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About us
Privacy Statement and Pledge
Your privacy is our priority
GlobalATM™ considers the complete privacy of fund transfers/transactions and all
personal and account information to be sacrosanct. Because of our strong philosophy of
excellent customer service, we have provided the most advanced and complete security
provisions to ensure that information intended to be private remains such. The only
individuals who should be privy to buying habits, account information, or other
confidential personal information are the Cardholders themselves. Therefore, only an
Account Code is disclosed; all other information required by other sites and with other
services, such as first and last name, banking history, social security number, Credit
Card number, etc. will never be disclosed by GlobalATM™, unless it is necessary
for completing transactions (provided to TransUnion or similar company for verification
purposes only); to comply with government agency or court orders or other legal reporting
requirements; to report a delinquency or default to TransUnion or similar credit bureaus,
and/or if you give us written permission. The information that Cardholders expect to be
kept private will remain so. At no time will this or any other information about
Cardholders be sold to any third party. At GlobalATM™, we value the association with
our Cardholders and appreciate their patronage. Our Cardholders can rely on the fact
that GlobalATM™ will always strive to provide a convenient, inexpensive, quick
and easy-to-use service and maintain our firm guarantee with respect to right of
privacy.
-- Terms and Conditions --
CARDHOLDER AGREEMENT AND DISCLOSURE
IMPORTANT - PLEASE READ CAREFULLY
These Terms and Conditions (this "Agreement") apply to your GlobalATM Account and affect your rights. As such, we recommend you read them fully and carefully. The GlobalATM Service is a consumer payment service that can be used to purchase a wide variety of goods and services from merchants worldwide who maintain a payment relationship with GlobalATM or will except an ATM card as a method of payment. Your GlobalATM Account is comprised of two accounts, a "virtual" account and an ATM card account, which are linked within the GlobalATM system. Your GlobalATM Account can be securely funded by a variety of methods, which may include ACH, debit, a check, wire transfer, credit card, transfers from other payment systems or directly from your bank account. GlobalATM reserves the right to add, delete or restrict the use of any funding method at any time without prior notice to you other then by changing this Agreement or any other associated agreement. GlobalATM will transfer a payment from your GlobalATM Account to a GlobalATM Authorized Merchant upon electronic notification of the transaction initiated by you using your GlobalATM Account on our Website or by using GlobalATM links that are located on Merchant websites to make a transfer.
You acknowledge that you have read and agree to the terms and conditions contained in this Agreement. You also agree that this Agreement constitutes a legally binding contract formed between you and GlobalATM Ltd., a company organized under the laws of British Columbia, Canada.
If this Agreement changes it will be posted on our website and take effect immediately upon such posting. You will always be advised of changes to fees prior to completion of the transaction for which the fee is to be charged.
- Definitions and Interpretation. For the purposes of this Agreement, the following words have the meanings indicated:
- "Agreement" refers to this User Agreement.
- "ATM Card" refers to any automated teller machine card issued to you by GlobalATM and applicable to your GlobalATM Account.
- Business Days. For purposes of the time periods set forth in this Agreement, our business days are Monday through Friday. Legal holidays in the United States, Canada or the United Kingdom are not considered business days.
- Currency. All amounts reflected in this Agreement are United States dollars, unless otherwise stated.
- "GlobalATM Authorized Merchant" refers to a merchant who accepts GlobalATM as a method of payment.
- "GlobalATM Account" means your GlobalATM personal interface, including a virtual "account" and an associated ATM Card, which together reflects your available balance with the Service and is accessible via the Internet and through ATM Card withdrawal access. Your available balance can be increased through permitted secure funding methods.
- "Service" refers to the GlobalATM payment service and any related products or services available through www.GlobalATM.com, including our Internet interface that allows you to manage your GlobalATM Account.
- Unless otherwise stated, "GlobalATM," "we" or "our" refers to GlobalATM, Ltd.
