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Terms of Service

Effective Date: December 2024 ​

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Welcome to Vacacash.com!

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www.vacacash.com is a property of Zimba Inc. (hereinafter collectively referred to as “Zimba,” “us,” “we,” “our,” or “Company”), has created the following terms of service (“Terms of Service”, “Agreement”, "Terms") to apply to all users and clients of this website (“Site”), and all digital assets contained or offered therein (collectively, our “Services”). 

 

If you do not agree to these Terms, please do not use our Website or Services.


1. Accepting the Terms

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING THE SITE OR THE SERVICES, YOU AGREE TO BE BOUND BY THE TERMS OF SERVICE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF SERVICE, YOU MAY NOT ACCESS OR USE THE SITE OR THE SERVICES. You may not use the Site or the Services, or accept these Terms of Service, if (a) you are not of legal age to form a binding contract with the Company or (b) you are prohibited by law from receiving or using the Services.

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These Terms of Service are written in the English language. We do not guarantee the accuracy of any translated versions of these Terms of Service. To the extent any translated versions of these Terms of Service conflict with the English language version, the English language version of these Terms shall control. If you reside outside of the Province of Quebec: the Company may modify any aspect of these Terms of Service from time to time.

 

Any and all changes to these Terms of Service will be posted on the Site. The Terms of Service will always indicate the date it was last revised. When you use the Services after those changes are posted, you are deemed to have accepted the new Terms of Service and agree to be bound by any changes to the Terms of Service.

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If you reside in the Province of Quebec:

  • You agree that the Company has the right, upon at least 30 days’ notice before any amendment comes into force, to amend any aspect of the Terms of Service by sending a notice setting out (i) exclusively the new clause(s), or the amended clause(s) and the clause(s) as they formerly read, and (ii) the date of the coming into force of the amendment. If a proposed amendment entails an increase in your obligations or a reduction in the Company's obligations, you may refuse the proposed amendment and cancel this agreement without cost, penalty or cancellation indemnity by sending the Company a notice about the termination of your participation no later than 30 days after the amendment comes into force.

  • The parties hereby confirm that they have requested that this Agreement and all related documents be drafted in English. Les parties ont exigé que le présent contrat et tous les documents connexes soient rédigés en anglais.
     

2. Privacy and your Personal Information

For information about the Company's personal information practices, please read our Privacy Policy, which is hereby incorporated into these Terms of Service. This policy explains how the Company treats your personal Information (as defined by the Privacy Policy) when you use the Site and/or Services. The policy may be updated from time to time. Changes will be effective upon posting to the Site.
 

3. Account Information from Third Party Sites 

Users may direct the Company to retrieve their own financial transaction-related information maintained online by third parties with which they have a relationship, maintain an account or engage in financial transactions (“Account Information”), including, without limitation, bank account information. The Company works with one or more online service providers to access this Account Information.

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The Company cannot always foresee or anticipate technical or other difficulties which may result in failure to obtain data or loss of data, personalization settings or other service interruptions. The Company cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or personalization settings. Information may be more up-to-date when obtained directly from the relevant sites. You can update your Account Information through the Services, in the manner prescribed in the associated instructions.
 

4. Earning Rewards – Notice of Financial Incentives

To begin earning cash back, you must follow the enrollment instructions on the website, including by signing up using a valid email address. Once you have completed the on-boarding process, you must link a valid qualifying debit or credit card to your account in order to be eligible to earn cash back. Some exclusions may apply and the Company reserves the right to determine in its sole discretion whether a linked debit or credit card qualifies to participate and earn cash back. 

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By using the Services, you will have the opportunity to earn cash back based on actions that you may take or transactions that you may conduct as described in a particular offer (“Offer”) made by the Company, by a merchant via the Site, or by another third party via the Site. Offers and rewards may be subject to additional terms, conditions and restrictions that are set by us, a merchant or third party. Such terms, conditions and restrictions may be updated, modified, suspended, or cancelled at any time without notice to you. If there is a conflict between these Terms and the terms and conditions of any Offer, unless explicitly provided otherwise in these Terms, the Offer terms and conditions will control. Offers are not transferable. Offers may not be made available to all users.

