YOU HEREBY ACKNOWLEDGE AND AGREE THAT QUBER IS NOT A BANK, NOR IS IT A FINANCIAL PLANNER, BROKER OR ASSET MANAGER. THE QUBER PLATFORM IS MERELY A TOOL TO ASSIST YOU IN YOUR FINANCIAL PLANNING AND DECISION-MAKING. YOU ARE SOLELY RESPONSIBLE FOR YOUR SAVINGS, INVESTMENT, DONATION, AND SPENDING DECISIONS.
Scope of Service Quber maintains the Quber Platform, and provides Services, as a service to our user community, subject to these Terms and Conditions. You are responsible for obtaining any equipment and Internet service necessary to access our Quber Platform and Services and for paying any fees for the equipment and service you select. We may alter, suspend, or discontinue this Quber Platform and/or our Services, in whole or in part, at any time and for any reason, without notice. We may restrict access to portions of our Quber Platform and/or Services, for some or all users, from time to time. The Quber Platform may also periodically become unavailable due to maintenance or malfunction of computer equipment or for other reasons.
In consideration of your use of the Quber Platform provided to you by Quber, by registering, you agree to the following terms:
The following words used in this agreement and in all amendments hereto shall have the meaning set forth: below:
“Aggregated Data” means aggregated, anonymized data pertaining to a group of users without any risk of disclosing any one user’s identity. Aggregated Data may include information about your location, your Financial Profile and your Financial Products.
“Business Day” means Monday through Friday, excluding statutory holidays under the laws of the Province of New Brunswick or the laws of Canada
“Cashflow” means the aggregated debits (money out) and credits (money in) to your Transactions Source(s).
“Cashout” is an action triggered by you in the Quber Mobile App that moves money from the Quber Vault to your Primary Bank Account
“In Vault Transactions” means a sum of money tied to a Saving Jar that has been transferred from your Primary Bank Account and is safely stored in the Quber Vault.
“In Transit Transactions” means a sum of money tied to a Saving Jar that has been transferred from your Primary Bank Account and is on its way to the Quber Vault through the payment network but has not yet reached the Quber Vault.
“Financial Products” means banking, credit card, mortgage, and insurance products you may be enrolled in or may be eligible for enrollment.
“Financial Profile” means information about your finances possessed by Quber, including, but not limited to Transaction History, Financial Products, and your financial and savings goals and objectives.
“One Time Transfer” means a transfer to your Quber Vault that you initiate through the Quber app that does not recur.
“Pending Transactions” means a sum of money tied to a Saving Jar that has accumulated based on triggered Saving Rules but has not yet been transferred to the Quber Vault from your Primary Bank Account due to transaction limits or other applicable reasons.
“Primary Bank Account” means your chequing or savings account that is the source of money transfers and the destination of cashouts, as well as applicable subscription fees for QUBER services.
“Quber Account” means the account you created at registration through the Quber app and your information that is tied to that account through use of Quber Platform.
“Quber Agreement” or “Agreement” means the terms & conditions set forth in this document.
“Quber Ignite Subscription Service” or “Quber Ignite” is an opt-in service that provides personalized financial coaching through reports, notifications, identification of expenses and saving opportunities on a monthly or yearly fee basis. See section 9 for Fees.
“Quber Vault” is a Trust Account held by Quber in a financial institution accepting deposits that holds money temporarily for your benefit until your Financial Goals are met or a request is made by you to have your money transferred back to the Primary Bank Account
“Saving Jar” represents a Saving Goal. Each Saving Jar is linked to the amount of money you have saved for that Goal as a total of Pending Transactions, In Transit Transactions, and In Jar Transactions.
“Saving Recommendations” are recommendations generated from the Quber Platform based on data analysis to help you save money.
“Saving Rule Transfer” is a money transfer to the Quber Vault that is triggered when your Saving Rules are executed.
“Saving Rules” are rules set up by you in Quber that when executed will transfer money from your Primary Bank Account to the Quber Vault.
