ZayZoon Advance Terms and Conditions
for Canadian Users
Please read all the terms before you indicate acceptance. If you do not accept them, do not complete your request. You are bound by these terms even if you do not read all the terms. Any capitalized terms are defined in these Terms.
- Definitions. In these Terms, the following capitalized terms are used as follows:
“Advance Amount” means the amount of advanced payment of wages that you request from ZayZoon.
“Advance Date” means the date on which you are sent you the Advance Amount.
“Annual Interest Rate (AIR)” means the effective annual interest rate charged by ZayZoon as part of sending the Advance Amount. The effective annual interest rate is 60% interest for residents of all provinces with the exception of Quebec, where the effective annual interest rate is 35%. The AIR is further described below in Section 4.
“Confirmation Page” means the page in the ZayZoon System where you will select the Advance Amount. This page details the terms of your ZayZoon Advance, including the costs associated with the ZayZoon Advance and the Repayment Date.
“Default” is defined in Section 7.
“Direction” means your election to repay the Repayment Amount by directing your Employer and Payroll Provider to automatically deduct the Repayment Amount from your wages.
“Employer” means your employer.
“Payroll Provider” means the payroll provider provided by your Employer.
“Repayment Amount” means the total amount that you must repay on or before the Repayment Date, as shown on the Confirmation Screen and in the ZayZoon System, and is an amount equal to the sum of the Advance Amount, the Transaction Fee and any additional fees or costs associated with your use of the ZayZoon System, less any applicable credits you are owed by ZayZoon.
“Repayment Date” means the estimated date on which you must repay the Repayment Amount.
“Terms” means these Terms.
“Transaction Fee” means the fee associated with the advanced payment of your wages. For more information on the Transaction Fee see Section 4 below.
“You” means you as a user of the ZayZoon System and services and a borrower of the Advance Amount;
“ZayZoon” means ZayZoon Inc.
“ZayZoon System” means the system provided by ZayZoon to request and receive an early payment of your wages. The ZayZoon System is available to you through both the Payroll Provider’s online system and ZayZoon’s website (zayzoon.com)
- Requesting an Advance. The ZayZoon System gives you the option to request an early payment of your wages. On the Confirmation Page, you will choose the Advance Amount that you wish to request. Based on your selection, the Confirmation Page will show you the terms of the Advance Amount, including the Repayment Date and the associated Transaction Fee.The Repayment Date shown is our best estimate of the date of your next payday, but this is an estimate only. The Transaction Fee is calculated on a daily basis, and the Transaction Fee is based on the estimated Repayment Date. Please note that the actual Repayment Date may differ from the estimated Repayment Date and, as a result, the Transaction Fee shown on the Confirmation page is an estimate only. The actual Transaction Fee associated with your Advance Amount may be higher or lower, depending on whether the actual Repayment Date is later or earlier, respectively, than the estimated one.By confirming your request through the ZayZoon System, you acknowledge and agree that: (a) upon ZayZoon’s acceptance (acting in its sole discretion) of your request, ZayZoon will forward the Advance Amount as directed by you; (b) acting on your Direction, if applicable, your Employer and the Payroll Provider will deduct an amount equal to the Repayment Amount from your wages and transfer these funds directly to ZayZoon, all by means of the Payroll Provider’s automatic payment system; and (c) if you choose to not Direct your Employer and the Payroll Provider to deduct the Repayment Amount from your wages, you will make alternate arrangements with ZayZoon for repayment, provided that such repayment will be made on or before the Repayment Date.You may check the current status of your ZayZoon account statements, amounts owing, and any credits remaining within ZayZoon’s web-based system.
You hereby authorize your Employer and Payroll Provider to provide periodic updates to your Information, including any changes in your employment status (such as your termination) and related compensation. Your use of the ZayZoon System is conditional on this authorization. If you wish to withdraw this authorization, you must notify ZayZoon of such withdrawal at firstname.lastname@example.org.
