Last updated: 11 May 2026
1. Introduction
The website at https://aps.exchange/ (“Website”) is owned and operated by ADVANCED PAYMENT SOLUTIONS CANADA INC. (“APS”, “Company”, “we”, “us”, “our”, “We”, “Us” or “Our”), a company incorporated in Canada with its incorporation number BC 1356972, having its registered office at Unit 1, 442 2nd Avenue Fernie BC V0B 1M0 Canada, email contacts@cad.aps.money.
Please carefully read these Website Terms and Conditions (“Terms”) before using the Website. These Terms are a binding agreement that governs the use of the Website or any part of the Website, exempts APS and other persons from liability, specifies the jurisdiction for the resolution of disputes and contains other important provisions.
By accessing or using the Website, you acknowledge and signify that you have read, understand and agree to these Terms. If you do not unconditionally accept these Terms, then you may not use the Website.
2. Your Acceptance of these Terms
By accessing or using the Website or any part of the Website, you accept these Terms and agree to be bound by these Terms. These Terms constitute a legally binding agreement between you ("User", "you", “You”, “your” or “Your”) and the Company. If you do not agree to these Terms, you must not use the Website.
These Website Terms of Use are a binding agreement between you and APS regarding your access to and use of the Website or any part of the Website. For the purposes of these Terms “use of the Website or any part of the Website” means your use of the Website solely for ordinary informational, navigational and non-transactional purposes, including viewing Website content, reading information about APS, reviewing publicly available materials, accessing legal notices and policies, using ordinary website navigation, and submitting general enquiries through contact forms or other publicly available communication features made available on the Website. For clarity, “use of the Website or any part of the Website” does not include, and these Terms do not govern, any on-ramp, off-ramp, exchange, payment, payout, settlement, virtual asset, fiat, account, onboarding, KYC/KYB, order, quote, fee, transaction, refund, merchant, client or other APS service, or any use of an APS account, dashboard, order flow, transaction flow, API, merchant portal or other service-specific interface. Any such service or interface is governed by the applicable service-specific terms or other agreement expressly accepted by you in connection with the relevant service.
Each time you access or use the Website or any part of it, you signify your unconditional acceptance and agreement, without limitation or qualification, to the most current version of these Terms.
In this Agreement, a reference to the Website includes but is not limited to all or part of the Website’s content, source code, object code, software, scripts, APIs, databases, functionality, features, interfaces, text, graphics, images, video, audio, data and other elements available on or through the Website, as well as the design, structure, selection, arrangement, compilation, coordination, expression and look and feel of each element of Website content and the Website as a whole.
These Terms are related to Your Website access and use only. Products and services advertised on or available through the Website are governed by other applicable agreements.
3. Age, Legal Capacity and Your Representations and Warranties
The Website is intended only for persons who have reached the age of majority and have full legal capacity to enter into a binding agreement.
By accessing or using the Website, you represent and warrant that: (a) you are at least the age of majority in your jurisdiction of residence; (b) if you reside in British Columbia, Canada, you are at least 19 years old; and (c) you have the legal capacity and authority to accept and comply with these Terms.
If you are accessing or using the Website on behalf of a company, partnership, organization or other legal entity, you represent and warrant that you have full authority to bind that entity to these Terms, and references to “you” and “your” include both you and that entity.
You must not access or use the Website if you are under the age of majority in your jurisdiction of residence or if you do not have legal capacity to be bound by these Terms.
APS does not knowingly direct the Website to, or collect personal information through the Website from, persons under the age of majority. APS may restrict, suspend or terminate access to the Website if APS reasonably believes that a user does not satisfy the requirements of this section.
You represent and warrant that if you provide information about yourself through the Website, you will provide true, accurate, current, and complete information about yourself, and you will maintain and promptly update the information you have provided to keep it true, accurate, current, and complete.
4. No Advice
THE WEBSITE AND ALL CONTENT, MATERIALS, INFORMATION, DESCRIPTIONS, EXAMPLES, RATES, FEES, LIMITS, TIMELINES, ROUTES, PAYMENT METHODS, DIGITAL ASSET INFORMATION AND OTHER MATERIALS MADE AVAILABLE ON OR THROUGH THE WEBSITE ARE PROVIDED FOR GENERAL INFORMATIONAL PURPOSES ONLY.
NOTHING ON THE WEBSITE CONSTITUTES, OR SHOULD BE CONSTRUED AS, FINANCIAL, INVESTMENT, TRADING, LEGAL, TAX, ACCOUNTING, REGULATORY OR OTHER PROFESSIONAL ADVICE OR RECOMMENDATION, OR AS AN ADVICE OR RECOMMENDATION TO BUY, SELL, EXCHANGE, HOLD, TRANSFER OR OTHERWISE DEAL IN ANY FIAT CURRENCY, VIRTUAL CURRENCY, DIGITAL ASSET, FINANCIAL PRODUCT OR SERVICE.
YOU SHOULD NOT RELY ON ANY WEBSITE CONTENT AS A SUBSTITUTE FOR INDEPENDENT PROFESSIONAL ADVICE. YOU ARE SOLELY RESPONSIBLE FOR OBTAINING SUCH FINANCIAL, LEGAL, TAX, REGULATORY OR OTHER PROFESSIONAL ADVICE AS YOU CONSIDER APPROPRIATE, HAVING REGARD TO YOUR CIRCUMSTANCES AND THE LAWS APPLICABLE TO YOU.
ANY USE OF, OR RELIANCE ON, THE WEBSITE OR ANY WEBSITE CONTENT IS AT YOUR OWN RISK.
5. Changes to These Terms
APS in its sole discretion may change or modify these Terms at any time and from time to time, without any prior notice, by posting the changed Website Terms and Conditions on the Website. The changed Terms are effective immediately on posting on the Website, unless the changed Terms expressly state otherwise. It is your responsibility to check the “Last updated” date at the top of these Terms and review any changes since the previous version. By accessing or using the Website or any part of the Website after these Terms have been changed by Us, you signify your unconditional acceptance and agreement to be bound by the changed Terms. You may not change these Terms in any manner.
6. Permitted and Prohibited Use of the Website
All content on the Website, including but not limited tocontent, source code, object code, software, scripts, APIs, databases, functionality, features, interfaces, text, graphics, images, video, audio, data and other elements available on or through the Website, as well as the design, structure, selection, arrangement, compilation, coordination, expression and look and feel of each element of Website content, are the exclusive property of the Company or its licensors and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
You are granted a limited, non-exclusive, non-transferable, revocable, non-sublicensable license to access and use the Website for your lawful, internal personal use for non-commercial purposes only, only in the manner purposefully made available by the Website and subject to these Terms. Use of the Website for any other purpose or in any other manner is strictly prohibited.
