Terms and Conditions

  1. Introduction

Welcome to Blockgration Global Corp (“Blockgration” or “the Company”). This document represents the Terms and Conditions governing the use of our services, provided by Blockgration Global Corp, a company incorporated under the laws of Ontario, Canada. Throughout this document, terms such as “we,” “our,” “the Company,” and “BGC” refer to Blockgration Global Corp.

Blockgration Global Corp offers a range of services (“Services”) that include digital wallets and various technology-based products and services, encompassing money remittance, bill payment services and Gift Cards. These Services are accessible through our website, and via our mobile applications collectively referred to as the “App.”

These Terms and Conditions are applicable to users engaging with our products and services acquired through our website (www.cashzenapp.com) and/or our Cashzen mobile apps (collectively referred to as the “App”). BGC terms and conditions (“Terms and Conditions”) govern the terms under which you may access and use the website (and for these Terms and Conditions “website” will also include our App, where applicable) and the services associated with it (together, the “Service”). By accessing, registering with, and using the Service, you agree to be bound by the terms of the Terms and Conditions. If you do not wish to be bound by the Terms and Conditions, do not access, register with, or use the Service. The language of these Terms and Conditions is English, and all Services, instructions, and transactions carried out in connection with it shall be in English.

By utilizing our Services, you agree to abide by these Terms and Conditions (“Agreement”) and adhere to applicable laws. We encourage you to familiarize yourself with our offerings and these Terms and Conditions to ensure a comprehensive understanding of our services and your obligations as a user. Your use of our Services signifies your acceptance of this Agreement and your commitment to compliance.

These Terms and Conditions are effective from the date on which you first access, register, or use the Service. The Terms and Conditions may change from time to time, and the changes will become effective and shall be deemed accepted by you upon your first access to, or browsing, downloading, or use of the BGC Services subsequent to such notification. If you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of the BGC Services.

The Service was created: (a) to assist customers in sending money to their family and friends, in Canada, the United States, and any new countries where we may offer our services; (b) to offer other services in line with our remittance service. For security reasons, we recommend that you only send money through the Service to people you know personally. You must not use the Service to send money to strangers, for example, sellers of goods and/or services, whether private or retail. 

  1. Use of Website

Blockgration Global Corp., is not responsible in any manner for direct, indirect, special or consequential damages, however caused, arising out of your use of this Website and/or any web browser, including any damages you may suffer if you transmit confidential or sensitive information to us or if we communicate such information to you at your request over the Internet. Links to other websites from this Website are for convenience only. No endorsement of any third-party products, services or information is expressed or implied by any information, material or content referred to or included in, or linked from or to this Website.

  1. Eligibility 

To access and utilize Blockgration Global Corp’s services (“BGC Services”), you must be at least 18 years old or of the age of majority in your province or territory of residence. Additionally, you affirm that you are an individual and opening a BGC Account exclusively for your own benefit, without acting on behalf of any third party. The BGC Services are not available to those previously suspended or removed from them. Compliance with these eligibility criteria is necessary to use the BGC Services. By checking the “I Agree” box and subsequently each time you access, browse, download, or use the BGC Services, you affirm that you meet these eligibility requirements.

  1. User account

To access and utilize Blockgration Global Corp’s services (“BGC Services”), you must open a BGC Account by providing certain information. All information you provide during the signup process and subsequently must be complete, accurate, and truthful as required for legal purposes. You are responsible for maintaining up-to-date contact information in your BGC Account profile, including your mailing address, email address, telephone number, and other relevant details. To update your profile, please log in and visit your account page. We reserve the right to refuse or discontinue providing BGC Services to any person or entity at our discretion. Please note that all activities conducted under a BGC Account are considered the actions of the registered user.