- "You" or "Your" or "User" means any person or entity using the Service.
- All currency amounts mentioned in this Agreement are stated in U.S. dollars.
- Disclaimers and Warranties.
- NOT A BANK. GlobalATM PROVIDES A PAYMENT SERVICE THAT FACILITATES THE PROVISION OF GOODS AND SERVICES BETWEEN YOU AND GlobalATM AUTHORIZED MERCHANTS. BY SIGNING THIS AGREEMENT, YOU ACKNOWLEDGE THAT GlobalATM IS NOT A BANK OR BANKING SERVICE, IS NOT INSURED BY ANY GOVERNMENT AGENCY, IS NOT SUBJECT TO BANKING REGULATION OR FINANCIAL INSTITUTION OVERSIGHT, AND WILL NOT PAY OR BE OBLIGATED FOR THE PAYMENT OF ANY INTEREST EARNED ON AMOUNTS FUNDED TO YOUR GlobalATM ACCOUNT. IN ADDITION, GlobalATM IS NOT ACTING AS A TRUSTEE, FIDUCIARY, OR ESCROW WITH RESPECT TO YOUR FUNDS. NO PARTNERSHIP, JOINT VENTURE, EMPLOYER OR FRANCHISE RELATIONSHIP IS INTENDED OR CREATED BY THIS AGREEMENT. GlobalATM ACTS SOLELY AS YOUR AGENT IN CARRYING OUT YOUR PAYMENT OR FUNDING INSTRUCTIONS TO THE EXTENT CONSISTENT WITH THE TERMS OF THIS AGREEMENT. FUNDS IN A GlobalATM ACCOUNT BELONG TO GlobalATM, BUT WE AGREE TO MAKE THEIR EQUIVALENT AVAILABLE TO YOU, UNDER TO THE TERMS OF THIS AGREEMENT.
- NO WARRANTIES AS TO MERCHANTS. We provide no warranty, make no representation and disclaim all liability with respect to the quality, availability, legality, delivery or any other aspect of your dealings with GlobalATM Authorized Merchants or any products or services you purchase from them. The process by which GlobalATM authorizes merchants to accept payment through the Service does not involve any assumption of responsibility or investigation about those merchants' dealings with any particular consumers. ACCORDINGLY, YOU AGREE THAT YOU DEAL WITH GlobalATM AUTHORIZED MERCHANTS ENTIRELY AT YOUR OWN RISK. ANY GRIEVANCE YOU MAY HAVE WITH A GlobalATM AUTHORIZED MERCHANT MUST BE PURSUED WITH THAT MERCHANT, NOT WITH GlobalATM.
- Except as expressly provided elsewhere in this Agreement, we will not be liable for any damages of any kind arising out of or in connection with this Agreement, the GlobalATM web site, or GlobalATM service.
- We will not be obligated to pay you for any transfer or amounts credited to your GlobalATM Account for which we have not irrevocably received such amounts.
- We reserve the right to hold funds beyond the normal distribution periods for transactions we deem suspicious.
- GlobalATM, in its sole discretion, may terminate this Agreement, access to its web site, access to the service, or access to your ATM Card without notice for any reason and at any time.
- We retain all right, title, and interest in and to all of our trademarks, tradenames, and tradedress, which you agree you will not use without the prior express written consent of GlobalATM, which may be withheld in the sole and absolute discretion of GlobalATM.
- GENERAL DISCLAIMER. Except where expressly stated to the contrary in this Agreement, GlobalATM disclaims all warranties, including all warranties that otherwise might be implied by law, such as, for example, implied warranties of merchantability and fitness for a particular purpose. In addition, except where required by applicable law, we, our affiliates, agents and licensors shall not be liable for any incidental, consequential, or other damages, losses, or claims in any way connected with, or arising out of, the use of the Service.
