Legal Terms and Disclaimer
IMPORTANT! YOUR ACCESS TO THIS WEBSITE IS SUBJECT TO LEGALLY BIND-ING TERMS AND CONDITIONS. CAREFULLY READ ALL OF THE FOLLOWING TERMS AND CONDITIONS BEFORE PROCEEDING. ACCESSING THIS WEBSITE BY CLICKING THE “I ACCEPT” BUTTON BELOW, IS THE EQUIVALENT OF YOUR SIGNATURE AND INDICATES YOUR AUTHORITY TO ACCEPTANCE OF THESE TERMS AND CONDITIONS AND THAT YOU INTEND TO BE LEGALLY BOUND BY THEM. YOU FURTHER AGREE AND ACKNOWLEDGE THAT YOU HAVE AUTHORITY TO BIND THE MERCHANT ON WHOSE BEHALF YOU ARE ACCESSING THIS WEB SITE.

IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, PLEASE DO NOT LOGIN.

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This Web Site Legal Terms and Disclaimer (the “Agreement”) is an agreement between, on the one hand, the merchant receiving processing services (“You”) and on the other hand, either Nuvei Corp., if you have a Canadian merchant account or Nuvei Inc., if you have a US merchant account (each company referred to respectively as “Nuvei”). “We” and “Us” means both You and Nuvei. The effective date of this Agreement is when You accept or are deemed to accept this Agreement in accordance with the procedure set out in this Agreement.

You hereby consent to the exchange of information and documents between Us electronically over the Internet or by e-mail, and that this electronic Agreement shall be the equivalent of a written paper agreement between Us.

1. Ownership And Copyright. You acknowledge that any and all information, con-tent, reports, data, databases, graphics, interfaces, web pages, text, files, software, product names, company names, trade-marks, logos and trade names contained on this web site (collectively the “Content”) including the manner in which the Content is presented or appears and all information relating thereto, are the property Nuvei Inc. or its licensors, as the case may be.

2. Permitted Use. Nuvei hereby grants to You a personal, non-transferable and non-exclusive license to access, read and download one copy of the Content.

3. Restrictions On Use. You agree that You will not:

(i) create derivative works of, reverse engineer, decompile, disassemble, adapt, translate, transmit, arrange, modify, copy, bundle, sell, sub-license, export, merge, transfer, adapt, loan, rent, lease, assign, share, outsource, host, publish, make available to any person or otherwise use, either directly or indirectly, the Content in whole or in part, in any form or by any means whatsoever, be they physical, electronic or otherwise, except as otherwise permitted in this Agreement. You shall not permit, allow or do anything that would infringe or otherwise prejudice the proprietary rights of Nuvei or its licensors or allow any third-party to access the Content. The restrictions set out in this Agreement shall not apply to the limited extent the restrictions are prohibited by applicable law; or
(ii) distribute the Content for any purpose including without limitation compiling an internal database, redistributing or reproduction of the Content by the press or media or through any commercial network, cable or satellite system.


4. License To Use Your Information. With the exception of personal information, You hereby grant to Nuvei the perpetual, unlimited, royalty-free, world wide, non-exclusive, irrevocable, transferable license to run, display, copy, reproduce, publish, bundle, distribute, market, create derivative works of, adapt, translate, transmit, arrange, modify, sub-license, export, merge, transfer, lease, assign, share, outsource, host, make available to any person or otherwise use, any information or other content You may provide on or through this web site, or which is sent to Nuvei by e-mail or other correspondence, including without limitation, any ideas, concepts, inventions, know-how, techniques or any intellectual property contained therein, for any purpose whatsoever. Nuvei shall not be subject to any obligations of confidentiality regarding any such information unless specifically agreed by Nuvei in writing or required by law. You represent and warrant that you have the right to grant the license set out above.

5. Personal Information. Nuvei may from time to time, but is not obligated to, monitor your use of the web site and collect, store, use and disclose to its suppliers, including sponsoring banks, personal information about You for purposes of risk moni-toring and demographic and statistical analysis, and You hereby consent to such collec-tion, storage, use and disclosure and waive any right of privacy You may have. We agree to use commercially reasonable precautions to keep all disclosed personal information secure. Any such information collected shall not be sold to third parties for any purpose except as otherwise provided or permitted by You.

6. Limitations on Liability and Disclaimers. ALTHOUGH THIS WEB SITE USES ENCRYPTION SECURITY, THERE IS NO GUARANTEE THAT PERSONAL INFOR-MATION AND TRANSACTIONS ON THIS WEB SITE OR ON THE INTERNET WILL BE MAINTAINED CONFIDENTIAL AND SECURE. THE USE OF THIS WEB SITE AND THE CONTENT IS AT YOUR OWN RISK AND Nuvei ASSUMES NO LIABILITY OR RESPONSIBILITY PERTAINING TO THE CONTENT, YOUR USE OF THE WEB SITE OR THE RECEIPT, STORAGE, TRANSMISSION OR OTHER USE OF YOUR PERSONAL INFORMATION.