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The applicable merchant determines whether you have satisfied the conditions of the  Offer. The Company does not control the merchants and is bound by their decisions. If you disagree with any merchant’s decision, you may dispute that issue directly with the merchant but agree that we and our technology partners have no liability to you for such claim or with respect to any other dispute or interaction between you and the merchant.

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Cash back is earned as described in an Offer, and when made on an eligible purchase is based on your gross purchase amount, which includes taxes, fees, shipping, gift-wrapping, discounts or credits, returns or cancellations, and extended warranties. Cash back is earned on gross dollars spent (up to two decimals) for eligible purchases, and are rounded down. No cash back will be earned for any purchases made prior to creating an account with the Company and linking your applicable credit or debit card to your account with the Company. Cash back is not transferable. Rewards, user accounts, and benefits are non-transferrable. Purchases of other categories of products and/or services may not qualify for rewards as determined by the Company in its sole discretion and as required by law (and notwithstanding any inconsistent terms and conditions contained in an Offer). Cash back amounts may vary by merchant, store and product category and may contain exclusions in the terms of the Offer. Please review these terms carefully.

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Cash back will only be issued for bona-fide completed transactions as described in an Offer. You may not set up multiple accounts for yourself, your family members and other affiliates, impersonate or use another person’s account, or use any manual or automated means (such as for example, a macro, script, ‘bot, use of a ‘click farm’, etc.), or engage in any other behavior or use of our products that is inconsistent with their normal and intended use, to circumvent these restrictions. If we or a trusted third-party determine that you attempted to earn cash back using such methods or any other fraudulent or deceptive means, we reserve the right to withhold any and all of your cash back, terminate your user account, and/or report you to the authorities. We reserve the right to investigate any transaction or activity that we believe, in our sole discretion, is abusing or has abused any Offer, reward or other promotion that we or any third party may provide through us.

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We do not warrant the accuracy of timeliness of the information displayed via the Site or the Services. Descriptions of Offers may include inaccuracies, including, but not limited to typographical or other errors. You agree that neither we nor the merchant/partner(s) are responsible for such errors and that both we and the merchant reserve the right to correct them when they are discovered. We and our merchants/partners reserve the right to cancel all transactions affected by such errors, refund all amounts paid and withhold all cash back associated with such transactions, without any liability to you.
 

5. Qualifying Transactions

The Company needs to protect the program for all users by ensuring that cash back is earned for legitimate transactions. Users may earn cash back with the Company in connection with spending activity for commercial, personal and household purposes (“Qualifying Transactions”). The Company maintains the right to review the accrual of points and to determine, in our absolute discretion, if certain transactions qualify for Offers. The Company may reverse cash back accruals that have already been processed if a transaction is deemed by us, upon review, to not constitute a Qualifying Transaction. The Company may also disable accounts that engage in repeated non-Qualifying Transaction activity. Not all Qualifying Transactions may be eligible for cash back if we are unable to obtain certain transaction information from the payment card network associated with your Account Information.

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Without limiting any of the other terms of this Agreement, if you return, charge back, cancel, dispute, or otherwise request a refund for a Qualifying Transaction for which you have already received cash back, we will reduce the balance of cash back in your account by the amount of cash back you received for such transaction(s). If the cash back balance in your account is less than the amount of cash back you received for such transaction(s), we will offset the applicable amount of cash back from the cash back you would otherwise receive for future Qualifying Transactions. It is your responsibility to check your account regularly to ensure that cash back has been properly credited and that your account balance is accurate. Should you disagree with any adjustments made to your account, your sole remedy is to cease use of the Site and the Services.
 