“Savings” refers to the total amount of money you have in the Quber Vault.
“Subscription fees” refers to the fee collected for opt-in, paid QUBER services.
“Transaction History” means the transactions from your Financial Products from the time you registered and adding your Transaction Source(s) with Quber.
“Transaction Source” means any accounts that you have added to populate your Cash Flow, execute Saving Rules, and receive Saving recommendations.
“Transfer” means the transfer of money from your Primary Bank Account to the Quber Vault.
“Your Information” means all information about you, including information about your identity, location, contact information, address, Quber Account, Primary Bank Account, Transaction Source(s) that you provide to Quber.
Description of Quber
Quber encourages you to reach money saving goals through a unique, goal based experience. Life is hectic, and the last thing you want to do is look through complicated graphs and pie charts to analyze your spending. At Quber, our mission is simple – we are determined to make saving, investing, and donating money easy and fun. The Quber experience starts by helping you plan out your saving goals. What do you want and when do you need it? Once you know what’s important to you, we’ll show you different options on how you can reach your goals.
How Quber Works
The Quber experience starts by you creating saving goals – Saving Jars – things that matter to you. Then you create Saving Rules in order to automatically move money into those goals. When your Saving Rules are triggered, money is automatically taken from your Primary Bank Account and moved into Quber Vault. When you have reached your goal or decided you want to Cashout, your money is then transferred back to your Primary Bank Account.
Quber will hold your Savings separate from its corporate funds in the Quber Vault, and it will not use your Savings for its operating expenses or for any other corporate purposes. Quber will not voluntarily make your Savings available to its creditors in the event of bankruptcy. While your Savings are in our custody, Quber will combine your Savings with the Savings of other users and place those pooled Savings into the Quber Vault. The Account will be held in Quber’s name for the benefit of its collective users. The Savings you Transfer into the Quber Vault may not be insured for your benefit by the Canada Deposit Insurance Corporation or any provincial deposit insurance program.
You agree that you will not receive interest or other earnings on the Savings that Quber handles as your agent and places in pooled accounts. In consideration for your use of Quber, you irrevocably transfer and assign to Quber any ownership right that you may have in any interest that may accrue on Savings held in pooled accounts. This assignment applies only to interest earned on your Savings, and nothing in these Terms grants Quber any ownership right to the principal of the Savings you maintain with Quber. In addition to or instead of earning interest on pooled accounts, Quber may receive a reduction in fees or expenses charged for banking services by the financial services that hold your Savings.
In order to help you achieve your financial goals, Quber may provide you with general tips, Saving Recommendations and education materials on how to save, organize and manage your finances. Quber is not a financial planner or advisor and you are solely responsible for your saving and spending decisions.
Third Party Products and Services
Quber may also provide you with information relating to third party products or services that can help you save, organize and manage your finances. Quber may receive fees for providing such third party information or otherwise promoting third party products and services to you.
3. Quber Account
You must be a resident of qualifying Canadian jurisdictions and at least 18 years old to use the Quber Platform. You are solely responsible for ensuring that the use of the Quber Platform in accordance with these Terms in your jurisdiction of residence is permitted by law or regulation. If such use is not permitted by law, Quber prohibits all access to and use of the Quber Platform.
Collection of Your Information
You acknowledge that Quber will be relying on the information you provide to provide services to you. You represent and warrant that the information you provide is true, accurate, current and complete. You agree to promptly update this information if it changes or is no longer accurate. You agree that if the information you have provided us is inaccurate, untrue, not current or incomplete, you will have materially breached these Terms and Quber reserves the right to terminate your use of Quber in accordance with Section 11.
Anti-Money Laundering Rules
You represent and warrant that you will abide by all applicable Anti-Money Laundering rules, including, but not limited to the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (Canada) and that you will, upon request, provide Quber staff with any information or documents that we may require in order to comply with applicable regulatory requirements, including the Anti-Money Laundering rules and other applicable requirements.