Nuvei does not assume responsibility for the accuracy or appropriateness of the information, data, opinions, advice, or statements contained at such sites, and when You access such sites, You are doing so at Your own risk. In providing links to the other sites, Nuvei is in no way acting as a publisher or disseminator of the material contained on those other sites and does not seek to monitor or control such sites. A link to another site should not be construed to mean that Nuvei is affiliated or asso-ciated with same. This web site may contain links to other sites. This web site and its Content are not to be construed as a form of promotion or an offer to sell any product or service

Nuvei will not be responsible for any damages You or any third-party may suffer as a result of the transmission, storage or receipt of confidential or proprietary information that You make or that You expressly or implicitly authorize Nuvei to make, or for any errors or any changes made to any transmitted, stored or received information.

You are solely responsible for the retrieval and use of the Content. You should apply Your own judgment in making any use of any Content, including, without limitation, the use of the information as the basis for any conclusions.

THE CONTENT MAY NOT BE ACCURATE, UP TO DATE, COMPLETE OR UN-TAMPERED, AND IS NOT TO BE RELIED UPON.

THE CONTENT IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE INTERPRETED AS A RECOMMENDATION FOR ANY SPECIFIC USE OR COURSE OF ACTION. THE CONTENT ON THIS WEB SITE IS NOT INTENDED TO BE USED AS A SUBSTITUTE OF ANY KIND FOR PROFESSIONAL ADVICE. YOU SHOULD NOT ACT OR RELY ON ANY OF THE CONTENT WITHOUT SEEKING ADVICE OF A QUALIFIED PROFESSIONAL.

EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, THIS WEB SITE AND ALL CONTENT, PRODUCTS/SERVICES AND SOFTWARE ON THIS WEB SITE OR MADE AVAILABLE THROUGH THIS WEB SITE ARE PROVIDED “AS IS” WITH-OUT ANY REPRESENTATIONS, WARRANTIES, GUARANTEES OR CONDITIONS, OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, WARRANTIES AS TO UNINTERRUPTED OR ERROR FREE OPERATION, AVAILABILITY, ACCURACY, COMPLETENESS, CUR-RENTNESS, RELIABILITY, TIMELINESS, LEGALITY, SUITABILITY, PRIVACY, SECURITY, MERCHANTABILITY, QUALITY, TITLE, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE.

IN NO EVENT WILL Nuvei, ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS, OR THEIR RESPECTIVE DIRECTORS, OFFICERS OR EMPLOYEES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, AGGRAVATED, ECONOMIC OR CONSE-QUENTIAL DAMAGES, HOWSOEVER CAUSED, INCLUDING BUT NOT LIMITED TO: DAMAGES FOR LOSS OF USE, LOST PROFITS OR LOST SAVINGS, EVEN IF NUVEI OR ANY OF ITS LAWFUL AGENTS OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM.

IN NO EVENT WILL NUVEI, ITS AFFILIATES, AGENTS, LICENSORS, SUPPLI-ERS, OR THEIR RESPECTIVE DIRECTORS, OFFICERS OR EMPLOYEES, BE LIABLE FOR DAMAGES OR LOSSES RESULTING FROM: VIRUSES, DATA CORRUPTION, FAILED MESSAGES, TRANSMISSION ERRORS OR PROBLEMS; TELECOM-MUNICATIONS SERVICE PROVIDERS; LINKS TO THIRD-PARTY WEB SITES; THE INTERNET BACKBONE; PERSONAL INJURY; THIRD-PARTY CONTENT, PRODUCTS OR SERVICES; DAMAGES OR LOSSES CAUSED BY YOU, OR YOUR RESPECTIVE EMPLOYEES, AGENTS OR SUBCONTRACTORS; LOSS OF USE OR LACK OF AVAILABILITY OF FACILITIES INCLUDING COMPUTER RESOURCES, ROUTERS AND STORED DATA; THE USE OR INABILITY TO USE THIS WEB SITE OR THE CONTENT; ANY OTHER WEB SITE ACCESSED TO OR FROM THIS WEB SITE; OR EVENTS BEYOND THE REASONABLE CONTROL OF NUVEI, EVEN IF NUVEI OR ANY OF ITS LAWFUL AGENTS, OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM.