6. Redemption

Cash back redemption is facilitated through the Site. By accepting this Agreement, you agree to have your cash back redeemed in the manner or methods available through the Site. We reserve the right to set a minimum redemption threshold whereby a user cannot redeem their cash back without being charged a transaction fee set by us. You hereby agree to being charged a transaction fee if you do not meet the minimum redemption threshold and choose to redeem your cash back. The minimum redemption threshold and transaction fee are set by the Company and may change from time to time at our discretion. If a transaction fee applies to a cash back redemption, we will disclose the amount of the fee to you before proceeding with that redemption.

Currently, the Company facilitates cash back redemption through Interac e-Transfer. The Terms of Use of Interac e-Transfer are available at: https://www.interac.ca/en/interac-e-transfer-terms-of-use.html.
 

7. Use of Funds

You agree and acknowledge that accrued funds will be held by us as trustee and that we may hold such monies in any account as we see fit, including with our own and/or other users' monies. We are not a fiduciary for any user and have no fiduciary obligations. User funds may be used to support operations and growth of the Company.
 

8. Modification and Termination of the Rewards Program and Benefits

The Company may change or terminate the Services, associated cash back rewards and benefits at any time, for any reason and without notice. The Company may make changes that affect, without limitation, processes, benefits, levels, rules for earning and redeeming cash back, cash back redemption levels, availability of cash back, reward types, availability of Offers, and participation in the Services.

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The Company may terminate the Services with two week’s advance notice to all active users. At the Company's sole discretion, we may choose to substitute a similar rewards program at any time immediately upon notice to active users. A user may not accumulate or redeem cash back or any other benefits after the termination of the program. If the program is terminated, upon termination, all unredeemed cash back will be forfeited without any obligation or liability, and points claims will no longer be honored. The Company may terminate the program in whole or in part, in any jurisdiction, on less than two week’s notice if required to do so by applicable law, as determined by the Company in its reasonable discretion.

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All cash back offers are subject to availability and may be changed at any time without notice. By accepting these Terms, each user acknowledges that they are solely responsible for determining whether they are eligible to participate in the Services under applicable laws, gift policies, and incentive policies. At any time and in the Company's  sole discretion (including where a user was not eligible to earn certain cash back according to these Terms of Service), the Company may correct the amount of cash back shown as credited to a user’s account.
 

9. Your Registration Information

In order to use the Services, you will need to sign up for an account with the Company by providing your email address (“LoginID”) and other requested information. Once you submit the required registration information, we alone will determine whether or not to approve your proposed account. We may use the information you provide to verify your identity when you contact us. You authorize us to make any inquiries we consider necessary to validate your identity. If you do not provide the requested information or we cannot verify your identity, we may refuse to allow you to use the Services. For so long as you use your account with the Company, you agree to provide true, accurate, current, and complete information which can be accomplished by logging into your account and making relevant changes.

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You agree and understand that you are responsible for maintaining the confidentiality of your password which, together with your LoginID, allows you to access the Site and Services. That LoginID and password, together with any mobile number or other information you provide form your “Registration Information.” By using the Site and/or Services, you agree to receive all required notices electronically, either through the Services by displaying links to notices or via notices sent to your LoginID. It is your responsibility to update or change your LoginID, as appropriate. Email notices will be provided in HTML (or, if your system does not support HTML, in plain-text) in the text of the e-mail or through a link to the appropriate page on our site, accessible through any standard, commercially available internet browser. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Site or Services. These electronic communications are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.

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You are responsible for complying with these Terms of Service when you access and use the Site and/or Services. Because it is your account, it is your job to obtain and maintain all equipment and services needed for access to and use the Services as well as to pay any related charges. It is also your responsibility to maintain the confidentiality of your account. If you become aware of any unauthorized use of your Registration or Account Information for the Services, you agree to notify the Company immediately at the email address chat@gozimba.com. In addition, if you believe that your Registration or Account Information or device that you use to access the Services has been lost or stolen, that someone is using your account without your permission has occurred, you must notify the Company immediately in order to minimize possible losses.
 

