Terms and conditions

Terms and conditions

Effective Date: 11^th November 2024

The ILIXIUM Secure Token (“SecureToken”) services include Merchant of Record payment services provided by the corporation ILIXIUM Canada Limited (”ILIXIUM”).  ILIXIUM is a Money Services Business duly registered with the Financial Transactions and Reports Analysis Centre of Canada (“FINTRAC”).

In this Agreement “you” or “your” means any individual using the SecureToken services. Unless stated otherwise, all references to “ILIXIUM”, “we”, “us” or “our” will refer collectively to ILIXIUM, its officers, directors, employees, agents and affiliates. This User Agreement (the “Agreement”) is a contract between you and ILIXIUM, which governs the use of SecureToken services, which include the payment service (“Payment Service”), collectively referred to as the “SecureToken Services”. This Agreement applies to your use of all SecureToken Services whether you make or receive payments, and whether this is accessed using an Application operated by a third party (“Merchant”) or one owned of controlled by us or any entity controlled by, in control of, or under common control with us. By using the SecureToken Services you agree to these terms and conditions in full.

The headings and subheadings are for reference only and do not limit the scope of any section; underlined words in this agreement as viewed on our website represent hyperlinks to other relevant documents and information.

1. Introduction to ILIXIUM Canada and this Agreement

SecureToken™ is a registered (Community) trademark of ILIXIUM Canada Limited.

ILIXIUM Canada Limited (“ILIXIUM”) is a Money Services Business duly registered in Canada with the Financial Transactions and Reports Analysis Centre of Canada (‘FINTRAC”) under registration number M21901027, with its main office located at 2600-1066 West Hastings Street, Vancouver (BC) Canada V6E 3X1.

ILIXIUM’s main business is the provision of payment services.

SecureToken Services enable you to make and receive payments from third parties (Merchants).  ILIXIUM does not have control nor does it assume liability for the products or services that are paid for with our service and you agree that ILIXIUM will not be held liable for any act of default between yourself and such third party company.

SecureToken Services provide Payment Services. These SecureToken Services are provided by ILIXIUM. They allow you to send and receive money from third party companies (Merchants). When using Securetoken Services note that ILIXIUM is not responsible for any products and services provided by these third party companies.

Legal Contract:

This Agreement forms a legal contract between you and ILIXIUM governing the use of SecureToken Services, by registering or using the SecureToken Services you must read, agree and accept all of the terms and conditions contained in this Agreement. This Agreement will be governed by and interpreted in accordance with the applicable Federal and Provincial laws of Canada. You agree that your use of the SecureToken Services constitutes your acceptance of this Agreement.

If any part of this Agreement is found by a court of a competent jurisdiction to be invalid, unlawful or unenforceable then such part shall be severed and the remainder of the Agreement shall continue to be valid and enforceable to the fullest extent permissible by law.

No person other than you has any rights under this Agreement. Your account with us is personal to you and you may not assign any rights to any third party.

Additional Terms of Use may also be notified to you if you take additional services in due course from SecureToken (ILIXIUM)

When you use SecureToken Services you are accepting these Terms and Conditions.

Securetoken Services:

The Securetoken Service is a Payment Service provided by ILIXIUM which is only a Payment Service Provider. The SecureToken Services enable you to make or receive payments, whether this is accessed using an application operated by a Merchant or ILIXIUM.

 Account Types:

SecureToken Services provide you with your own ILIXIUM Account (“SecureToken Account”). To make use of your SecureToken Account you will need to register through the use of SecureToken Services – (www.ilixium.ca).

The Securetoken Account functionality it specific to the product which you are using (Payment Service).

Payment Service SecureToken Account enables you to:

• Securely Store Card Details
• Manage Personal Information
• View Transaction History
• Send and receive third party payments through Merchant Application
• Purchase Vouchers
• Redeem Vouchers through Merchant Application
• Collect Loyalty Points (when Redeeming SecureTokens)
• Redeem Loyalty Points through Merchant Application (based on Merchant specific Loyalty offers)

You can register for your own SecureToken Account when you use our SecureToken Services.

Notices to you:

This Agreement is located on ILIXIUM website: https://www.ilixium.ca/#customer/agreement

We may amend and update this Agreement without your consent at any time by posting a revised version on our website. The revised version will be effective at the time that we post it.

If the revised version includes a substantial change that applies to consumers, in addition to posting on our website, we will notify you directly in accordance with our Privacy Policy.

In accordance with our Privacy Policy, you agree that ILIXIUM may provide notice or other information to you by:

• posting it in a secure, private and password area of the Securetoken (ILIXIUM) website(s) accessed by you when successfully logging into your Account
• emailing it to you
• mailing it to you
• calling you by phone,
• or sending you a “text” / SMS message.

The personal information on your Account will be used to contact you. The personal information on your Securetoken Account can be viewed/updated in the “Profile” section, or will be provided to us directly from Merchant.

