarks, service marks, graphics, and logos used in connection with the Application are trademarks or registered trademarks of nanoPay Corporation (collectively “nanoPay Marks”), and are used in Canada by nanoPay inc. under license. Other trademarks, service marks, graphics and logos used in connection with the Application are the trademarks of their respective owners (collectively “Third Party Marks”). The nanoPay Marks and Third Party Marks may not be copied, imitated, or used, in whole or in part, without the prior written permission of nanoPay or the applicable trademark holder. The Application and the Content are protected by copyright, trademark, patent, trade secret, international treaties, laws, and other proprietary rights and also may have security components that protect digital information only as authorized by nanoPay or the owner of the Content.

Governing Law and Jurisdiction

For residents of Canada outside of Quebec, these Terms are governed by the laws of the Province of Ontario and the laws of Canada therein, and in respect of the application of these Terms, the parties hereby irrevocably attorn to the jurisdiction of the courts of the Province of Ontario located in Toronto, Ontario. For residents of Canada inside of Quebec, these Terms are governed by the laws of the Province of Quebec and the laws of Canada therein, and in respect of the application of these Terms, the parties hereby irrevocably attorn to the jurisdiction of the courts of the Province of Quebec located in Montreal, Quebec.

Third Party Beneficiary

Apple and Apple’s subsidiaries are third party beneficiaries of these Terms. Upon User’s acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against User as a third party beneficiary thereof.

Changes

nanoPay reserves the right to change or modify these Terms or any other nanoPay policies related to use of the Application at any time and at its sole discretion by changing these Terms within the Application or by posting revisions on the nanoPay Website. Continued use of the Application following such changes or modifications to the Terms or other nanoPay policies will constitute acceptance of such changes or modifications.

General

If any provision of these Terms is held invalid or unenforceable by any court having competent jurisdiction, such provision shall be enforced to the maximum extent permitted by law, and the remaining provisions of these Terms shall continue in full force and effect. No failure to exercise or waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision of these Terms. These Terms are binding upon you, your heirs, executors, beneficiaries, successors and assigns, and you may not assign these Terms to any other party without our prior written consent, which consent may be withheld in our sole and absolute discretion.

Language

By using the English version of the Application, the parties acknowledge and agree that they have required that this Agreement be prepared in the English language. En utilisant la version anglaise de l’application, les parties reconnaissent avoir exigé que la présente convention soit rédigée en anglais.

Contact nanoPay

If you have any questions about nanoPay’s Terms and Conditions, please write: by email to info@nanopay.net or by mail to 171 East Liberty Street, Suite 340, Toronto, ON, M6K 3P6, CANADA.

Endnotes

  • [1] Apple terms are approximately 22,500 (twenty-two thousand, five hundred) words long.
  • [2] No additional terms could be found at the NanoPay web site.
  • [3] Link does not work at the time of this writing. Redirects to GoDaddy.com.
  • [4] Link does not work at the time of this writing. Redirects to GoDaddy.com.
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