Upon your registration, we will establish a BGC Account for the purpose of providing you with BGC Services. To create your BGC Account, you must choose a personal identification number (“PIN”) and a password (“Password”). Additionally, you are required to provide your mobile telephone number (“Mobile Number”), residential address, date of birth, occupation, and email address. The collection, use, and disclosure of your personal information, including your Mobile Number and email address, will be governed by the terms outlined in Section 5. It is imperative that you keep your PIN and Password confidential and refrain from disclosing them to third parties. Storing your PIN and Password near your device is also discouraged. Each individual for whom we establish a BGC Account becomes a “User.”

Please note that a BGC Account is not considered a deposit account and may not be insured by the Canada Deposit Insurance Corporation or any provincial deposit insurance program. Furthermore, you acknowledge and agree that any benefits provided by a financial institution holding these funds may be retained by us.

In the event that a negative balance is generated, we reserve the right, at our sole discretion, to take the following actions: (a) apply future transfers to offset the negative balance, to which you consent, (b) request immediate payment from you to cover the negative balance, to which you agree, and/or (c) obtain funds to rectify the negative balance, and you grant authorization for such fund retrieval. If we are unable to apply sufficient amounts to correct the negative balance, we may take necessary collection actions, including the engagement of third-party collectors, reporting to credit bureaus, and suspension of your BGC service. You also agree to cover the actual costs of collection, as permitted by law. Upon the establishment of your BGC Account, you may be provided with a bonus or incentive, subject to the terms and conditions of any ongoing bonus or incentive programs available at the time of your registration. Please be aware that we retain the right to terminate any incentive promotional program without prior notice.

    1. Transfers

In this Agreement, a “ Transfer ” means moving funds or values to or from a BGC Account by any User or requesting the moving of funds or value to or from a BGC Account of any User. In order to make a Transfer, you must access the BGC Services from a Device using your username and PIN or Password. All Transfers are in Canadian dollars. We reserve the right to refuse your requests for Transfers, and we reserve the right to limit or block or reverse Transfers, including for the reasons including any Transfers we may deem suspicious, or any other reasons set forth in this Agreement. YOU HEREBY AGREE TO RELEASE BGC FROM, NOT TO MAKE, AND IRREVOCABLY WAIVE ANY RIGHT YOU OTHERWISE MIGHT HAVE TO MAKE, ANY CLAIM IN CONNECTION WITH ANY SUCH REFUSAL, LIMITATION OR BLOCK.

  1. Transfer Limits

There are limits on the type, amount, and frequency of Transfers that you can make. These limits apply at the time you request a Transfer and at the time a transfer is completed. Once you reach a particular Transfer limit, your ability to make that kind of Transfer may be suspended. In addition, your ability to Unload to a particular External Account may be suspended if a Transfer to or from that External Account is rejected or fails for any reason. YOU HEREBY AGREE TO RELEASE BGC FROM, NOT TO MAKE, AND IRREVOCABLY WAIVE ANY RIGHT YOU OTHERWISE MIGHT HAVE TO MAKE, ANY CLAIM IN CONNECTION WITH ANY SUCH LIMIT OR SUSPENSION.

For compliance and security reasons, there may be additional limits on the number and amount of Transfers you can make using the BGC Services. For example, your access to funds in your BGC Account or your ability to use the BGC Services may be limited if you fail to provide us with adequate identity verification information. These restrictions generally will be lifted once you provide adequate identity verification information. We may increase applicable limits at our discretion as you continue to use the BGC Services, subject to such conditions and requirements as we determine. BGC WILL NOT BE LIABLE TO YOU FOR FAILING TO ENFORCE ANY OF THESE LIMITS.

  1. Authorization for Transfers

When you link your External Account with BGC, you are affirming that you have all necessary rights and authority to obtain funds from that External Account. Each time you initiate or accept a Transfer through the BGC Services you also are providing your authorization for us to debit or credit the accounts involved to complete the Transfer, to correct any errors in the Transfer and to resubmit any Transfer that is rejected by the Financial Institution that holds the External Account. You also authorize us to debit your BGC Account, or your External Account, if a sender did not have sufficient good funds to pay for a Transfer that was credited to you, by the amount necessary to pay for such Transfer. All Transfers must comply with Canadian law. Your authorization will remain in full force and effect until you provide us with notification of your termination of this authorization in such time as to afford us and the Financial Institution that holds your External Account a reasonable opportunity to act on it. You may provide such notification by emailing us at [email protected].