You must not, and must not permit, assist or enable any other person to: (a) use the Website in any manner or for any purpose except as expressly permitted by these Terms; (b) use the Website for any commercial exploitation, resale, redistribution, data aggregation, competitive analysis, service bureau, outsourcing or other purpose that is not expressly permitted by these Terms or by APS in writing; (c) attempt to circumvent the ordinary navigational structure, technical delivery systems or display of the Website or attempt to access or use the Website by any means that is not purposely made available for that purpose by APS; (d) use the Website in a way that interferes with or disrupts the security, integrity, functionality, operation or performance of the Website or any related computer system, network or data; (e) license, sublicense, grant, sell, resell, lend, rent, lease, loan, share, transfer, assign, pledge, copy, reproduce, distribute, imitate, publish, republish, translate, repost, publicly display, publicly perform, transmit, distribute, create any interest in, commercially exploit, or otherwise give or make available or permit access or use of the Website to or for the benefit of any other person, whether as a service bureau or otherwise, and with or without charge; (f) index, crawl, catalogue, mirror, frame, scrape, cache, or otherwise collect or mine data from the Website for any purpose whatsoever, using any technologies, tools or methods (including robots, spiders, crawlers, or other automatic devices, programs or methodologies) whatsoever; (g) alter, violate, circumvent, conceal, modify or remove any notices, proprietary codes or locks, means of identification, digital rights tools or management information, technological protection measures, security or control measures, or agreements on, in or in relation to the Website, remove, obscure, alter or interfere with any copyright notice, trademark notice, proprietary rights notice, watermark, disclaimer, legal notice or other notice displayed on or through the Website; (h) modify, adapt, translate, copy, reproduce, duplicate, distribute, publish, republish, upload, post, transmit, display, perform, license, sublicense, sell, resell, rent, lease, lend, transfer, assign, create derivative works from, commercially exploit or otherwise use the Website, in whole or in part, except as expressly permitted under these Terms; (i) make any derivative use of the Website or any part of the Website, including by creating, developing, training, enhancing, marketing or offering any product, service, database, software, artificial intelligence model, website, platform, interface, application, publication, design, trade dress or other material based on, incorporating, derived from or substantially similar to the Website or any part of the Website; (j) copy, extract, download, scrape, harvest, collect, aggregate, index, cache, mirror, frame, reformat, reproduce or store any Website Content, data, information, materials, prices, rates, fees, limits, routes, availability information, commercial information, user information, account information or other information available on or through the Website for the benefit of any other business, platform, service provider, aggregator, competitor or other third party; (k) download, copy, extract, scrape, harvest, aggregate or otherwise collect any account-related, user-related, transaction-related, commercial, technical or operational information available on or through the Website for the purpose of building, operating, improving, marketing or supporting another business, product, service, platform, website, database, directory, comparison tool, lead generation service, analytics service or similar commercial offering; (l) use any Website Content, account information, pricing information, rate information, fee information, route information, availability information or other information obtained from the Website to compete with APS, to provide services similar to or competing with APS, or to solicit, target, redirect or otherwise approach APS’s users, customers, merchants, partners, service providers or counterparties; (m) reverse engineer, decompile, disassemble, decode, attempt to derive the source code of, or otherwise attempt to access, discover or reproduce any software, code, scripts, APIs, databases, architecture, security features, authentication mechanisms, interfaces, workflows, algorithms or technical systems forming part of, or used in connection with, the Website; (n) frame, mirror, embed, deep-link to, co-brand, pass off, imitate or otherwise present the Website or any Website Content in a manner that suggests an affiliation, sponsorship, endorsement, approval, partnership or other relationship with APS where none exists; (o) use the Website or any Website Content for any unlawful, fraudulent, misleading, deceptive, abusive, harmful, infringing, defamatory or otherwise unauthorized purpose, or in any manner that may damage, disable, overburden, impair, disrupt or interfere with the Website, APS’s systems or any other person’s use of the Website; (p) register, acquire, use, transfer, sell, offer for sale, redirect, configure or otherwise deal with any domain name, sub-domain, URL, social media handle, account name, social media account name or description, application name or other identifier that is identical or confusingly similar to any APS name, trademark, trade name, domain name or brand element, or that is intended or likely to impersonate APS, mislead users, divert traffic from APS, interfere with APS’s rights, or facilitate phishing, fraud, cybersquatting, typosquatting, domain hijacking or any other abusive domain name or online identifier practice; (q) create, operate, publish, host, promote or make available any website, webpage, landing page, application, interface, account, profile or other online property that copies, imitates, clones, mirrors or is confusingly similar to the Website or any part of the Website, APS’s branding, trade dress, layout, design, user interface, domain name or online presence, or that is intended or likely to mislead any person into believing that it is operated, authorised, sponsored, endorsed by or otherwise affiliated with APS.
The trademarks, service marks, and logos (collectively, “Trademarks”) displayed on the Website are the registered, unregistered or common law marks of the Company, its licensors, or other third parties. You are not granted any right or license to use any Trademarks without the prior written permission of the Company or the applicable third-party owner.
All content on the Website is protected by copyright law. Unauthorized use, reproduction, modification, distribution, transmission, republication, display, or performance of the content on the Website is strictly prohibited. You may not use any content from the Website for any public or commercial purpose without the prior written permission of the Company or the appropriate rights holder.
You must not access or use the Website if doing so would violate any applicable sanctions, export control, anti-money laundering, counter-terrorist financing or other applicable law, or if you are located in, ordinarily resident in, organized under the laws of, or acting on behalf of any person located in or subject to comprehensive sanctions or other restrictions applicable to APS.
The license specified in this Section automatically terminates if you violate any provision of these Terms. The license specified in this Section may also be terminated or revoked by APS at any time without cause.
7. Disclaimer
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE, WEBSITE CONTENT AND ANY INFORMATION, MATERIALS, FEATURES, FUNCTIONALITY, TOOLS, FORMS, LINKS, DATA, RATES, FEES, LIMITS, TIMELINES, ROUTES, PAYMENT METHODS, DIGITAL ASSET INFORMATION, THIRD-PARTY CONTENT AND OTHER MATERIALS MADE AVAILABLE ON OR THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS, WITHOUT ANY WARRANTIES, REPRESENTATIONS, CONDITIONS OR UNDERTAKINGS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE.
APS AND ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, SERVICE PROVIDERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, CONDITIONS AND UNDERTAKINGS OF ANY KIND, INCLUDING ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY, AVAILABILITY, SECURITY, COMPATIBILITY, PERFORMANCE, ERROR-FREE OR UNINTERRUPTED OPERATION, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, CUSTOM, USAGE OF TRADE OR OTHERWISE.
WITHOUT LIMITING THE FOREGOING, APS DOES NOT WARRANT, REPRESENT OR UNDERTAKE THAT:
(a) the Website or any part of the Website will be accurate, complete, current, reliable, suitable, available, uninterrupted, secure or error-free;
(b) any defects, errors, omissions, inaccuracies, interruptions or delays will be corrected;
(c) the Website or any part of the Website, servers, systems, emails, files, downloads, links or other materials made available on or through the Website will be free from viruses, malware, malicious code, vulnerabilities, defects or other harmful components;
(d) the Website will be compatible with, or operate on, any particular device, browser, operating system, software, network, infrastructure or jurisdiction;
(e) any rates, quotes, fees, charges, limits, minimums, maximums, supported assets, supported jurisdictions, payment methods, payout methods, routes, processing times, settlement times, availability statements or other commercial information displayed on the Website will be accurate, current, available, binding or applicable to any particular transaction or service;
(f) the Website or any part of the Website will meet your requirements, expectations or intended purpose;
(g) any result, outcome, benefit, saving, profit, loss avoidance, transaction availability, service availability or business opportunity will be achieved from using or relying on the Website or any part of the Website; or
(h) any third-party website, service, platform, network, wallet, bank, card scheme, payment processor, acquirer, blockchain network, digital asset protocol, infrastructure provider, analytics provider or other third party referred to, linked from or accessible through the Website will be available, secure, reliable, lawful, suitable or free from errors, defects, delays, losses or risks.
ANY USE OF, OR RELIANCE ON, THE WEBSITE OR ANY WEBSITE CONTENT IS AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR EVALUATING THE ACCURACY, COMPLETENESS, RELIABILITY AND SUITABILITY OF THE WEBSITE AND WEBSITE CONTENT BEFORE USING OR RELYING ON THEM.
NO ADVICE, INFORMATION, COMMUNICATION OR MATERIAL, WHETHER ORAL OR WRITTEN, OBTAINED FROM APS OR THROUGH THE WEBSITE WILL CREATE ANY WARRANTY, REPRESENTATION, CONDITION OR UNDERTAKING NOT EXPRESSLY SET OUT IN THESE TERMS.
THE DISCLAIMERS IN THIS SECTION APPLY ONLY TO YOUR ACCESS TO AND USE OF THE WEBSITE AND ANY PART OF THE WEBSITE. THEY DO NOT GOVERN ANY ON-RAMP, OFF-RAMP, EXCHANGE, PAYMENT, PAYOUT, SETTLEMENT, VIRTUAL ASSET, FIAT, ACCOUNT, ONBOARDING, KYC/KYB, ORDER, QUOTE, FEE, TRANSACTION, REFUND OR OTHER APS SERVICE, WHICH WILL BE GOVERNED BY THE APPLICABLE SERVICE-SPECIFIC TERMS EXPRESSLY ACCEPTED BY YOU IN CONNECTION WITH THE RELEVANT SERVICE.