Confidentiality and Unauthorized Access
You agree and understand that you are responsible for maintaining the confidentiality of your password used to access Quber. If you become aware of any unauthorized access to your Quber account or if you believe that someone is accessing your account without your permission, you must immediately notify Quber at email@example.com
4. Source of Funds
Connecting Your Primary Bank Account
You acknowledge and agree that you must connect your Quber Account to your Primary Bank Account using the Quber App in order to transfer money into your Quber Vault, and receive Cashouts.
Primary Bank Account
When you register for a Quber Account, you will be required to connect your Quber Account to your Primary Bank Account.You may be asked to enter and / or validate information about your Bank Account into the Quber App, including the institution, transit and account number of your Primary Bank Account. You acknowledge that the information that you provide about your Primary Bank Account is yours and you represent and warrant that it is true, accurate, current and complete information.
You will receive confirmation through the Quber App when your Primary Bank Account has been verified and is connected to your Quber Account for the purpose of making Transfers to or Cashouts from the Quber Vault. All amounts received in the Quber Vault shall be held on your behalf, until you Cashout those amounts. You agree to promptly update the account details of your Primary Bank Account that are no longer accurate. Failure to update your information may disrupt your use of the Quber Platform. You can only have one Primary Bank Account associated with your Quber Account at any given time.
You must also agree to Pre-Authorize Debits (PADs) from your Primary Bank Account which shall be initiated by Quber on the basis of your total Pending Transactions as determined by the Quber Platform. Quber processes the transfer of total Pending Transactions from your Primary Bank Account to the Quber Vault.
The Primary Bank Account will be the source of all Transfers and the destination of all Cashouts.
The Primary Bank Account is also the source used to collect applicable Subscription fees for QUBER services.
In order to use the Quber Platform and transfer money to the Quber Vault, you will be required to connect your Transaction Sources to your Quber Account. You can connect multiple Transaction Sources to your Quber Account. You connect your Transaction Source to your Quber Account by entering information about the Transaction Source in the Quber App. This may include bank account and credit card information. You acknowledge that the information about your Transaction Source that you provide to Quber is yours and you represent and warrant that it is true, accurate, current and complete information. You will receive confirmation through the Quber App when your Transaction Source is connected to your Quber Account. You agree to promptly update information about your Transaction Source that is no longer accurate. Failure to update your information may disrupt your use of the Quber Platform.
The Quber Platform will track purchases made on your Transaction Source(s) to execute your Saving Rules ,display your CashFlow and produce Saving Recommendations. Total transfer amounts are communicated to Quber to transfer from your Primary Bank Account. Transfers will only be made from your Primary Bank Account. Your Primary Bank Account must be one, and only one, of your Transaction Sources.
One-Time and Saving Rule Transfers
You may make a One-Time Transfer or a Saving Rule Transfer from your Primary Bank Account to the Quber Vault using the Quber Platform. The minimum transfer amount is $20.00. Quber reserves the right to postpone your transfer to the Quber Vault until you have a minimum of $20.00 in total pending transactions.
Saving Rule Transfers
You authorize Quber to automatically execute your saving rules based on transactions from your Transaction Source(s). The Quber Platform will execute your Saving Rules and will add the corresponding transaction amount to the total Pending Transactions. When your total Pending Transactions has reached $20.00 or more, the Quber Platform will trigger the transfer of money to occur through Quber to the Quber Vault. Once Quber processes the transfer, the total Pending Transactions amount will be withdrawn from your Primary Bank Account and transferred to the Quber Vault. A record is kept of the exact amounts you have transferred in and out at all times. If you subsequently cancel or reverse any purchase you made using your Transaction Source(s), the corresponding Saving Rule execution and resulting Pending Transaction amount will remain and will not be reverted.
Quber reserves the right to limit or restrict Transfers for any reason, including if it has reason to suspect any suspicious or illegal activity.