  1. Pending Funds and Pending Transfers

Funds that you Load from your Bank Account will not be available in your BGC Account to complete a Send Transfer until BGC receives the funds through the Canadian banking system.

  1. Effect of Transfers

Once you request a Transfer, your request may not be changed, withdrawn, or cancelled by you, except as described below for situations where the recipient is not yet a BGC User. BGC IS NOT RESPONSIBLE FOR ANY DISPUTES OR DISAGREEMENTS BETWEEN YOU AND ANY OTHER PARTY TO A TRANSFER. YOU AGREE TO RESOLVE DISPUTES DIRECTLY WITH THE OTHER PERSON AND AGREE NOT TO INVOLVE BGC IN SUCH DISPUTES.

  1. Information about Your BGC Account and Transfers

You can obtain your BGC Account balance and information about the completed Transfers you made for the last 24 months (” Account History “), accurate up to the day of the inquiry, through the BGC website.

  1. Fees

In addition to the fees that we charge, you acknowledge that you may also be required to pay fees and charges to others in connection with your use of the BGC Services. For example, your mobile carrier may impose charges for applicable airtime, data, usage fees and collect taxes for your use of the BGC Services through a mobile Device. Check your wireless plan for full details.

  1. Account Passwords, Unauthorized Transactions and Risk of Loss

You represent and warrant that the information you provide to us on registration and at all other times, will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up to date at all times.

If you have reason to believe that your BGC Account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of your BGC username, PIN, Password, or any prepaid card number, if applicable), then you agree to immediately notify us by calling BGC Customer Care toll free at ______________________.


  1. BGC Pre-Authorized Debit and Electronic Funds Transfer

You agree that any direction you provide to initiate a BGC Pre-Authorized Debit (PAD) or allow BGC Electronic Funds Transfer (EFT) in accordance with this Agreement shall be binding on you as if you had signed it. By participating in the BGC Services Pre-Authorized Debit (PAD) and Electronic Funds Transfer (EFT) program, you authorize us to initiate a debit or credit in electronic or other form for the purpose of either funding your BGC Account using a Funds Transfer PAD (a ‘BGC PAD’ as defined by the Canadian Payments Association, ‘CPA’) through your registered Bank Account at the financial institution you have indicated (referred to as your ‘Financial Institution’) or initiating an electronic funds transfer (a ‘BGC EFT’) from your BGC Account to your Bank Account. You also authorize your Financial Institution to honor and pay such debits or apply for such EFT credits.

Subject to the terms of this Agreement, you may revoke or cancel this Agreement at any time upon notice being provided by you in writing. You acknowledge that in order to revoke or cancel the authorization provided in this Agreement, you must provide notice of revocation or cancellation to BGC in accordance with the notice provisions.

This Section 5 applies only to the method of payment, and you agree that revocation or cancellation of this Agreement does not terminate or otherwise have any bearing on any contract for goods or services that has been made before the revocation becomes effective or on your purchases of goods or services including any matter related to the delivery or quality of the same. You agree that your Financial Institution is not required to verify that any BGC PAD or BGC EFT has been drawn or credited, respectively, in accordance with this Agreement, including the amount, frequency and fulfillment of any purpose of any BGC PAD or BGC EFT.

You agree that we may deliver this Agreement to our financial institution, and you agree to the disclosure of any personal information in or which forms part of this Agreement to such financial institution.

Because you initiate each transaction and will control the amount of each BGC PAD or BGC EFT, you waive the right to receive advance notice from BGC of the payment amount to be debited or credited from/to your Bank Account before the payment date of BGC PADs or BGC EFTs drawn or credited, respectively, on your Bank Account.