NOTHING IN THESE TERMS EXCLUDES OR LIMITS ANY WARRANTY, CONDITION, REPRESENTATION, LIABILITY, RIGHT OR REMEDY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Unless expressly stated otherwise in service-specific terms accepted by you, any rates, quotes, fees, charges, limits, minimums, maximums, supported assets, supported jurisdictions, payment methods, payout methods, routes, processing times, settlement times, availability statements or other commercial information displayed on the Website are provided for general informational purposes only and are indicative only and do not constitute an offer, commitment, representation, warranty or guarantee by APS. They are not binding on APS and do not constitute an offer, solicitation, recommendation, commitment or guarantee by APS unless and until confirmed by APS in the manner designated by APS for the relevant service or transaction.
8. Limitation of Liability
To the fullest extent permitted by applicable law, APS and its affiliates, directors, officers, employees, contractors, agents, service providers and licensors will not be liable for any indirect, incidental, special, consequential, exemplary, punitive or aggravated damages, or for any loss of profits, revenue, business, goodwill, reputation, data, use, opportunity or anticipated savings, arising out of or in connection with your access to or use of, or inability to access or use, the Website or any part of the Website, whether based on contract, tort, negligence, strict liability, statute or any other legal theory, even if APS has been advised of the possibility of such damages.
To the fullest extent permitted by applicable law, APS’s total aggregate liability arising out of or in connection with the Website, any part of the Website or these Terms will not exceed CAD 1,000.
The limitations and exclusions in this section apply only to your access to and use of the Website and any part of the Website. They do not apply to any on-ramp, off-ramp, exchange, payment, payout, settlement, virtual asset, fiat, account, onboarding, KYC/KYB, order, quote, fee, transaction, refund or other APS service, which will be governed by the applicable service-specific terms accepted by you in connection with the relevant service.
Nothing in these Terms excludes or limits any liability that cannot be excluded or limited under applicable law, including liability for fraud, fraudulent misrepresentation, wilful misconduct or any statutory right, remedy or protection that cannot be waived or limited by contract.
9. Indemnity
You will indemnify, defend and hold harmless APS and its affiliates, directors, officers, employees, contractors, agents, service providers, licensors, successors and assigns from and against any and all claims, demands, actions, proceedings, losses, damages, liabilities, penalties, fines, costs and expenses, including reasonable legal fees and expenses, arising out of or in connection with:
(a) your access to or use of the Website or Website Content;
(b) your breach of these Terms or any representation, warranty or obligation given by you under these Terms;
(c) your violation of any applicable law, regulation or third-party right, including any intellectual property, privacy, publicity, confidentiality or contractual right;
(d) your fraud, misrepresentation, negligence, wilful misconduct, unauthorized access, misuse of the Website, scraping, cloning, impersonation, phishing, domain misuse or other prohibited activity; or
(e) any content, information, instruction, request or material submitted, transmitted or made available by you through or in connection with the Website.
APS may, at your expense, assume the exclusive defence and control of any matter subject to indemnification by you. You must cooperate with APS in the defence of any such matter and must not settle any claim without APS’s prior written consent.
10. Links
The Website may include links to external websites or resources operated by third parties (collectively, “Linked Sites“). These links are provided solely as a convenience to you. In no event shall the Linked Sites be deemed to be sites endorsed by APS.
APS has no control over the Linked Sites and makes no representations or warranties as to the correctness, accuracy, fitness for a particular purpose, or quality of the Linked Sites. If you wish to access the Linked Sites, you must do so at your own risk.
Linking to any page of the Website from external websites is strictly prohibited without APS’s express consent.
11. Miscellaneous
Applicable Law and Jurisdiction
These Terms, and your access to and use of the Website, are governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to any conflict of laws rules that would result in the application of the laws of any other jurisdiction.
Subject to any mandatory rights or remedies available to you under applicable law, you irrevocably attorn and submit to the exclusive jurisdiction of the courts of British Columbia in respect of any dispute, claim, action or proceeding arising out of or in connection with these Terms, the Website or any part of the Website.
Interpretation
The division of these Terms into sections are for convenience of reference only and do not affect the interpretation or construction of these Terms.
Unless the context requires otherwise, words importing the singular include the plural and vice versa, and words importing any gender include all genders. References to “including”, “includes” or similar expressions mean “including without limitation”.
Each capitalized term has the meaning given to it in these Terms.
Termination and Suspension
APS may, at any time, with or without cause, with or without notice, and with immediate effect, suspend, restrict, block, disable or terminate your access to or use of all or any part of the Website or part of the Website.
Without limiting the foregoing, APS may do so if APS believes that you have breached these Terms, created or may create legal, regulatory, security, operational, reputational or commercial risk for APS or any other person, misused the Website, infringed APS’s rights, attempted unauthorized access, engaged in fraud, abuse, scraping, impersonation, phishing, cloning, domain misuse or other prohibited activity, or used the Website in any unlawful or unauthorized manner.
APS may also modify, suspend, discontinue, remove or restrict the Website, any part of the Website or any Website functionality at any time, with or without notice, and without liability to you.
Any termination, suspension, restriction or discontinuance under these Terms applies only to your access to and use of the Website and any part of the Website. It does not terminate or otherwise affect any separate service-specific terms, unless expressly provided in those separate terms.
Sections of these Terms which by their nature are intended to survive termination will survive, including provisions relating to intellectual property, restrictions on use, disclaimers, limitation of liability, indemnity, applicable law, jurisdiction, interpretation and any accrued rights or remedies of APS.
Force Majeure
APS will not be liable for any delay, failure, interruption, suspension, restriction or unavailability of the Website or any part of the Website functionality resulting directly or indirectly from any event or circumstance beyond APS’s reasonable control.
Such events may include acts of God, natural disasters, fire, flood, storm, explosion, epidemic, pandemic, war, terrorism, riot, civil disturbance, labour dispute, strike, lockout, power failure, internet or telecommunications failure, cyberattack, denial-of-service attack, failure or delay of any hosting provider, cloud provider, payment infrastructure provider, blockchain network, digital asset protocol, bank, acquirer, processor, card scheme, governmental authority, regulator or other third-party service provider, or any law, regulation, order, sanction, embargo, restriction or act of any public authority.
Severability
If any provision of these Terms is held to be invalid, illegal, void or unenforceable, in whole or in part, by any court or other authority of competent jurisdiction, the relevant provision or part of it will be deemed severed from these Terms. Any such invalidity, illegality, voidness or unenforceability will not affect the validity or enforceability of the remaining provisions of these Terms, which will remain in full force and effect.
No Waiver
No failure, delay or omission by APS in exercising any right, power or remedy under these Terms, at law or in equity, will operate as a waiver of that right, power or remedy.
Any waiver by APS must be made expressly in writing and will apply only to the specific instance and specific purpose for which it is given. No waiver of any breach or default will be deemed to be a waiver of any other breach or default, whether similar or not.
Entire Agreement
These Terms constitute the entire agreement between you and APS with respect to your access to and use of the Website and any part of the Website, and supersede all prior and contemporaneous agreements, understandings, communications and representations, whether oral or written, relating to that subject matter.
You acknowledge and agree that, in accessing or using the Website, you have not relied on, and will have no right or remedy in respect of, any statement, representation, warranty, undertaking, promise, assurance or information, whether oral or written, that is not expressly set out in these Terms.
Nothing in these Terms excludes or limits any liability for fraud, fraudulent misrepresentation, wilful misconduct or any other liability that cannot be excluded or limited under applicable law.
Notices
APS may give notices, communications or updates relating to these Terms or the Website by posting them on the Website or by displaying a notice through the Website.
Any notice from you to APS under these Terms must be sent to APS via email at the contact details made available in these Terms.
