Quebex Terms of Use

Last updated: March 7, 2017

These terms of use are a legal agreement (the agreement) between you and Quebex Fintech Inc., a company incorporated under the laws of the Province of Quebec, Canada (Quebex, us, we, or our). Please read this agreement carefully before you use any of the services provided on www.quebex.com (the Site, and such services being the Services).

Your access to and use of the Services is based on your acceptance of and compliance with this agreement and it apply to all visitors, users and others who access or use the Services. By accessing or using the Service you agree to be bound by this agreement. If you do not agree to this agreement, please do not use the Services.

Capitalized terms in this agreement are defined in the Glossary at the end.

  1. Account / Dashboard

So long as you are not in breach of this agreement, and you wish to use the Services, you shall be granted a unique and private account accessible through the Service, including but not limited to an account dashboard (the Account). We may provide you with access codes for the Account which shall enable you to create administrative-level users (each an Admin User) and regular users (each a Regular User), (in either case a User). You may not disclose such codes or permit any third party to use them on penalty of forfeiting the whole of the Account. You assume full responsibility for the use of your Account and the access codes thereto and shall indemnify us for any and all claims, losses or other liabilities arising therefrom. You are responsible for all Users use of the Account and the Services. You shall submit only accurate information through the Account and you are responsible to correct any inaccuracies concerning information you submit to the Account.

  1. Prohibited Activities

It is forbidden for a you to use the Services to, directly or indirectly, knowingly or unknowingly assist in any illegal activity in Canada, the United States or the jurisdiction where you are located or any Prohibited Activity. We shall not permit you to use our Services for any activity or Transaction that is in contravention of our AML Program, as determined by us in our sole and absolute discretion.

  1. Prohibited Users

      1. The following Persons are prohibited from using the Services: (i) Persons who are in the United States, are citizens of the United States or who are domiciled in the United States; (ii) Persons who are Listed Entities, as per that Canadian Anti-Terrorism Act; (iii) Persons who appear on the U.S. Department of the Treasury, Office of Foreign Assets Control (OFAC), Specially Designated Nationals List (SDN); (iv) Persons who are less than 18 years of age; and (v) Persons, or their Affiliates whose agreements with we have previously terminated by us.
      2. We reserve the right to refuse or cancel any Account, advertisement that you post on the Site or any Transaction at any for any reason or for no reason or service availability, errors in the description or price of the product or service, error in your order or other reasons.
  1. Other Restrictions

      1. You will not, directly or indirectly: reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Services or any software, documentation or data related to the Services.
      1. You state that you will use the Services only in compliance with our standard published policies then in effect (the Policy) and all Applicable Laws. you shall indemnify and hold harmless we against any damages, losses, liabilities, settlements and expenses (including without limitation costs and attorneys’ fees) in connection with any claim or action that arises from an alleged violation of the foregoing or otherwise from your use of Services. We reserve the right to prohibit any use of the Services that we believe may be in violation of the foregoing or any provision of this agreement.
      2. You are responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Services, including, without limitation, modems, hardware, servers, software, operating systems, networking, web servers and the like (collectively, Equipment). You are also responsible for maintaining the security of the Equipment, you Account and User passwords and files, and for all uses of you account or the Equipment with or without your knowledge or consent.
  1. Fund / Load

      1. You may, at your discretion, load Digital Assets into the Account by following the procedures setout out on the Site, including clicking on the ‘Fund’ button on the Account dashboard. When you transfer Digital Assets to the Account, the amount thereof shall be displayed in the Account. Note that certain Digital Asset protocols, including Bitcoin, charge a nominal fee for transfers of Digital Assets from one account-holder to another. Consequently, the amount of Digital Assets that you send to the Account may not be the amount actually received by us.
      1. All Account Balances are your property in our possession as your agent subject to the terms of this agreement.
      2. You cannot use the Account to hold any real currency or other property that is not a Digital Asset of a kind that we have indicated is acceptable for use with the Services.
  1. Posting Ads

      1. The Site permits you to post advertisements to sell or purchase Digital Assets. By posting such an advertisement you are representing to us and to all Other Users that the content thereof is true and that you shall honour the terms of the Transaction contemplated in the advertisement. Each Other User shall be a third party beneficiary under this provision and entitled to enforce the terms of an offer to sell or purchase Digital Assets posted on the Site.
      1. If you post an advertisement on the Site to sell Digital Assets, then you must (i) be the rightful owner of those Digital Assets; and (ii) such Digital Assets must be in your Account prior to posting the advertisement.
  1. Purchase or Sale Transactions