You must have internet access and an e-mail account to receive communications and information relating to the SecureToken Services. With the exception of amendments to this Agreement, such notice shall be considered to be received by you within 24 hours of the time it is posted to our website(s) or emailed to you. If the notice is sent by mail, we will consider it to have been received by you three Business Days from the date it was sent. You may request a copy of any legally required disclosures (including this Agreement) from us and we will provide this to you in a form which allows you to store and reproduce the information (for example, by e-mail) ILIXIUM may charge you a records request fee to provide a paper copy.

If we need to contact you, we might:

• post a notice in your secure SecureToken Account,
• email you,
• send it to your registered address,
• call or text you.

We will always assume that you have received the notice.

Privacy & Intellectual Property:

Your Privacy is extremely important to us and we strongly recommend that you read the ILIXIUM Privacy Policy in order to understand how we collect, store, use and your rights and access to your personal data.

The Privacy Policy can be located: https://www.ilixium.ca/#customer/privacy

“URLs representing the ILIXIUM website(s), the SecureToken trade mark and all related logos of our products and services described in our website(s) constitute the intellectual property rights of ILIXIUM or its licensors. All page headers, custom graphics, button icons and scripts are likewise the intellectual property of ILIXIUM and all rights are reserved. You may not copy, change or use them without our prior written consent. All right, title and interest in and to the ILIXIUM website and any content thereon is the exclusive property of ILIXIUM and its licensors.”

Privacy is extremely important to us. To understand how ILIXIUM collects, stores, uses and access your data refer to the ILIXIUM Privacy Policy.

Other:

Please be advised that we reserve the right to close, suspend, or limit your access to your Account or our Services, if you violate this Agreement.

You are encouraged to read the Frequency Asked Questions and Help section of the ILIXIUM website (www.ilixium.ca)

Unless your Account has been closed or restricted, you will be able to log in to the ILIXIUM website and view your transaction history within the “Transactions” area of your Account. You agree to review your transactions through the website rather than receiving periodic statements by mail.

If you violate this agreement, we can close, suspend or limit your access to SecureToken Services.

SecureToken Account enables you to view your transaction history in “Transaction” area of your account.

2. Your Agreement with Us

Your Account enables you to perform certain functions depending on the type of account. The following information relates to all available functions, available if you are utilising a Payment Account.

Your Account enables you to send and receive electronic payments.

With your SecureToken account you can:

• Send and receive payments, and
• Purchase and redeem vouchers, and
• Collect loyalty points

Your SecureToken Account is opened in your base currency (CAD). Your base currency (CAD) will then be fixed.  

The balance in your SecureToken Account is in your base currency and it doesn’t expire or earn any interest.

You have the right to request refund of your unredeemed funds from your SecureToken Account at any time.  However, you may be required to confirm your identity beforehand.  Refund amount must be equivalent to original voucher purchase amount, the voucher must be unredeemed and must be returned to the method utilised to purchase the voucher.

ILIXIUM is not a bank and funds held therein are not insured by the Canada Deposit Insurance Corporation (”CDIC”).

The funds belongs only to you and you can redeem or refund them at any time.

Your SecureToken Account may be subject to purchase, and redeem limits, depending on your country of residence, the verification status of your SecureToken Account and other factors used by us to determine such limits from time to time at our sole discretion.

Your account may be subject to upload, payment and withdrawal limits.

3. Opening Your Account & Eligibility

Opening Your Account

In order to use the SecureToken Services you must first open a SecureToken Account by registering your details on our Website or when making a payment with SecureToken Payment Service on one of our client’s websites. As part of the signup process you will need to accept these Terms of Use and our Privacy Policy. If you order additional services, you may be asked to accept additional terms and conditions.

You can open a SecureToken Account by registering in our website or by making a payment with one of our clients and choosing SecureToken as a payment option.

You may only open one SecureToken Account unless we explicitly approve the opening of additional accounts.

You may only open a SecureToken Account if it is legal to do so in your country of residence. By opening SecureToken Account you represent and warrant to us that you’re opening of an account does not violate any laws or regulations applicable to you. You shall indemnify us against any losses we incur in connection with your breach of this section.

All information you provide during the signup process or any time thereafter must be accurate and truthful.

You may only add payment instruments (such as bank accounts, credit cards or debit cards) to your SecureToken Account if you are the named holder of that payment instrument. We take any violation of this requirement very seriously and may treat an attempt to add a payment instrument of which you are not the named holder as a fraudulent act.

You should provide us with accurate and truthful information at any time and to ensure that opening a SecureToken Account does not violate any laws or regulations applicable to you.

Within 14 calendar days of the date of opening your SecureToken Account, you may close your SecureToken Account at no cost by contacting Customer Service, however, if you have uploaded funds (purchased Voucher) into your SecureToken Account, you may be required to provide identification documents before being able to refund funds from unredeemed vouchers. Transactions and undertaken before you close your SecureToken Account (including those transactions that are not revocable and have been initiated but not completed before closure of your SecureToken Account will not be refunded).  Following closure of account any unredeemed vouchers will be refunded to original source of payment.

Within 14 calendar days of the date of opening your account, you may close your SecureToken Account without any charges.

Eligibility

To be eligible for a SecureToken Account you must be over 18 years of age. We will require verification of age and will request that you provide evidence of your age.

