TERMS AND CONDITIONS

ROCKET CASH INC.

Updated March 6, 2024

These terms and conditions (hereinafter referred to as the “Agreement”) is concluded between you, “you” and “your” refer to any type of legal entity on behalf of which you are using the Service, and ROCKET CASH INC., Corporation Number: 1000785610, registered office address: 155 East Beaver Creek Rd, 24-147, Richmond Hill, Ontario, Canada, L4B2N1, hereafter referred to as the "ROCKET CASH", "we", "our", "us". 

This Agreement is a legal document that governs your access to, and use of, ROCKET CASHfor payment processing and related services (hereinafter referred to as the “Service”). 

Your application for registration and use the Service means you agree to be bound by the terms and conditions of the Agreement. If you do not agree to be bound by the terms and consitions of the Agreement, you must not apply, register, use, or access the Service. When you you apply to be registered and use the Service, you are asked to confirm that you have read and agree to the Agreement. Notwithstanding the foregoing, ROCKET CASH reserves the right to reject any application and/or registration for any reason. Unless explicitly stated otherwise, any new features or products that change, augment, or enhance the current Service shall be subject to this Agreement.

1. Changes to This Agreement

From time to time, we may update or revise certain provisions of the Agreement. We will date and post the latest version of this Agreement on our website. Any changes will be effective upon posting the updated version of the Agreement. If in our sole discretion we consider such a revision to be significant, we will notify you by email to the email addressused upon your registration. If you do not agree to the changes or to any terms in the updatedAgreement, you must notfy us that you stop using the Service.

2. Use of the Service

You confirm and agree that:

a. you are responsible for the accuracy, quality and legality of information that you provide in connection with your use of the Service

b. you will prevent unauthorized access to or use of Service and you will notify us promptly of any such unauthorized access or use

c. you will use the Service only in accordance with the terms and conditions of of this Agreement, any other agreement, contract or legal document condluded between you and us, and in accordance with applicable legislation. 

To the extent ROCKET CASH provides you or allows you to access its Services with usernames, e-mail, passwords, or other credentials (hereinafter referred to as “Credentials”), you agree to keep such Credentials secure. You agree that we may rely on requests or activity made using the Credentials and that such requests or activity will be deemed authorized by you.

You agree that you will not use the Service in whole or partially, for any purpose that is illegal or prohibited by this Agreement. You agree that you will not use the Service in any way that could damage, disable, or harm the Service or interfere with any other party’s use of the Service. You will not sell, lend, rent, resell, lease, sublicense or otherwise transfer any of the rights granted to you with respect to the Service to any third party. 

3. Registration

(a) In order for you to be authorized to use the Service, you must complete the registartion procedure developed by us. You must provide us with the information/data/documents that we require on our registration page about you and your business. We may ask to provide any additional Know Your Customer (KYC) documentation for the purposes of enhanced due diligence. If you decide to register to use the Service, you agree to provide us with true, accurate, up-to-date, and complete information, data, or details and to refrain from impersonating or falsely representing your affiliation with any person or entity (such information being “Registration Data”). Registration Data and certain other information about you and/or your business are subject to the privacy policy located at  privacy-policy/ (“Privacy Policy”). You agree and acknowledge that we may access or disclose information about you, including your content, in order to: (a) comply with the law or respond to lawful requests or legal process; or (b) protect the rights or property of ROCKET CASH or our customers, including the enforcement of our agreements or policies governing your use of the Service. You further agree and acknowledge that Registration Data from the registration process is used to send you information about ROCKET CASH and the Service. The terms of our Privacy Policy are incorporated by reference and form part of this Agreement.

(b) After you are registered to use the Service, you agree with ROCKET CASH fees which shall be charged automatically from your account with us. Your continued use of the Service shall constitute your agreement to the fees, but you can cancel your use of the Service and close the account at any time by informing us via email . 

(c) Where a customer has multiple accounts, that customer’s accounts may be linked. You expressly acknowledge that if you elect to provide additional users with access to your account, then those users will have the ability to view all linked accounts.

4. Consent to Electronic Communications 

(a) By registering to use the Service, you confirm and agree that we may communicate with you by Electronic Communication regarding the Service, including but not limited to: (i) notices about your use of the Service, including any notices concerning violations of use; (ii) updates; and (iii) promotional information and materials regarding our products and services, via e-mail. 

You may reject receiving promotional e-mails from us by contacting us via email . 

(b) Any Electronic Communication that we receive from you, or in your name, or purporting to be from you or in your name or any other person on your behalf in connection with our Services, will be considered duly authorized by and enforceable against you. ROCKET CASH will be authorized to rely and act on any such Electronic Communication.