10. Your Use of the Services

Your right to access and use the Site and the Services is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use the Site and Services for lawful purposes. You must provide true, accurate, current and complete information about your accounts maintained at other web sites, as requested in our “link account” setup forms, and you may not misrepresent your Registration and Account Information. If you do not do this, the accuracy and effectiveness of the Services will be affected and you may not be able to use the Services. You represent that you are a legal owner of, and that you are authorized to provide us with, all Registration and Account Information and other information necessary to facilitate your use of the Services.

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Your access and use of Services may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Services or other actions that the Company, in its sole discretion, may elect to take. In no event will the Company be liable to any party for any loss, cost, or damage that results from any scheduled or unscheduled downtime.

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Your sole and exclusive remedy for any failure or non-performance of the Services, including any associated software or other materials supplied in connection with such services, shall be for the Company to use commercially reasonable efforts to effectuate an adjustment or repair of the applicable service.

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From time to time, the Company may include new and/or updated pre-release features and trial use (“Preview” features) in Services for your use and which permit you to provide feedback. You understand and agree that your use of Preview features is voluntary and that the Company is not obligated to provide you with any Preview features or to incorporate any Preview features into future general releases. Furthermore, if you decide to use the Preview features you agree to abide by any rules or restrictions the Company may place on them. You understand that once you use the Preview features, you may be unable to revert back to the earlier version of the same or similar feature. Additionally, if such reversion is possible, you may not be able to return or restore data created within the Preview feature back to the earlier version. The Preview features are provided on an “as is” basis and may contain errors or inaccuracies that could cause failures, corruption or loss of data and/or information from any connected device. You acknowledge and agree that all use of the Preview features is at your sole risk.
 

11. Fees and Taxes

The Company currently charges no fees for access and use of the Site or Services, but we reserve the right to charge such fees for the Services. We will notify you before charging any fees for the Services by email, by posting information about such fees on the Site, as applicable, or by any other method permitted by applicable law. If you continue accessing or using the Site and/or Services after such notice, you must pay all applicable fees.

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You may be taxed on your receipt or redemption of cash back depending on applicable tax laws. You acknowledge and agree that you are solely responsible for any and all tax liability arising out of your use of the Site and Services and any consideration you receive as a result thereof. You are also responsible for making all applicable disclosures to third parties.

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Any unspecified expenses related to the enrollment or use of the Services, including without limitation the cash back program, are solely the user’s responsibility. The Company will not be liable for any tax liability, duty, or other charges in connection with the issuance of points or any other Service or rewards program benefits.
 

12. Intellectual Property Rights

The contents of the Site and Services, including its “look and feel” (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including html-based computer programs) and other material are protected under the laws of Canada and other applicable countries. Such content belongs or is licensed to the Company or its software or content suppliers. The Company grants you the right to view and use the Services subject to these Terms of Service. You may download or print a copy of information for the Services for your personal, internal and non-commercial use only. Any other distribution, reprint or electronic reproduction of any content from the Services in whole or in part for any other purpose is expressly prohibited without our prior written consent. You agree not to use, nor permit any third party to use, the Site or the Services or content in a manner that violates any applicable law, regulation or this Agreement.

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​The Site and Services include registered and unregistered trademarks that belong to the Company. Other trademarks, names and logos found in the Site and Services are the property of their respective owners.
 

13. Acceptable Use, Access and Interference

Unauthorized use of the Site and/or Service may result in violation of various Canadian and international copyright laws. Unless you have written permission from us stating otherwise, you are not authorized to use the Site, Services or any part thereof in any of the following ways (these are examples only and the list below is not a complete list of everything that you are not permitted to do):
 

  • In conjunction with any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor the Services or any portion of the Services, without the Company's express written consent, which may be withheld in our sole discretion;

  • In conjunction with any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the services, other than the search engines and search agents available through the Services and other than generally available commercially available web browsers;

  • To post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of the Services;

  • To attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Services.