The following are conditions that must be satisfied by you for your use of Services in conjunction with any Transaction:

      1. Each Transaction is a two-party Transaction involving only you and an Other User;
      1. Quebex is not party to the Purchase Transaction, unless Quebex is clearly identified as the Other User;
      2. You are liable for all the terms of the Transaction as presented to you and accepted by you through your Account;
      3. If you are the purchaser:
        1. you shall pay the purchase price contemplated in a Purchase Transaction to the Other User that is the seller of the Digital Assets in the method indicated in the Transaction through the Account within 90 minutes of your acceptance; and
        2. you allow the seller that is the Other User to cancel the proposed Transaction if you do not make payment within 90 minutes of acceptance by both parties of the Transaction terms through their respective Accounts
      4. If you are the seller:
        1. you shall release the Digital Assets to the purchaser within 90 minutes of your receipt of payment as contemplated in the Transaction accepted through your Account;
        2. if you instruct Quebex to release the Digital Assets to the purchaser (whether or not you have been paid) you acknowledge that such release is IRREVERSIBLE; Quebex shall not be liable for any accidental release by you of Digital Assets or any other form of release that is authorized through your Account; and
        3. you shall collect any and all sales taxes (i.e. GST / QST) that apply to your Transaction.
      5. You are acting for yourself and your Digital Assets or funds do not belong to a third party;
      6. You shall not make any claim against Quebex for any matter related to a Transaction;
      7. You have read and understand the terms of this agreement;
      8. The Other User is a third party beneficiary under this agreement in respect of the Transaction;
      9. Nothing in the Transaction is contrary to this agreement;
      10. You agree to assume the risk associated with the possible change in value of the Digital Assets that are part of the Transaction between the various times such as the posting of the advertisement, acceptance thereof by the Other Party, settlement of the related payment and receipt by the seller of the real currency;
      11. Quebex has the right but not the obligation to suspend, terminate or reverse any Transaction in so far as it has control over the Digital Assets in question and you release Quebex from any liability with respect to any such determination and by Quebex; and
      12. You shall immediately.
  1. Affiliate Program

The Quebex Affiliate program consists of Quebex paying you amounts indicated on the Site for referrals of additional Other Users. Quebex reserves the right to amend such amounts or terminate the Queebx Affiliate program at any time and without prior notice to you or your prior consent.

  1. Fees

You agree to pay the Fees for the Services indicated on the site (Fees). Fees shall be payable in Digital Assets of Quebex’ choosing or such other real currency as Quebex may select at its discretion. Fees are inclusive of all applicable taxes.

  1. Privacy

User Data data is collected, used, stored and disclosed by Quebex pursuant to its privacy policy posted on the Site. You allow Quebex to use User Data for such purposes as it deems reasonably necessary to supply the Services and also to offer you additional products and services of Quebex or its suppliers.

You allow Quebex to display your Account name and other information related to proposed Transactions in any advertisement that you post on the Site and in any Transaction in which you are involved.

By using the chat or video communication Services on the Site, you allow Quebex to share the contents of those chats and video sessions and related files with Quebex itself and the Other User with whom you are communicating. Quebex is also permitted, but not obligated, to monitor and record such chats and videos for compliance with the terms of this agreement.

You allow Quebex to send you text messages and emails to, for example, confirm Transactions and other matters related to your Account.

You acknowledge that Digital Asset Transactions are logged in public ledgers accessible to anyone, consequently, no Transaction is assured anonymity.

You allow Quebex to share your User Data with regulators and law enforcement as required by the AML Program, Applicable Law or as Quebex deems necessary, acting reasonably.

You allow Quebex to share your contact information with an Other User that has a dispute related to an actual or attempted Transaction with you.