A notice given by APS through the Website will be deemed received and communicated when posted or displayed. Any notice sent by you to APS by email will be deemed received, communicated and effective only when actually received by APS at the designated email address, and not merely when sent.
1. Introduction
The website at https://aps.exchange/ (“Website”) is owned and operated by ADVANCED PAYMENT SOLUTIONS CANADA INC. (“APS”, “Company”, “we”, “us”, “our”, “We”, “Us” or “Our”), a company incorporated in Canada with its incorporation number BC 1356972, having its registered office at Unit 1, 442 2nd Avenue Fernie BC V0B 1M0 Canada, email contacts@cad.aps.money.
Please carefully read these Website Terms and Conditions (“Terms”) before using the Website. These Terms are a binding agreement that governs the use of the Website or any part of the Website, exempts APS and other persons from liability, specifies the jurisdiction for the resolution of disputes and contains other important provisions.
By accessing or using the Website, you acknowledge and signify that you have read, understand and agree to these Terms. If you do not unconditionally accept these Terms, then you may not use the Website.
2. Your Acceptance of these Terms
By accessing or using the Website or any part of the Website, you accept these Terms and agree to be bound by these Terms. These Terms constitute a legally binding agreement between you ("User", "you", “You”, “your” or “Your”) and the Company. If you do not agree to these Terms, you must not use the Website.
These Website Terms of Use are a binding agreement between you and APS regarding your access to and use of the Website or any part of the Website. For the purposes of these Terms “use of the Website or any part of the Website” means your use of the Website solely for ordinary informational, navigational and non-transactional purposes, including viewing Website content, reading information about APS, reviewing publicly available materials, accessing legal notices and policies, using ordinary website navigation, and submitting general enquiries through contact forms or other publicly available communication features made available on the Website. For clarity, “use of the Website or any part of the Website” does not include, and these Terms do not govern, any on-ramp, off-ramp, exchange, payment, payout, settlement, virtual asset, fiat, account, onboarding, KYC/KYB, order, quote, fee, transaction, refund, merchant, client or other APS service, or any use of an APS account, dashboard, order flow, transaction flow, API, merchant portal or other service-specific interface. Any such service or interface is governed by the applicable service-specific terms or other agreement expressly accepted by you in connection with the relevant service.
Each time you access or use the Website or any part of it, you signify your unconditional acceptance and agreement, without limitation or qualification, to the most current version of these Terms.
In this Agreement, a reference to the Website includes but is not limited to all or part of the Website’s content, source code, object code, software, scripts, APIs, databases, functionality, features, interfaces, text, graphics, images, video, audio, data and other elements available on or through the Website, as well as the design, structure, selection, arrangement, compilation, coordination, expression and look and feel of each element of Website content and the Website as a whole.
These Terms are related to Your Website access and use only. Products and services advertised on or available through the Website are governed by other applicable agreements.
3. Age, Legal Capacity and Your Representations and Warranties
The Website is intended only for persons who have reached the age of majority and have full legal capacity to enter into a binding agreement.
By accessing or using the Website, you represent and warrant that: (a) you are at least the age of majority in your jurisdiction of residence; (b) if you reside in British Columbia, Canada, you are at least 19 years old; and (c) you have the legal capacity and authority to accept and comply with these Terms.
If you are accessing or using the Website on behalf of a company, partnership, organization or other legal entity, you represent and warrant that you have full authority to bind that entity to these Terms, and references to “you” and “your” include both you and that entity.
You must not access or use the Website if you are under the age of majority in your jurisdiction of residence or if you do not have legal capacity to be bound by these Terms.
APS does not knowingly direct the Website to, or collect personal information through the Website from, persons under the age of majority. APS may restrict, suspend or terminate access to the Website if APS reasonably believes that a user does not satisfy the requirements of this section.
You represent and warrant that if you provide information about yourself through the Website, you will provide true, accurate, current, and complete information about yourself, and you will maintain and promptly update the information you have provided to keep it true, accurate, current, and complete.
4. No Advice
THE WEBSITE AND ALL CONTENT, MATERIALS, INFORMATION, DESCRIPTIONS, EXAMPLES, RATES, FEES, LIMITS, TIMELINES, ROUTES, PAYMENT METHODS, DIGITAL ASSET INFORMATION AND OTHER MATERIALS MADE AVAILABLE ON OR THROUGH THE WEBSITE ARE PROVIDED FOR GENERAL INFORMATIONAL PURPOSES ONLY.
NOTHING ON THE WEBSITE CONSTITUTES, OR SHOULD BE CONSTRUED AS, FINANCIAL, INVESTMENT, TRADING, LEGAL, TAX, ACCOUNTING, REGULATORY OR OTHER PROFESSIONAL ADVICE OR RECOMMENDATION, OR AS AN ADVICE OR RECOMMENDATION TO BUY, SELL, EXCHANGE, HOLD, TRANSFER OR OTHERWISE DEAL IN ANY FIAT CURRENCY, VIRTUAL CURRENCY, DIGITAL ASSET, FINANCIAL PRODUCT OR SERVICE.
YOU SHOULD NOT RELY ON ANY WEBSITE CONTENT AS A SUBSTITUTE FOR INDEPENDENT PROFESSIONAL ADVICE. YOU ARE SOLELY RESPONSIBLE FOR OBTAINING SUCH FINANCIAL, LEGAL, TAX, REGULATORY OR OTHER PROFESSIONAL ADVICE AS YOU CONSIDER APPROPRIATE, HAVING REGARD TO YOUR CIRCUMSTANCES AND THE LAWS APPLICABLE TO YOU.
ANY USE OF, OR RELIANCE ON, THE WEBSITE OR ANY WEBSITE CONTENT IS AT YOUR OWN RISK.
5. Changes to These Terms
APS in its sole discretion may change or modify these Terms at any time and from time to time, without any prior notice, by posting the changed Website Terms and Conditions on the Website. The changed Terms are effective immediately on posting on the Website, unless the changed Terms expressly state otherwise. It is your responsibility to check the “Last updated” date at the top of these Terms and review any changes since the previous version. By accessing or using the Website or any part of the Website after these Terms have been changed by Us, you signify your unconditional acceptance and agreement to be bound by the changed Terms. You may not change these Terms in any manner.
6. Permitted and Prohibited Use of the Website
All content on the Website, including but not limited tocontent, source code, object code, software, scripts, APIs, databases, functionality, features, interfaces, text, graphics, images, video, audio, data and other elements available on or through the Website, as well as the design, structure, selection, arrangement, compilation, coordination, expression and look and feel of each element of Website content, are the exclusive property of the Company or its licensors and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
You are granted a limited, non-exclusive, non-transferable, revocable, non-sublicensable license to access and use the Website for your lawful, internal personal use for non-commercial purposes only, only in the manner purposefully made available by the Website and subject to these Terms. Use of the Website for any other purpose or in any other manner is strictly prohibited.