  • In a manner that modifies, publicly displays, publicly performs, reproduces or distributes any part of the Site or Services;

  • In a manner that violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law;

  • To stalk, harass, or harm another individual;

  • To impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;

  • To interfere with or disrupt the Services or the servers or networks connected to the Services; or

  • To attempt to gain unauthorized access to any portion of the Services or any other accounts, computer systems, or networks connected to the Services, whether through hacking, password mining, or any other means.
     

14. Disclaimer of Representations and Warranties

THE SITE, SERVICES, INFORMATION, DATA, FEATURES, AND ALL CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH THE SERVICES OR PROVIDED THROUGH THE SERVICES (WHETHER OR NOT SPONSORED) ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. THE COMPANY, ITS AFFILIATES, AND ITS THIRD PARTY PROVIDERS, LICENSORS, DISTRIBUTORS OR SUPPLIERS (COLLECTIVELY, "SUPPLIERS") MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF THE SITE OR OF THE SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.

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NEITHER THE COMPANY OR ITS SUPPLIERS MAKE ANY REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON THE SITE OR OF THE SERVICES (WHETHER OR NOT SPONSORED), AND EXPRESSLY DISCLAIMS ANY WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. NEITHER ZIMBA OR ITS SUPPLIERS MAKE ANY REPRESENTATION, WARRANTY, CONDITION OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICES IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.

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SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH JURISDICTIONS LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTION 14 MAY NOT APPLY TO YOU
 

15. Limitations on Zimba's Liability

EXCEPT WHERE PROHIBITED BY LAW, WHICH MAY INCLUDE THE PROVINCE OF QUEBEC, BUT TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, LOSS OF PROFIT, REVENUE OR BUSINESS, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO THE SITES, YOUR USE OF THE SERVICES, THE SITE OR THIS AGREEMENT, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

YOU AGREE THAT THE MAXIMUM AGGREGATE LIABILITY THAT WE, OUR TECHNOLOGY PARTNERS AND OUR MERCHANTS MAY HAVE TO YOU FROM ANY CLAIMS YOU MAY HAVE REGARDING ANY CASH BACK REWARDS ARE LIMITED TO A LIFETIME AMOUNT OF $1,000 CAD, WHETHER IN A SINGLE CLAIM OR MULTIPLE CLAIMS. YOU MAY NOT CIRCUMVENT THIS LIMITATION BY CREATING MULTIPLE ACCOUNTS, MEMBERSHIP OR THE LIKE. 
 

16. Your Indemnification of Zimba

You agree to indemnify and hold harmless the Company and its officers, directors, shareholders, and employees, from and against all claims, suits, proceedings, losses, liabilities, and expenses, whether in tort, contract, or otherwise, that arise out of or relate, including but not limited to reasonable legal fees, in whole or in part arising out of or attributable to your breach of this Agreement, the Site or your use of the Services. 
 

17. Ending your Relationship with Zimba

This Agreement will continue to apply until terminated by either you or the Company as set out below. If you want to terminate your legal agreement with the Company, you may do so as follows: To close your account, please email chat@gozimba.com. Once your account has been deleted, your cash back balance will be forfeited and will no longer be accessible.

 

The Company may at any time, terminate its legal agreement with you and access to the Services:

​a. if you have breached any provision of this Agreement (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of this Agreement);

​b. if the Company in its sole discretion believes it is required to do so by law (for example, where the provision of the Service to you is, or becomes, unlawful); or

​c. for any reason and at any time with notice to you.

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You acknowledge and agree that the Company may immediately deactivate or delete your account and all related information and files in your account and/or prohibit any further access to all files and the Services by you. Further, you agree that the Company shall not be liable to you or any third party for any termination of your access to the Services.
 