To obtain Verified status you must complete the following steps depending on your SecureToken Account status:

• Complete the online set up process
• Follow the verification link
• Make a payment (purchase a voucher) with SecureToken Services using credit or debit card or bank transfer

You must be over 18 and Verify your SecureToken Account to fully use our SecureToken Services.

4. Keep your information Up to date:

You must ensure that the information recorded on your SecureToken Account is always accurate and up to date and we shall not be liable for any loss arising out of your failure to do so. We may ask you at any time to validate the accuracy of your information or to provide documents or other evidence to support this.

We may contact you by e-mail or in other ways described in section 18 with information or notices regarding your SecureToken Account. It is your responsibility to regularly check the proper functioning of your e-mail account or other methods of communication that you have registered with your SecureToken Account and to retrieve and read messages relating to your account promptly. We shall not be liable for any loss arising out of your failure to do so.

Your information must always be up to date.

Purchases, redemptions, refunds and withdrawals are displayed in “Transaction” area of your SecureToken Account. Each transaction is given a unique ID, which should be used when communicating with us about a particular transaction. You should check your account balance and transaction history regularly. You should report any irregularities or clarify any questions you have as soon as possible by contacting ILIXIUM Customer Services. To claim a refund for an unauthorised or incorrectly executed payment transaction on your SecureToken Account you must notify us without undue delay after becoming aware of the unauthorised or incorrect transaction and in any event no later than thirteen (13) months after the date the incorrect transaction was made.

Your transactions have a unique ID and if you need any clarification you should contact our Customer Services.

Keeping Your SecureToken Account Safe

Setting your Security Details: We advise you not to choose a PIN or password that is not easily guessed or inferred from information someone might know or gather about you. You should also take care to make sure that no one sees your PIN or password when you use it. It is advisable to change your password and your PIN regularly in order to increase the security of your account.

Our personnel or any approved third party will never ask you to provide your password or PIN in any communication.

Only use Genuine Websites: Any message you receive or website you visit that asks for your password, other than the SecureToken Account or a SecureToken Payment Service on a merchant website, should be reported to us. If you are in doubt whether a website is genuine, you should contact ILIXIUM Customer Service to validate before proceeding to use your SecureToken Account.

You must always ensure that your login details are not stored by the browser or cached or otherwise recorded in any computer, tablet or mobile device you use with the SecureToken account.

You must always ensure that your login details are not stored by the browser or cached or otherwise recorded in any computer, tablet or mobile device you use with the SecureToken account.

Reporting Incidents: If you have any evidence or suspicion of your SecureToken Account, login details, PIN, password or other security details being lost, stolen, misappropriated, used without authorisation or otherwise compromised, you are advised to change your password and contact ILIXIUM Customer Service immediately. Any undue delay in notifying us may not only affect the security of your account but may result in you being liable for any losses as a result. If you suspect that your SecureToken Account was accessed by someone else, you should also contact the police and report the incident.

Suspension of Account: We may suspend your SecureToken Account or otherwise restrict its functionality on reasonable grounds relating to the security of your account or any of its security features or if we reasonably suspect that any unauthorized or fraudulent use of your SecureToken Account has occurred or that any of its security features have been compromised. We will notify you of any suspension or restriction and of the reasons for such suspension or restriction in advance or, where we are unable to do so, immediately after the suspension or restriction has been imposed, unless notifying you would be unlawful or compromise our reasonable security interests. We will lift the suspension and/or the restriction as soon as practicable after the reasons for the suspension and/or restriction have ceased to exist.

Protect Your Email Account: You must take all reasonable care to ensure that your e-mail account(s) are secure and only accessed by you, as your e-mail address may be used to reset passwords or to communicate with you about the security of your SecureToken Account. Any incident of the e-mail addresses registered with your account being compromised should be reported to ILIXIUM without delay and also contact your e-mail service provider.

For your account security:

• Choose a strong Pin or Password and change it regularly,
• Ensure that the website you are using is genuine,
• Do not store your login details in your browser,
• Contact us if you notice something suspicious related to your account,
• Protect your email account.

5. Closing Your Account

Term and How to Close Your Account.

The term of this Agreement is for a period of time when you successfully register for a SecureToken Account until this Agreement is terminated for whatever reason.

You may close your SecureToken Account and terminate this Agreement at any time by contacting Customer Services at ILIXIUM.  Unredeemed vouchers will be automatically refunded when your account is closed. We reserve the right to carry out any necessary money laundering, terrorism financing, fraud or other illegal activity checks before authorising any withdrawal of your funds.

You may not close your SecureToken Account to evade an investigation. If you attempt to close your SecureToken Account while we are conducting an investigation, we may hold your funds for up to 180 Days to protect ILIXIUM or a third party against the risk of Reversals.

Chargebacks, Claims, fees, fines, penalties and other liabilities of whatever nature. You will remain liable for all obligations related to your SecureToken Account even after the account is closed.

Dormant Accounts:

After a total of twelve (12) months without any activity or access to your SecureToken Account we may use the information you have provided us to try to automatically refund any unredeemed vouchers and close your account.

