Last Updated: November 1, 2023

Effective Date: October 1, 2023

Terms of Use:

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (you) and BlueOrange Payments, Inc. dba Via Optimus, its subsidiaries and affiliates (collectively, BlueOrange, we, us or our), concerning your access to and use of the https://viaoptimus.io as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the Site). You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST IMMEDIATELY DISCONTINUE USE.

Supplemental terms and conditions or documents may be posted on the Site from time to time in relation to any number of BlueOrange offered products and services and/or services offered across partnered and unaffiliated sites (collectively, Services), and such supplemental terms and conditions or documents are hereby expressly incorporated herein. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you to any changes by posting revised Terms of Use on the Site and updating the “Last updated” date to indicate the date of such changes, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from locations outside of Canada do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

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INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Site is our proprietary property and all source code, functionality, databases, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the Content) and the trademarks, service marks, and logos contained on the Site (the Marks) are owned or controlled by BlueOrange or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of Canada, international copyright laws, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, republished, aggregated, uploaded, publicly displayed, posted, encoded, translated, distributed, transmitted, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our prior express written permission.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.

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USER REPRESENTATIONS

By using the Site, you represent and warrant that:  (1) you have the legal capacity and you agree to comply with these Terms of Use; (2) you are not a minor in the jurisdiction in which you reside; (3) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise; (4) you will not use the Site for any illegal or unauthorized purpose; and (5) your use of the Site will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

PROHIBITED ACTIVITIES

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

FEEDBACK

You acknowledge and agree that any questions, suggestions, comments, ideas, feedback, or other information regarding the Site (Feedback) provided by you to us are non-confidential and will become our sole property. We will own exclusive rights, including all intellectual property rights, and will be entitled to the unrestricted use and dissemination of Feedback for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Feedback, and you hereby warrant that any such Feedback is original with you or that you have the right to submit such Feedback. You agree there will be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Feedback.

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SITE MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; and (3) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

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TERM AND TERMINATION

These Terms of Use will remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE ANY CONTENT OR INFORMATION, WITHOUT WARNING, IN OUR SOLE DISCRETION.

Your right to access any software through our Site is solely predicated on prompt payment of all fees and charges. In the event that you do not pay the fees and charges, access to the software and any accumulated data thereon is denied.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third-party, even if you may be acting on behalf of the third-party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

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MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third-party for any modification, price change, suspension, or discontinuance of the Site.  

We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.

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GOVERNING LAW

These Terms will be governed by and defined under the provincial laws of Ontario and the federal laws of Canada applicable therein. BlueOrange and yourself irrevocably consent that the courts of Ontario, Canada will have exclusive jurisdiction to resolve any dispute which may arise in connection with these terms of use, and you agree that any dispute between you and BlueOrange will be limited to you individually and BlueOrange. To the full extent permitted by law, (1) no dispute will be joined with any other proceeding; (2) there is no right or authority for any dispute to be argued on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

CORRECTIONS

There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, availability, pricing, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

DISCLAIMER

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD-PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD-PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

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LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US OR USD$100.00. CERTAIN PROVINCIAL, FEDERAL AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

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INDEMNIFICATION

You agree to defend, indemnify, and hold BlueOrange harmless, including all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third-party due to or arising out of: (1) use of the Site; (2) breach of these Terms of Use; (3) any breach of your representations and warranties set forth in these Terms of Use; (4) your violation of the rights of a third-party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

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USER DATA

We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we will have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

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ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means. 

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CALIFORNIA USERS AND RESIDENTS

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

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MISCELLANEOUS

These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use will not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We will not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and BlueOrange as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

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CONTACT US 

In order to resolve a complaint regarding the Site, provide Feedback regarding the Site, or to receive further information regarding use of the Site, please contact us at: 

Address: BlueOrange Payments, Inc. dba Via Optimus c/o 5899 Leslie St., PO BOX 23506, Toronto, ON M2H 3R9

Email: [email protected]

You and BlueOrange agree that BlueOrange may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Statement and your choices (including settings).

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Privacy Statement

BlueOrange does not share any customer information and/or collected data through product use with any third-parties without your consent. All information is for the sole purpose of BlueOrange, the use of its Site and offered Services.

Last Updated: November 1, 2023
Effective Date: October 1, 2023

BLUEORANGE PRIVACY STATEMENT

BlueOrange Payments, Inc. dba Via Optimus, its subsidiaries, and its affiliates (collectively, BlueOrange) is committed to maintaining robust privacy protections.  The terms “we,” “us,” and “our” refer to BlueOrange. “You”, “your” refer to you, whether personally or on behalf of an entity as a user or visitor of our website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the Site). Our Privacy Statement (Privacy Statement) is designed to help you understand how we collect, use and safeguard the information you provide to us and to assist you in making informed decisions when using our Site and Services (defined below.)

By using our Site, you acknowledge our Privacy Statement, including our collection, storage, use, and disclosure of your personal information as described in this Privacy Statement. In addition, by using our Site, products, services, and/or services offered across partnered and unaffiliated sites (collectively, Services), you are accepting the policies and practices described in this Privacy Statement (including the California Privacy Statement if applicable.) Each time you visit our Site or use our Services, and any time you voluntarily provide us with information, you agree that you are consenting to our collection, use, and disclosure of the information that you provide.