5. Indemnification

You agree to indemnify, defend, and hold harmless ROCKET CASH, its employees, members, directors, managers, officers or agents from and against any loss, liability, damage, penalty or expense (including attorneys’ fees, expert witness fees and cost of defense) they may suffer or incur as a result of (i) any claim by you for reimbursement of a pre-authorized debit initiated by ROCKET CASH, i.e. the fees, if you have not given us notice that you do not agree to the fees or you terminate the agreement (ii) any failure by you or any of your employees, agents or subcontractors to comply with the terms of this Agreement; (iii) any warranty or representation made by you being false or misleading; (iv) any representation or warranty made by you or any of your employees, agents or subcontractors to any third person other than as specifically authorized by this Agreement, (v) negligence of you or any of your employees, agents or subcontractors, or (vi) any alleged or actual violations by you or any of your employees, agents or subcontractors of any payment card association rules, governmental laws, regulations or rules.

6. Updates to the Service

ROCKET CASH reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with prior notice. You agree that ROCKET CASH shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

7. Termination and Cancellation

(a) You may cancel your use of the Service at any time. Your cancellation does not affect any in progress payments or your obligation to pay outstanding fees.

(b) You agree that your right to cancel your use of the Service shall be your sole right and remedy if you object to: (1) any term of this Agreement or our enforcement or application of any such term; (2) any policy or practice of ROCKET CASH, including our Privacy Policy, or our enforcement or application of these policies; (3) the content available through the Service or any change in content provided through the Service; or (4) the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods.

8. Remedies

Except as set out in section 7(b), the rights, remedies, and powers provided to a party under this Agreement are cumulative and in addition to, and are not exclusive of or in substitution for, any rights, remedies, and powers otherwise available to that party.

9. General

(a) Notice

All notices made under this Agreement must be in writing and delivered via a carrier that provides a tracking number and/or other proof of delivery. Notices to ROCKET CASH must be sent to: 155 East Beaver Creek Rd, 24-147, Richmond Hill, Ontario, Canada, L4B2N1with copy (which shall not constitute legal notice) via email to:  will be deemed effective upon receipt. ROCKET CASH may provide you with effective notice under this Agreement by any of the following means: (a) via mail at the address designated in any application or registration you submit to ROCKET CASH; (b) electronically, through Services, through electronically available statement(s), or through any other means of electronic communication maintained by us which you may access, or electronically posting online; or (c) electronically, via any email address designated by you. You expressly consent to receive documents and notices electronically and agree to maintain access to the Internet for so long as this Agreement is in effect.

(b) No partnership, etc.

Nothing contained in this Agreement will create a partnership, joint venture, principal-and-agent relationship, or any similar relationship between the parties.

(c) Severability

The invalidity or unenforceability of any term of this Agreement will not affect or limit the validity or enforceability of the remaining provisions.

(d) Waiver

No term or condition of this Agreement may be waived unless both parties sign a written waiver.

(e) Force Majeure

“Force Majeure” means any act, occurrence, condition, or event beyond the control of a party that materially affects the performance of that party’s obligations under this Agreement that could not reasonably have been foreseen or provided against, including such events as fires, power or equipment failures, labour strife, civil unrest, non-performance of our vendors or our suppliers and acts of God, but not including general economic conditions. Neither party is responsible for damages caused by delay or the failure to perform any of its obligations under this Agreement when the delay or failure is the result of Force Majeure. If a party contends that any of its obligations is suspended by reason of Force Majeure, that party must give notice to the other party, providing all necessary details. That party must give a similar notice as promptly as reasonably practicable when Force Majeure has ended.

(f) Survival

Without limiting the applicability of other terms and conditions of this Agreement, the terms of this Agreement that, by their nature, are intended to survive any purported or actual termination or expiry of this Agreement will so survive, including but not limited to Section 2 (Use of the Service), 3 (Registration), 4 (Consent to Electronic Communications), 5(Indemnification), 8 (Remedies), 9 (General) and 10 (Governing Law) and all additional terms and conditions necessary for the correct interpretation of the foregoing. Further, all monetary and non-monetary obligations of the parties owing and/or to be performed or discharged prior to the date of termination will survive termination until they have been performed or discharged.

(g) Construction

No provision of this Agreement shall be construed against any party merely because that party or counsel drafted or revised the provision in question. All parties have been advised and have had an opportunity to consult with legal counsel of their choosing regarding the force and effect of the terms set forth herein.

(h) Assignment

Either party shall be permitted to assign this Agreement to an affiliate or to a purchaser of all or substantially all the shares or assets of the party upon written notice to the other party.

(i) Headings

The headings used in this Agreement and its division into articles, sections, schedules, exhibits, appendices, and other subdivisions do not affect its interpretation. Unless the context requires otherwise, words importing the singular number include the plural and vice versa; words importing gender include all genders.

(j) Enurement

This Agreement ensures to the benefit of and binds the parties and their respective successors and permitted assigns.

10. Governing Law

(a) The laws of Ontario and the laws of Canada applicable in that province, excluding any rule or principle of conflicts of law that may provide otherwise, govern this Agreement.

(b) When Ontario law governs, the parties irrevocably attorn to the jurisdiction of the courts of Ontario, which will have non-exclusive jurisdiction over any matter arising out of this Agreement.

(c) Language

It is the express wish of the parties that this agreement and any related documents be drawn up in English. Il est de la volonté expresse des parties que cette convention ainsi que tout document connexe soient rédigés en langue anglaise.