ZayZoon Terms of Service
Thank you for using ZayZoon’s web-based lending system. These terms (the “Terms of Service”) are a legal agreement between you (“you”) and ZayZoon Lending Ltd. (“ZayZoon”). Any transaction requested by you through the ZayZoon checkout button on the website of the payroll service provider (the “Payroll Provider”) will be made through the ZayZoon Lending system pursuant to these Terms of Service. By making a request for an advance through ZayZoon, you agree to be bound by these Terms of Service.
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. This version replaces all prior versions. Capitalized terms are defined below in Section 15.
- Transaction Terms. ZayZoon makes its system available to the Payroll Provider, who in turn makes the system available to you through the Payroll Provider’s online system. The ZayZoon system permits you to request an advance payment on wages.
By placing a request through the ZayZoon checkout button, you acknowledge and agree that: (a) upon acceptance of your request, the advance will be made to you through a loan from ZayZoon, by means of the Payroll Provider’s automatic payment system; (b) acting on your Direction (defined below), ZayZoon will advance the loan to you, equal to the amounts presented to and agreed-upon by you; (c) you will repay the total Loan Amount (defined below) (which includes the amount advanced plus the cost of borrowing, as agreed-upon by you) to ZayZoon, and (d) acting on your Direction, your employer (the “Employer”) and the Payroll Provider will deduct an amount from your wages and transfer these funds directly to ZayZoon to repay the Loan Amount, all by means of the Payroll Provider’s automatic payment system.
- Confirmation of Request. You acknowledge that ZayZoon shall be entitled to verify and authenticate your information as a condition of confirming and making the advance of the Loan Amount. ZayZoon has not accepted a request from you, and ZayZoon makes no commitment of any kind to advance any Loan Amounts to you, until ZayZoon has accepted and verified all required information according to its lending criteria and applicable regulations.
- Principal Amount and Cost of Borrowing. Once approved, the details of each loan request will involve the following principal amount, interest charges and costs of borrowing. You hereby consent to accept these Terms of Service and the Confirmation Screen as your copy for future reference.
- Loan Amount: This is the amount that you request in ZayZoon’s confirmation screen (the “Confirmation Screen”) through the Payroll Provider’s online system. Each time you request an advance, you must review and approve the amount that you will borrow.
- Limit: ZayZoon will not advance more than $1000 to you under these Terms of Service.
- Payment Due Date: This is the date on which the Loan Amount must be repaid in full as shown in the Confirmation Screen (the “Due Date”). By requesting a loan, you agree to this Due Date.
- Payments: You must repay the Loan Amount in full on the Due Date to avoid being in default.
- Interest Rate: Annual Interest Rate: This is the effective annual interest rate, shown as a dollar amount displayed in the Confirmation Screen, as of the date the borrowing request is approved by ZayZoon. By requesting a loan, you agree to this fee.
- Determination of Interest: Annual interest rates are subject to change and the current rate will be shown on the Confirmation Screen at the time you make a request.
- Interest-Free Grace Period: N/A
- Minimum Payment: $50
- Annual Fee: There is no annual fee.
- Prepayment Charge: You may prepay the Loan Amount at any time before the Due Date. There is no prepayment charge.
- Other Fees: Default charges may be listed in the Confirmation Screen.
- Dishonoured Payment (NSF): $45.
- There are no other fees if payment is made in full on the Due Date. Additional fees or penalties may be charged for failure to repay the Loan Amount, including enforcement costs, legal fees, court costs and filing fees.
- Fees and charges are subject to change. The current fees and charges will be shown on the Confirmation Screen at the time you make a request.
- Account Statements: You may check the current status of your ZayZoon account statements and amounts owing within the ZayZoon ZayZoon’s web-based lending system. Periodic account statements are sent to you on a monthly basis by the means that you choose in the Confirmation Screen.
- Inquiries: For inquiries about your account, contact ZayZoon during ordinary business hours at www.zayzoon.com
- Returns and Cancellations. Once you have initiated a loan request through the Confirmation Screen of the Payroll Provider’s online system, you may not cancel that request. Loan Amounts can only be returned or cancelled by being repaid in full. ZayZoon reserves the right to refuse or cancel service before approving any loan.
- Promise to Pay and Liability. You agree that you will repay to ZayZoon the Loan Amount (including interest and all costs, charges and expenses in accordance with these Terms of Service). Repayment will be made by pre-authorized payment by the Employer to ZayZoon, via the Payroll Provider’s automatic payment system, pursuant to the Direction, unless we agree otherwise in writing (such as payment by pre-authorized debit, certified check or bank draft). Your liability to ZayZoon is unconditional, and therefore you must pay all amounts that you owe under these Terms of Service 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 of Service, or otherwise fail to perform any obligations that you owe to ZayZoon under these Terms of Service, if any information or document provided by you or on your behalf in support of your request for the Loan 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 Loan Amount (plus accrued interest and all other amounts owing to ZayZoon under these Terms of Service);
- take any and all legal proceedings to recover payment from you and to enforce performance of your other obligations to ZayZoon under these Terms of Service;
- enforce the rights and remedies that ZayZoon has under the Direction;
- suspend your access to the ZayZoon service; and
- exercise any other rights and remedies that are otherwise available to ZayZoon under these Terms of Service 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.
- 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 LENDING SERVICES AND ALL INFORMATION, CONTENT, MATERIALS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU BY ZAYZOON THROUGH THE PAYROLL PROVIDER’S ONLINE 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 LENDING 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 LENDING 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 LENDING 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 LENDING 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 ZAYSOON, 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 LENDING 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 loans 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 of Service, 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, 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 of Service 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 of Service, 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 Loan 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 will communicate with you by e-mail or by posting notices on the ZayZoon site. 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 of Service at any time. Your continued use of ZayZoon’s services after the new Terms of Service 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 of Service 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 of Service, 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.
- Defined Terms. In these Terms of Service:
- “Default” is defined in Section 6;
- “Direction” means your irrevocable direction to pay in Section 8;
- “Employer” is defined in Section 1;
- “Loan Amount” means the amount loaned under these terms, and wherever that term is used in the context of repayment, it includes any applicable interest and all costs, charges and expenses which are properly owing by you, in accordance with these Terms of Service;
- “Payroll Provider” is the payroll provider provided by your Employer, and is defined at the top of page 1 of these terms
- “Terms of Service” means these terms of service;
- “you” means you as a user of the ZayZoon system and services and a borrower of the Loan Amount;
- “ZayZoon” is defined at the top of page 1 of these terms.
End of Terms