Your obligations with regards to keeping your SecureToken (ILIXIUM) Account safe as set forth in section 4 shall continue to apply.

6. Uploading Funds into SecureToken Account

You can upload funds into your SecureToken Account by visiting our website, logging into your SecureToken Account and following the relevant voucher purchase instructions.

When uploading funds through a payment method ILIXIUM are a Payment Recipient and not a Payment Service Provider.

When authorising a payment transaction (voucher purchase) into your SecureToken Account, you may be asked to provide your PIN, password, answer security questions or to complete any other activities that we may reasonably require to ensure proper authentication that you are the account holder.

You may be presented with a number of different payment methods, depending on which payment instruments you have available to your SecureToken Account and which payment methods are available in your country of residence. These payment methods are provided by third party financial institutions and ILIXIUM provide no warranty for the use of any method used. ILIXIUM reserves to right to change, add or remove payment methods at any time without any requirement to notify you. We shall not be responsible for the upload payment until the uploaded funds are received into the ILIXIUM bank accounts.

For reasons of Anti-Money Laundering and fraud prevention you must not upload funds through a payment instrument which you are not the named holder of. We take any violation of this requirement very seriously and may treat any attempt to use a payment instrument of which you are not the named holder as a fraudulent act.

Uploads may be subject to upload limits due to security and legal requirements. These limits may be set due to your status of verification, and also the payment method being used.

Chargebacks:

When uploading funds into you SecureToken Account using a payment method that may carry with it the rights to chargeback or refute a transaction (including but not limited to credit and debit cards and direct debit), you declare that you will not perform a chargeback for any reason other than unauthorized use of that payment method. Otherwise, you may not charge back any upload transaction or allow a chargeback of any upload transaction for reasons for which we are not responsible including (but not limited to) disputes with merchants for non-delivery of goods or services or insufficient balance on the payment instrument account. We reserve the right to charge you fees and expenses we incur in connection with such chargeback and any action undertaken to challenge the same. We may also charge you a chargeback admin fee of $35 CAD.

You agree that you won’t perform any chargeback except in case of an unauthorized transaction.

7. Purchasing with SecureToken Account

In order to pay for goods and services using your SecureToken Account or Services you will need to enter your PIN prior to accessing your stored account balance and/or stored payment methods. Depending on the circumstance we may also ask you to provide additional security information or answer specific questions relating to you in order to confirm your identity as the account holder.

If your SecureToken Account is protected by additional security measures such as mobile authentication or security tokens, you will need to follow the instructions provided to you with such additional security measures.

Once the purchase is shown as successful the transaction becomes irreversible.

All purchases made with your SecureToken Account will be shown in the “Transaction” area of your account.

Purchases can be made using the SecureToken Service with unredeemed vouchers which are held already as balance in your SecureToken Account, these payments will be shown as “Redeemed Vouchers” within the “Transaction” area of your SecureToken Account.

Purchases using the SecureToken Payment Service with corresponding merchants, when purchase then redeem a voucher using a payment method such as a debit/credit card, will be shown as a “Purchase Voucher” and “Redeem Voucher” in the “Transaction” area of your SecureToken Account.

Payments using your SecureToken Account are subject to payment limits due to security and legal requirements. These limits will be set based on your verification status of your SecureToken account.

In order to keep your account safe, we will ask you to enter your PIN before paying for any goods or services. We might request additional security information if needed.

8. Withdrawing Funds from SecureToken

Merchants can make payments back to your SecureToken account which can then be withdrawn back to the original payment method which was utilised to purchase the associated goods and/or services on the Merchant site.  Payments made into your SecureToken account, and withdrawals back to original source of payment can be viewed in the “Transaction” area of your SecureToken account.  The capability to receive payments from Merchant and make associated withdrawals are not available on all accounts.  Where this functionality is available enhanced checks and due diligence will be performed.  Where the withdrawal payment is received by you through the involvement of a payment service provider (such as the bank where you hold a bank account), we shall not be responsible for the withdrawal payment once the withdrawn funds are received by your payment service provider. For the purposes of a withdrawal transaction, we are a payer and not a payment service provider.

When a payment is made to your SecureToken account from a Merchant the full amount will be withdrawn directly to the original source of payment for the originating goods and services.

Withdrawal limits

Your SecureToken Account is subject to fund received and withdrawal limits, which may be adjusted based on level of verification we hold on you.  If the withdrawal request exceeds the current limit, we may decline your request and instead require you to send us documents or information in order to verify your identity and address prior to allowing a withdrawal of funds which will allow us to reduce the risk of fraud or to otherwise comply with anti-money laundering or other legal obligations.

Withdrawals to you only

You can only make withdrawals to a bank account or other payment instrument that you are the named holder of and which is the original source of payment for the associated goods/services purchased at the Merchant site. Any violation of this requirement will be treated as a fraudulent act.

The payment method used for withdrawal must belong to you and must be the original source of payment for the associated good/services purchased at the Merchant site.  Withdrawal to an alternative payment method is not available through your SecureToken account.

9. Account Balances

Balances and transaction information.