Preauthorized Debits (PADs)
You authorize Quber, and the designated financial institution (or any other financial institution Quber may authorize at any time) to begin Transfers on regular intervals from your self-designated Primary Bank Account. These Transfers are based on Saving Rule Transfers, and/or One-Time Transfers to transfer money to the Quber Vault.
You confirm that you will not be provided with written Notice of the amount of each Transfer debit.
You may cancel this authorization at any time. Any cancellation Notices must be received at least five (5) Business Days before the next debit is scheduled at the address provided below or via email noted below.
You can contact us by Email: firstname.lastname@example.org
Quber may assign this authorization, whether directly or indirectly, by operation of law, change of control or otherwise, by providing at least 10 days prior Notice to you.
As Quber is facilitating transfers on your behalf, you forfeit your rights to dispute any debit unless the debit does not comply with this agreement. You have the right to receive reimbursement for any debit that is not authorized or is not consistent with this agreement. For example, you have the right to receive reimbursement for any PAD that is not consistent with Section 6 of this Agreement. To obtain a form for a reimbursement claim, or for more information on your recourse rights, you may contact your financial institution or visit www.cdnpay.ca
Cashout of Funds
At anytime, you may cashout your Savings. This is done by cashing out individual Saving Jars. You may cashout your In Vault transactions, tied to your Saving Jars, from the Quber App. The In Vault Transaction amount of each jar cashed out is added to the total Cashout amount. Quber will charge a fee separately to your primary bank account of $0.50 cents when the total Cashout amount is less than $20.00. By agreeing to these Terms & Conditions and creating a Quber Account, you agree that $0.50 cents will be charged to your primary bank account when the total Cashout amount is less than $20.00.
You may only Cashout to your Primary Bank Account and are not permitted to Cashout to any other account. If you would like to change your Primary Bank Account, you will be required to Cashout all Savings to your existing Primary Bank Account before you select a new Primary Bank Account. In the case of exceptional circumstances (such as death), please contact Quber Technologies Inc. at email@example.com.
You can only cashout In Vault Transactions. Pending Transactions have not yet moved to the Quber Vault, and on Cashout will be reset to 0. In Transit transactions cannot be cashed out until they reach the Quber Vault and have transitioned to In Vault Transactions.
7. Transfer and Cashout Transactions
The maximum amount of money that can be transferred in one day from your primary bank account to Quber vault is $3000 and the maximum amount of money that can be cashed out from Quber vault to your primary bank account in one day is $3000.
Reasonable steps will be taken to process Transfers and Cashouts within five (5) Business Days. You acknowledge that Quber is not liable for any error or processing delay caused by any third party, including any financial institution that maintains your Primary Bank Account or the Quber Vault, or any service provider or vendor of any such financial institution.
Fees and Penalties
You agree that Quber shall not be liable to you for any fees or penalties charged by any financial institution that maintains your Primary Bank Account in connection with a Transfer, Cashout, or a Subscription fee, including any overdraft fees. You agree that you are responsible for any fees or penalties that you may incur from any financial institution that maintains your Primary Bank Account as a result of any Transfer or Cashout.
Correct Information and Payment Instructions
You acknowledge and understand that it is your responsibility to provide correct information about your Primary Bank Account and Transaction Source(s). You also acknowledge and understand that it is your responsibility to provide correct payment instructions for Transfers and Cashouts. You acknowledge that incorrect or incomplete information regarding your Primary Bank Account or regarding instructions to make a Transfer or Cashout may result in the transaction being rejected or completed incorrectly. You agree that it is not Quber’s responsibility to determine whether there is a discrepancy between the information in the Quber Vault and the information in your Primary Bank Account or Transaction Source(s).
Acts or Omissions
You agree that Quber, or any other supplier to Quber, shall not be held liable for any act or omission of any financial institution that maintains your Primary Bank Account or Transaction Source(s) or for any act or omission of any service provider or vendor of any such financial institution.