You must not, and must not permit, assist or enable any other person to: (a) use the Website in any manner or for any purpose except as expressly permitted by these Terms; (b) use the Website for any commercial exploitation, resale, redistribution, data aggregation, competitive analysis, service bureau, outsourcing or other purpose that is not expressly permitted by these Terms or by APS in writing; (c) attempt to circumvent the ordinary navigational structure, technical delivery systems or display of the Website or attempt to access or use the Website by any means that is not purposely made available for that purpose by APS; (d) use the Website in a way that interferes with or disrupts the security, integrity, functionality, operation or performance of the Website or any related computer system, network or data; (e) license, sublicense, grant, sell, resell, lend, rent, lease, loan, share, transfer, assign, pledge, copy, reproduce, distribute, imitate, publish, republish, translate, repost, publicly display, publicly perform, transmit, distribute, create any interest in, commercially exploit, or otherwise give or make available or permit access or use of the Website to or for the benefit of any other person, whether as a service bureau or otherwise, and with or without charge; (f) index, crawl, catalogue, mirror, frame, scrape, cache, or otherwise collect or mine data from the Website for any purpose whatsoever, using any technologies, tools or methods (including robots, spiders, crawlers, or other automatic devices, programs or methodologies) whatsoever; (g) alter, violate, circumvent, conceal, modify or remove any notices, proprietary codes or locks, means of identification, digital rights tools or management information, technological protection measures, security or control measures, or agreements on, in or in relation to the Website, remove, obscure, alter or interfere with any copyright notice, trademark notice, proprietary rights notice, watermark, disclaimer, legal notice or other notice displayed on or through the Website; (h) modify, adapt, translate, copy, reproduce, duplicate, distribute, publish, republish, upload, post, transmit, display, perform, license, sublicense, sell, resell, rent, lease, lend, transfer, assign, create derivative works from, commercially exploit or otherwise use the Website, in whole or in part, except as expressly permitted under these Terms; (i) make any derivative use of the Website or any part of the Website, including by creating, developing, training, enhancing, marketing or offering any product, service, database, software, artificial intelligence model, website, platform, interface, application, publication, design, trade dress or other material based on, incorporating, derived from or substantially similar to the Website or any part of the Website; (j) copy, extract, download, scrape, harvest, collect, aggregate, index, cache, mirror, frame, reformat, reproduce or store any Website Content, data, information, materials, prices, rates, fees, limits, routes, availability information, commercial information, user information, account information or other information available on or through the Website for the benefit of any other business, platform, service provider, aggregator, competitor or other third party; (k) download, copy, extract, scrape, harvest, aggregate or otherwise collect any account-related, user-related, transaction-related, commercial, technical or operational information available on or through the Website for the purpose of building, operating, improving, marketing or supporting another business, product, service, platform, website, database, directory, comparison tool, lead generation service, analytics service or similar commercial offering; (l) use any Website Content, account information, pricing information, rate information, fee information, route information, availability information or other information obtained from the Website to compete with APS, to provide services similar to or competing with APS, or to solicit, target, redirect or otherwise approach APS’s users, customers, merchants, partners, service providers or counterparties; (m) reverse engineer, decompile, disassemble, decode, attempt to derive the source code of, or otherwise attempt to access, discover or reproduce any software, code, scripts, APIs, databases, architecture, security features, authentication mechanisms, interfaces, workflows, algorithms or technical systems forming part of, or used in connection with, the Website; (n) frame, mirror, embed, deep-link to, co-brand, pass off, imitate or otherwise present the Website or any Website Content in a manner that suggests an affiliation, sponsorship, endorsement, approval, partnership or other relationship with APS where none exists; (o) use the Website or any Website Content for any unlawful, fraudulent, misleading, deceptive, abusive, harmful, infringing, defamatory or otherwise unauthorized purpose, or in any manner that may damage, disable, overburden, impair, disrupt or interfere with the Website, APS’s systems or any other person’s use of the Website; (p) register, acquire, use, transfer, sell, offer for sale, redirect, configure or otherwise deal with any domain name, sub-domain, URL, social media handle, account name, social media account name or description, application name or other identifier that is identical or confusingly similar to any APS name, trademark, trade name, domain name or brand element, or that is intended or likely to impersonate APS, mislead users, divert traffic from APS, interfere with APS’s rights, or facilitate phishing, fraud, cybersquatting, typosquatting, domain hijacking or any other abusive domain name or online identifier practice; (q) create, operate, publish, host, promote or make available any website, webpage, landing page, application, interface, account, profile or other online property that copies, imitates, clones, mirrors or is confusingly similar to the Website or any part of the Website, APS’s branding, trade dress, layout, design, user interface, domain name or online presence, or that is intended or likely to mislead any person into believing that it is operated, authorised, sponsored, endorsed by or otherwise affiliated with APS.
The trademarks, service marks, and logos (collectively, “Trademarks”) displayed on the Website are the registered, unregistered or common law marks of the Company, its licensors, or other third parties. You are not granted any right or license to use any Trademarks without the prior written permission of the Company or the applicable third-party owner.
All content on the Website is protected by copyright law. Unauthorized use, reproduction, modification, distribution, transmission, republication, display, or performance of the content on the Website is strictly prohibited. You may not use any content from the Website for any public or commercial purpose without the prior written permission of the Company or the appropriate rights holder.
You must not access or use the Website if doing so would violate any applicable sanctions, export control, anti-money laundering, counter-terrorist financing or other applicable law, or if you are located in, ordinarily resident in, organized under the laws of, or acting on behalf of any person located in or subject to comprehensive sanctions or other restrictions applicable to APS.
The license specified in this Section automatically terminates if you violate any provision of these Terms. The license specified in this Section may also be terminated or revoked by APS at any time without cause.
7. Disclaimer
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE, WEBSITE CONTENT AND ANY INFORMATION, MATERIALS, FEATURES, FUNCTIONALITY, TOOLS, FORMS, LINKS, DATA, RATES, FEES, LIMITS, TIMELINES, ROUTES, PAYMENT METHODS, DIGITAL ASSET INFORMATION, THIRD-PARTY CONTENT AND OTHER MATERIALS MADE AVAILABLE ON OR THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS, WITHOUT ANY WARRANTIES, REPRESENTATIONS, CONDITIONS OR UNDERTAKINGS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE.
APS AND ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, SERVICE PROVIDERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, CONDITIONS AND UNDERTAKINGS OF ANY KIND, INCLUDING ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY, AVAILABILITY, SECURITY, COMPATIBILITY, PERFORMANCE, ERROR-FREE OR UNINTERRUPTED OPERATION, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, CUSTOM, USAGE OF TRADE OR OTHERWISE.
WITHOUT LIMITING THE FOREGOING, APS DOES NOT WARRANT, REPRESENT OR UNDERTAKE THAT:
(a) the Website or any part of the Website will be accurate, complete, current, reliable, suitable, available, uninterrupted, secure or error-free;
(b) any defects, errors, omissions, inaccuracies, interruptions or delays will be corrected;
(c) the Website or any part of the Website, servers, systems, emails, files, downloads, links or other materials made available on or through the Website will be free from viruses, malware, malicious code, vulnerabilities, defects or other harmful components;
(d) the Website will be compatible with, or operate on, any particular device, browser, operating system, software, network, infrastructure or jurisdiction;
(e) any rates, quotes, fees, charges, limits, minimums, maximums, supported assets, supported jurisdictions, payment methods, payout methods, routes, processing times, settlement times, availability statements or other commercial information displayed on the Website will be accurate, current, available, binding or applicable to any particular transaction or service;
(f) the Website or any part of the Website will meet your requirements, expectations or intended purpose;
(g) any result, outcome, benefit, saving, profit, loss avoidance, transaction availability, service availability or business opportunity will be achieved from using or relying on the Website or any part of the Website; or
(h) any third-party website, service, platform, network, wallet, bank, card scheme, payment processor, acquirer, blockchain network, digital asset protocol, infrastructure provider, analytics provider or other third party referred to, linked from or accessible through the Website will be available, secure, reliable, lawful, suitable or free from errors, defects, delays, losses or risks.
ANY USE OF, OR RELIANCE ON, THE WEBSITE OR ANY WEBSITE CONTENT IS AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR EVALUATING THE ACCURACY, COMPLETENESS, RELIABILITY AND SUITABILITY OF THE WEBSITE AND WEBSITE CONTENT BEFORE USING OR RELYING ON THEM.
NO ADVICE, INFORMATION, COMMUNICATION OR MATERIAL, WHETHER ORAL OR WRITTEN, OBTAINED FROM APS OR THROUGH THE WEBSITE WILL CREATE ANY WARRANTY, REPRESENTATION, CONDITION OR UNDERTAKING NOT EXPRESSLY SET OUT IN THESE TERMS.
THE DISCLAIMERS IN THIS SECTION APPLY ONLY TO YOUR ACCESS TO AND USE OF THE WEBSITE AND ANY PART OF THE WEBSITE. THEY DO NOT GOVERN ANY ON-RAMP, OFF-RAMP, EXCHANGE, PAYMENT, PAYOUT, SETTLEMENT, VIRTUAL ASSET, FIAT, ACCOUNT, ONBOARDING, KYC/KYB, ORDER, QUOTE, FEE, TRANSACTION, REFUND OR OTHER APS SERVICE, WHICH WILL BE GOVERNED BY THE APPLICABLE SERVICE-SPECIFIC TERMS EXPRESSLY ACCEPTED BY YOU IN CONNECTION WITH THE RELEVANT SERVICE.