- Transaction Fee. The Transaction Fee is the fee charged by ZayZoon as payment for ZayZoon sending you the Advance Amount. The effective annual interest rate is 60% interest for residents of all provinces with the exception of Quebec, where the effective annual interest rate is 35%. The determination of your location for the calculation of this rate is your province of residence.The Transaction Fee is calculated on a daily basis for each day that the Repayment Amount is outstanding. The Transaction Fee is calculated solely against the outstanding Advance Amount.The minimum payment you may make against the Advance Amount is the lesser of (i) the total amount owed by you to ZayZoon; or (ii) fifty dollars ($50). You may repay all or a portion of the Advance Amount at any time before the Repayment Date. There is no prepayment charge.Other Fees: The following additional charges may be applied:
- Dishonoured Payment (NSF): In the event that a repayment by you is declined, or otherwise refused, and ZayZoon incurs a fee from such refusal, ZayZoon may charge you the lesser of $45 or the maximum allowed by law.
- There are no other fees if payment is made in full on or before the Repayment Date. Additional fees or penalties may be charged for failure to repay the Advance Amount, including enforcement costs, legal fees, court costs and filing fees.All fees and charges associated with your use of the ZayZoon System are subject to change.
- Returns and Cancellations. Once you have initiated an advance request through the Confirmation Screen of the ZayZoon System, you may not cancel that request. Advance Amounts can only be returned or cancelled by being repaid in full, which can be done at any time. ZayZoon reserves the right to refuse or cancel service before approving any advance.
- Promise to Pay and Liability. You agree that you will repay to ZayZoon the Advance Amount and the associated Transaction Fee (including any additional costs, charges and expenses in accordance with these Terms). Repayment will be made in accordance with your elections in the ZayZoon System, and may be made by pre-authorized payment by the Employer to ZayZoon, via the Payroll Provider’s automatic payment system, pursuant to the Direction, or as otherwise agreed in writing (such as payment by pre-authorized debit, certified cheque or bank draft). Your liability to ZayZoon is unconditional, and therefore you must pay all amounts that you owe under these Terms even if we owe you any money.
- Default and Remedies. If you fail to pay when due any amount that you owe under these Terms, or otherwise fail to perform any obligations that you owe to ZayZoon under these Terms, if any information or document provided by you or on your behalf in support of your request for the Advance Amount or to satisfy any pre-condition or pre-requisite is not accurate or is invalid (each of which is a “Default”), ZayZoon may do any one or more of the following:
- demand payment of any outstanding balance of the Advance Amount (plus accrued interest and all other amounts owing to ZayZoon under these Terms);
- take any and all legal proceedings to recover payment from you and to enforce performance of your other obligations to ZayZoon under these Terms;
- enforce the rights and remedies that ZayZoon has under the Direction;
- suspend your access to the ZayZoon service or terminate your account; and
- exercise any other rights and remedies that are otherwise available to ZayZoon under these Terms or under applicable law.Even if ZayZoon does not exercise any one or more of its rights and remedies at any time, it may still do so at any time in the future.
- Costs on Default. If there is a Default then, in addition to applicable interest, the following charges may be imposed by ZayZoon on you: (a) legal fees and costs (including the fees and costs of our legal counsel), on a full indemnity basis, resulting from actions to collect a payment; and (b) reasonable costs, including legal fees, incurred in order to protect or enforce any security interest (except costs and fees paid to our employees).
- YOUR DIRECTION TO TRANSFER FUNDS.
- You are obligated to repay the Repayment Amount to ZayZoon on before the Repayment Date. One option for repayment is your authorization and direction (“Direction”) to your Employer and the Payroll Provider to deduct the Repayment Amount from your wages and transfer this amount to ZayZoon, by means of the Payroll Provider’s automatic payment system, on the date of payment of wages nearest to the Repayment Date. This Direction is your personal authorization in writing to make this deduction and transfer of funds. This transfer of funds will constitute repayment of the Advance Amount. The ZayZoon System will provide other alternative methods for repayment, as selected by you.
- You may repay the Repayment Amount in full at any time prior to the Repayment Date.
- You may cancel your Direction at any time prior to the Repayment Date and arrange an alternate means of repayment.