You agree to indemnify and hold Quber, or any other supplier to Quber, harmless from any and all damages resulting from or relating to any incomplete or incorrect information regarding yourself, your Primary Bank Account or Transaction Source(s) or in payment instructions to make a Transfer or Cashout.
From time to time, QUBER will offer contests for a chance to win money towards your saving goals. Contest rules will be defined on the QUBER website (www.quber.ca), including contest eligibility. Residents of Quebec are not eligible to participate. A skill testing question must be answered correctly in order to claim your prize.
Currently, Quber is offering the Quber Platform at no charge. We may institute subscription fees in the future. We agree to provide you with at least thirty (30) days notice before we institute subscription fees by sending you an email to the email address in your Quber Account.
You may be charged fees from third-parties, such as a financial institution, when you transfer or cashout Savings. We recommend that you consult with your financial institution before using the Quber Platform.
QUBER Ignite users will be charged a low fee:
QUBER Ignite Subscription Service
By subscribing to QUBER Ignite Subscription Service you agree that you will be charged a Subscription fee that is payable monthly or yearly. The subscription fee is periodic and recurring, and is charged in advance through your credit card attached to your Apple iTunes or Google Play account. Your Subscription will automatically renew unless cancelled by either you or QUBER. You can turn off auto-renew at any time from your Apple iTunes or Google Play account settings but refunds will not be provided for any unused portion of the term. A valid payment method, including credit card, is required through Apple iTunes or Google Play to process the payment for your Subscription.
From time to time QUBER might offer free trial. If you are offered a free trial you must cancel before the end of the free trial period to avoid future charges; if you do not cancel then you agree that you will be charged the amount of the Subscription fee automatically at the end of the free trial period. Charges are not refundable.
QUBER retains the right in the future to change the terms and the amount of the Subscription fee in its sole discretion, including for both current customers and new customers.
Failure to pay Subscription fees will result in automatic cancellation of Quber Ignite Subscription Service.
10. Rights you Grant to Quber
You authorize Quber to access and login to your Transaction Source(s) that you connect to your Quber account on your behalf as your agent using the credentials that you provide to us, including usernames and passwords for the purpose of executing Saving Rules and providing you information on your Spending and Saving.
YOU ARE RESPONSIBLE FOR ENSURING THAT YOUR AGREEMENTS WITH YOUR FINANCIAL INSTITUTIONS PERMIT YOU TO APPOINT QUBER AS YOUR LAWFUL AGENT TO ACCESS YOUR TRANSACTION SOURCE(S).
YOU AUTHORIZE QUBER TO EXAMINE, ANALYZE, TRACK AND COLLECT INFORMATION ABOUT YOUR TRANSACTION HISTORY IN ORDER TO:
(I) EXECUTE YOUR SAVING RULES;
(II) SHOW DETAILS ON MONEY IN AND MONEY OUT OF YOUR TRANSACTION SOURCE(S);
AND (III) TO CUSTOMIZE THE QUBER EXPERIENCE FOR YOU.
You acknowledge and authorize Quber to develop and use your Quber Account to: (i) customize and improve the Quber Experience;
(ii) provide you with an overview of your savings and finances;
(iii) provide you with tips, recommendations and education materials on how to save, organize and manage your finances;
(iv) provide you with information about third party products or services that can help you organize and manage your finances;
and (v) to conduct statistical research and analysis on an aggregated basis for comparative and historical insights
11. Your Information
You retain ownership of Your Information, including all rights therein and relating thereto.
Aggregated Data You grant Quber a non exclusive, transferable, assignable, irrevocable, royalty free, worldwide, perpetual license to create Aggregated Data and to use such Aggregated Data, and all modifications thereto and derivatives thereof, for any purpose, including, without limitation, to improve the Quber experience, to develop new products and services, to understand usage, to build and create data profiles and to conduct statistical research and analysis for comparative and historical insights.