- User Eligibility and Registration. In order to use this Service, you must successfully register for a GlobalATM Account at www.GlobalATM.com, which includes your agreeing to abide by all the terms and conditions in this Agreement and any documents referenced herein. Users and households may only hold one GlobalATM Account with GlobalATM. GlobalATM reserves the right to close any duplicate account, any account based upon or containing any untruthful information, and any account linked in any way to any other GlobalATM account not in good standing. The Service is only available to Users who can form legally binding contracts under applicable law. Without limiting the scope of the previous sentence, you must be at least 18 years of age and you must be of the age of majority in the jurisdiction where you are domiciled to register for a GlobalATM Account. You also agree to provide us with accurate information at all times, including upon registration with GlobalATM and at all times thereafter while your Account is open, specifically including your name, contact information, email address, bank account information, personal identification numbers (e.g., driver's license and/or Social Security or similar government-issued personal identifying number), payment instructions, and such other personal identification information as we may request from time to time. You hereby authorize us and our agents, suppliers, and subcontractors to make any inquiries with any third party we and they consider necessary to verify the accuracy and completeness of such information to our sole satisfaction. This may include ordering a credit report and/or verifying the information you provide against third party databases. You represent and warrant that any funds or credit you cause or direct to be funded to your GlobalATM Account are your funds and are being loaded to your GlobalATM Account with your full knowledge, authority and responsibility and that you have the lawful right to fund and withdraw such amounts from your GlobalATM Account through the means permitted by the GlobalATM system. Violation of this Section will constitute grounds, without prior notice, for immediate (i) termination of your GlobalATM Account and the Service with respect thereto, and (ii) immediate forfeiture to GlobalATM of the entire funds balance attributable to such account.
- User Responsibilities.
- Password. It is your responsibility to retain your Password and registration information as confidential and not to disclose it to any other person. Only you are authorized to use your GlobalATM Account. You may not delegate any authority for any other person to do so.
- Monitoring Your GlobalATM Account. It is your responsibility to monitor use of your GlobalATM Account. The GlobalATM system records all credits and debits to or from your GlobalATM Account at the time of the transfer. All transfers/debits of your credit cards are done at the point of funding in real time. We suggest that you review your GlobalATM Account records on our system and, as prescribed in Section 6 below, alert us of any error.
- Account Use. As security safeguards and to combat the use of GlobalATM accounts in money laundering, organized crime and terrorism, all GlobalATM Accounts and ATM Cards are subject to such funding and withdrawal limitations as GlobalATM may in its sole discretion without notice impose from time to time. You agree that you will not use the Service for any unlawful, fraudulent or improper activity and that you will not use or attempt to use the Service for any purpose other than sending and receiving payments to GlobalATM Authorized Merchants and managing your GlobalATM Account. If we have reason to believe that you may be engaging in or have engaged in fraudulent, unlawful, or improper activity, including without limitation any violation of this Agreement, or that you are using or attempting to use the Service for any impermissible purpose, we reserve the right to restrict or terminate your GlobalATM Account immediately without notice and without prejudice to all rights and remedies we otherwise may have available to us under this Agreement, in law or equity. Prohibited activity includes without limitation:
- Initiation of a dispute or return through any funding source used to fund your GlobalATM Account;
- Receipt or transmission of fraudulently obtained funds or funds intended to facilitate or that represent the proceeds of unlawful activity;
- Creation and use of more than one GlobalATM Account by you or anyone in your household;
- Disclosure of your Password or other confidential GlobalATM Account information to third parties; and
- Breach by you of any provision in this Agreement.
- Consequences of Improper Use. If you use, or attempt to use, the Service for unauthorized purposes, including, but not limited to, tampering, hacking, modifying, or otherwise corrupting the security or functionality of the Service or any of our sites, or using the Service for any illegal activity, GlobalATM at our sole discretion may terminate your GlobalATM Account immediately without notice and without prejudice to all other rights and remedies under law or equity that are available to us.
