CONSUMER TERMS OF SERVICE
Thank you for using GoInterpay’s web-based international transaction system.
THESE TERMS (THE “TERMS OF SERVICE”) ARE A LEGAL AGREEMENT BETWEEN YOU (“YOU”) AND GOINTERPAY, A DIVISION OF CALGARY FOREIGN EXCHANGE LTD. (“GOINTERPAY”). ANY PURCHASES MADE BY YOU THROUGH GOINTERPAY ON THE WEBSITE OF A SUPPLIER (THE “SUPPLIER”) WILL BE MADE VIA THE GOINTERPAY SYSTEM PURSUANT TO THESE TERMS OF SERVICE. BY PLACING AN ORDER TO PURCHASE SUPPLIER’S PRODUCTS THROUGH GOINTERPAY, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE. PLEASE READ ALL THE TERMS BEFORE YOU INDICATE ACCEPTANCE. IF YOU DO NOT ACCEPT THEM, DO NOT COMPLETE YOUR PURCHASE. YOU ARE BOUND BY THESE TERMS EVEN IF YOU DO NOT READ ALL THE TERMS. THIS VERSION REPLACES ALL PRIOR VERSIONS.
1. Transaction Terms. GoInterpay makes the GoInterpay system available to the Supplier to permit the Supplier to sell and deliver products to consumers like you. The GoInterpay system permits delivery of products to international addresses (outside of the Supplier’s country) and enables you to purchase such products.
By placing an order through GoInterpay, you acknowledge and agree that: (a) your transaction will be through GoInterpay, not the Supplier, and (b) upon successful verification and authentication by GoInterpay of payment information provided by you, GoInterpay will purchase the products from the Supplier for the sole purpose of reselling it to you at a price equal to the amounts presented to and agreed-upon by you. GoInterpay will provide the Supplier with its own payment information to purchase the products you have ordered, and GoInterpay will resell such products to you and bill the payment information you have provided. You acknowledge that GoInterpay shall be entitled to verify and authenticate your payment information, and if GoInterpay is unable to verify the information automatically, GoInterpay representatives may contact you and/or your tender type issuer to confirm your identity and/or your intent to place the order.
GoInterpay makes no commitment of any kind to provide products to you until GoInterpay has accepted your order and actually received such products from the Supplier. If you are under 18, considered a minor in your local jurisdiction, or the equivalent thereof, you may use this system only with approval of your parent or guardian. GoInterpay reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
In some jurisdictions, GoInterpay provides certain payment processing services through its affiliates or service providers under contract.
2. Title to Goods. All items are acquired from GoInterpay pursuant to a shipment contract. After GoInterpay purchases and takes title to products from the Supplier to fulfill an order you have placed, title to said products shall transfer from GoInterpay to you.
3. Billing. If you provide a credit card as your tender type, your credit card will be billed by GoInterpay, and charges to your account will be accompanied by a reference to "GoInterpay" and"Merchant", where “Merchant” denotes the Supplier whose products you have purchased through GoInterpay. You will only be billed after your products have been received, processed and dispatched for delivery by GoInterpay. In the event of the receipt of any parcel from Supplier containing only part of an order, GoInterpay will process the products received, and will only bill for an amount commensurate with the price of the products therein, pro-rated amounts for shipping and/or handling, plus any duty, taxes, VAT (unless GoInterpay and Supplier offered, and you accepted, the option of having your order shipped DAP (‘delivered at place’)). Notwithstanding the foregoing, in the event of an order being fulfilled by the Supplier in multiple parcels, unless expressly consented to by you, in no instance will the aggregate amount billed to you by GoInterpay exceed the total amount presented at the time of order placement by you. You are responsible for any surcharges which may be imposed by the issuing bank of the credit card you use.
4. Chargebacks, Fraud Prevention and Void Transactions. For protection of you, the Supplier and GoInterpay, the system may deploy various fraud prevention protocols and policies, and industry-standard verification systems to reduce fraud and minimize chargeback risks. You must comply with such protocols and policies, including card authentication, “ship to” and “bill to” address verification. Once an order is placed (including in the case of split shipments), you may not change any authenticated payment information or any verified “ship to” / “bill to” address. If there is a technical error in the GoInterpay system which processes or accepts a transaction for which authorization has been declined, or at an exchange rate which is manifestly off-market, that transaction shall be void.
5. Brokers. By ordering goods from GoInterpay, you hereby authorize a licensed customs broker chosen by GoInterpay to act as your agent and transact business with foreign revenue authorities to clear your products, account for duties and taxes on your behalf. You hereby grant a proxy or power of attorney (“POA”) to any carrier or broker designated by GoInterpay for the customs clearance of the shipment. This POA authorizes the assigned customs broker or agent to act on your behalf. You agree to act as Importer of Record and acknowledge the requirement for the POA as a reasonable condition of the service provided by GoInterpay and its designated carrier, broker or agent.
