Zogo Terms of Service | Canada

Zogo Terms and Conditions of Use

These Terms and Conditions of Use (the “Agreement”) are a legal agreement between Zogo, Inc. (“Company”) a Delaware corporation and you (hereinafter referred to as “you” or “your”) and govern your use of the services provided by Zogo (the "Services"). IN ORDER TO USE THE SERVICES, YOU MUST ACCEPT ALL OF THE TERMS OF THIS AGREEMENT. You agree that by creating an account for or otherwise using the Services, you have read, understood, and agree to be bound by all of the terms of this Agreement. Company may revise and update this Agreement from time to time by providing notice that is reasonable in the circumstances, including advance notice of material changes where required by applicable law. Your continued use of the Services after the effective date of any changes will mean you accept those changes and agree to the Agreement as revised, except where applicable law requires additional notice or consent. You may stop using the Services if you do not agree to the revised Agreement. You may not amend or change this Agreement unless Company agrees to such amendment or change in writing.

This Agreement applies solely to your use of the Services provided by Zogo that are made available to you through Bank of Montreal ("BMO"). As used in this Agreement, "the Services" means the Services as provided, owned, operated and administered exclusively by Zogo and made available to you through BMO. This Agreement does not amend, replace, or otherwise govern Zogo's Terms of Service applicable to Zogo's services generally, outside of the Services made available through BMO.

For Canadian users, references to “applicable law” include but are not limited to applicable federal, provincial and territorial privacy, consumer protection, language, accessibility, electronic commerce, marketing and financial services laws that apply to the Services. Nothing in this Agreement limits, excludes or waives any rights or remedies that cannot be limited, excluded or waived under those laws.

Your Use of the Services

You may use the Services, subject to the terms and conditions of this Agreement and applicable law. You are responsible for your use of the Services. You specifically agree that you may not use the Services for anything other than a lawful and legitimate purpose. In addition to the foregoing, you may not use the Services in any way that (i) does not comply with the terms of this Agreement, as amended by Company from time to time, or any other terms, rules, or guidelines provided by Company concerning your use of the Services, or (ii) for any commercial purposes, or to download, save, copy, transmit or distribute the content of the Service, including without limitation on any other application or networked computer environment, except as specifically allowed in this Agreement, (iii) is unlawful, misleading, abusive, harmful, or otherwise reasonably likely to adversely affect Company’s public image, reputation or goodwill. Company reserves the right to provide maintenance and upgrades to its systems, which may make the Services temporarily unavailable. Company will attempt to schedule downtime between the hours of 2:00 a.m. and 4:00 a.m., Eastern Time, or, if otherwise necessary, during hours of low usage such as weekends, holidays and off-peak business hours, but under certain conditions Company may have to work on its systems at other times. Company will use commercially reasonable efforts to provide notice of planned material service interruptions where practicable.

Suspension or Termination of the Services and the Agreement

Notwithstanding anything contained herein to the contrary, without limiting Company's other remedies in law or equity, Company may issue a warning, temporarily suspend, indefinitely suspend or terminate your ability to access the Services and/or terminate this Agreement (specifically between Company and you only), with notice where practicable, if (a) you breach this Agreement; (b) Company is unable to verify or authenticate any information you provide to it where verification is reasonably required for the Services; (c) Company reasonably believes that your actions may cause, result in, or carry a risk of legal liability, security risk, fraud, misuse or harm for you, Company or any third party; or (d) suspension or termination is otherwise required or permitted by applicable law. Where the reason for suspension or termination can reasonably be cured, Company will use reasonable efforts to provide an opportunity to cure, unless doing so would create legal, security, fraud or operational risk. Upon termination of this Agreement between Company and you only, any provision of this Agreement that by its terms imposes continuing obligations on you shall survive the termination of this Agreement.

User Content; Password Protection

You represent that any information provided by you in connection with your use of the Services is accurate, complete and current, and you agree to update that information promptly if there is any change. If you are provided with a user ID and/or password to use the Services, you are responsible for keeping your user ID and password secret and confidential and for promptly notifying Company of suspected unauthorized access. You agree that you are responsible for communications, transactions or use of the Services made using your user ID and password, together with any fees, charges, liability or other obligation that may result from such use, except to the extent caused by Company’s failure to comply with its obligations under applicable law or this Agreement. You are responsible for changing your password if you believe that your password has been stolen or might otherwise be misused. You may not assign your password or any of your rights under this Agreement without the prior written consent of Company, and any attempted assignment without such consent shall be void and shall be deemed a breach of this Agreement.