Transfer Quber may transfer Your Information outside of Canada for processing or storage that may be subject to the laws of such foreign jurisdictions. Quber will have in place and maintain appropriate technical and organizational measures to protect Your Information against unauthorized or unlawful processing, or accidental loss, destruction or damage.
12. Term & Termination
Term of Agreement
The term of this Agreement will begin when you register in the Quber Mobile App(i.e., create a Quber Account) and will continue until the Terms are terminated by either party as outlined in this Section 11
You may terminate this agreement immediately for any reason with or without cause by closing and deleting your Quber Account by contacting Quber at Support@Quber.Ca . Quber may terminate this Agreement immediately upon Notice to you for any reason with or without cause. Quber will not be liable to you or to any third party for any liabilities, claims or expenses arising from or relating to any termination.
We may suspend your right to use Quber if you:
(i) breach the terms of this Agreement;
(ii) Quber suspects that your Quber Account is being used without authorization;
(iii) Quber suspects that your Quber Account is being used for illegal or fraudulent purposes; or
(iv) Quber needs to comply with applicable law.
13. Dispute Resolution
Your satisfaction with the Quber Platform is important to Quber. If you have a complaint regarding Quber, or with respect to any provision of this Agreement, you must first submit your complaint directly to Quber at firstname.lastname@example.org. Quber will review your complaint and seek to resolve the complaint to your satisfaction as soon as possible.
[Not applicable in Quebec, Alberta or Ontario] If your complaint is not resolved to your satisfaction with in thirty (30) days of making the complaint, you agree to resolve the complaint by final and binding arbitration to the extent mandatory arbitration is permitted by applicable law. The arbitration will be conducted in the province or territory in which you reside in accordance with the commercial arbitration laws and rules in the province or jurisdiction in which you reside. The complaint shall not be made the subject matter of an action in any court unless the complaint has first been submitted to arbitration and finally determined in arbitration. Any such action commenced thereafter shall only be for the purpose of enforcing the arbitration decision and the costs incidental to the action. If mandatory arbitration of your dispute is not permitted under applicable law, you agree that you will seek a remedy before the superior court of justice of your province or territory of residence.
Quber represents and warrants that it will provide the service described herein in a professional manner consistent with general industry standards. Your exclusive remedy for a breach of this warranty shall be as provided in Term and Termination section.
SOME PROVINCES AND TERRITORIES DO NOT ALLOW FOR THE EXCLUSION OF WARRANTIES (INCLUDING THE PROVINCE OF QUEBEC). IN THESE PROVINCES AND TERRITORIES, YOU HAVE ONLY THE WARRANTIES THAT ARE EXPRESSLY REQUIRED TO BE PROVIDED IN ACCORDANCE WITH APPLICABLE LAW. IN ALL OTHER PROVINCES AND TERRITORIES, EXCEPT AS EXPRESSLY PROVIDED HEREIN, QUBER IS PROVIDED TO YOU ON AN “AS IS” BASIS WITHOUT ANY WARRANTY WHATSOEVER AND QUBER EXPRESSLY DISCLAIMS ALL OTHER REPRESENTATIONS, WARRANTIES, AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATION, WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON INFRINGEMENT, OR ANY WARRANTY ARISING FROM A COURSE OF DEALING, PERFORMANCE, OR TRADE USAGE. YOUR SOLE AND EXCLUSIVE REMEDY, AND QUBERS SOLE OBLIGATION TO YOU OR ANY THIRD PARTY FOR ANY CLAIM ARISING OUT OF YOUR USE OF QUBER, IS THAT YOU ARE FREE TO DISCONTINUE YOUR USE OF QUBER AT ANY TIME.