6. Customs, Duties, Taxes and Collection Fees. You are responsible for payment of any import taxes, sales tax, value added tax, and customs duties that may be levied by any government authority, and any disbursement fees, advancement fees or similar fees that may be imposed by the shipper, broker, the customs authority of the destination country or other party, including any additional penalties or fees imposed by applicable tax or customs authorities (collectively, “Duties, Taxes and Fees”). The estimated Duties, Taxes and Fees (“Estimate”) may be more or less than the final actual amount of Duties, Taxes and Fees due and payable.
For shipments destined to EU-member countries specifically, services will be provided to you only after you have (a) paid for the Duties, Taxes and Fees at the moment of purchase of products and (b) explicitly agreed to become Importer of Record, which you hereby explicitly agree to. Customs clearance shall be made in your name and on your behalf as ultimate Importer of Record. As the Importer of Record, you agree to be ultimately responsible for importing the purchased goods into the destination EU-member state.
7. Delivery to Prepaid Destinations (Prepayment Guarantee). If the GoInterpay system permits prepayment, and you choose to prepay the Duties, Taxes and Fees, you agree and acknowledge that (a) the actual Duties, Taxes and Fees may be more or less than the Estimate and (b) you will NOT be asked to pay more money OR receive any refund in the case that the actual Duties, Taxes and Fees differ from the Estimate.
8. Delivery to Non-Prepaid Destinations. In any case where the GoInterpay system permits shipment to destinations where you have no option to prepay Duties, Taxes and Fees, you acknowledge that (i) you MAY NOT reject or refuse to accept the shipped products, (ii) you MAY NOT initiate a chargeback merely because of the amount of applicable Duties, Taxes and Fees, (c) GoInterpay shall have the right to charge and you agree to pay all applicable Duties, Taxes and Fees as a condition of delivery.
9. Supplier Responsibilities. Questions about products and support must be addressed to Supplier. This includes, without limitation, any concerns you may have about the fitness, quality, or safety of any products, or the pricing or quantity of any order.
10. Returns. You agree to contact the Supplier whose products you have purchased for any returns authorization. If authorized by the Supplier, pursuant to their international returns policy, either GoInterpay or the Supplier will provide you with information on credit available to you and instructions on where to ship your return parcel. Returns must be sent to the address indicated within the Return Products Authorization email you will receive once you have contacted the Supplier and they have authorized your return. In these cases, GoInterpay will reimburse you for the original sales prices of the returned products.
11. DISCLAIMER OF WARRANTIES. GOINTERPAY PROVIDES THIS SYSTEM ON AN "AS IS" AND "AS AVAILABLE" BASIS. GOINTERPAY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE PRODUCTS OR OPERATION OF THE GOINTERPAY SYSTEM OR THE INFORMATION OR CONTENT ON THE SYSTEM. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SYSTEM IS AT YOUR SOLE RISK. GOINTERPAY DOES NOT WARRANT THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY PRODUCT IMAGES, DESCRIPTIONS OR SPECIFICATIONS PROVIDED AT SUPPLIER’S SITE.
12. PERSONAL DATA. GOINTERPAY SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES OF ANY KIND ARISING FROM A SUPPLIER’S MISUSE OF YOUR PERSONAL DATA.
13. LIMITED WARRANTY BY GOINTERPAY. GOINTERPAY PROVIDES A LIMITED WARRANTY RELATED EXCLUSIVELY TO ITS STORAGE, HANDLING, AND DELIVERY OF PRODUCTS AS SET FORTH AND LIMITED IN THESE TERMS OF SERVICE. YOU ACKNOWLEDGE THAT GOINTERPAY SHALL NOT BE RESPONSIBLE FOR ANY LOSS, DAMAGE TO, OR DELAY IN DELIVERY OF PRODUCTS YOU PURCHASE, UNLESS CAUSED BY GOINTERPAY DURING THE STORAGE, HANDLING, OR DELIVERY OF THE PRODUCTS FOLLOWING RECEIPT BY GOINTERPAY.
14. LIMITATION OF LIABILITY. GOINTERPAY SHALL HAVE NO LIABILITY FOR ANY DELAYS OR FAILURE TO SHIP IN THE EVENT THAT ANY PRODUCT YOU INSTRUCT GOINTERPAY TO PURCHASE FROM SUPPLIER IS CONTROLLED UNDER U.S. EXPORT CONTROLS AND/OR SANCTIONS LAWS SUCH THAT THE PRODUCT CANNOT BE SHIPPED TO YOU. IN ADDITION, GOINTERPAY SHALL HAVE NO LIABILITY FOR DAMAGE OR DELAY UNLESS CAUSED BY ITS GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT. SUBJECT TO THE FOREGOING, GOINTERPAY'S LIABILITY SHALL NOT UNDER ANY CIRCUMSTANCES EXCEED THE ACTUAL PRICE PAID BY YOU FOR THE PRODUCT OR USD$500.00, WHICHEVER IS LESS. GOINTERPAY SHALL HAVE NO LIABILITY WHATSOEVER: (I) IF THE PRODUCTS WERE NOT RECEIVED BY GOINTERPAY, AND (II) WHERE NEITHER SUPPLIER NOR YOU ARE ABLE TO PROVIDE SATISFACTORY PROOF OF SUCH RECEIPT OF THE PRODUCTS BY GOINTERPAY. GOINTERPAY SHALL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL AND PUNITIVE DAMAGES, EVEN IF YOU HAVE ADVISED GOINTERPAY OF THE POSSIBILITY OF SUCH DAMAGES.