User Materials

In order to use the Services, you may create or provide information, messages, data and other materials in electronic format that will be stored, uploaded, posted, e-mailed or otherwise transmitted using the Services (collectively “User Materials”). You represent that you have obtained all necessary third party rights, including, without limitation, copyrights, for any User Materials that belong to third parties. It is your responsibility to determine if it is necessary for you to obtain, and, if necessary, for obtaining, any licenses required to use third party information or content that is part of the User Materials. You agree not to use the Services for, and the User Material will not contain, any infringing, illegal, sexually explicit, hateful, vulgar, threatening, abusive, harassing, defamatory, or racially, ethnically, or otherwise objectionable material, including, without limitation, any materials that could give rise to any liability to Company or which might adversely affect Company’s public image, reputation or goodwill. YOU ARE RESPONSIBLE FOR MAKING BACK-UP AND ARCHIVAL COPIES OF ALL USER MATERIALS. COMPANY WILL NOT BE RESPONSIBLE TO YOU OR ANY OTHER PERSON OR PARTY FOR ANY LOSS, CORRUPTION OR ALTERATION OF USER MATERIALS EXCEPT TO THE EXTENT SUCH LOSS, CORRUPTION OR ALTERATION RESULTS FROM COMPANY’S FAILURE TO COMPLY WITH THIS AGREEMENT, ITS PRIVACY POLICY OR APPLICABLE LAW.

Use of Data

All data, contacts, email lists, email addresses, and User Materials provided by you (collectively “Your Data”) will be collected, protected, used, retained, transferred and disclosed in accordance with Company’s privacy policy (the “Zogo Privacy Policy”), which may be updated from time to time and is always available for review at https://zogo.com/privacy-policy. The Zogo Privacy Policy identifies, in clear and understandable language, the personal information collected, the purposes for collection, use and disclosure, the categories of third parties to whom personal information is disclosed, any cross-border transfers, applicable retention practices, available privacy choices and rights, and the contact information for privacy inquiries. By accepting the terms of this Agreement, you acknowledge receipt of the Zogo Privacy Policy. Your agreement to this Agreement does not replace any consent, notice or choice that may be required under applicable privacy laws for the collection, use or disclosure of personal information.

Subject to applicable law, you may request access to, correction of, or information about the personal information Company holds about you, may withdraw consent where consent is relied on, and may ask questions or make complaints about Company’s privacy practices using the contact information in the Zogo Privacy Policy. Company will respond to privacy requests in accordance with applicable privacy laws.

Disclaimer of Warranty

THE SERVICES ARE PROVIDED “AS IS”, “AS AVAILABLE”, AND WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS OR WARRANTIES CANNOT BE EXCLUDED UNDER APPLICABLE LAW. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COMPANY DOES NOT WARRANT THAT THE SERVICES WILL BE PROVIDED IN AN UNINTERRUPTED OR ERROR-FREE MANNER, NOR DOES COMPANY MAKE ANY WARRANTY AS TO THE RESULTS OBTAINED FROM THE SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY CONTENT CONTAINED IN OR PROVIDED THROUGH THE SERVICES. NOTHING IN THIS AGREEMENT LIMITS COMPANY’S OBLIGATIONS UNDER APPLICABLE PRIVACY, SECURITY, CONSUMER PROTECTION OR OTHER LAWS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY COMPANY, ITS AGENTS OR EMPLOYEES WILL CREATE A WARRANTY. ANY USE OF THE SERVICES IS AT YOUR OWN RISK, SUBJECT TO YOUR NON-WAIVABLE RIGHTS UNDER APPLICABLE LAW.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICES (INCLUDING, WITHOUT LIMITATION, ANY DAMAGES FOR LOST PROFITS OR BUSINESS INTERRUPTION), WHETHER ARISING FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, DATA OR E-MAILS, ERRORS, DEFECTS, VIRUSES OR OTHER MALICIOUS CODE, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY’S TOTAL LIABILITY TO YOU FOR CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS PAID BY YOU, IF ANY, FOR THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, (B) FIVE US DOLLARS (USD $5.00) IF YOU LIVE IN THE US OR ONE HUNDRED CANADIAN DOLLARS (CAD $100) IF YOU LIVE IN CANADA. THE FOREGOING LIMITATIONS DO NOT APPLY TO LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW, INCLUDING LIABILITY ARISING FROM COMPANY’S GROSS NEGLIGENCE, WILLFUL MISCONDUCT, FRAUD, OR BREACH OF NON-WAIVABLE PRIVACY, SECURITY OR CONSUMER PROTECTION OBLIGATIONS.

Indemnification

To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Company, its officers, directors, employees, contractors, customers, suppliers and licensors, from and against any and all reasonable costs, fees, loss, claim or liability (including reasonable legal fees and expenses) which they may incur in connection with (a) your material breach of this Agreement or your breach of any other rules or guidelines provided to you by Company, or (b) your unlawful use or misuse of the Services. Company will provide prompt notice of any claim for indemnification and will reasonably cooperate in the defence of the claim. You will not be required to indemnify Company to the extent the claim results from Company’s breach of this Agreement, negligence, willful misconduct, or failure to comply with applicable law.