Information for California residents can be found in our California Privacy Statement.

COLLECTION OF PERSONAL INFORMATION

On accessing or visiting our Site, we collect your domain name and other user information including without limitation, general information on what pages you access or visit. The information that we collect from your devices (1) is used to improve the content of our Site; (2) may be used to notify you about updates to our Site; (3) is shared with agents or contractors who assist in providing support for our internal operations; and (4) as permitted by law, is used by us to contact you for marketing and advertising purposes. This information is collected through web server logs, cookies, and other technologies (described below) that allow us to track the general statistics and data from our visitors as they utilize our Site.

COOKIES AND OTHER TECHNOLOGIES:

Our Site uses cookies, web beacons, java scripts, and similar automated technologies to collect certain information about your activity relating to your visit to our Site.  These technologies collect your Internet Protocol (IP) address, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and/or clickstream data.  We use this data to analyze trends, administer our Site, track users’ movements through our Site, and gather demographic information about our user base as a whole.  We may receive reports based on these technologies on an individual or aggregated basis.

A “cookie” is a small text file that websites send to your computer or other Internet-connected devices to identify your browser or to store information or settings in the browser. A “web beacon”, also known as an Internet tag, pixel tag, or clear GIF, links web pages to web servers and their cookies and may be used to transmit information collected through cookies back to a web server. Our Site uses first-party cookies (served directly by our Site domain when you visit our Site).  We may collect information about your online activities over time and across different sites and services when you visit our Site.

DO NOT TRACK SIGNALS

Some web browsers allow you to turn on Do Not Track (DNT), which sends signals to websites you visit, telling those sites that you do not want your online activities to be tracked. Our Site currently is not designed to respond to DNT signals received from web browsers.

HOW WE SHARE PERSONAL INFORMATION

We do not collect personal information from you unless you provide it to us in conjunction with the Services we offer. The information collected is used for account setup and the Services that you request.

We do not license, sell, rent, or trade any collected business information about your account or other personal information unless explicitly authorized by you. The personal information you provide is to help complete a transaction or for us to provide a Service initiated by you, or the disclosure is otherwise lawfully permitted or requested. We will share your personal information with third-parties only in the ways that are described in this Privacy Statement.

Affiliates and Business Partners: We may share your personal information with our affiliates, subsidiaries, business partners, and related entities if we need to in order to maintain our business and provide Services to you.  

Service Providers: We may provide your personal information to companies that provide services to help us with our business activities, such as customer service. These companies are authorized to use your personal information only as necessary to provide these services to us.  These service providers may include internet service providers and operating systems and platforms.  Google Analytics is one service provider included here, and you may access Google’s Privacy Policy by visiting: https://policies.google.com/technologies/partner-sites

Other Third-Parties: We will disclose your personal information to other third-parties upon your request.

Compliance with Legal Obligations: In certain situations, we may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements. We may also disclose your personal information as required by law, such as to comply with a subpoena, or similar legal process when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request.

Changes in Business Structure or Ownership: We reserve the right to transfer your personal information in the event BlueOrange is involved in a merger, acquisition, or sale of all or a portion of its business or assets.

SECURITY

The security of your personal information is important to us. We use several security measures designed to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, we cannot guarantee its absolute security. If you have any questions about security on our Site, you can contact us at [email protected].

We will retain your information (1) for the length of time your account is active; (2) for the length of time required to provide you Services that you have requested and paid for; and (3) as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

ACCESSING AND UPDATING YOUR PERSONAL INFORMATION

Upon request, we will provide you with information about whether we hold any of your personal information. You may access, correct, or request deletion of your personal information by contacting us at [email protected]. We will respond to your request in a commercially reasonable timeframe.

CHANGES TO OUR PRIVACY STATEMENT

We reserve the right to change this Privacy Statement and our Terms of Use at any time.  We will alert you to any changes by posting a revised Privacy Statement on the Site and updating the “Last Updated” date to indicate the date of such changes, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review the Privacy Statement to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Privacy Statement by your continued use of the Site after the date such revised Privacy Statement is  posted. 

CALIFORNIA PRIVACY STATEMENT

Last Updated:  November 1, 2023

Effective Date: October 1, 2023

This CALIFORNIA PRIVACY STATEMENT supplements the information contained in the Privacy Statement of BlueOrange Payments, Inc., its subsidiaries and its affiliates (collectively, BlueOrange, we, us, or our) and applies solely to visitors, users, and others who reside in the State of California (consumers or you). We adopt this notice to comply with the California Consumer Privacy Act of 2018 (CCPA) and other California privacy laws.  Any terms defined in the CCPA have the same meaning when used in this notice.

Information We Collect

We are required to tell you about the personal information we collect about you and how this information ties back to “legal categories” of personal information that are listed in the legislation.  Please see the chart below that clarifies the type of information collected (as detailed in the Privacy Statement above) and its “legal category”:

1. The legal category of personal information,
2. Examples of the types of personal information included in each legal category,
3. The purpose for why we collect and use your personal information for each legal category; and
4. The business purposes for which we share your personal information and with whom.

For a more detailed description of the purposes of use and sharing with third-parties included in the California Privacy Chart, please see the “Sharing Personal Information” section below.

California Privacy Chart