15. Limitation Period. In any event, you may not make any claim against GoInterpay or our affiliates under these Terms of Service after one (1) year from the occurrence of the matter giving rise to the claim.
16. Intellectual Property:
a. Copyright. All content included on this checkout, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of GoInterpay, the Supplier or its licensors and protected by United States and international copyright laws. The software and compilation of all content on this site is the exclusive property of GoInterpay, the Supplier or its licensors and is protected by U.S. and international copyright laws.
b. Trade-marks. GoInterpay, the GoInterpay design, graphics, logos, page headers, button icons, scripts, and service names are trade-marks / registered trade-marks or trade dress of GoInterpay in the U.S. and/or other countries. GoInterpay's trademarks and trade dress may not be used in connection with any product or service that is not GoInterpay's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits GoInterpay. All other trademarks not owned by GoInterpay that appear in this checkout are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by GoInterpay.
17. Jurisdiction and Applicable Law. The laws of the Province of Alberta, Canada, excluding its conflicts-of-law rules, shall govern this agreement. You understand and agree that you are waiving any legal protections otherwise provided by laws applicable to consumers in your country or state, and you acknowledge that GoInterpay and the Supplier would not facilitate your purchase of products from GoInterpay if that were not the case. These Terms of Service and the transactions contemplated herein are not and never will be subject to the United Nations Convention on the Uniform Sale of Goods or the Uniform Computer Information Transactions Act (prepared by the National Conference of Commissioner on Uniform State Laws) as currently enacted by any jurisdiction or as may be codified or amended from time to time by any jurisdiction. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, YOU HEREBY AGREE AND CONSENT TO THE EXCLUSIVE JURISDICTION AND VENUE OF THE STATE AND FEDERAL COURTS SITUATED IN THE PROVINCE OF ALBERTA, CANADA, IN ANY ACTION, CLAIM OR DISPUTE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE, AND YOU HEREBY SUBMIT TO THE PERSONAL JURISDICTION OF SUCH COURTS.
18. General Terms:
a. Analytics. By placing an order with GoInterpay, you acknowledge that GoInterpay reserves the right to analyze transactional data, anonymously and in aggregate, for the purpose of identifying trends, statistics and measurements that could contribute to the enhancement of GoInterpay services. By way of example and not limitation, such aggregate use could include identifying market sensitivities, and relative market interest in specific product categories. For greater clarity, any transactional data analyzed will expressly exclude any personally identifiable information and will be aggregated.
b. Severability. These Terms of Service state the entire agreement between you and GoInterpay. If any term or condition herein shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining terms shall not in any way be affected or impaired thereby. You and GoInterpay agree that it is our mutual intent that these Terms of Service, including without limitation any limitation of liability herein, be enforced as written, but otherwise to the maximum extent allowable by law.
c. Non-Commercial Use Intent. The Supplier’s products available through the GoInterpay system are intended for non-commercial use, and purchase of any products for resale purposes is prohibited.
d. Compliance with Applicable Laws. By agreeing to these Terms of Service, you certify that any items purchased from GoInterpay will not be exported, sold, or transferred in violation of any applicable laws, including the U.S. Export Administration Regulations or applicable U.S. sanctions and embargoes administered by the U.S. Department of the Treasury. It is your responsibility to know the laws in the country into which you are importing. By purchasing such items you are acknowledging that said import does not violate any laws or regulations in the country into which the purchase will be imported.
e. Electronic Communications. When you visit this checkout or send e-mails to GoInterpay, you are communicating with us electronically. You consent to enter into this agreement by electronic means, and to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
f. Modifications. We reserve the right to make changes to our checkout, policies, and these Terms of Service at any time. If any of these terms shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
g. Assignment. GoInterpay shall have the right to assign these Terms of Service (including all of our rights, titles, benefits, interests, and obligations and duties in this agreement) to any of our affiliates and to any successor in interest. We may delegate certain of GoInterpay’s rights and responsibilities under this agreement to independent contractors or other third parties. You may not assign, in whole or part, this agreement to any person or entity without our prior written consent.
h. English Language. Les parties concernées confirment qu’elles ont exigé que les termes et conditions du consommateur ainsi que les documents apparentés soient rédigés en Anglais. The parties hereto confirm that they have requested that these Terms of Service and all related documents be drafted in English.
i. Events Beyond Our Control. GoInterpay shall not be liable for any failure to perform according to these Terms of Service, if such failure is caused by circumstances beyond our reasonable control including, but not limited to, acts of God, acts of war, terrorism, labour dispute, natural disaster, failures in the internet, government action or accident.