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SecureSwipe Terms Agreement

This legal document is an agreement between you, the end user ("Customer" or "You") and between Citadel Commerce Corp. ("Citadel"), having its primary place of business at Suite 1500 - 4710 Kingsway, Burnaby, B.C., Canada V5H 4M2 for use of the SecureSwipe pin pad Device ("Device").

IMPORTANT: PLEASE READ THIS AGREEMENT BEFORE YOU CHECK THE "Accept Terms and Conditions" BOX. BY CHECKING THE "Accept Terms and Conditions" BOX, YOU ARE CONSENTING TO THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DO NOT CHECK "Accept Terms and Conditions" BOX AND PROMPTLY RETURN THE DEVICE AND ALL OTHER ENCLOSED ITEMS TO CITADEL.

The parties agree as follows:

1. Agreement. In consideration of payment of the annual rental deposit fee, the Device is rented to You by Citadel for an indefinite period unless you decide to return the Device to Citadel. Citadel will specify the shipping arrangements and pay the fee for shipment of the Device to You. Title to the Device shall remain in Citadel and Citadel shall have a security interest in the Devices.

If, after having been given ten (10) days written notice, You default in payment of any amount when due, then Citadel may, in addition to any other rights or remedies at law or under this Agreement, withhold further Services until such payment is received in full. You shall be liable for payment of any expenses incurred by Citadel in an effort to collect amounts payable to Citadel by You.

Citadel may recall the Device and require You to immediately return the Device to Citadel's offices at 1500 - 4710 Kingsway, Burnaby, B.C. V5H 4M2 Canada for any reason, including for either repair or replacement. You agree to pay the costs of return shipment of the device to Citadel. There is no charge for replacement if required to fix defects in the Device attributable to Citadel. Citadel reserves the right to charge an additional fee for replacement if Citadel is replacing the Device with a substantially improved model. Citadel will specify the shipping arrangements and pay the fee for return shipment of the Device to You. Click here to see Citadel's return policy for the Device.

2. Use of the Device. You agree to use the Device only for making purchases through myCitadel. You may not use this Device in contravention of this Agreement, any law or regulation or for any illegal purpose. If You breach this term, then Citadel can immediately terminate Your use of this Device and You then agree to immediately return the Device to Citadel's offices at 1500 - 4710 Kingsway, Burnaby, B.C. V5H 4M2 Canada. Any problems with using the Device are to be reported to Citadel at 1-877-747-8433.

In particular, You agree as follows:

  • You will store the Device securely to guard against tampering or theft;
  • You will not alter or tamper with the Device;
  • You will inspect the Device before every use and if You detect any evidence of alteration or tampering, You will immediately return the Device to Citadel without using it;
  • You will not loan the Device to anyone and agree that the Device is linked to a single myCitadel wallet and can only be used by You; and
  • You will protect Your PIN and only use the Device in situations that allow You to protect the privacy and secrecy of Your PIN.

3. Limitation of Liability. THE DEVICE IS SUPPLIED WITHOUT ANY WARRANTIES, REPRESENTATIONS OR CONDITIONS OF ANY KIND INCLUDING THOSE REGARDING NONINFRINGEMENT OF THIRD PARTY RIGHTS, DURABILITY, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IF FOR ANY REASON EITHER PARTY BECOMES LIABLE TO THE OTHER FOR DAMAGES IN CONNECTION WITH THE DEVICE THEN SUCH DAMAGES SHALL BE LIMITED TO THE FEES PAID UNDER THIS AGREEMENT. IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS OR LOST SAVINGS.

4. Governing Law. This Agreement is governed by the laws of the Province of British Columbia, Canada. All disputes arising out of or in connection with this Agreement, shall be referred to and finally resolved by arbitration or mediation under the rules of the British Columbia International Arbitration Centre. The place of arbitration of mediation shall be Vancouver, British Columbia, Canada.

5. Assignment. This Agreement may be assigned by Citadel to its subsidiaries or affiliates. You may not assign or transfer this Agreement or the Device.

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