You may dispute a BGC PAD by providing a signed declaration to your Financial Institution under the following conditions:

(a) The BGC PAD was not drawn in accordance with this Agreement; or

(b) This Agreement was revoked or cancelled.

You certify that all information provided with respect to the Bank Account is accurate. You agree to inform us of any change in your Bank Account information provided in or which forms part of this Agreement at least ten (10) business days before the change takes effect by:

(c) removing your Bank Account details by accessing the ” My Profile ” tab on the BGC Mobile APP or by calling BGC Customer Care  _________________.

(d) if you want to continue using the BGC PAD and EFT Program, adding a new Bank Account or revising your Bank Account details through the ” My Profile ” tab on the BGC website and confirming the Bank Account using our identity verification process as described above.

You warrant and guarantee that the person(s) whose signatures are required to sign on the Bank Account have agreed to this Agreement and that you have full capacity to do so. In addition, you warrant and agree that you have the authority to electronically agree to commit to this Agreement by secure electronic signature and that your secure electronic signature conforms to the requirements of CPA’s Rule H1.

You agree to comply with the Rules of the CPA or any other rules or regulations which may affect the services described herein, as may be introduced in the future or are currently in effect and you agree to execute any further documentation which may be prescribed from time to time by the CPA in respect of the services described in this Agreement.

  1. General Terms

7.1 Governing Law: This Agreement shall be governed by and construed in accordance with the laws of Canada and the Province of Ontario, without giving effect to any principles of conflicts of law.

  1. No Waiver: Blockgration’s failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
  2. Modification: We reserve the right to modify these Terms and Conditions periodically without prior notice, except as required by law. The most current version of these Terms and Conditions can always be reviewed on our website. If you disagree with any modification or amendment, you have the option to terminate your use of the Service. Continued use of the Service after the effective date of any amendment or modification implies your acceptance of those changes. You agree not to modify these Terms and Conditions yourself, and any attempts to do so shall be considered void.
  3. Entire Agreement: This Agreement represents the complete understanding between the parties and supersedes any prior understandings or agreements regarding the subject matter herein.
  4. Severability: In the event that any provision of these Terms and Conditions is determined to be invalid by an arbitrator or court of competent jurisdiction, the parties agree that the arbitrator or court shall endeavor to give valid effect to the intent of these Terms and Conditions as reflected in the provision. All other provisions of these Terms and Conditions shall remain in full force and effect.
  5. Third-Party Links: The website may provide external links to third-party websites for your convenience. Please be aware that these sites are not under our control in any manner, and we are not responsible for their accuracy, completeness, legality, or any other aspect, including the content provided on these external sites. Your access to such websites is at your own risk.
  6. Security:

We take security very seriously at Blockgration, implementing state-of-the-art measures to safeguard your information. While the Blockgration Service offers a secure means to send money to friends, family, and trusted individuals, we strongly advise exercising caution when sending money to unfamiliar parties. Be especially vigilant regarding deals or offers that appear too good to be true, as they may be fraudulent. If you encounter inappropriate use of the Service by anyone or any entity, please contact us. Additionally, if you receive suspicious emails purporting to be from Blockgration, please forward them to us at [email protected] for verification.

Contact Information:

For any questions, notices, refund requests, or further information, you may reach out to Blockgration through the following channels:

Online at https://www.blockgration.com

Via email at [email protected]

By telephone at [insert phone number]

Or by post to: Blockgration Customer Service, Suite 404, One Corporate Plaza, 2075 Kennedy Rd, Scarborough ON M1T 3V3