- In the event that you have Directed the Payroll Provider to deduct the Repayment Amount from your wages, and you subsequently elected to repay the Repayment Amount by other means, ZayZoon will notify the Payroll Provider that the Repayment Amount that has been repaid by some other means and should not be deducted from your wages. While ZayZoon will make best efforts to cancel any such Direction, you hereby acknowledge and accept that ZayZoon cannot guarantee that such cancellation may be enacted prior to the Repayment Date.
- You hereby waive all claims against the Employer and Payroll Provider and release the Employer and Payroll Provider from any claims, for any action they take within the scope of this Direction.
- This Direction shall be the Employer’s and Payroll Provider’s good and sufficient authority for making the deduction and funds transfer. You agree that this Direction is irrevocable and shall remain in full force and effect until the Repayment Amount is repaid in full. ZayZoon may deliver a copy of this Direction to the Employer and the Payroll Provider.
- You agree that this Direction does not constitute an assignment of wages or an assignment of the right to receive wages to secure the future repayment of a debt. By virtue of this Direction ZayZoon acquires no right to receive your future wages to secure the future repayment of the Advance Amount. If the Employer or Payroll Provider refuses to make the deduction and payment, then ZayZoon has no right to pursue payment from the Employer or Payroll Provider, and ZayZoon’s recourse will be limited to bringing a claim for non-payment against you directly.
- Credits. Occasionally, there is a small positive balance in your account to your credit after settlement of the transaction (typically because you prepaid early, you overpaid by a small amount on the previous advance, or you authorized some other payment to us that we were not entitled to receive). If there is a positive balance in your account, you agree that we may credit your account and automatically apply such credits against any outstanding balance owing on the next advance.
- Unclaimed Credits & User Account Inactivity. If there are any remaining credits in your account, we encourage you to use up these credits, which will be applied to your next transaction through the ZayZoon System. However, as noted above these credit amounts are usually very small and may become administratively burdensome because the cost of refunding in cash often exceeds the value of the credit. That means that, in order to receive a refund, you and ZayZoon would pay more than the credit is worth. If your account becomes “inactive” for an extended period of time (for example, if you fail to use any features, you do not log in to your account, or you do not request any advances under the account) and you have unclaimed credits remaining in your account, then you agree that we can take certain steps related to those credits. We may automatically donate the remaining credits in your account to a charity of our choice after deduction of any account closure fee or any costs of funds transfer, and terminate the inactive account. We support various financial literacy programs, and you can see all our current community support initiatives at zayzoon.com.
- Assignment. ZayZoon may assign all or any part of this agreement and the rights and benefits under this agreement, together with the benefit of the Direction, without notice to you and without your consent, and in connection with such assignment we may provide personal information about you to any such assignee or their agents.
- DISCLAIMER OF WARRANTIES. ZAYZOON’S SERVICES AND ALL INFORMATION, CONTENT, MATERIALS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU BY ZAYZOON THROUGH THE ZAYZOON SYSTEM ARE PROVIDED BY ZAYZOON ON AN “AS IS” AND “AS AVAILABLE” BASIS. ZAYZOON MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SYSTEM, THE CHECKOUT OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SYSTEM. YOU MUST ASSESS THIS OPPORTUNITY AND CHOOSE WHETHER THIS SYSTEM IS BEST FOR YOU. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SYSTEM IS AT YOUR SOLE RISK.TO THE MAXIMUM EXTENT ALLOWED BY LAW, ZAYZOON DISCLAIMS ALL REPRESENTATIONS, CONDITIONS AND WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, RELATING TO FITNESS, QUALITY, OR SAFETY OF ITS SERVICES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU AGREE THAT ZAYZOON, THE EMPLOYER AND THE PAYROLL PROVIDER AND THEIR RESPECTIVE SUBSIDIARIES AND AFFILIATES (AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND REPRESENTATIVES) SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SYSTEM THAT YOU CHOOSE TO USE, WHETHER UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHER LEGAL THEORY.
