Effective Date: January 1, 2015
This User Agreement (“Agreement”) is a contract between you and Bluzelle and applies to your use of Bluzelle services. You must read, agree with and accept all of the terms and conditions contained in this Agreement. Bluzelle is a owned and operated by Bluestreet Finance Inc. All references to Bluzelle also refer to the company Bluestreet. This is an important document, which you must consider carefully when choosing whether to use Bluzelle services. PLEASE READ THIS AGREEMENT CAREFULLY. BY REGISTERING FOR, ACCESSING AND USING BLUZELLE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT. IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MUST IMMEDIATELY CEASE YOUR USE OF BLUZELLE. THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION, WHICH AFFECTS YOUR LEGAL RIGHTS AND MAY BE ENFORCED BY THE PARTIES. You agree that disputes between you and Bluzelle will be resolved by binding, individual arbitration and you waive your right to participate in a class action lawsuit or class-wide arbitration.
1. Our Relationship with You
1.1 Bluzelle operates a prepaid access program based on the Ripple Protocol (XRTP) that allows users to create online wallets on the Ripple Network, top up the wallets with balances denominated in CAD dollars and redeem balances from Ripple wallets. Bluzelle does not allow users to perform payments to any third party accounts.
1.3 Privacy of Others; Marketing. If you receive information about another user through Bluzelle services, you must keep the information confidential and only use it in connection with Bluzelle services. You may not disclose or distribute a user’s information to a third party or use the information for marketing purposes unless you receive the user’s express consent to do so. You may not send unsolicited email to a user through Bluzelle.
1.4 Intellectual Property. “Bluzelle.com”, “Bluzelle.net”, “Bluzelle.ca”, “Bluzelle”, and all logos related to Bluzelle services are either trademarks, or registered marks of Bluzelle or its licensors. 1.5 Password Security and Keeping Your Email and Address Current. You are responsible for maintaining adequate security and control of any and all IDs, passwords, personal identification numbers (PINs), or any other codes that you use to access Bluzelle services. You are responsible for keeping your email address up to date in your Account Profile. 1.6 Notices to You. You agree that Bluzelle may provide you communications about your Account and Bluzelle services electronically. 1.7 Notices to Bluzelle. We prefer receiving notices to Bluzelle electronically through our support system at [email protected] Paper notifications can also be sent to Bluzelle ℅ Bluestreet Finance, Inc., 720-2755 Lougheed Highway, Port Coquitlam, BC V3B 5Y9.
2.1 Eligibility. To be eligible to use Bluzelle services, you must be at least 18 years old. Bluzelle provides service only for Canadian residents.
2.2 Identity Authentication. If you wish to use Bluzelle services, you authorize Bluzelle, directly or through third parties, to make any inquiries we consider necessary to validate your identity. You agree to prove true and accurate personal information, including your residential address. P.O.Box is not accepted as residential address.
2.3 Third Party Applications. If you grant express permission to a third party to connect to your Bluzelle account, either through the third party’s product or through Bluzelle, you acknowledge that granting permission to a third party to take specific actions on your behalf does not relieve you of any of your responsibilities under this Agreement. Further, you acknowledge and agree that you will not hold Bluzelle responsible for, and will indemnify Bluzelle from, any liability arising from the actions or inactions of this third party in connection with the permissions you grant. You may change or remove these permissions at any time from the Account Settings (Integrations) page.
2.4 Taxes. It is your responsibility to determine what, if any, taxes apply to the payments you make or receive, and it is your responsibility to collect, report and remit the correct tax to the appropriate tax authority. Bluzelle is not responsible for determining whether taxes apply to your transaction, or for collecting, reporting or remitting any taxes arising from any transaction.
3. Ripple Wallet Balances
3.1 Bluzelle may cancel potentially high-risk top ups or withdrawals from Ripple wallets, including top ups made using reversible payment methods.
3.2 Bluzelle does not store customer’s funds. You may have to manually initiate the withdrawal of the proceeds to your own account outside of Bluzelle. Bluzelle accounts are established for storing your transactions information only.
3.3 Redemption funds are kept on Bluzelle accounts in Canadian banks. Withdrawals are processed via payment methods that are available through these banks.
3.4 Bluzelle does not have access to customers’ Ripple wallets. Names, password and secrets that allow access to customers’ Ripple wallets are never asked for, recorded or stored by Bluzelle.
3.5 Ripple wallets are created and supported by open source Ripple Protocol. Bluzelle does not guarantee stability, availability or any functions of the Ripple network. You may lose access to your Ripple wallet and to all your funds if the network ceases to operate for any reason. Ripple wallet credentials are non-recoverable if lost or forgotten. Transactions performed by you or generated automatically by Ripple network may change your balance or nullify it. You are responsible for safeguarding credentials of your Ripple wallet, any unauthorized access is your responsibility. You use Ripple technology at your own risk.
3.6 Bluzelle reserves the right to change top up and withdrawal limits on your account as we deem necessary.
4. Restricted Activities
In connection with your use of Bluzelle services, other users, and third parties you will not:
- Violate any law, statute, ordinance, or regulation (for example, those governing financial services, controlled substances, or consumer protections);
- Intentionally try to defraud Bluzelle or other Bluzelle users;
- Infringe Bluzelle’s or any third party’s copyright, patent, trademark, or intellectual property rights;
- Provide false, inaccurate or misleading information;
- Take any action that imposes an unreasonable or disproportionately large load on our infrastructure; or detrimentally interfere with, intercept, or expropriate any system, data, or information.