  1. Risks Associated with Digital Assets

You acknowledge the following risks associated with Digital Assets: The risk of loss in trading Digital Assets may be substantial and losses may occur over a short period of time. The price and liquidity of Digital Assets has been subject to large fluctuations in the past and may be subject to large fluctuations in the future. Legislative and regulatory changes or actions at the provincial, federal or international level may adversely affect the use, transfer, exchange and value of Digital Assets. Digital Assets are not legal tender, are not backed by the government, and Digital Asset accounts and value balances are not subject to Federal Deposit Insurance Corporation; Transactions in Digital Assets are irreversible, and, accordingly, losses due to fraudulent or accidental Transactions may not be recoverable some Digital Asset transactions shall be deemed to be made when recorded on a public ledger, which is not necessarily the date or time that you initiate the Transaction.

  1. User Content

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (Content). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.

By posting Content to the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.

You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

We reserve all rights to block or remove communications or materials that we determine to be: (a) abusive, defamatory, or obscene; (b) fraudulent, deceptive, or misleading; (c) in violation of a copyright, trademark or, other intellectual property right of another or; (d) offensive or otherwise unacceptable to us in our sole discretion.

You acknowledge that, by providing you with the ability to view and distribute user-generated content on the Service, we are merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Service.

  1. Intellectual Property

The Services and all contents, including but not limited to text, images, graphics or code are the property of Quebex and are protected by copyright, trademarks, database and other intellectual property rights. You may display and copy, download or print portions of the material from the different areas of the Service only for your own non-commercial use, or to place an order with Quebex. Any other use is strictly prohibited and may violate copyright, trademark and other laws. You further agree not to use, change or delete any proprietary notices from materials downloaded from the Services.

  1. Links To Other Web Sites

The Service may contain links to third-party web sites or services that are not owned or controlled by Quebex.

Quebex has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Quebex shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services – including but not limited to that of Other Users.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Quebex does not endorse the products or services of any Other User or other third party and shall have not liability to you in respect of any of them.

  1. Termination

We may terminate or suspend access to our Services immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach the Terms.

The provisions of this agreement concerning indemnification and limitation of liability and all liabilities created under this agreement prior to termination hereof shall survive any termination hereof.

Upon termination, your right to use the Services will immediately cease and your Account will be disabled. If you wish to terminate your account, you may simply discontinue using the Services.

Quebex reserves the right to amend the Services at any time without prior notice or you and without your prior consent.

No amendment hereof and no termination hereof shall diminish your rights in Digital Assets in your Account provided that Quebex reserves the right to deduct from such Digital Assets any amounts that you owe Quebex pursuant to this Agreement or any Fees or other liabilities of yours or your Affiliates.

Quebex reserves the right to hold your Digital Assets in its possession if it believes it is exposed to excessive financial, reputational or security risk and it shall release them to you on your request when Quebex has determined, in its sole discretion, that such risk no longer exists.

  1. Indemnification

You shall defend, indemnify and hold harmless Quebex, its directors, officers, employees, agents, Other Users, assigns, and successors-in-interest from and against any and all third-party liability, damages, losses, claims, demands, actions, causes of action and costs (including attorneys’ fees and expenses) arising out of or resulting from: (i) your performance under this Agreement including, without limitation, performance, non-performance, or defect in performance, any Transaction, any statement, misstatement, representation or misrepresentation made by you; (ii) the negligent or wilful acts or omissions of you or your agents and/or employees; and (iii) any statements, claims, representations or warranties made by you or your agents and/or employees, relating to any matter.

  1. LIMITATION OF LIABILITY

      1. NO WARRANTIES. THE SERVICES ARE PROVIDED ON AN "AS-IS", "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Quebex EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES AND CONDITIONS, INCLUDING ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AS WELL AS ANY WARRANTIES THAT THE SERVICES PROVIDED BY Quebex OR THAT THE OPERATION OF THE SERVICES WILL BE INTERRUPTION OR ERROR FREE.
      1. LIMITATIONS OF LIABILITY. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, NONE OF Quebex, ITS AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS OR LICENSORS, SHALL, UNDER ANY CIRCUMSTANCES, BE LIABLE, TO THE EXTENT PERMITTED BY APPLICABLE LAW, TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR EXEMPLARY DAMAGES, EVEN IF Quebex HAS BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING. EXCEPT AS REQUIRED BY LAW, IN NO EVENT SHALL Quebex’S LIABILITY (WHETHER BASED ON AN ACTION OR CLAIM IN CONTRACT, TORT OR OTHERWISE) TO YOU, OR ANY THIRD PARTY, IN ANY WAY CONNECTED WITH OR ARISING OUT OF THIS AGREEMENT (AND ALL OTHER AGREEMENTS BETWEEN Quebex AND MERCHANT) EXCEED THE FEES ACTUALLY PAID TO Quebex YOU DURING THE THREE (3) MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY.
      2. Force Majeure. Quebex shall use its commercially reasonable efforts to perform its obligations hereunder, however, none of Quebex, its Affiliates, shareholders, directors, officers, agents or licensors shall be liable for any loss resulting from the activities of you, nor from any erroneous statements or errors in transmission, nor for any loss resulting from any delay, interruption or failure to perform hereunder due to any circumstances beyond Quebex’s reasonable control including, without limitation, acts of god, fire, explosion, earthquake, riot, terrorism, war, sabotage, accident, embargo, storms, strikes, lockouts, any interruption, failure or defects in Internet, telephone, or other interconnect services or in electronic or mechanical equipment. Quebex’s obligations hereunder shall be suspended during any of the foregoing circumstances, which suspension shall not be a cause for termination of this agreement by you.
  1. General