- Remedies and GlobalATM's Right to Collect From You. Without limiting other remedies, we may update inaccurate contact information, contact you by means other than electronic, warn our User and merchant community of your actions without prior notification to you, place a hold on your GlobalATM Account funds, limit access to your GlobalATM Account, report outstanding balances to third-party credit agencies or suspend your GlobalATM Account if (a) you breach this Agreement; (b) we cannot verify any information you have provided; (c) we believe that your GlobalATM Account or activities may cause GlobalATM (including our officers, directors, agents, employees and affiliates), our customers, or you to be legally liable or to suffer financial loss.
- You Indemnify Us. You agree to indemnify and hold us, our affiliates, our officers, our directors, and our employees harmless from any claim, action, demand, loss, damages or other expense, including attorney fees, to the extent arising out of or related to your breach of this Agreement or violation of any applicable law or the rights of a third party relating to your use of this Service.
- Release. You agree to release GlobalATM, its officers, directors, agents, employees, and affiliates from, and do hereby irrevocably assign and convey to GlobalATM for good and valuable consideration given, any and all claims, demands, damages or expenses of every kind or nature arising out of or in any way connected with any dispute between you and other Users or GlobalATM Authorized Merchants.
- GlobalATM does not presently service any Account originating or maintaining any presence in the following countries: Afghanistan, Albania, Algeria, Armenia, Azerbaijan, Belarus, Bhutan, Bouvet Island, Bulgaria, Cambodia, Croatia, Estonia, Georgia, Ghana, Hungary, Indonesia, Iran, Iraq, Jordan, Kazakhstan, Korea (North), Kyrgyzstan, Laos, Latvia, Lebanon, Libya, Lithuania, Malaysia, Moldova, Mongolia, Myanmar (Burma), Nigeria, Oman, Pakistan, Romania, Russia, Saudi Arabia, Serbia and Montenegro, Slovakia, Slovenia, Somalia, Syria, Tajikistan, Thailand, Turkmenistan, Uganda, Ukraine, Uzbekistan, Yemen, Yugoslavia. This list is subject to change without notice.
- Using the Service.
- Funding Your GlobalATM Account: Process and Fees. Each request made by you to fund your GlobalATM Account shall constitute a valid authorization for us to deduct the amount specified in your request, plus applicable user fees in effect from time to time as published on our Website directly from your designated funding source. The total amount drawn, including fees, will be electronically displayed and authorized by you prior to the completion of the funding transfer or withdrawal. If you fund your GlobalATM Account in whole or in part using a credit card, or otherwise provide us with your credit card information, you agree that we may charge your credit card at any time to fund any deficit in your GlobalATM Account balance (e.g., any transfer/payment by you to a third party to the extent the transfer amount is greater than your then-current GlobalATM Account balance), otherwise you will not attempt to initiate any transfer or withdrawal for amounts greater than your then-current GlobalATM Account balance. You agree that all payments and transfers initiated by you in which charges are made to you are Account or to any other funding source you designate (e.g., bank account, credit card) are final and not reversible, and that you will not charge-back any amounts previously charged to your credit card or withdrawn from any account or other funding source you use to fund your GlobalATM Account. In the event your transaction is returned unpaid or restricted for any reason, which constitutes grounds for immediate termination without notice, GlobalATM may re-present the item through any means it deems appropriate until collected. In addition to the amount of the transaction, GlobalATM may charge your Account or otherwise collect from your funding source GlobalATM's applicable service charges for each such rejected/returned/unpaid item. GlobalATM reserves the right to resubmit for collection any transaction item authorized by you that is rejected or returned unpaid for insufficient or uncollected funds, credit limit, or any other reason.
- Disabling of Your GlobalATM Account and Rejection or Changes to Transactions. In order to prevent fraud or other unlawful activity, we reserve the right to hold funds beyond the normal distribution periods for transactions we deem suspicious or for Users engaging in what we deem to be large or frequent transactions. We are not required to pay interest on any funds held. Should we choose not to accept a transaction, we will provide you with notice. Once you have authorized a transaction with GlobalATM, that transaction may not be canceled, amended or modified by you.