18. Modifications

The Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site or Services with or without notice. If you do not agree to the changes after receiving a notice of the change to the Services, you may stop using the Services. Your use of the Services, after you are notified of any change(s) will constitute your agreement to such change(s). Participation in Services and benefits are offered at the sole discretion of the Company. The Company reserves the right, at its sole discretion, to limit, suspend, cancel, discontinue, terminate, change, amend, or modify the rewards program, in whole or in part, at any time and without notice to users (including the Company's right to expire cash back, adjust the amount of cash back earned for each whole gross dollar in purchases made, or modify reward levels or reward benefits). The Company reserves the right to terminate or suspend participation or accumulated cash back due to fraud or misuse, breach of these Terms of Service, and for any other reason identified in these Terms of Service. The rewards program is void where prohibited by law.
 

19. Governing Law and Forum for Disputes

The validity, interpretation, construction, and performance of these Terms shall be governed by the laws of the province or territory in which you reside. If any clause in this agreement is found to be illegal or unenforceable, that clause will be severed and the remainder will be given full force and effect.

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EXCEPT WHERE PROHIBITED BY LAW, WHICH MAY INCLUDE THE PROVINCE OF QUEBEC, any controversy, claim or dispute arising out of, relating to, or in respect of these Terms, including their negotiation, validity, existence, breach, termination, construction or application, or the rights, duties or obligations of any party, or the rights, duties or obligations of any party derived from or associated with these Terms (a “Dispute”), shall be referred to and determined by a single arbitrator in a final and binding arbitration administered under the rules of ADR Institute of Canada, Inc.’s Arbitration Rules. If the parties have not agreed upon an arbitrator within 14 days, unless otherwise agreed by the parties in writing, the parties shall ask the ADR Institute of Canada, Inc. to appoint a single arbitrator. 

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The seat of the arbitration shall be the same as the provincial or territorial law governing these Terms. The arbitration shall be heard in the capital of the seat, unless the parties agree otherwise. The costs and expenses of the arbitrator shall be shared equally between the parties. A party to the arbitration has no right of appeal from any award of the Arbitrator, whether characterized as final, interim, interlocutory or partial. 

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All Disputes referred to arbitration (including the scope of the agreement to arbitrate, the law relating to the enforcement of the agreement to arbitrate, any relevant limitation periods, the law governing the procedure of the arbitration, the law relating to available remedies, set-off claims and conflict of laws rules) shall be governed by the law of the seat. Each party hereby irrevocably consents to venue in the capital of the seat, and to the jurisdiction of competent courts in the capital of the seat for all litigation that may be brought, however it is agreed and acknowledged that the intention of the parties is to arbitrate the Dispute without recourse to the courts.

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A party to these Terms may take such steps as are permitted or required to enforce an award made by an Arbitrator. Except as required by law, and only to the extent that such disclosure is reasonably necessary, or for the purposes of obtaining professional advice, the existence of the arbitration and any element of the arbitration, including any award, shall be confidential and shall not be disclosed to any non-party to the arbitration. No document or other evidence or information prepared for or produced by or on behalf of any party to the arbitration shall be disclosed to any non-party to the arbitration.
 

20. Severability

If any portion or provision of this Agreement shall to any extent be declared illegal or unenforceable by a court of competent jurisdiction, then the remainder of this Agreement, or the application of such portion of provision in circumstances other than those as to which it is so declared illegal or unenforceable, shall not be affected thereby, and each portion and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law.
 

21. Email Communications

The Company will be solely responsible for all regulatory and other obligations under Applicable Law associated with the Company’s solicitation or client relationship, including , but not limited to, Canada’s Anti-Spam Legislation (CASL), do not solicit, or do not call obligations. We use email and electronic means to stay in touch with you.

You (i) consent to receive communications from us in an electronic form via the email address you have submitted or via the Service or directly through the Site; and (ii) agree that the agreements, including all terms, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing.
 

22. Headings

The headings, captions, and summaries in this Agreement are for convenience only and in no way define or describe the scope or content of any provision of this Agreement.
 

23. Contact Us

If you have any questions about these Terms of Service or otherwise need to contact us for any reason, you can reach us by mail or email:

 

Zimba Inc.,

204 The West Mall, Suite 900,

Etobicoke, ON M9C 1C5, CANADA,

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email: chat@gozimba.com

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