      1. Notices. Any notice, demand, request or other communication required or permitted to be given under this Agreement shall be in writing and delivered personally, or sent by prepaid registered mail, return receipt requested: to Quebex at the postal address provided therefore on the Site; to you at the address provided therefore upon registration with the Site; or to such other address as either party may have previously indicated to the other in writing in accordance with the foregoing. Any such notice, request, demand or communication shall be deemed to have been received on the day it was delivered personally, on the fifth (5th) day following mailing, unless there is a disruption of any kind of postal service. We reserve the right to notify you by only electronic means to the email address first provided to us by you through the Site.
      1. Independent Contractor. Neither party has any right to create any obligations on the part of the other party, without the other's prior written consent. Nothing in this Agreement or the course of dealing of the parties shall be construed to constitute the parties hereto as partners, joint ventures or as agents or employees of one another or as authorizing either party to obligate the other in any manner. you shall not: (1) bind Quebex to any contract or agreement; (2) incur any obligation on behalf of Quebex; (3) release, assign or transfer any agreement, claim, security or any other asset of Quebex; (4) borrow or lend any money in the name of Quebex; or (5) submit to any claim or liability related to the Services, allow judgment to be taken or confessed against Quebex. you, being an independent contractor, shall not receive as compensation, or be reimbursed, for any of the following: (i) work materials that you may use in performing hereunder, (ii) business facilities, telephone, automobile or any other equipment, (iii) any you employee benefit, (iv) reimbursement for any other cost or expense incurred by you in its promotion of the Services hereunder.
      2. On-Line or Written Formation of Contract. By acceptance of the terms hereof on-line by you or by execution of a written acceptance of the terms hereof by you, this Agreement together with any supplemental agreements and appendixes constitute the entire validly legally binding agreement between the parties pertaining to the subject matter contained in it and supersedes all prior and contemporaneous agreements, representations and understandings of the parties. No waiver of any of the provisions in this Agreement shall be deemed or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver.
      3. Amendments to this Agreement. From time to time Quebex will post amendments or revisions to this Agreement, including, without limitation, amendments to Fees, on the Site. Quebex will provide notice of these amendments or revisions to you through the Site. If the amendment or revision is required in order to Quebex and the Services to remain in compliance with applicable laws or payment processor regulations, then the amendment or revision shall take effect as of when it is posted to the Site. If, on the other hand, the amendment or revision is not required under law or by a payment processor of Quebex, and you do not close its Account within thirty (30) days of notice on the Site of the amendment or revision, then the you shall be deemed to have accepted the amendment or revision. Other than as provided in this section, this Agreement may not be amended except by express consent of both parties through the Site or by such other means as Quebex may reasonably prescribe.
      4. Assignment. None of you or any of its successors may assign this Agreement, or any rights hereunder, directly or by operation of law, without the prior written consent of Quebex which consent may be withheld for any reason, at Quebex's sole discretion. Quebex may assign any of its rights or obligations hereunder without prior notice or consent from or to you.
      5. Successors. This Agreement and the provisions hereof shall enure to the benefit of and be binding upon the Parties and their respective successors and permitted assigns. you may not assign any of its rights or obligations under this Agreement to any third party without the prior written consent of Quebex.
      6. You go missing. If, for whatever reason, Quebex is unable to contact a you to complete a Transaction for their benefit, then you shall retain title in such unsettled funds, but after ten (10) months, Quebex reserves the right to remit the amount thereof to government authorities responsible for taking possession of lost property in the jurisdiction of the you or that of Quebex.
      7. Enforcement. The you shall be liable for and shall indemnify and reimburse Quebex for any and all reasonable attorneys’ fees and other costs and expenses paid or incurred by Quebex in the enforcement of this Agreement, or in collecting any amounts due from you hereunder, or resulting from any breach of any of the terms or conditions of this Agreement.
      8. Remedies. All remedies of either party hereunder are cumulative and may be exercised concurrently or separately. The exercise of any one remedy shall not be deemed to be an election of such remedy and shall not preclude the exercise of any other remedy. No failure on the part of either party to exercise and no delay in exercising any right or remedy hereunder shall operate as a waiver of such right or remedy.
      9. Severability. If any provision of this Agreement is held invalid or unenforceable by any court of final jurisdiction, it is the intent of the parties that all other provisions of this Agreement be construed to remain fully valid, enforceable and binding on the parties.
      10. Governing Law and Choice of Forum. Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the Canadian Arbitration Association before a single arbitrator who is a practicing commercial lawyer and such arbitration shall take place in English in Montreal, Quebec, Canada. This Agreement shall be governed by and construed in accordance with the laws of the Province of Quebec, Canada. All Transactions and other performance under this agreement are deemed to have taken place in Montreal, Quebec, Canada.
      11. Whole Agreement. References to "this Agreement" include any Account Fees, schedules, supplementary agreements, addendum, appendixes and amendments and any other agreements, schedules appendixes and amendments promulgated by Quebex and furnished to you from time to time. This Agreement replaces any earlier versions hereof appearing on the Site or otherwise.
  1. Contact Us