You may check your current balance (unredeemed vouchers) and view your statement by logging into your SecureToken Account and viewing the “Transaction” section. All voucher purchases, redemptions and withdrawals will be shown in “Transaction” section of your SecureToken Account. ILIXIUM will ensure that the details of each transaction will be made available for you to view online for at least 24 months from when it is first made available.

The “Transaction” section will be updated after any activity on your account relating to the change of balance (purchase or redemption of voucher). The way in which we provide the transaction information will allow you to store and reproduce the information unchanged, for example by printing a copy.

Any change in balance including spending activity will be communicated to you via email and the relating information will be updated and made available to you at any time by logging into your SecureToken Account.

You do not need to maintain a Balance in your SecureToken Account in order to make payments. A Balance will be created whenever you use the SecureToken Service when you make either a payment with either a payment card or via your bank to purchase a voucher. If you hold a balance (unredeemed vouchers) you will not receive interest or any other earnings on this Balance because the Balance represents vouchers and not a deposit.

You can check your balance by logging into your SecureToken Account. We will notify you by email every time your balance is changed.

Multiple Currency Accounts

Multi-currency accounts are not currently available for SecureToken in Canada.

11. Restricted Use

With SecureToken Account and Services it is strictly forbidden to send or receive payments as consideration for the sale or supply of:

• Firearms, Weapons and Knives
• Pharmaceuticals or Nutraceuticals
• Alcoholic Beverages and Tobacco
• Adult Content
• Illegal Drugs & Drug Paraphernalia
• Unauthorized Copies (infringement of copyright)
• Pyramid Selling and Multi-Level Marketing
• Content Aggregators
• Virtual Currency
• Unregulated Insurance Firms
• Real estate, including residential property;
• Vehicles, including, but not limited to, motor vehicles, motorcycles, recreational vehicles, aircraft and boats, except for personally portable light vehicles used for recreational purposes like bicycles and wheeled hover boards;
• Businesses (when you buy or invest in a business);
• Payments that are equivalent to cash, including stored value items such as gift cards and pre-paid cards;
• Payments made in respect of gold (whether in physical form or in exchange-traded form);
• Financial products or investments of any kind;
• Donations, including payments on crowdfunding platforms as well as payments made on crowd lending platforms; and
• Payments to a state-run body (except for state-owned enterprises), government agencies or third-parties acting on behalf of state-run bodies or government agencies.

It is strictly forbidden to make payments to or to receive payments from persons or entities offering illegal goods/services/activities and the above list is not exhaustive, it is therefore your responsibility to ensure that you do not use the SecureToken Services for transactions that may be considered illegal in your jurisdiction. It is your and not our responsibility to ensure that you only send payments to or receive payments from persons or entities for the sale or supply of goods and services that you may provide or receive in compliance with any applicable laws and regulations. The mere fact that a person or entity accepts payments through us is not an indication of the legality of the supply or provision of their goods and services. If you are in doubt as to the legality of a supply or purchase, you should not continue with your payment.

Any attempts to use your SecureToken Account to launder money or if we suspect money laundering activity on your account will be reported to the relevant law authorities and result in the immediate suspension of your account pending further investigation.

If you are unsure about whether to use your SecureToken Account with a particular industry you are advised to check the ILIXIUM website within the Customer\Regulations\Our Acceptance Policy area. We reserve the right, in our sole discretion, to add categories of prohibited transactions by adding such categories either to this User Agreement or our acceptable use policy published on the Website.

You may not use SecureToken Services if you are residing in any country identified as a high risk jurisdiction. We may in our sole discretion decide to discontinue or restrict our services in other countries at any time and without prior notice.

We reserve the right to suspend or terminate your SecureToken Account and Services at any time if we reasonably believe to be required to do so by law or in order to comply with recommendations issued by a relevant government authority or recognised body for the prevention of financial crime.

If you conduct or attempt to conduct any transaction in violation of the prohibitions contained in this section, we reserve the right to:

• reverse the transaction; and/or
• close or suspend your account; and/or
• report the transaction to the relevant law enforcement agency; and/or

It is your responsibility to ensure that your SecureToken Account is not used to make or receive payments from illegal activities or industries that we don’t support.

12. Errors & Unauthorised Transactions

Identifying Errors and/or Unauthorised Transactions.

You can inspect your transaction history at any time by logging in to your SecureToken Account and clicking the “Transaction” area, we strongly recommend that you monitor your SecureToken Account closely on a regular basis. You must notify us immediately

If you believe that there has been any unauthorized access to your SecureToken Account, unauthorized transactions sent from your account, your password/pin has been compromised, or any other error has occurred on your account. We will not seek to hold you liable for any unauthorised use of your SecureToken Account by any person provided that we are satisfied that you have not acted deliberately so as to enable any third person to gain access to your username and/or password/PIN. We will hold you liable for unauthorised use of your SecureToken Account if we have evidence that you acted deliberately so as to enable any third person to gain access to your account; you acted fraudulently; or if you have with intent or gross negligence failed to comply with your obligations to use your account in the manner set out in this Agreement.