IN NO CASE WILL THE NUVEI’S, ITS AFFILIATES’, AGENTS’, LICENSORS’, SUPPLIERS’, AND THEIR RESPECTIVE DIRECTORS’, OFFICERS’ AND EMPLOYEES’ CUMULATIVE TOTAL LIABILITY ARISING UNDER ANY CAUSE WHATSOEVER (INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, TORT, NEGLI-GENCE, GROSS NEGLIGENCE, OR OTHERWISE) BE FOR MORE THAN ONE HUN-DRED ($100) DOLLARS.

THE CONTENT ON THIS SITE MAY BE CHANGED WITHOUT NOTICE TO YOU. NUVEI DISCLAIMS ANY LIABILITY FOR UNAUTHORIZED USE OR REPRO-DUCTION OF ANY PORTION OF THE WEB SITE. ACCESSING THE CONTENT FROM TERRITORIES WHERE IT MAY BE ILLEGAL IS PROHIBITED.

7. Termination. This Agreement is effective until terminated by Nuvei, with or without cause, in Nuvei’s sole and unfettered discretion. Nuvei may terminate this Agreement without notice to You if You fail to comply with any of its terms. Any such termination by Nuvei shall be in addition to and without prejudice to such rights and remedies as may be available to Nuvei, including injunction and other equitable remedies.

The disclaimers, limitations on liability, ownership, termination, interpretation, Your license to Nuvei, Your warranty and the indemnity provisions of this Agreement shall survive the termination or expiry of this Agreement.

8. Indemnity. You agree at all times to indemnify, defend and hold harmless Nuvei, its agents, suppliers, affiliates and their respective directors, officers and employees against all actions, proceedings, costs, claims, damages, demands, liabilities and expenses whatsoever (including legal and other fees and disbursements) sustained, incurred or paid by the Nuvei directly or indirectly in respect of:

(i) any information or other content You provide on or through this web site or by e-mail or other correspondence; or
(ii) Your use or misuse of the Content or this web site, including without limitation infringement claims.


9. Governing Law. Nuvei, this web site and the Content (excluding linked web sites or content) are physically located within the Province of Quebec, Canada. This web site and its Content are intended to be read by Canadian and US residents only. This Agreement will: (i) in the case of Canadian accounts, be governed by the laws of the Province of Quebec and the federal laws of Canada and shall be treated in all respects as a Quebec contract, without reference to the principles of conflicts of law; and (ii) in the case of US accounts, be governed by the laws of the State of New York, without reference to the principles of conflicts of law. In the event of a dispute, We agree to submit to the exclusive jurisdiction of the Quebec courts (if You have a Canadian merchant account) and New York courts (if You have a US account). You agree to waive any right You may have to: (i) a trial by jury; and (ii) commence or participate in any class action against Nuvei related to this web site, the Content or this Agreement and, where, applicable, You also agree to opt out of any class proceedings against Nuvei, its affiliates or its licensors. We have required that this Agreement and all documents relating thereto be drawn-up in English. Nous avons demandé que cette convention ainsi que tous les documents qui s’y rattachent soient rédigés en anglais.

10. Interpretation. The division of this Agreement into sections and the insertion of headings are for convenience of reference only and shall not affect the construction or interpretation of this Agreement. In this Agreement, words importing the singular number include the plural and vice versa; and words importing persons include individuals, sole proprietors, partnerships, corporations, trusts and unincorporated associations. All references to money amounts in this Agreement, unless otherwise specified, are in Canadian dollars.

11. Entire Agreement. This Agreement as it may be amended from time to time in accordance with the provisions of Section 12, and any and all other legal notices and policies on this web site, constitute the entire agreement between You and Nuvei with respect to the use of this web site and the Content.

12. Amendment and Waiver. Nuvei reserves the right, in its discretion, to amend this Agreement at any time by posting amendments on this web site. You are responsible for periodically reviewing the amendments on this web site and You are deemed to be aware of such amendments. If You do not agree to the amended terms and conditions, You shall immediately stop using this web site. Access to this web site or use of this web site after any amendments have been posted shall constitute Your acknowledgement and acceptance of the amended terms and conditions. No supplement, modification or amendment to this Agreement and no waiver of any provision of this Agreement shall be binding on Nuvei unless executed by Nuvei in writing. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision (whether or not similar) nor shall such waiver constitute a continuing waiver unless otherwise expressly provided.

13. Severability. Any provision of this Agreement which is held by a court of com-petent jurisdiction to be illegal, invalid or unenforceable in such jurisdiction shall, as to that jurisdiction, be ineffective to the extent of such illegality, invalidity or unenforceability and shall otherwise be enforced to the maximum extent permitted by law, all without affecting the remaining provisions of this Agreement or affecting the legality, validity or enforceability of such provision in any other jurisdiction.

14. Enurement. This Agreement shall enure to the benefit of and be binding upon each of Us and our respective successors and permitted assigns. You acknowledge having read this Agreement before accepting it, having the authority to accept this Agreement.