NOTHING IN THESE TERMS EXCLUDES OR LIMITS ANY WARRANTY, CONDITION, REPRESENTATION, LIABILITY, RIGHT OR REMEDY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Unless expressly stated otherwise in service-specific terms accepted by you, any rates, quotes, fees, charges, limits, minimums, maximums, supported assets, supported jurisdictions, payment methods, payout methods, routes, processing times, settlement times, availability statements or other commercial information displayed on the Website are provided for general informational purposes only and are indicative only and do not constitute an offer, commitment, representation, warranty or guarantee by APS. They are not binding on APS and do not constitute an offer, solicitation, recommendation, commitment or guarantee by APS unless and until confirmed by APS in the manner designated by APS for the relevant service or transaction.
8. Limitation of Liability
To the fullest extent permitted by applicable law, APS and its affiliates, directors, officers, employees, contractors, agents, service providers and licensors will not be liable for any indirect, incidental, special, consequential, exemplary, punitive or aggravated damages, or for any loss of profits, revenue, business, goodwill, reputation, data, use, opportunity or anticipated savings, arising out of or in connection with your access to or use of, or inability to access or use, the Website or any part of the Website, whether based on contract, tort, negligence, strict liability, statute or any other legal theory, even if APS has been advised of the possibility of such damages.
To the fullest extent permitted by applicable law, APS’s total aggregate liability arising out of or in connection with the Website, any part of the Website or these Terms will not exceed CAD 1,000.
The limitations and exclusions in this section apply only to your access to and use of the Website and any part of the Website. They do not apply to any on-ramp, off-ramp, exchange, payment, payout, settlement, virtual asset, fiat, account, onboarding, KYC/KYB, order, quote, fee, transaction, refund or other APS service, which will be governed by the applicable service-specific terms accepted by you in connection with the relevant service.
Nothing in these Terms excludes or limits any liability that cannot be excluded or limited under applicable law, including liability for fraud, fraudulent misrepresentation, wilful misconduct or any statutory right, remedy or protection that cannot be waived or limited by contract.
9. Indemnity
You will indemnify, defend and hold harmless APS and its affiliates, directors, officers, employees, contractors, agents, service providers, licensors, successors and assigns from and against any and all claims, demands, actions, proceedings, losses, damages, liabilities, penalties, fines, costs and expenses, including reasonable legal fees and expenses, arising out of or in connection with:
(a) your access to or use of the Website or Website Content;
(b) your breach of these Terms or any representation, warranty or obligation given by you under these Terms;
(c) your violation of any applicable law, regulation or third-party right, including any intellectual property, privacy, publicity, confidentiality or contractual right;
(d) your fraud, misrepresentation, negligence, wilful misconduct, unauthorized access, misuse of the Website, scraping, cloning, impersonation, phishing, domain misuse or other prohibited activity; or
(e) any content, information, instruction, request or material submitted, transmitted or made available by you through or in connection with the Website.
APS may, at your expense, assume the exclusive defence and control of any matter subject to indemnification by you. You must cooperate with APS in the defence of any such matter and must not settle any claim without APS’s prior written consent.
10. Links
The Website may include links to external websites or resources operated by third parties (collectively, “Linked Sites“). These links are provided solely as a convenience to you. In no event shall the Linked Sites be deemed to be sites endorsed by APS.
APS has no control over the Linked Sites and makes no representations or warranties as to the correctness, accuracy, fitness for a particular purpose, or quality of the Linked Sites. If you wish to access the Linked Sites, you must do so at your own risk.
Linking to any page of the Website from external websites is strictly prohibited without APS’s express consent.
11. Miscellaneous
Applicable Law and Jurisdiction
These Terms, and your access to and use of the Website, are governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to any conflict of laws rules that would result in the application of the laws of any other jurisdiction.
Subject to any mandatory rights or remedies available to you under applicable law, you irrevocably attorn and submit to the exclusive jurisdiction of the courts of British Columbia in respect of any dispute, claim, action or proceeding arising out of or in connection with these Terms, the Website or any part of the Website.
Interpretation
The division of these Terms into sections are for convenience of reference only and do not affect the interpretation or construction of these Terms.
Unless the context requires otherwise, words importing the singular include the plural and vice versa, and words importing any gender include all genders. References to “including”, “includes” or similar expressions mean “including without limitation”.
Each capitalized term has the meaning given to it in these Terms.
Termination and Suspension
APS may, at any time, with or without cause, with or without notice, and with immediate effect, suspend, restrict, block, disable or terminate your access to or use of all or any part of the Website or part of the Website.
Without limiting the foregoing, APS may do so if APS believes that you have breached these Terms, created or may create legal, regulatory, security, operational, reputational or commercial risk for APS or any other person, misused the Website, infringed APS’s rights, attempted unauthorized access, engaged in fraud, abuse, scraping, impersonation, phishing, cloning, domain misuse or other prohibited activity, or used the Website in any unlawful or unauthorized manner.
APS may also modify, suspend, discontinue, remove or restrict the Website, any part of the Website or any Website functionality at any time, with or without notice, and without liability to you.
Any termination, suspension, restriction or discontinuance under these Terms applies only to your access to and use of the Website and any part of the Website. It does not terminate or otherwise affect any separate service-specific terms, unless expressly provided in those separate terms.
Sections of these Terms which by their nature are intended to survive termination will survive, including provisions relating to intellectual property, restrictions on use, disclaimers, limitation of liability, indemnity, applicable law, jurisdiction, interpretation and any accrued rights or remedies of APS.
Force Majeure
APS will not be liable for any delay, failure, interruption, suspension, restriction or unavailability of the Website or any part of the Website functionality resulting directly or indirectly from any event or circumstance beyond APS’s reasonable control.
Such events may include acts of God, natural disasters, fire, flood, storm, explosion, epidemic, pandemic, war, terrorism, riot, civil disturbance, labour dispute, strike, lockout, power failure, internet or telecommunications failure, cyberattack, denial-of-service attack, failure or delay of any hosting provider, cloud provider, payment infrastructure provider, blockchain network, digital asset protocol, bank, acquirer, processor, card scheme, governmental authority, regulator or other third-party service provider, or any law, regulation, order, sanction, embargo, restriction or act of any public authority.
Severability
If any provision of these Terms is held to be invalid, illegal, void or unenforceable, in whole or in part, by any court or other authority of competent jurisdiction, the relevant provision or part of it will be deemed severed from these Terms. Any such invalidity, illegality, voidness or unenforceability will not affect the validity or enforceability of the remaining provisions of these Terms, which will remain in full force and effect.
No Waiver
No failure, delay or omission by APS in exercising any right, power or remedy under these Terms, at law or in equity, will operate as a waiver of that right, power or remedy.
Any waiver by APS must be made expressly in writing and will apply only to the specific instance and specific purpose for which it is given. No waiver of any breach or default will be deemed to be a waiver of any other breach or default, whether similar or not.
Entire Agreement
These Terms constitute the entire agreement between you and APS with respect to your access to and use of the Website and any part of the Website, and supersede all prior and contemporaneous agreements, understandings, communications and representations, whether oral or written, relating to that subject matter.
You acknowledge and agree that, in accessing or using the Website, you have not relied on, and will have no right or remedy in respect of, any statement, representation, warranty, undertaking, promise, assurance or information, whether oral or written, that is not expressly set out in these Terms.
Nothing in these Terms excludes or limits any liability for fraud, fraudulent misrepresentation, wilful misconduct or any other liability that cannot be excluded or limited under applicable law.
Notices
APS may give notices, communications or updates relating to these Terms or the Website by posting them on the Website or by displaying a notice through the Website.
Any notice from you to APS under these Terms must be sent to APS via email at the contact details made available in these Terms.