- LIMITATION OF LIABILITY. ZAYZOON SHALL HAVE NO LIABILITY FOR DAMAGE EXCEPT FOR DIRECT PROVABLE DAMAGES CAUSED BY ITS INTENTIONAL MISCONDUCT OR FRAUD. SUBJECT TO THE FOREGOING, THE TOTAL AGGREGATE LIABILITY OF ZAYZOON, THE EMPLOYER AND THE PAYROLL PROVIDER SHALL NOT UNDER ANY CIRCUMSTANCES WHETHER UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHER LEGAL THEORY, EXCEED THE ACTUAL PRICE PAID BY YOU FOR THE SERVICES OR $50, WHICHEVER IS LESS.IN NO EVENT SHALL ZAYZOON, THE EMPLOYER OR THE PAYROLL PROVIDER HAVE LIABILITY FOR DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL AND PUNITIVE DAMAGES, EVEN IF YOU HAVE ADVISED ZAYZOON OF THE POSSIBILITY OF SUCH DAMAGES.
- Intellectual Property:
- Copyright. All content included on the ZayZoon System, such as text, graphics, logos, button icons, images, digital downloads, data compilations, and software, is the property of ZayZoon, or its licensors and protected by copyright laws.
- Trade-marks. ZayZoon, the ZayZoon design, graphics, logos, page headers, button icons, scripts, and service names are trade-marks / registered trade-marks or trade dress of ZayZoon. All other trademarks not owned by ZayZoon that appear in this system are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by ZayZoon.
- Jurisdiction and Applicable Law. The laws of the Province of Alberta, Canada, excluding its conflicts-of-law rules, shall govern this agreement. You understand and agree that you are waiving any legal protections otherwise provided by laws applicable to consumers in your country or state, and you acknowledge that ZayZoon, the Employer and the Payroll Provider would not facilitate your advances if that were not the case. You hereby agree and consent to the exclusive jurisdiction and venue of the courts situated in the Province of Alberta, Canada, in any action, claim or dispute arising out of or relating to these Terms, and you hereby submit to the personal jurisdiction of such courts.
- General Terms:
- Availability. The ZayZoon service is not available if you are under 18, or considered a minor in your local jurisdiction. In that case, you may use this checkout only with approval of a parent or guardian.
- Analytics. By placing an order with ZayZoon, you acknowledge that ZayZoon reserves the right to analyze transactional data, anonymously and in aggregate, for the purpose of identifying trends, statistics and measurements that could contribute to the enhancement of ZayZoon services. By way of example and not limitation, such aggregate use could include identifying market sensitivities, and relative market interest in specific product categories. For greater clarity, any transactional data analyzed will expressly exclude any personally identifiable information and will be aggregated and anonymized.
- Severability. These Terms state the entire agreement between you and ZayZoon. If any term or condition herein shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining terms shall not in any way be affected or impaired thereby. You and ZayZoon agree that it is our mutual intent that these Terms, including without limitation any limitation of liability herein, be enforced as written, but otherwise to the maximum extent allowable by law.
- Non-Commercial Use Intent. The Advance Amounts available through the ZayZoon system are intended for personal, non-commercial use.
- Electronic Communications. When you visit this checkout or send e-mails to ZayZoon, you are communicating with us electronically. You consent to enter into this agreement by electronic means, and to receive communications from us electronically. We may communicate with you by e-mail, text message or by posting notices on the ZayZoon site. You can change your preferences through your account. But if you elect not to receive electronic communications from us about your account, then you might miss important notices and functionality. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
- Modifications. We reserve the right to make changes to our checkout, policies, and these Terms at any time. Your continued use of ZayZoon’s services after the new Terms are posted will constitute your acceptance of those new terms. If any of these terms shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
- English Language. Les parties concernées confirment qu’elles ont exigé que les termes et conditions du consommateur ainsi que les documents apparentés soient rédigés en Anglais. The parties hereto confirm that they have requested that these Terms and all related documents be drafted in English.
- Events Beyond Our Control. ZayZoon shall not be liable for any failure to perform according to these Terms, if such failure is caused by circumstances beyond our reasonable control including, but not limited to, acts of God, acts of war, terrorism, labour dispute, natural disaster, failures in the internet, government action or accident.
End of Terms