If you have any questions about this agreement, please contact us through the Site.

  1. Glossary

The following terms are defined for this Agreement as follows:

Account Balance means the quantity of Digital Assets held in the Account as indicated in the Account dashboard.

Affiliate means, in relation to a Person, another Person that directly or indirectly owns or controls, is owned or controlled by, or is under common ownership or common control with the Person, or a Person's principal partners, shareholders, or owners of some other ownership interest.

AML Program means our anti-money laundering program, policies and procedures in accordance with the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (PCMLTFA).

Applicable Laws means all applicable laws, statutes, codes, ordinances, orders, decrees, rules, regulations, and municipal by laws, whether domestic, or foreign, all judgments, orders, writs, injunctions, decisions, rulings, decrees, and awards of any government authority having jurisdiction.

Card means a Payment Network-licensed payment mechanism that may be a physical or digital representation thereof generally intended for debit or credit payment transaction payments.

Confidential Information means all proprietary, secret or confidential information or data relating to either party and its affiliates, operations, employees, products or services, clients, customers or potential customers. Confidential Information shall include customer lists, cardholder account numbers, pricing information, computer access codes, instruction and/or procedural manuals, and the terms and conditions of this Agreement. Information shall not be considered Confidential Information to the extent, but only to the extent, that such information is: (i) already known to the receiving party free of any restriction at the time it is obtained; (ii) subsequently learned from an independent third party free of any restriction and without breach of this Agreement; (iii) or becomes publicly available through no wrongful act of the receiving party; (iv) independently developed by the receiving party without reference to any Confidential Information of the other; or (v) required to be disclosed by law.

Deposit Account means a deposit account of your at a Canadian financial institution, at a branch located in Canada, that is acceptable to us and identified in an Order Form.

Digital Asset means means bitcoins or other virtual currency or digital assets that may be purchased, sold or traded via the Services.

Intellectual Property Rights means all intellectual property rights and all tangible embodiments of such rights, wherever located, including but not limited to the following: (i) all trademarks, service marks or other designations of origin, including all registrations and related applications and all goodwill associated with any of the foregoing; (ii) all copyrights, moral rights, and other rights in works of authorship, including all registrations and related applications; (iii) all inventions and ideas, whether patentable or not, and all patent rights, patents and patent applications; (iv) all know-how, trade secrets, confidential information, and other proprietary rights and information; and (v) all other rights covering intangible property recognized in any jurisdiction.

Order Form means a an electronic form completed in conjunction with this Agreement that sets out the parties hereto, a Transaction, the Fees and other terms applicable to this Agreement.