A notice given by APS through the Website will be deemed received and communicated when posted or displayed. Any notice sent by you to APS by email will be deemed received, communicated and effective only when actually received by APS at the designated email address, and not merely when sent.
11. APS Fees
11.1. Your use of the APS Services will usually require payment of APS Fees.
11.2. APS Fees are made clear to You at the point of Order confirmation, and on this point, You will be asked to confirm that You are clear about the APS Fees and that in proceeding You agree to the APS Fees prior to APS processes the Transaction.
11.3. APS reserves the right to pursue any financial losses suffered due to You filing a chargeback procedure with Your bank. These can include administration fees levied by the card acquirer and card schemes as well as the monetary value of the Virtual Currency(ies).
12. Indemnification
You agree to indemnify APS, its affiliated and related entities, and any of its officers, directors, employees and agents from and against any claims, costs, losses, liabilities, damages, expenses and judgments of any and every kind (including, without limitation, costs, expenses, and reasonable attorneys’ fees) arising out of, relating to, or incurred in connection with any claim, complaint, action, audit, investigation, inquiry, or other proceeding instituted by a person or entity that arises or relates to any actual or alleged breach of your representations, warranties, or obligations set forth in these Terms.
13. Warranties and Representations
13.1. By agreeing to these Terms, You represent, warrant, and undertake to Us that:
(a) You have full power and authority to enter into this Agreement;
(b) You will fulfill Your obligations under these Terms;
(c) You will only use the APS Services in a legal way that is in line with the letter and spirit of these Terms;
(d) You will not sell, transfer, or otherwise provide a third party with access to Your APS Account or the APS services without Our express written permission;
(e) You understand and acknowledge that We do not warrant that any of the APS Services available through Your APS Account are suitable or appropriate for Your needs and that You must take Your own independent legal and other advice on such APS Services;
(f) You are entering into this Agreement as principal and not on behalf of any third party;
(g) You will not violate any applicable laws by entering into this Agreement or receiving the APS Services provided under it;
(h) You will not provide false, misleading or inaccurate information;
(i) You will not facilitate any viruses, malware, worms, trojan horses or some other computer programming routines that may damage, corrupt, disrupt, misuse or gain unauthorized access to any data, system information or APS Services;
(j) any Fiat Currency and/or Virtual Currency(ies) transferred to any account and/or E-Wallet and/or any other online platform and/or online and/or bank account have been acquired lawfully;
(k) You will not use an anonymizing proxy; use any, other automatic devices, spider or manual process to copy or monitor APS Website without Our prior written permission;
(l) You will not harass and/or threaten Our employees, agents, or other Users;
(m) You understand and acknowledge that while We make reasonable endeavours to ensure the accuracy of the information that We provide, and which in turn, is provided to You, neither We nor any of Our directors, employees or agents make any representation or warranty, express or implied, as to the accuracy or completeness of such information;
(n) any information provided by You to APS under this Agreement is true, complete, accurate, up to date and not misleading, and
(o) You shall provide all assistance reasonably requested by APS to enable APS to comply with its obligations under this Agreement.
13.2. Except as otherwise set forth in this Agreement, We provide APS Services on an “as is” and “as available” basis, and Your use of the APS Services is at Your own risk. To the maximum extent permitted by applicable law, We provide the APS Services without warranties of any kind, whether express or implied (including, without limitation, warranties of merchantability, fitness for a particular purpose, or non-infringement). Without limiting the foregoing, We do not warrant that the APS Services (and APS Website, or APS Account): will operate error-free or that defects or errors will be corrected; will meet Your requirements or will be available, uninterrupted or secure at any particular time or location; are free from viruses or other harmful content. We do not endorse, warrant, guarantee or assume responsibility for any product or service offered or advertised by a third party through the APS Services or through the APS Website, and We will not be a party to nor monitor any interactions between You and third-party providers of products or services.
13.3. APS makes no representation or warranty that the APS Services are applicable or appropriate for use by the Users in all jurisdictions and it is Your responsibility to ensure compliance with the laws of any relevant jurisdiction of Your residence.
14. Limitation of Liability
Except as otherwise set forth in this Agreement, in no event will We be liable for any indirect, special, incidental, consequential, exemplary or punitive damages or any loss, theft, disappearance, or damages for lost profits, lost revenues, lost data or other intangible losses that result from the use of, inability to use, or unavailability of the APS Services, regardless of the form of action and whether or not We knew that such damage may have been incurred. For Users contracting with APS while this limitation of liability disclaims lost profits and other indirect damages, APS does not otherwise exclude its liability for its gross negligence or willful misconduct.
In no event will We be liable for any damage, loss or injury resulting from hacking, tampering, virus transmission or other unauthorized access or use of the APS Services, Your APS Account, or any information contained therein.
In no event will Our liability for any damages arising in connection with the APS Services or these Terms exceed the APS Fees earned by Us in connection with Your use of the APS Services during the 6 (six) month period immediately preceding the event giving rise to the claim for liability. The foregoing limitations of liability shall apply to the fullest extent permitted by applicable law.
15. Tax
Users are solely responsible for declaring, charging, and remitting taxes in their jurisdiction. APS will comply with any valid process, subpoena, production order or similar from taxation authorities including disclosing account transaction history and settlement history.
16. Assignment
You may not transfer or assign Your APS Account or obligations to these Terms, or any rights granted by these Terms. You agree and acknowledge that We may assign or transfer these Terms.
17. Severability
Should any provision of the Terms be determined to be invalid or unenforceable under any law, regulation, or court order, such determination will not affect the validity or enforceability of any other provision of the Terms.
18. Waivers
A party’s failure to assert any right or provision in the Terms shall not constitute a waiver of such right or provision, and no waiver of any term shall be deemed a further or continuing waiver of such or other term.
19. Governing Law
Primarily the governing law of the Agreement and the APS Services is the laws of British Columbia, Canada.
20. Updates
We may update our Terms at any time. Where possible We will endeavor to notify You of updates to this Agreement in writing to the contact designated by You or via Your APS Account. Updates to these Terms may be made at any time, with or without notice to You, and You acknowledge this and accept responsibility for checking these Terms on a regular and ongoing basis.
21. Force Majeure
Neither party will be liable for delays in processing or other non-performance caused by such events as fires, telecommunications, utility, or power failures, equipment failures, labor strife, riots, war, non-performance of our vendors or suppliers, acts of God, pandemics, or other causes over which the respective party has no reasonable control; provided that the party has procedures reasonably suited to avoid the effects of such acts.
22. Notices
22.1. All notices and communication pursuant or in connection with this Agreement:
(a) must be in writing and in English; and
(b) must be delivered and/or sent to APS to 490-4 Bow Valley Square 3 255 5 Ave SW Calgary AB T2P 3G6 and payments@cad.aps.money; and
(c) will be delivered or sent to You at the postal address or email address that You have notified or provided to Us in connection with this Agreement.
22.2. The parties acknowledge that any notice or other communication will be deemed to be given as follows:
(a) If delivered, at the time and on the date of delivery if delivered during a Business Day, or at the start of the next Business Day if delivered at any other time;
(b) If sent by post to and from a place within Canada, at the start of the second Business Day after it was put in the post;
(c) If sent by post to or from a place outside Canada, at the start of the fifth Business Day after it was put in the post; or
(d) If sent by email, at the time and on the date of transmission if transmitted during normal office hours (09:00-17:30) on a Business Day (local time at the place of receipt) and, in any other case, at the start of the Business Day following the date of transmission.
22.3. This clause will not apply to the service of any proceedings or other documents in any legal action by the parties. APS will not accept service of proceedings or any legal action by way of email by you or any third party.
22.4. We may (where allowed to do so by law) communicate with You by posting information in Your APS Account or on the APS Website, in which case the information will be treated as received by You when it is posted by Us.
22.5. The User has the right to file a complaint via APS Account or email or instant message. APS is bound by the following when a complaint is received:
(a) Acknowledging the complaint, in writing, within 10 days of receipt from the User;
(b) Providing a final response to the User within 30 days of the receipt of the complaint; and
(c) Providing a path for the User to escalate the complaint if necessary.