Notifying us of Errors and Unauthorised Transactions

You must notify Customer Services if you believe there has been or will be an error, unauthorised transaction, misappropriated or unauthorised use of your SecureToken Account, by email to: support@ilixium.com, telephone us or write to us using the contact details shown on the ILIXIUM website. If you initially provide information to us via the telephone, we may require that you send your question in writing within ten Business Days after the phone contact. You must give us all the information available to you regarding the circumstance and evidence of the error or unauthorized transaction and take all reasonable steps requested to assist ILIXIUM in our investigation. We may provide third parties with information we consider relevant in such circumstances in accordance with our Privacy Policy.

Review of Reports of Errors.

We will advise you of the results of our investigation within 20 business days after we receive your notice. If we have made an error, we will correct it promptly. If we need more time, however, we may take up to 30 business days to investigate your complaint or question.  If you initially provided information to us via the telephone and we do not receive your complaint or question in writing within 10 Business Days after your oral notice, we are not required to provisionally re-credit your Account.

At the end of our investigation, we will advise you of the results within three Business Days. If we determine that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.

Treating Unauthorised Transactions.

If your report an unauthorized transaction which following investigation by ILIXIUM has proven there is no evidence to suggest fraud or deliberate or gross negligence by you, ILIXIUM will credit you in full for all unauthorized transactions sent from your account, provided that you have informed us of the unauthorized transaction and account breach without delay. Where we believe in our reasonable opinion that further investigation is required to ascertain more clearly the circumstances surrounding the reported Improper Account Access, we will ask you to provide more detail in writing.

Errors.

If we discover a processing error, we will rectify the error. If the error resulted in your receiving less money than you were entitled to, we will credit your Account for the difference. If the error results in you receiving more money than you were entitled to, we may debit the extra funds from your account.

If a payment was made to your Account by way of mistake, ILIXIUM may correct the mistake by debiting or crediting (as the case may be) your account balance. If the error resulted in our not completing a transaction on time or in the correct amount, we will be liable to refund any amount as a result of carrying out a defective or non-executed payment transaction and for your losses or damages directly and reasonably foreseeably caused by this failure, unless:

• through no fault of ours, you did not have enough available funds to complete the transaction,
• our system was not working properly and you knew about the breakdown when you started the transaction, or
• circumstances beyond our control (such as fire or flood or loss of Internet connection) prevented the transaction, despite our reasonable precautions.

Notwithstanding any other term of this Agreement, ILIXIUM will not be held liable for the non-execution or defective execution of a payment transaction if you have failed to notify ILIXIUM of such an incorrectly executed payment transaction without undue delay, or in any event no later than within 13 months after the transaction date, on becoming aware of such incorrectly executed payment transaction.

If you notice suspicious activity or any sort of errors in your Account you must contact us immediately by email to: support@ilixium.com or by phone. We will then proceed with our investigations and advise you of the results.

13. Your Data

The processing of your data is governed by our Privacy Policy which can be found on our Website. By accepting this User Agreement, you also agree to the terms of our Privacy Policy. You should print and keep a copy of the Privacy Policy together with this User Agreement.

You are subject to our Privacy Policy that can be found on our website.

14. Your Liability

If we have reason to believe that you have engaged in any Restricted Use as per Clause 11 of this Agreement, we may take various actions to protect ILIXIUM, our employees, partners and associated third parties, or you from Reversals, Chargebacks, Claims, fees, fines, penalties and any other liability. The actions we may take include but are not limited to the following:

1. We may, at any time and without liability, suspend, block, limit, close or cancel your right to use a particular payment method or your Account and Services entirely or for any particular transaction, which may in turn suspend, block, limit, close or cancel access to your Account. We will normally give you advance notice of any suspension or cancellation but we may, if it is reasonable to do so (for example if you are in breach of this Agreement or we consider it advisable for security reasons), suspend or cancel your right to use your payment method or account without prior notice to you;
2. Refuse any particular payment transaction at any time for any reason and will only be required to make available the fact of the refusal and the reasons for the refusal and how you may resolve the problem, where possible, upon request and provided it is not prohibited by law;
3. We may reverse a payment (including, if appropriate, to the sender’s Funding Source), that violates our Acceptance Policy
4. We may contact third parties and disclose details of the Restricted Activities in the manner set out in our Privacy Policy;
5. We may request information from you or otherwise update inaccurate Information you provided us;
6. We may refuse to provide Services to you in the future;
7. We may hold your funds to the extent and for so long as reasonably needed to protect against the risk of liability.
8. We may take legal action against you. Unless otherwise directed by us, you must not use or attempt to use your Account while it is suspended or has been closed. You must ensure that all agreements with merchants or other third parties that involve third party initiated payments (including, Recurring Payments) set up from your Account are cancelled immediately upon the termination, suspension or closure of your Account. You remain liable under this Agreement in respect of all charges and other amounts incurred through the use of your Account at any time, irrespective of termination, suspension or closure.
9. Unapproved Reversals, Chargebacks and Claims and any other penalties incurred by ILIXIUM may be reimbursable by you to ILIXIUM.

