Version: 1-2019
Last updated Jan 20, 2019
In order to use the Payment Services, as defined in the Payment Terms of Terms of Use agreement, you (“you” and “your”) must pre-authorize TNX Inc., owner of RALY brand, and subsidiaries (collectively and individually according to context, “RALY”) to debit your bank account as described in the Payment Terms. This Pre-Authorized Debit Agreement (this “Authorization”) constitutes your agreement and authorization for RALY to debit your bank account as described in the Payments Terms and is effective as of the date you accept the Payment Terms.
You acknowledge that this Authorization is provided for the benefit of RALY and your financial institution (“Financial Institution”) and is provided in consideration of your Financial Institution agreeing to process all debits against your bank account(s) (the “Settlement Account”) in accordance with the Rules of the Payments Canada.
You hereby authorize RALY to draw on the Settlement Account for purposes of (a) funding a reserve account to secure the performance of your payment obligations pursuant to the Payment Terms, (b) processing refunds or transaction reversals or chargebacks, or (c) collecting any and all amounts owed to RALY under the Payment Terms or any other agreement between you and RALY (a “debit” or “PAD”). In particular, you agree that if any payment is dishonored by your Financial Institution for any reason, RALY shall be entitled to issue another debit in substitution for the dishonored debit. RALY shall be under no liability whatsoever caused by a dishonored debit.
You may cancel this Authorization at any time by closing your RALY Account. You acknowledge that, if you revoke this Authorization, you must close your RALY Account or else RALY may do so. RALY may debit the Settlement Account up until 30 days after your cancellation or revocation.
You acknowledge that your agreement to this Authorization with RALY constitutes delivery of this Authorization by you to RALY and your Financial Institution.
You acknowledge that the debits authorized pursuant to this Authorization are for business purposes.
The details of the Settlement Account that RALY is authorized to draw upon are set out in your RALY Account. You may only change the Settlement Account that RALY is authorized to draw upon by updating the details of the Settlement Account in your RALY Account.
You acknowledge that your Financial Institution is not required to verify that (a) a PAD has been issued in accordance with the particulars of this Authorization or (b) any purpose of payment for which the PAD has been issued has been fulfilled by RALY as a condition to honoring a PAD issued on your Settlement Account.
Even if you cancel or revoke this Authorization, certain provisions of the Payment Terms between you and RALY survive and remain in effect in accordance with their terms. To obtain a sample cancellation form, or for more information on your right to cancel a PAD Agreement, you may contact your Financial Institution or visit https://www.payments.ca. You have certain recourse rights if any debit does not comply with this Authorization. For example, you have the right to receive reimbursement for any debit that is not authorized or is not consistent with this Authorization. To obtain more information on your recourse rights, contact your Financial Institution or visit https://www.payments.ca. A PAD may be disputed by you only if (a) the PAD was not drawn in accordance with this Authorization or (b) amounts were drawn after this Authorization was revoked. In order to be reimbursed, you acknowledge that a declaration must be completed and presented to your Financial Institution holding the Settlement Account up to and including 10 business days after the date on which the PAD in dispute was posted to the Settlement Account. You acknowledge that, after such 10 business day period, a claim that the Authorization was revoked or any other dispute of a PAD is a matter to be resolved solely between you and RALY.
You acknowledge that you understand the terms hereof and you accept and agree to participate in this PAD arrangement with RALY.
You acknowledge that RALY may assign this Authorization, whether directly or indirectly, by operation of law, change of control, or otherwise, by providing at least 10 days prior written notice to you.
You understand that you can contact RALY by email: [email protected] or Telephone: 1-800-316-3070 to make any inquiries, obtain information or seek any recourse rights with respect to this PAD arrangement.
You consent to the disclosure of any personal information that may be contained in this Authorization to financial institutions at which RALY maintains its account to be credited with the PADs as far as any such disclosure of personal information is directly related to and necessary for the proper application of the Rules of the Canadian Payments Association.
YOU UNDERSTAND AND AGREE TO THE FOREGOING TERMS AND CONDITIONS AND, IN PARTICULAR, YOU HEREBY WAIVE THE RIGHT TO RECEIVE ANY NOTICE FROM RALY OF THE AMOUNT TO BE DEBITED AGAINST THE SETTLEMENT ACCOUNT AND THE DATES ON WHICH THE DEBITS WILL BE PROCESSED, AS WELL AS NOTICE OF ANY AND ALL FUTURE CHANGES TO THE AMOUNTS OR PAYMENT DATES. The parties have requested that this Authorization and all related documents be drawn up in English only. Les parties aux présentes ont exigé que le présent contrat et tous les documents qui s’y rattachent soient rédigés en anglais seulement.