5. Disputes with Bluzelle
5.1 Indemnification. You agree to indemnify and hold Bluzelle, its parent, the officers, directors, agents, joint venturers, and employees harmless from any claim or demand (including attorneys’ fees) arising out of your breach of this Agreement or your use of Bluzelle services.
5.2 Release of Bluzelle. If you have a dispute with one or more users, you release Bluzelle (and our parent, officers, directors, agents, joint ventures, employees and suppliers) from any and all Claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes. In addition, you waive any protection available to you under Canadian laws.
5.3 Disputes with Bluzelle. If you think we have made an error, write to us at Bluzelle ℅ Bluestreet Finance Inc. 720-2755 Lougheed Highway, Port Coquitlam, BC V3B 5Y9, or email us at [email protected]. In your correspondence, you must give us information sufficient to identify you, your account, and the transaction on which you believe an error occurred. You must contact us within 30 days after the transaction occurred. Within 90 days of receiving your request, we must either correct the error or explain to you why we believe the transaction was correct.
6. General Provisions
6.1 Limitations of Liability. IN NO EVENT SHALL WE, OUR PARENT, THE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES AND SUPPLIERS OF BLUZELLE OR OUR PARENT BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR WEBSITE, BLUZELLE SERVICES, OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). Some provinces do not allow the exclusion or limitation of incidental or consequential damages so the above limitation or exclusion may not apply to you. OUR LIABILITY, AND THE LIABILITY OF OUR PARENT, OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE ACTUAL AMOUNT OF DIRECT DAMAGES.
6.2 No Warranty. BLUZELLE SERVICES ARE PROVIDED “AS IS” AND WITHOUT ANY REPRESENTATION OF WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY. BLUZELLE, OUR PARENT, THE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES AND SUPPLIERS OF BLUZELLE OR OUR PARENT SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Bluzelle does not have any control over the products or services that are paid for with Bluzelle does not guarantee continuous, uninterrupted or secure access to any part of Bluzelle services, and operation of our site may be interfered with by numerous factors outside of our control. Bluzelle will make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts, credit cards, and check issuances are processed in a timely manner but Bluzelle makes no representations or warranties regarding the amount of time needed to complete processing because Bluzelle services are dependent upon many factors outside of our control, such as delays in the banking system or the Canadian or international mail service. Some provinces do not allow the disclaimer of implied warranties, so the foregoing disclaimers may not apply to you. This paragraph gives you specific legal rights and you may also have other legal rights that vary from state to state.
6.3 Refusal of Services. You understand and agree that you may not be able to top up your Ripple wallet or withdraw funds via Bluzelle if your Bluzelle account is closed, suspended, has a hold placed on it or is otherwise limited. You understand and agree that Bluzelle is not responsible for any losses or liability resulting from actions taken against Your Account as detailed in this section. You understand and agree that the decision by Bluzelle to take certain actions, including placing holds on or limiting access to Your Account may be based on confidential criteria that are essential to risk management or security concerns. You understand and agree that Bluzelle is not under any obligation to disclose the details of its risk management or its security procedures to You. You understand and agree that Bluzelle is authorized to take the following actions due User misconduct or Security Concerns: Place a Hold on Your Account for Up to 90 days; Temporarily or Permanently Suspend or otherwise Limit Your Access to Your Account; contact Your bank or credit card issuer, and/or warn other Users, law enforcement, or impacted third parties of Your actions; and/or take legal action against you.
6.4 Termination. We may terminate your access and use of any part of the Bluzelle services at any time, without notice, if you are in breach of any of the Website Terms and Conditions or for any other reason. We reserve the right to cease operating Bluzelle services and any of our websites at any time without notice.
6.5 Multiple Accounts and Dual Log In Sessions. You understand and agree that You may not maintain multiple Accounts or use multiple Accounts simultaneously. You understand and agree that Bluzelle may provide your usage information and personal information to provincial or federal law enforcement in accordance with applicable law. Any misuse or misrepresentation of the Bluzelle System (including, but not limited to, attempting to use multiple Accounts) may result in suspension of Your Account or other actions. Bluzelle Accounts are also not eligible for dual log in sessions, meaning that a User of a personal account may not simultaneously be logged in to his or her User Account on more than one page or from more than one location. In the event a second log in session is initiated, You agree Bluzelle may disconnect both log in sessions and require any User to revalidate the Account. 6.4 Arbitration. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled on an individual basis in accordance with the Canadian Arbitration Association’s rules for arbitration of consumer-related disputes and you and Bluzelle hereby expressly waive trial by jury. The arbitration shall take place in Toronto, Ontario in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees.
6.5 Time Limitation on Claims. You agree that any claim you may have arising out of or related to your relationship with Bluzelle must be filed within one year after such claim arose; otherwise, your claim is permanently barred.
6.6 Changes to the website terms and conditions. We may, at any time, with immediate effect, change, suspend or withdraw Bluzelle Services and this User Agreement without notice and without liability to you. If we revise this User Agreement, we will post the revised version on the Website. You are expected to check our User Agreement from time to time to take notice of any changes we make, as they are binding on you. By using Bluzelle Services after we have changed this User Agreement, you will be accepting the changes.