General Eligibility Criteria and Terms
The promotional offer described below (the “Offer”) is available only during the period from May 15 2022 to December 31, 2022 (the “Offer Period”) from Moneris Solutions Corporation (“Moneris”). The Offer is available only to new or existing Moneris® merchants located in Canada who, during the Offer Period: (i) have obtained a promotional code relating to this Offer from Moneris; (ii) are party to, or enter into, an agreement for credit or debit card payment processing services with Moneris (a “Merchant Agreement”); (iii) rent one or more payment devices from Moneris at regular list price, as applicable; (iv) are a TELUS Communications Inc. (“TELUS”) customer; and (v) have signed up through Moneris for Moneris Go and/or the Bookmark™ Business Plan with Moneris Online, as applicable (collectively, the “Plan”), at the following URL: [https://go.moneris.com/telusoffer]. Offer is limited to one (1) redemption per Moneris merchant entity ID. Moneris is under no obligation to enter into a Merchant Agreement or approve a merchant for any services and reserves the right to determine a qualified merchant in accordance with its credit adjudication and other policies and procedures. Following satisfactory internal Moneris approval, new Moneris merchants will be required to agree to be bound by the terms and conditions of the Merchant Agreement.
The Offer is not available to merchants who: (i) currently participate in a merchant program for franchisees, trade associations, member associations or other buying groups; or (ii) have processed an aggregate Visa® and Mastercard® transaction volume of $2,500,000 CAD or greater in the preceding three (3) months.
The Offer is subject to change, withdrawal or cancellation at any time and, save and except for UPS® preferred shipping rates, cannot be combined with any other Moneris offer. The Offer is non-transferable and cannot be applied retroactively to previous registrations and/or purchases. Except for the components of the Offer expressly described herein, all other applicable fees and charges in the Merchant Agreement, including transactions fees, apply throughout the Offer Period and thereafter. Merchants not interested in keeping the Plan must contact Moneris to cancel the Plan at least ten (10) days prior to the expiry of the Waiver Period (as defined below).
Offer Details – Moneris Go and Moneris Online Fee Waivers and Website Creation Support
Moneris will waive the monthly fees applicable to the Plan as follows:
(i) fee waiver for the first six months (6) months, applicable to merchants who sign up for Moneris Go and Moneris Online; or
(ii) fee waiver for the first four (4) months, applicable to merchants who sign up for either Moneris Go or Moneris Online,
(the “Waiver Period”), to new or existing merchants who sign up for the Plan during the Offer Period. After the Waiver Period is over, monthly fees applicable to the Plan in the amount of $29.95 CAD (plus tax) for Moneris Go and/or $39.95 CAD (plus tax) for Moneris Online will apply, as applicable, unless the merchant contacts Moneris to cancel the Plan at least ten (10) days prior to the expiry of the Waiver Period. For greater certainty, monthly fee waivers applicable to Moneris Go under this Offer consist of the monthly device rental fee for “Moneris Go” terminals, as set out in the Merchant Agreement, for one (1) Moneris Go device rented by a new or existing merchant; any such waiver of the monthly device rental fee may not cover the full cost of fees applicable to Moneris Go. In addition, Moneris will provide, upon request by new or existing merchants who sign up for Moneris Online during the Offer Period, up to eight (8) hours of assistance to develop a website (the “Website Development Service”). The maximum Offer value is $419.40 CAD (plus tax) over six (6) months. For greater certainty, new or existing merchants who have not signed up through Moneris for the Plan during the Offer Period are not eligible for this Offer.
If the merchant requests use of the Website Development Service, the merchant agrees to provide Moneris with directions and instructions about the development of the merchant’s website and the merchant may be required to provide Moneris with permission to make changes and edit their website during the development. The merchant remains solely responsible for their website and the merchant needs to:
(i) review and approve any development, content, changes and edits suggested or made by Moneris to their website on their behalf; and (ii) ensure that they remove any editorial rights which they may have granted to Moneris when the merchant no longer wishes to receive the Website Development Service. Moneris is entitled at any time, and without prior notice, to discontinue providing the merchant with the Website Development Service for any reason. The Website Development Service is provided to the merchant on an “as is” and “as available” basis. All other representations or warranties, express or implied, including any warranties of merchantability or as to correctness, quality, accuracy or reliability or as to fitness for a particular purpose are specifically excluded and disclaimed. The liability of Moneris to the merchant arising out of, or in any way related to, the Website Development Service, will, in the aggregate, be limited to actual, direct and general monetary damages in an amount not to exceed the total fees, if any, paid by the merchant for the Website Development Service to Moneris. This limitation of liability applies regardless of the form in which any legal or equitable action may be brought against Moneris, whether under contract, tort (including negligence) or otherwise, and the foregoing will constitute the merchant’s exclusive remedy.
Moneris and Bookmark Your Life, Inc, and not RBC Ventures Inc., are responsible for Moneris Online, the Bookmark Business Plan and the terms and conditions applicable to the Merchant Agreement and the Bookmark Business Plan.
Except as otherwise provided herein, Moneris and RBC Ventures Inc., its officers, directors, employees, shareholders, promotion agencies, agents, successors, assigns and service providers will not be liable for any direct, indirect, incidental, special or consequential damages arising out of the Offer, even if advised of the possibility of such damages. By participating in the Offer, the merchant waives any and all rights to bring any claim or action related to such matters in any forum beyond one (1) year after the first occurrence of the incident upon which the claim or action is based. The merchant agrees that any and all disputes, claims and causes of action arising out of or connected with the Offer, shall be resolved individually, without resort to any form of class action.
By participating in the Offer, the merchant agrees to release and hold harmless Moneris and RBC Ventures Inc., and each of its parents, subsidiary, affiliate and related companies, and its and their respective officers, directors, employees and agents, from and against any losses, damages, rights, claim or cause of action of any kind arising or resulting, in whole or in part, directly or indirectly, out of participation in the Offer or from acceptance, possession, use or misuse of any item given in connection with the Offer.
MONERIS and MONERIS & Design are registered trademarks of Moneris Solutions Corporation. TELUS and TELUS Communications Inc.are registered trademarks of TELUS Communications Inc. BOOKMARK is a trademark of Bookmark Your Life, Inc. VISA is a trademark owned by Visa International Service Association and used under license. MASTERCARD is a registered trademark, and the circles design is a trademark, of Mastercard International Incorporated. UPS is a registered trademark of United Parcel Service of America, Inc. and is used under license by United Parcel Service Canada Ltd. All other marks or registered trademarks appearing in this document are the property of their respective owners.