- Refunds/Withdrawals. At your request, initiated by you at www.GlobalATM.com while logged in to your GlobalATM Account, we will refund the balance (or any portion thereof) of your GlobalATM Account to a validated registered bank account or by any other permitted transfer method employed by GlobalATM at that time in its sole discretion. Refunds and withdrawals (including ATM Card withdrawals) can only be made for funds that have cleared the cardholder's funding source and have been on account with GlobalATM for at least 14 days. You agree that you will not at any time engage in or assist any person in engaging in any transaction using the System that could be construed as providing a "cash advance" from a credit card, including but not limited to funding your GlobalATM account (or another user's account) with a credit card transfer, followed by any subsequent attempt to withdraw such funds from the GlobalATM Account, whether by check request, wire transfer or using your ATM Card to receive cash.
- GlobalATM Account Closing/Voluntary and Involuntary.
- Voluntary: You may close your GlobalATM Account at any time by e-mailing us at info@GlobalATM.com. Upon closure of a GlobalATM Account, if we have reason to believe you have used or have attempted to use your GlobalATM Account for a fraudulent, illegal or improper activity, we may hold your funds for up to 180 days pending resolution of our concern. If you are later determined to be entitled to some or all of the funds in dispute, GlobalATM will make a payment of those funds to you, without interest. Closing your GlobalATM Account will result in termination of this Agreement.
- Involuntary: We reserve the right to terminate your GlobalATM Account if you do not access it for a period of 150 days. We will notify you via email to your registered email address of such impending termination and, if you fail to respond to your notification within a reasonable period, your funds will be forfeited to GlobalATM. Termination of your GlobalATM Account will result in termination of this Agreement.
- Average or minimum balance charge: We reserve the right at any time to impose minimum or average balance and minimum Account activity requirements below which we will assess fees or charges to maintain your GlobalATM Account.
- Limitations on frequency and dollar amounts of transfers: We maintain limits on the frequency and dollar amounts of transfers permitted through our Service for security and fraud prevention reasons. Those limits may change and may not be disclosed to our Users to avoid compromising our security and fraud prevention efforts.
- GlobalATM Account Transaction Statements. Your GlobalATM Account may be viewed online at www.GlobalATM.com as long as your Account is enabled. You may obtain print outs of your Account and related activity when viewing your Account online. We suggest that you periodically print copies of your register for your records. To receive a copy of your account register in cases where your account is closed or disabled, please email a request to info@GlobalATM.com.
- Liability for Unauthorized Transactions and Errors Resolution.
- Your Responsibilities. As noted above, you are responsible for keeping your password and Account information secure and confidential. If your password or any other Account information is used by an unauthorized person, you may be liable for any misuse, damage or loss incurred.
- Unauthorized Transaction or Mistake on Your Account. Tell us AT ONCE if you believe your Password or other account information has been lost, stolen or disclosed to another person, if you receive a notice from GlobalATM of a transfer you did not authorize, if your GlobalATM or funding source statement shows unauthorized activity involving GlobalATM, or if you need additional information about a transaction. Contacting us immediately is the best way to minimize your possible losses. If you do not notify us within 60 days of when you first receive notice of an unauthorized transaction, you may not recover any money you lose after the 60 days if we could have prevented the loss had you notified us within that time. If good reason (such as a long trip or hospital stay) kept you from notifying us, we may extend the 60-day time period.
- Contacting Us. You may contact us via e-mail at info@GlobalATM.com. Your message to us must include: (i) your name, account number, and the answer to your secret question; (ii) a description of the error or the transfer you are questioning; (iii) a clear explanation about why you believe it is an error or why you need more information; and (iv) the dollar amount of the suspected error.