11.1. Your use of the APS Services will usually require payment of APS Fees.
11.2. APS Fees are made clear to You at the point of Order confirmation, and on this point, You will be asked to confirm that You are clear about the APS Fees and that in proceeding You agree to the APS Fees prior to APS processes the Transaction.
11.3. APS reserves the right to pursue any financial losses suffered due to You filing a chargeback procedure with Your bank. These can include administration fees levied by the card acquirer and card schemes as well as the monetary value of the Virtual Currency(ies).
12. Indemnification
You agree to indemnify APS, its affiliated and related entities, and any of its officers, directors, employees and agents from and against any claims, costs, losses, liabilities, damages, expenses and judgments of any and every kind (including, without limitation, costs, expenses, and reasonable attorneys’ fees) arising out of, relating to, or incurred in connection with any claim, complaint, action, audit, investigation, inquiry, or other proceeding instituted by a person or entity that arises or relates to any actual or alleged breach of your representations, warranties, or obligations set forth in these Terms.
13. Warranties and Representations
13.1. By agreeing to these Terms, You represent, warrant, and undertake to Us that:
(a) You have full power and authority to enter into this Agreement;
(b) You will fulfill Your obligations under these Terms;
(c) You will only use the APS Services in a legal way that is in line with the letter and spirit of these Terms;
(d) You will not sell, transfer, or otherwise provide a third party with access to Your APS Account or the APS services without Our express written permission;
(e) You understand and acknowledge that We do not warrant that any of the APS Services available through Your APS Account are suitable or appropriate for Your needs and that You must take Your own independent legal and other advice on such APS Services;
(f) You are entering into this Agreement as principal and not on behalf of any third party;
(g) You will not violate any applicable laws by entering into this Agreement or receiving the APS Services provided under it;
(h) You will not provide false, misleading or inaccurate information;
(i) You will not facilitate any viruses, malware, worms, trojan horses or some other computer programming routines that may damage, corrupt, disrupt, misuse or gain unauthorized access to any data, system information or APS Services;
(j) any Fiat Currency and/or Virtual Currency(ies) transferred to any account and/or E-Wallet and/or any other online platform and/or online and/or bank account have been acquired lawfully;
(k) You will not use an anonymizing proxy; use any, other automatic devices, spider or manual process to copy or monitor APS Website without Our prior written permission;
(l) You will not harass and/or threaten Our employees, agents, or other Users;
(m) You understand and acknowledge that while We make reasonable endeavours to ensure the accuracy of the information that We provide, and which in turn, is provided to You, neither We nor any of Our directors, employees or agents make any representation or warranty, express or implied, as to the accuracy or completeness of such information;
(n) any information provided by You to APS under this Agreement is true, complete, accurate, up to date and not misleading, and
(o) You shall provide all assistance reasonably requested by APS to enable APS to comply with its obligations under this Agreement.
13.2. Except as otherwise set forth in this Agreement, We provide APS Services on an “as is” and “as available” basis, and Your use of the APS Services is at Your own risk. To the maximum extent permitted by applicable law, We provide the APS Services without warranties of any kind, whether express or implied (including, without limitation, warranties of merchantability, fitness for a particular purpose, or non-infringement). Without limiting the foregoing, We do not warrant that the APS Services (and APS Website, or APS Account): will operate error-free or that defects or errors will be corrected; will meet Your requirements or will be available, uninterrupted or secure at any particular time or location; are free from viruses or other harmful content. We do not endorse, warrant, guarantee or assume responsibility for any product or service offered or advertised by a third party through the APS Services or through the APS Website, and We will not be a party to nor monitor any interactions between You and third-party providers of products or services.
13.3. APS makes no representation or warranty that the APS Services are applicable or appropriate for use by the Users in all jurisdictions and it is Your responsibility to ensure compliance with the laws of any relevant jurisdiction of Your residence.
14. Limitation of Liability
Except as otherwise set forth in this Agreement, in no event will We be liable for any indirect, special, incidental, consequential, exemplary or punitive damages or any loss, theft, disappearance, or damages for lost profits, lost revenues, lost data or other intangible losses that result from the use of, inability to use, or unavailability of the APS Services, regardless of the form of action and whether or not We knew that such damage may have been incurred. For Users contracting with APS while this limitation of liability disclaims lost profits and other indirect damages, APS does not otherwise exclude its liability for its gross negligence or willful misconduct.
In no event will We be liable for any damage, loss or injury resulting from hacking, tampering, virus transmission or other unauthorized access or use of the APS Services, Your APS Account, or any information contained therein.
In no event will Our liability for any damages arising in connection with the APS Services or these Terms exceed the APS Fees earned by Us in connection with Your use of the APS Services during the 6 (six) month period immediately preceding the event giving rise to the claim for liability. The foregoing limitations of liability shall apply to the fullest extent permitted by applicable law.
15. Tax
Users are solely responsible for declaring, charging, and remitting taxes in their jurisdiction. APS will comply with any valid process, subpoena, production order or similar from taxation authorities including disclosing account transaction history and settlement history.
16. Assignment
You may not transfer or assign Your APS Account or obligations to these Terms, or any rights granted by these Terms. You agree and acknowledge that We may assign or transfer these Terms.
17. Severability
Should any provision of the Terms be determined to be invalid or unenforceable under any law, regulation, or court order, such determination will not affect the validity or enforceability of any other provision of the Terms.
18. Waivers
A party’s failure to assert any right or provision in the Terms shall not constitute a waiver of such right or provision, and no waiver of any term shall be deemed a further or continuing waiver of such or other term.
19. Governing Law
Primarily the governing law of the Agreement and the APS Services is the laws of British Columbia, Canada.
20. Updates
We may update our Terms at any time. Where possible We will endeavor to notify You of updates to this Agreement in writing to the contact designated by You or via Your APS Account. Updates to these Terms may be made at any time, with or without notice to You, and You acknowledge this and accept responsibility for checking these Terms on a regular and ongoing basis.
21. Force Majeure
Neither party will be liable for delays in processing or other non-performance caused by such events as fires, telecommunications, utility, or power failures, equipment failures, labor strife, riots, war, non-performance of our vendors or suppliers, acts of God, pandemics, or other causes over which the respective party has no reasonable control; provided that the party has procedures reasonably suited to avoid the effects of such acts.
22. Notices
22.1. All notices and communication pursuant or in connection with this Agreement:
(a) must be in writing and in English; and
(b) must be delivered and/or sent to APS to 490-4 Bow Valley Square 3 255 5 Ave SW Calgary AB T2P 3G6 and payments@cad.aps.money; and
(c) will be delivered or sent to You at the postal address or email address that You have notified or provided to Us in connection with this Agreement.
22.2. The parties acknowledge that any notice or other communication will be deemed to be given as follows:
(a) If delivered, at the time and on the date of delivery if delivered during a Business Day, or at the start of the next Business Day if delivered at any other time;
(b) If sent by post to and from a place within Canada, at the start of the second Business Day after it was put in the post;
(c) If sent by post to or from a place outside Canada, at the start of the fifth Business Day after it was put in the post; or
(d) If sent by email, at the time and on the date of transmission if transmitted during normal office hours (09:00-17:30) on a Business Day (local time at the place of receipt) and, in any other case, at the start of the Business Day following the date of transmission.
22.3. This clause will not apply to the service of any proceedings or other documents in any legal action by the parties. APS will not accept service of proceedings or any legal action by way of email by you or any third party.
22.4. We may (where allowed to do so by law) communicate with You by posting information in Your APS Account or on the APS Website, in which case the information will be treated as received by You when it is posted by Us.
22.5. The User has the right to file a complaint via APS Account or email or instant message. APS is bound by the following when a complaint is received:
(a) Acknowledging the complaint, in writing, within 10 days of receipt from the User;
(b) Providing a final response to the User within 30 days of the receipt of the complaint; and
(c) Providing a path for the User to escalate the complaint if necessary.