If we have reason to believe that you have engaged in any illegal activities or industries that we don’t support, we may take various actions to protect ILIXIUM.

15. Our Liability

We provide the all our  Services to you subject to your statutory rights but otherwise provided without any warranty or condition, express or implied, except as specifically stated in this Agreement. ILIXIUM does not have any control over the products or services that are paid for using the Services and we cannot ensure that a merchant you are dealing with will actually complete the transaction or is authorised to do so.

You acknowledge your access to the website(s) may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services.

We make every effort to ensure that the information contained in our correspondence, reports, on the website(s) and given verbally by our directors, officers and staff is accurate to the best of our belief at the time the information is provided. However, we cannot guarantee the accuracy of all such information in all circumstances and contexts, and no reliance should be placed on such information by you. You must check all correspondence between us carefully and tell us as soon as possible if it includes something which appears to you to be wrong or not made in accordance with your instructions.

We shall not be liable for any disruption or impairment of our service or for disruptions or impairments of intermediary services on which we rely for the performance of our obligations hereunder, provided that such disruption or impairment is due to any circumstances beyond our reasonable control or the control of the intermediary affected.

No warranty is given save for a warranty that ILIXIUM will provide the services subject only to your statutory rights.

We shall not be liable for any indirect or consequential losses including but not limited to loss of profit, loss of business and loss of reputation. We shall not be liable for any losses arising from our compliance with legal and regulatory requirements.

Nothing in these Terms of Use shall operate to exclude liability for death or personal injury due to negligence or for fraud or fraudulent misrepresentation or for any statutory liability that cannot be excluded or amended by agreement between the parties.

Our obligation under this User Agreement is limited to providing you with a payment service or electronic money account and related payment services and does not make any statement in relation to or endorsement of the quality, safety or legality of any goods or services provided by an ILIXIUM customer or client.

We shall not be liable for the assessment or payment of any taxes, duties or other charges that arise from the underlying commercial transaction between you and another ILIXIUM customer or client.

Indemnification/re-imbursement. You agree to defend, reimburse or compensate us and hold us and our other companies in our corporate group harmless from any claim, demand, expenses or costs (including legal fees, fines or penalties) that we incur or suffer due to or arising out of your or your agents’ breach of this User Agreement, breach of any applicable law or regulation and/or use of the services. This provision shall survive termination of the relationship between you and us.

We shall only be liable to you for loss or damage caused directly and reasonably foreseeable by our breach of this Agreement and our liability in these circumstances is limited as set out in the remainder of this section.

In no event shall we, the other companies in our corporate group, persons who act on our behalf, and/or the persons we enter into contracts with be liable for any of the following types of loss or damage arising under or in relation to this Agreement (whether in contract, tort (including, without limitation, negligence) or otherwise:

• any loss of profits, goodwill, business, contracts, revenue or anticipated savings even if we are advised of the possibility of such damages, loss of profits, goodwill, business, contracts, revenue or anticipated savings; or
• any loss or corruption of data; or
• any loss or damage whatsoever which does not stem directly from our breach of this Agreement; or
• any loss or damage whatsoever which is in excess of that which was caused as a direct result of our breach of this Agreement (whether or not you are able to prove such loss or damage).

Nothing in this Agreement shall limit our liability resulting from our fraud or fraudulent misrepresentation, gross negligence, wilful misconduct, for death or personal injury resulting from either our or our subcontractor’s negligence or to the extent such limitation or exclusion is not permitted by applicable law.

License grant.

If you are using ILIXIUM software such as an API, reporting system, software developer’s toolkit or other software application that you have downloaded to your computer, device, or other platform then ILIXIUM and its licensors grant you a limited nonexclusive license to use the software in accordance with the documentation, including all updates, upgrades, new versions and replacement software, as described herein for your personal use only. You may not rent, lease or otherwise transfer your rights in the software to a third party. You must comply with the implementation and use requirements contained in all documentation, together with any instructions provided by us from time to time accompanying the Services (including, without limitation, any implementation and use requirements we impose on you to comply with applicable laws and card scheme rules and regulations).

If you do not comply with ILIXIUM’s instructions, implementation and use requirements you will be liable for all resulting damages suffered by you, ILIXIUM and third parties. You agree not to alter, reproduce, adapt, distribute, display, publish, reverse engineer, translate, disassemble, decompile or otherwise attempt to create any source code which is derived from the software. You acknowledge that all rights, title and interest to ILIXIUM’s software are owned by ILIXIUM. Any third party software application you use on our website is subject to the license you agreed to with the third party that provides you with this software.

Our liability to you.

16. Termination & Suspension of Services

You may terminate your Account at any time. ILIXIUM may terminate your Account or any service associated with it by giving you two (2) month’s prior notice. In the event of ILIXIUM terminating your Account you will be given reasonable instructions on how to withdraw your remaining funds.