- Correction of Errors. We will attempt to determine whether an error occurred within 10 business days after you have provided us with all required information. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we may provisionally re-credit your account for the amount you think is in error, in order to give you use of the money during our investigation. If we ask you to put your complaint in writing and we do not receive it within 10 days, we will not in any event provide such re-credit. At the conclusion of our investigation, we will correct any error that we determine has been appropriately substantiated. If we determine that there was no error, we will send you a written explanation after we complete our investigation and revoke any provisional re-credits that had been provided to you. In that event, you may request copies of documents used in our investigation.
- Liability for Failure to Process a Requested Transfer. If we do not complete a transfer to or from your GlobalATM Account in the correct amount in violation of this Agreement, we will be liable for your losses or damages. WE WILL NOT BE LIABLE, HOWEVER FOR ANY OF THE FOLLOWING:
- Through no fault of ours, you do not have enough money in your GlobalATM Account to make the transfer.
- Your funds are subject to legal process or other encumbrance which restricts the transfer.
- Any technical device, such as a computer, computer software or hardware, Internet Service Provider, Internet server, Internet access, handheld devices, telephone or other communications device has malfunctioned, has been lost or terminated, or has been affected by a virus or similar destructive file or element.
- Circumstances beyond our control prevent or delay the transfer, despite reasonable precautions that we have taken. These circumstances include, but are not limited to, acts of God, fire, explosion, earthquake, riot, war, sabotage, accident, embargo, storms, strikes, lockouts, any interruption, failure or defects in Internet, telephone, or other interconnect services or in electronic or mechanical equipment. We make no representations or warranties regarding the amount of time needed to complete any transaction processing, such as delays in the banking system or your local mail service, nor shall we be liable for any actual or consequential damages arising from any claim of delay.
- You suffer a loss due to your failure to correctly enter data. Examples of such losses include, but are not limited to erroneous payments made to an unintended recipient or in an unintended amount as a result of your clerical error(s) in data entry.
- You provide any inaccurate or incomplete information, such as an inaccurate or incomplete e-mail address or other Account information.
- We choose, in our sole discretion and consistent with this Agreement, not to complete your transfer in compliance with our internal security, risk mitigation and fraud prevention procedures.
- Your requested transfer otherwise violates the provisions of this Agreement, or we otherwise have the right under this Agreement to refuse to process your request.
- Any privacy practices or content of third party referrals or web site links.
- Privacy and Identity Authentication.
- GlobalATM will use and protect your personal information in accordance with our Privacy Policy. That policy is incorporated into this Agreement and is available by clicking on the link or by visiting our home page on our website.
- Notwithstanding the foregoing, you authorize us to make any inquiries we consider necessary to validate your registration and your identity. However, you acknowledge we cannot and do not guarantee any User's identity. You acknowledge that GlobalATM does not rely upon the User's name in every transaction and may rely upon a Password when processing a transaction.
- You also acknowledge that your conversations with GlobalATM customer service agents are monitored or recorded for quality, fraud prevention, security and other related purposes, and consent to such recording.
- GlobalATM retains your records for fraud prevention and security purposes, and to enforce any recourse GlobalATM may have against you under this Agreement, even after your GlobalATM Account is closed. These records are stored securely and used only for their intended purpose, and will be destroyed once GlobalATM determines they are no longer required.
- Trademarks, Copyright and Other Intellectual Property. "GlobalATM" and all related logos, products, services and text, as well as the page headers, custom graphics, button icons and scripts ("look and feel"), on our website either belong or are licensed to GlobalATM. You may not copy, imitate or use any of them, in whole or in part, without our prior written permission, except to view them or to print those documents to which you are entitled (for example, our statements, disclosures and this Agreement) for your own personal, non-commercial use. In addition, all of our page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of ours and may not be copied, imitated, or used, in whole or in part, without our prior written permission.