  1. Website and App Usage
  1. Trademarks and Copyrights: Copyright in the content of this site and the BGC mobile application is owned by Blockgration Global Corp., unless otherwise indicated. All rights reserved. The BGC Services are owned and operated by BGC and/or third-party licensors. The visual interfaces, graphics, design, compilation, information, computer code (including source code and object code), products, software, services, and all other elements of the BGC Services provided by BGC (the “Materials”) are protected by Canadian and U.S. copyright, trade secret, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All Materials, trademarks, service marks, and trade names contained on the BGC Services are the property of BGC and/or third-party licensors or suppliers. Users of the Website, Apps, or Services agree not to remove, obscure, or alter BGC’s or any third party’s copyright, patent, trademark, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the BGC Services. Except as expressly authorized by us, you agree not to sell, license, distribute, copy, modify, publicly perform, or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. We reserve all rights not expressly granted in this Agreement. Users of the BGC Website pages (the “Content”) shall only be entitled to copy the Content for personal use. Any duplication, reproduction, replication of the Content, in its entirety or any substantial part of it, is strictly prohibited. This includes, but is not limited to; uploading, downloading, and accessing the Content on to the Internet or any other local or international computer system, without the prior written permission of BGC. Any such unauthorized use constitutes copyright infringement. An acknowledgment of the source must be included whenever BGC material is copied or published. Any infringement of BGC rights will result in appropriate legal action.
  2. Email Disclaimer: All email communication, including messages and any attachments, is proprietary and confidential information intended only for the use of the recipient(s) named above. If you are not the intended recipient, you may not print, distribute, or copy this message or any attachments. If you have received any communication in error, please notify the sender by return e-mail and delete the message and any attachments from your computer.

BGC does not send emails for promotional or marketing purposes unless with the consent of the recipient and in accordance with Canada Anti-Spam Legislation (CASL), unless as a means to contact the individual, verify their identity, reset access credentials, provide account-related information as a direct response to customer requests, or for other purposes included in “Terms and Conditions” and not covered by legislation.

  1. Information: Information provided by BGC and other sources on this Website is believed to be accurate and reliable when placed on this site. While all measures are taken to verify its contents, we cannot guarantee it is accurate or complete or current at all times. Information on this site is for information purposes only and is not intended to provide financial, legal, accounting, or tax advice and should not be relied upon in that regard.
  2. App Usage License: In consideration of your agreement to abide by these terms and conditions, BGC grants you a non-transferable, non-exclusive license to use the App on your device, subject to this Agreement and the App Store Rules. We reserve all other rights. From time to time, updates to the App may be issued through the App Store or Google Play. Depending on the update, you may not be able to use our Services via the App until you have downloaded the latest version of the App and accepted any new terms.
  3. Any inquiries or complaints relating to the use of the App, including those pertaining to intellectual property rights, must be directed to the Company in accordance with these Terms and Conditions agreement. In addition, you must comply with the terms of any third-party agreement applicable to you when using the App, such as your wireless data service agreement.
  4. Privacy and Security

10.1 Privacy Consent, Authorization for Inquiries: Your privacy is important to BGC. Please read the BGC Privacy Policy carefully for information relating to the collection, use, and disclosure of your personal information by BGC.

By using our Services, you consent to BGC: (a) collecting and using your personal information, as provided on the BGC registration form and generated in connection with your use of the BGC Services, for the purposes of (i) opening and administering your BGC Account and providing you with the BGC Services, and (ii) providing you from time to time with information about products and services that may be of interest to you (provided that you may edit your profile at any time to opt out of receiving such information) ((i) and (ii) collectively the “Purposes”); and (b) disclosing your information (i) to third-party providers in connection with the purposes. If you wish to request access to your file or request changes to the information in it, please send a written request to BGC, attention Compliance Officer, at [email protected].

10.2 Verification and Security: You authorize us to make any inquiries that we deem appropriate to verify your identity. This may include asking you for additional information, asking you to take steps to verify your control over the telephone numbers, email addresses, or financial accounts you identify, obtaining a credit report, or consulting other databases or sources.

You are responsible for configuring your information technology, computer programs, and platform to access our Services. You should use your virus protection software. Misuse of our Services by introducing viruses, trojans, worms, logic bombs, or other malicious or technologically harmful materials is prohibited. Unauthorized access attempts or attacks on our Services or Website, including denial-of-service attacks, are considered criminal offenses under applicable law. We may report such breaches to law enforcement authorities and cooperate with them by disclosing your identity or other relevant information. In case of such a breach, your right to access and use our Website and/or Services will cease immediately without notice, and you must immediately cease all such access and use.