Other User means a Person other than you who is party to an agreement like this agreement with Quebex

Payment Network means any of Visa, Inc., MasterCard International, American Express, Interac or other payment networks that license the issuing of Cards.

Person is to be broadly interpreted and includes an individual, a corporation, a partnership, a trust, an unincorporated organization, the government of a country or any political subdivision thereof, or any agency or department of any such government, and the executors, administrators or other legal representatives of an individual in such capacity.

Processor means the processor of real currency payment transactions that we use in conjunction with the Services.

Prohibited Activity means the operation of or the direct or indirect facilitation of any of the following adult or adult-related services, including escort services, adult massage, or other adult-entertainment services; adult performers or adult webcam services; any act that is illegal in the united states or in the jurisdiction where the person carrying out the activity is resident, domiciled or located; bath salts and herbals; betting, including lottery tickets, casino gaming chips, off-track betting, memberships on gambling-related internet sites and wagers at races; bill payment services; buyers or discount clubs; cigarettes, tobacco or e-cigarettes; credit counseling or repair agencies; credit protection or identity theft protection services; digital goods including digital currency; direct marketing or subscription offers; inbound or outbound telemarketing businesses including lead generation businesses; infomercial sales; internet, mail or telephone order pharmacies or pharmacy referral services; items that encourage, promote, facilitate or instruct others to engage in illegal activity; items that may be counterfeit including, but not limited to: designer handbags, clothing and accessories, and consumer electronics; items that may infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction; items that promote hate, violence, racial intolerance, or the financial exploitation of a crime; items that promote, support or glorify acts of violence or harm towards self or others; legal fees including bankruptcy attorneys; live animals; medical equipment; multi-level marketing businesses (MLM); obscene or pornographic items; payment aggregators; prepaid phone cards or phone services; purchase, sale or promotion of drugs, alcohol, or drug paraphernalia, or items that may represent these uses; real estate or motor vehicles; rebate based businesses; sales of money-orders or foreign currency; up-sell merchants; using the Services as a means to transfer funds between bank accounts held in the same name; using the Services for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property, taxation and other proprietary rights and data collection and privacy; using the Services in a manner that we or any payment card network reasonably believes to be an abuse of the payment card system or a violation of payment card network rules; using the Services in any manner that could damage, disable, overburden, or impair we including without limitation, using the services in an automated manner; using the Services in violation of the terms of this agreement, as reasonably determined by we; using the Services that in any way assists you or others in the violation of any law, statute or ordinance; using the Services to collect payments that support pyramid or ponzi schemes, matrix programs, other “business opportunity” schemes or certain multi-level marketing programs; using the services to control an account that is linked to another account that has engaged in any of the foregoing activities; using the Services to defame, harass, abuse, threaten or defraud others, or collect, or attempt to collect, personal information about users, registered recipients, or third parties without their consent; using the Services to intentionally interfere with another user’s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms or other malicious code; using the Services to make unsolicited offers, advertisements, proposals, or to send junk mail or spam to others; using the Services to provide Customer with a cash advance from Customer’s own credit card or to help others to do so; using the Services to send or receive what we considers to be funds for something that may have resulted from fraud or other illegal behavior; using the Services while impersonating any person or entity or falsely claiming an affiliation with any person or entity; or weapons including replicas and collectible items; weight loss programs; wire transfer money orders.

Purchase means your actual or attempted purchase of a Digital Asset through the Services.

Purchase Transaction means a Transaction by which you purchase or attempt to purchase Digital Assets from an Other User and make use of the Services in conjunction with such Transaction.

Quebex, we, us, our means Quebex Fintech Inc., a Quebec company.

real currency means Canadian Dollars or some other fiat currency issued by a sovereign nation.

Rules means the operating rules and regulations of Payment Networks.

Sale means your actual or attempted sale of a Digital Asset through the Services.

Sale Transaction means a Transaction by which you sell or attempt to sell Digital Assets to an Other User and make use of the Services in conjunction with such Transaction.

Site means www.quebex.com and its subdomains.

Transaction means an actual or attempted purchase or sale of Digital Assets between you and an Other User that makes any use of the Services.

User Data means all your Confidential Information of you concerning your Account and Transactions.

You, your, User means the Person who registers to use the Services on the Site by completing an the Order Form.