- Electronic Communications. By registering with GlobalATM and opening a GlobalATM Account, you agree to conduct business with us electronically, via the internet, and to receive all required notices and disclosures in electronic format, including but not limited to e-mail messages to an authorized e-mail address that you have provided us. These e-mail messages may contain the required notice or disclosure or may alert you to the availability of such a notice or disclosure on our website. We also reserve the right to effect delivery of notices or disclosures by posting to our website with no e-mail transmission, to the extent permitted by applicable law. To access any of these notices or disclosures and to receive e-mail messages, all that you need is a valid e-mail address, access to the Internet and any generally available commercially available Web browser, such as Internet Explorer or Netscape Navigator. If at any time you wish to withdraw your consent to receipt of electronic communications, you must notify us at info@GlobalATM.com. We will regard such withdrawal as a termination of your GlobalATM Account with us. You may request paper copies of any electronic notice or disclosure we provide; however, we reserve the right to refuse or to assess a service charge to respond such a request, at our sole discretion and to the extent permitted by applicable law. If at any time you would like to change the e-mail address that you have provided, you may do so when law into your GlobalATM Account online.
- Assignability. You may not transfer any rights or obligations you may have under this Agreement. We reserve the right to transfer or to subcontract any right or obligation under this Agreement at our sole discretion without your consent.
- Severability. If any term or provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or otherwise unenforceable, such term or provision shall not affect this Agreement's other terms or provisions, or the whole of this Agreement, but such term or provision shall be deemed modified to the extent deemed necessary to render such term or provision enforceable, and the rights and obligations of the Parties shall be construed and enforced accordingly, preserving to the fullest permissible extent the intent of the parties and the purposes of this Agreement.
- Arbitration; Governing Law. You and we agree to submit any and all disputes between you and us arising out of or relating to this contract, or the breach, termination or invalidity thereof, shall be resolved by binding arbitration in accordance with the UNCITRAL Arbitration Rules as then in force. The location of any such arbitration shall be exclusively held in Toronto, Ontario, Canada. The arbitration shall be conducted by a single arbitrator, appointed by agreement of the parties, or in the absence thereof by the most senior judge of the local provincial or district court sitting in the district within which Toronto, Ontario, Canada lies, and shall be conducted wholly in the English language. "Us" shall include GlobalATM, our directors, officers, employees, agents and affiliated companies (including but not limited to parent and subsidiaries). This Agreement shall be construed under, and any dispute arising out of or relating to this Agreement shall be governed by, the laws of the Province of Ontario, Canada, without regard to the conflict- or choice-of-law principles thereof. You understand that, in return for your agreement to this Section, GlobalATM is able to offer you the Service at the terms and subject to the fees charged by GlobalATM, and that your assent to this Section is an indispensable consideration to this Agreement. You also acknowledge and understand that, with respect to any dispute with us, arising out of or relating to this Agreement or your use of the Service:
- YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY;
- YOU ARE GIVING UP YOUR RIGHT TO HAVE A COURT RESOLVE ANY SUCH DISPUTE; and
- YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.
I UNDERSTAND AND AGREE TO THE TERMS OF THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO SECTION 10 CONSENTING TO RECEIPT OF ELECTRONIC COMMUNICATIONS AND SECTION 13 CONSENTING TO THE USE OF BINDING ARBITRATION TO RESOLVE ALL DISPUTES BETWEEN US. I ALSO AUTHORIZE GlobalATM AND ITS AGENTS TO ORDER ANY CREDIT, BACKGROUND AND/OR OTHER INFORMATIONAL REPORT, TO VERIFY PERSONAL INFORMATION AND REPRESENTATIONS I HAVE PROVIDED OR MADE, AND TO MAKE ANY OTHER INQUIRIES OF THIRD PARTIES NECESSARY IN GlobalATM'S SOLE JUDGMENT TO ENABLE USE OF THE GlobalATM SERVICE.
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