Legal Compliance; Authority; Binding Nature

You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Services. You agree, represent and warrant that (i) you understand the terms and conditions of this Agreement and that it constitutes a valid, binding obligation, and (ii) you have full power, authority and legal capacity to enter into this Agreement. If you are under the age of majority in your jurisdiction of residence, you may use the Services only with the written consent and supervision of a parent or legal guardian, and Company may require consent from a parent, guardian or other authorized person where required by applicable law. In the event that you authorize a minor to, or provide a minor with access to, use the Service, you hereby agree to this Agreement on behalf of yourself and such minor, and you understand and agree that you will be responsible for all uses of the Service by the minor to whom you provide access to use the Service whether or not such uses were authorized.

Where required by applicable law, Company will make this Agreement, the Zogo Privacy Policy and related consumer-facing notices available in French and will ensure that any election to contract in another language is obtained in the manner required by applicable law.

Usage Rules

As a condition of your use of and access to the Service, you shall not: (a) copy or adapt the Service’s software; (b) reverse engineer, decompile, reverse assemble, modify or attempt to discover any software (source code or object code) that the Service creates or any software or other products or processes accessible through the Service; (c) distribute any virus, time bomb, trap door, or other harmful or disruptive computer code, mechanism or program; (d) interfere with or circumvent any security feature of the Service or any feature that restricts or enforces limitations on use of or access to the Service; (e) sell the Service or any part thereof including but not limited to user accounts and access to them in exchange for anything of value; (f) violate any applicable law; or (g) allow another person or entity to use your identity in order to access the Service.

Choice of Law; Miscellaneous

This Agreement shall be governed by and construed in accordance with the laws of the State of Illinois, without regard to the choice of law provisions thereof, except that this choice of law shall not deprive Canadian users of the protection of mandatory federal laws or mandatory laws of their province or territory of residence. To expedite resolution and control the cost of any dispute, controversy, or claim related to this Agreement (“Dispute”), you and Company agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one person to the other. You will send your notice to support@zogofinance.com. If you and Company are unable to resolve a Dispute through informal negotiations within 30 days, either you or Company may elect to have the Dispute finally and exclusively resolved by binding arbitration in accordance with 710 ILCS 5/1 et seq. (the “Illinois Uniform Arbitration Act”) and the then-current Rules of Commercial Arbitration of the American Arbitration Association, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof, except where applicable consumer protection law or other mandatory law gives you a non-waivable right to bring a claim before a court, tribunal or regulator or to participate in a class proceeding. The arbitration shall be held in Chicago, Illinois and shall be conducted in the English language, unless applicable law requires another forum, language or procedure, and shall be conducted before a single arbitrator mutually agreeable to the parties, or if no agreement can be reached, then selected by the American Arbitration Association. The arbitrator may award reimbursement of reasonable legal fees and other costs of arbitration to the prevailing party only to the extent permitted by applicable law and only in such manner as the arbitrator shall deem appropriate. Any decision by an arbitrator may be affirmed and reduced to judgment in any court of competent jurisdiction. In addition, the losing party shall reimburse the prevailing party for the reasonable costs and expenses incurred by it, including legal, arbitrators’ and courts’ fees and expenses, in connection with any action or proceeding hereunder, except to the extent prohibited by applicable law.

Nothing in this dispute resolution section limits your ability to communicate with, complain to, or seek remedies from an applicable privacy, consumer protection or other regulator, or to exercise statutory rights that cannot be waived by contract.

Objectionable Content/Copyright Takedown

If you believe your rights have been violated by, or you otherwise object to, any posting, content or information on the Service, please contact us promptly at support@zogofinance.com so we can evaluate the claim and take appropriate action.

Miscellaneous

This Agreement and the rights granted hereunder may not be assigned or transferred by you, in whole or in part without Company's prior written consent. Any successor in interest or assignee must agree to the terms and conditions of this Agreement. Without limiting the foregoing, you may not provide any other person access to the Services. If any provision of this Agreement is held invalid, such invalidity shall not affect any other provisions of this Agreement. Headings are inserted for reference only and shall not be construed as a part of this Agreement. No failure or delay on the part of Company to exercise any right under this Agreement will operate as a waiver thereof, nor will any single or partial exercise of any right preclude any other or further exercise thereof or of any other right. This Agreement represents the entire understanding and agreement between you and Company concerning your use of the Services, and supersedes any prior representations, understandings or agreements.

DISCLAIMER: Zogo is not a licensed financial advisor. Zogo content is provided for educational and informational purposes only and is not a substitute for financial, investment, tax, legal or other professional advice from a qualified professional who is familiar with your situation. You should not rely on Zogo content as financial advice. Zogo shall not be held liable or responsible for any errors or omissions in Zogo's content, or for any damage suffered as a result of failing to seek competent financial advice from a professional who is familiar with your situation, except to the extent liability cannot be excluded under applicable law.