We may at any time suspend or terminate your Account without notice in case:

• We have reason to believe that you are in any way involved in any fraudulent activity, money laundering, or other criminal activity
• you breach any condition of this User Agreement or any other condition applicable to specific services covered by separate terms and conditions;
• you violate or we have reason to believe that you are in violation of any law or regulation that is applicable to your use of our services; or

We may suspend your Account at any time if we reasonably suspect:

• that your account has been compromised and is being accessed by someone other than you
• any other security breach related to your account; or
• your account has been or is being used without your authorisation or fraudulently;

we shall notify you either prior to the suspension or, if prior notification is not possible under the circumstances, promptly after the suspension unless we are prohibited by law to notify you.

If we close your Account, we will provide you with notice of Account closure and where practicable, the reasons for closing your Account, together with the ability to withdraw any undisputed funds that we are holding.

If we suspect that your Account has been accessed without your authorisation, we may also suspend, or limit, your access to your Account or the Services (such as limiting access to any of your Funding Sources, and your ability to send money, make withdrawals, or remove financial Information). If we otherwise limit access to your Account, we will provide you with notice and opportunity to request restoration of access if appropriate.

Your Account can be terminated by you at any time or by ILIXIUM. Depending on the reasons that make us suspend or terminate your Account, we might give you prior notice. We will always notify you in case your Account is closed.

17. Changes to this Agreement

This User Agreement and any additional terms and conditions that may apply are subject to change. Changes will be implemented with prior notice from us under the procedure set forth in this section.

ILIXIUM shall give notice to you of any proposed change by sending an e-mail to the primary e-mail address registered with your account.

The proposed change shall come into effect two (2) months after the date of the change notice, unless you have given us notice that you object to the proposed changes before the changes come into effect.

If you object to the changes, they will not apply to you, however, any such objection shall constitute a notice by you to terminate and close your Account, in accordance with the provisions of section 5 above.

Changes that make this User Agreement more advantageous to you shall come into effect immediately if noted in the communication.

Changes to exchange rates will always come into effect immediately without notice and you shall not have the right to object to such a change.

This policy may be changed, however any major changes will be notified to your email address.

If you reside in Quebec and are a consumer within the meaning of the Consumer Protection Act (Quebec), your notice will set forth the change, the date of the coming into force of the change and your rights to refuse such change and to rescind the agreement without cost, penalty or cancellation indemnity by sending us a notice to that effect no later than 30 days after the modification comes into force.

18. Communication from ILIXIUM

Our primary method of communication with you will be via email (using the primary email address registered with your Account), however we may use telephone or by post using the registered details in your account. You are required to check your email account regularly, any communication sent via email will be deemed as delivered on a particular day if it is received by your inbox prior to 17:30 (Eastern Time) of that day, any time after that will be deemed received on the following day.

You may also receive system-generated transactional emails such as confirmation of fund uploads, notification of receipt of payments, notification of password changes etc. which are necessary for the proper operation and administration of your account.

In order to view emails you need a computer with e-mails software that can display e-mails in HTML format. We may also send you attachments in Portable Document Format (PDF) which may require you to have the appropriate software in order to open and read these attachments.

ILIXIUM will never send you emails with executable files attached or links to executable files, if you should receive any emails (falsely claiming to be from ILIXIUM or ) with such attachments please delete the email and do not open the file. ILIXIUM representatives will never ask you for your pin or password, so any email or other communication requesting your pin or password should be treated as unauthorized and suspicious and forwarded to privacy@ilixium.com. If you do share your ILIXIUM pin or password with a third party for any reason, including because the third party has promised to provide you additional services, the third party will have access to your  Account and your personal information, and you may be responsible for action taken using your pin or password.

Where it is legally required for us to provide you information to you on a durable medium, we will either send you an e-mail (with or without attachment) or send you a notification pointing you to information on our Website in a way that enables you to retain the information in print format or other format that can be retained by you permanently for future reference. You are required to keep copies of all communications we send or make available to you. You can request a copy of the current User Agreement or any other contractual document relevant to you by contacting Customer Service on: support@ilixium.com

We will communicate to you in English and/or French and will always accept communications made to us in those languages. Documents or communications in any other languages are for convenience only and shall not constitute an obligation on us to conduct any further communication in that language.

You may contact us at any time by sending a message to ILIXIUM Customer Service via the Contact Us component on our website.

We will only notify you of important actions that have occurred on your Account.

19. Complaints

General

Any complaints about us or the services we provide should be addressed to us in the first instance by contacting Customer Service. You should clearly indicate that you are wishing to make a complaint to us. This helps us to distinguish a complaint from a mere query. We send you a complaint acknowledgement by post or by e-mail within 5 days of receiving your complaint in accordance with our complaints procedure. You may request a copy of our complaints procedure at any time by contacting ILIXIUM Customer Service.

We endeavour to provide you with an answer or resolution to your complaint within the timeframes as outlined by the Financial Ombudsman Service. Should this not be possible due to unforeseen circumstances or lack of information, we will contact you.

Please make it clear you are making a complaint, we will respond in 5 days.

Disputes relating to the Code of Conduct for the Credit and Debit Card Industry in Canada

If you are a merchant and you are unhappy with our resolution of a dispute regarding the potential violation of the Code of Conduct for the Credit and Debit Industry in Canada, please refer to our Code of Conduct Complaints Resolution guidelines for information on how to escalate your dispute.