15. Limitation of Liability
SOME PROVINCES AND TERRITORIES DO NOT PROVIDE EXCLUSION OF LIMITATION OF LIABILITY FOR ALL TYPES OF DAMAGES (INCLUDING THE PROVINCE OF QUEBEC). IN THOSE PROVINCES, QUBER WILL ONLY BE LIABLE TO YOU FOR DAMAGES THAT WE ARE EXPRESSLY REQUIRED TO BE LIABLE TO YOU UNDER APPLICABLE LAW. IN ANY OTHER CASE, QUBER SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU IN CONNECTION WITH YOUR USE OF QUBER, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF PROFIT, LOST OPPORTUNITIES, LOSS OF DATA SUFFERED, OR OTHER INTANGIBLE LOSS. QUBER’S LIABILITY FOR DIRECT DAMAGES SHALL NOT EXCEED $100.00. THE FOREGOING LIMITATIONS APPLY TO ALL CAUSES OF ACTION AND EVERY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT, STRICT LIABILITY AND NEGLIGENCE.
QUBER SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES, OR OTHER PROBLEMS INHERENT IN USE OF THE INTERNET, ELECTRONIC COMMUNICATIONS, TELECOMMUNICATIONS NETWORKS OR OTHER SYSTEMS OR NETWORKS OUTSIDE THE REASONABLE CONTROL OF QUBER
You agree to indemnify and hold Quber, our affiliated companies and their respective agents, employees, directors and officers, harmless from any claim or demand, cause of action, liabilities and costs including reasonable lawyer’s fees made by any third party due to or arising out of:
(i) your use of the Quber Mobile App,
(ii) your violation of this Agreement,
(iii) any misrepresentations made by you,
or (iv) your violation of any third party’s rights. Quber reserves the exclusive right, at your expense, to conduct the defense and assume control of any matter, subject to indemnification by you, in which event you shall cooperate with Quber in asserting any and all available defenses.
17. General Provisions
No party may assign this Agreement or any right under this Agreement, without the consent of the other party, which consent shall not be unreasonably withheld or delayed; provided however, that Quber may assign this Agreement to an acquirer of all or substantially all of the business of Quber to which this Agreement relates, whether by merger, asset sale or otherwise. This Agreement shall be binding upon and inure to the benefit of the parties’ successors, heirs, administrators and permitted assigns.
Notices and Communications
Except as otherwise permitted in this Agreement, Notice and other communications under this Agreement will be made in writing to the other party. YOU AGREE THAT ALL NOTICES, COMMUNICATIONS, FINANCIAL INFORMATION WILL BE DELIVERED TO YOU ELECTRONICALLY. You will receive offers, promotions and other commercial electronic communications from Quber and its promotional partners as an integral part of the Quber experience. You can unsubscribe at any time by using the unsubscribe links provided in these electronic communications or by contacting Quber Technologies Inc. at email@example.com.
No waiver shall be effective unless it is in writing and signed by the waiving party. The waiver by either party of any breach of this Agreement shall not constitute a waiver of any other or subsequent breach.
If any term of this Agreement is held to be invalid or unenforceable, that term shall be reformed to achieve as nearly as possible the same effect as the original term, and the remainder of this Agreement shall remain in full force.
This Agreement (including all Schedules and exhibits) contains the entire agreement of the parties and supersedes all previous oral and written communications by the parties, concerning the subject matter of this Agreement.
This Agreement shall be governed by the laws of the province in which you are ordinarily resident at the time that you enter into this Agreement and the federal laws applicable therein without regard to the principles of conflict of laws.
Compliance with Laws
Quber reserves the right to change any process or service provided under the Agreement in or to comply with all applicable local, provincial, national and foreign laws in connection with its delivery of Quber, including those laws related to financial services, data privacy, international communications, and the transmission of technical or personal data.
18. Client Acknowledgement
BY ACCEPTING THESE TERMS & CONDITIONS AND REGISTERING THROUGH THE QUBER MOBILE APP, YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE TERMS OF THIS AGREEMENT AND THAT YOU HAVE HAD AN OPPORTUNITY TO SEEK TAX, LEGAL AND OTHER PROFESSIONAL ADVICE. YOU AGREE TO ENTER INTO THE AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.