10.3 Third Party Services: You acknowledge and agree that the Company may engage third-party partners and providers to deliver the Services. Certain Website or App functionality may provide access to information, products, services, and other materials made available by third parties (“Third Party Materials”) or allow for the routing or transmission of such Third-Party Materials, including via links.

By using such functionality, you are directing us to access, route, and transmit to you the applicable Third-Party Materials. We do not control or endorse, and are not responsible for, any Third-Party Materials, including their accuracy, validity, timeliness, completeness, reliability, integrity, quality, legality, usefulness, or safety, or any intellectual property rights therein. Certain Third-Party Materials may be inaccurate, misleading, or deceptive. Nothing in this Agreement represents or warrants by us with respect to any Third-Party Materials. We are not obliged to monitor Third Party Materials and may block or disable access to any Third-Party Materials through the Website or App at any time.

In addition, the availability of any Third-Party Materials through the Website or App does not imply our endorsement or affiliation with any provider of such Third-Party Materials, nor does it create any legal relationship between you and any such provider. Your use of Third-Party Materials is at your own risk and is subject to any additional terms, conditions, and policies applicable to such Third-Party Materials, such as terms of service or privacy policies of the providers of such Third-Party Materials.

  1. Communication

11.1 Electronic Communications: You acknowledge that these Terms and Conditions shall be entered electronically, and that the following categories of information (“Communications”) may be provided by electronic means:

11.1.1 These Terms and Conditions and any amendments, modifications, or supplements to it.

11.1.2 Your records (e.g., transaction records) through the Service.

11.1.3 Any initial, periodic, or other disclosures or notices provided in connection with the Service, including those required by law.

11.1.4 Any customer service communications, including communications related to claims of error or unauthorized use of the Service.

11.1.5 Any other communication related to the Service or Blockgration Global Corp.

11.2 Electronic Format: The Service is designed to provide Communications electronically, and it does not support the provision of Communications in paper format or through other non-electronic means. You may withdraw your consent to receive Communications electronically, but if you do so, your use of the Service will be terminated. To withdraw your consent, please contact us using the contact information provided at the end of these Terms and Conditions.

11.3 Requirements to Access and Retain Communications: To access and retain Communications, you must have or have access to the following:

11.3.1 An internet browser.

11.3.2 An email account, email software capable of interfacing with Blockgration Global Corp’s email servers, and the ability to read email from Blockgration Global Corp. You also need a device and internet connection capable of complying with these requirements.

11.3.3 Sufficient electronic storage capacity on your electronic device’s hard drive or other data storage unit.

11.3.4 A printer capable of printing from your browser and email software.

11.4 Email Address Update: You must promptly update us with any change in your email address by updating your profile at [insert profile update link].

  1. Dispute Resolution

12.1 Errors and Disputes:

You have the right to dispute errors in your transactions. If you believe there is an error, please contact us within 180 days of the transaction at Blockgration Global Corp, Suite 404, One Corporate Plaza, 2075 Kennedy Rd, Scarborough ON M1T 3V3 or send an email notification to [email protected]. You can also request a written explanation of your rights. If you notice an error related to our Service in your bank or credit card account, promptly direct your questions and concerns to Blockgration Global Corp. Timely contact with Blockgration Global Corp is essential to minimize potential losses.

12.2 Resolution of Disputes by Arbitration:

In this Arbitration section:

“You” and “Your” refer to you and your successors, assigns, or agents, as well as anyone claiming through you, including their respective successors, assigns, or agents.

“We,” “Us,” and “Our” refer to Blockgration Global Corp and its parents, subsidiaries, affiliates, predecessors, successors, assigns, and agents, including their respective officers, directors, and employees.

“Claim” encompasses any action, cause of action, suit, proceeding, dispute, claim, demand, or controversy arising from or related to this Agreement or the relationship between you and us, including claims brought as counterclaims, cross claims, third-party claims, or otherwise, and disputes about the validity or enforceability of this Agreement or this Arbitration section.

Any Claim between you and us shall be finally resolved through binding arbitration. The arbitration will be administered by, at the election of either you or us, the ADR Institute of Canada, Inc. (the “ADR Institute”) or ADR under their respective arbitration rules. You may obtain a copy of the Rules and other information about initiating arbitration by contacting the ADR Institute at Suite 500, 234 Eglinton Avenue East, Toronto, Ontario, M4P 1K5. If you file a Claim, you can choose either the ADR Institute or ADR Chambers as the Administrator. If we file a Claim, we will make the initial selection, but you can require us to use either the ADR Institute or ADR Chambers by providing written notice within 30 days of receiving notice of the Claim. Claims will be arbitrated by a single, neutral arbitrator, who shall be a retired judge or a lawyer with at least ten years of experience. We agree not to invoke our right to elect arbitration of an individual Claim filed by you in a small claims court, as long as the Claim is pending on an individual basis only in such court.

We will cover all filing and administration fees charged by the Administrator and arbitrator fees up to $1,000, and we will consider your request to pay any additional arbitration costs. If an arbitrator issues an award in our favor, you will not be required to reimburse us for any previously paid fees to the Administrator or fees for which we are responsible. If you receive an award from the arbitrator, we will reimburse you for the fees you paid to the Administrator. Each party shall bear its own lawyer’s, expert’s, and witness fees, except as required by applicable law. If a statute grants you the right to recover these fees or fees paid to the Administrator, such statutory rights apply in arbitration.

Any in-person arbitration hearing will be held in the city of Toronto, Ontario. The arbitrator shall apply applicable substantive law consistent with the applicable arbitration rules, the common law, any statute governing arbitrations under this Agreement, and, upon request by either party, provide written reasoned findings of fact and conclusions of law. The arbitrator shall have the power to award any relief authorized under applicable law. The arbitrator’s award shall be final and binding and not subject to appeal on any grounds. Judgment on any award rendered by the arbitrator may be entered and enforced by any court with jurisdiction.

Neither you nor we shall have the right to participate as a representative or member of any class of claimants in arbitration. Claims of third parties shall not be joined in any arbitration between you and us without the express written consent of both parties. The validity and effect of this paragraph shall be determined exclusively by a court, not by the Administrator or any arbitrator. The arbitrator shall have no power to arbitrate any Claims on a class action basis or Claims brought in a purported representative capacity on behalf of the general public, other Users, or similarly situated persons.

If any portion of this Arbitration section is deemed invalid or unenforceable for any reason, it shall not invalidate the remaining portions of this provision. However, if the section precluding class actions is deemed invalid or unenforceable in whole or in part, then this entire Arbitration section shall be deemed invalid and unenforceable. The terms of this Arbitration section will prevail in the event of any conflict between the Rules and this provision.

12.3 Acknowledgment:

The parties acknowledge and agree that, except as expressly provided in this Arbitration provision, they are waiving all rights to a trial by court or jury to resolve any disputes arising from or related to this Agreement. They also acknowledge that arbitration will limit their legal rights, including the rights to participate in a class action, the right to a jury trial, the right to conduct full discovery, and the right to appeal (except as permitted under any statute governing arbitrations conducted under this Agreement).

12.4 Survival:

The parties agree that this arbitration agreement shall be governed by various provincial statutes governing arbitrations and shall survive the termination of this Agreement.

12.5 Exemption for Users in Quebec:

Notwithstanding the foregoing, the parties acknowledge that the provisions of this section shall not apply to users of the BGC Services residing and domiciled in the province of Quebec. The parties also agree to submit to the exclusive jurisdiction of the courts of the Province of Ontario, City of Toronto, in any dispute arising out of this Agreement and involving a user of the BGC Services residing and domiciled in the Province of Quebec.