2. Use And Restrictions. Subject to these Terms of Use and our Privacy Policy, you may use the public areas of this site, but only for your own internal purposes. You agree not to access (or attempt to access) this site by any means other than through the interface we provide. You agree not to access (or attempt to access) this site through any automated means (including use of scripts or web crawlers), and you agree to comply with the instructions set out in any robots.txt file present on this site. You are not authorized to (i) resell, sublicense, transfer, assign, or distribute the site, its services or content; (ii) modify or make derivative works based on the site, its services or content; or (iii) “frame” or “mirror” the site, its services or content on any other server or Internet-enabled device. All rights not expressly granted in this Agreement are reserved by us and our licensors.

4. Monitoring. We reserve the right, but not the obligation, to monitor your access and use of this site without notification to you.

5. Separate Agreements. You may acquire products, services and/or content from this site. We reserve the right to require that you agree to separate agreements as a condition of your use and/or purchase of such products, services and/or content.

6. Ownership. The material provided on this site is protected by law, including, but not limited to, Canada and United States copyright law and international treaties. The copyrights and other intellectual property in the content of this site is owned by us and/or others. Except for the limited rights granted herein, all other rights are reserved.

7. Liability Disclaimer. The information provided on this website is provided for consumer use purposes only, and is intended for commercial, non-medical use. THESE DISCLAIMERS CONSTITUTE AN ESSENTIAL PART OF THIS AGREEMENT. NO PURCHASE OR USE OF THE ITEMS OFFERED BY THIS SITE IS AUTHORIZED HEREUNDER EXCEPT UNDER THESE DISCLAIMERS. IF IMPLIED WARRANTIES MAY NOT BE DISCLAIMED UNDER APPLICABLE LAW, THEN ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO THE PERIOD REQUIRED BY APPLICABLE LAW. SOME PROVINCES AND OR STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

8. Limitation of Liability. IN NO EVENT SHALL THIS SITE AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS SITE, ITS PRODUCTS, SERVICES, AND/OR CONTENT, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE, EVEN IF THIS SITE OR OUR LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

9. Links to Third Party Websites. We do not review or control third party websites that link to or from this site, and we are not responsible for their content, and do not represent that their content is accurate or appropriate. Your use of any third-party site is on your own initiative and at your own risk and may be subject to the other sites’ terms of use and privacy policy.

10. Controlling Law and Severability. The sale of goods will be governed by and construed in accordance with the laws of Canada, and the province of Ontario excluding its conflict of law principles. This License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If you are a consumer based in the United Kingdom, this License will be governed by the laws of the jurisdiction of your residence. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.

11. Complete Agreement; Governing Language.  No amendment to or modification of this Agreement will be binding unless in writing and signed by Cyclic Journeys Inc. Any translation of this Agreement is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this License shall govern, to the extent not prohibited by local law in your jurisdiction, including the Province of Ontario.

12. Controlling Law. This Agreement shall be construed under the laws of Canada in the Province of Ontario, excluding rules regarding conflicts of law. The application the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.

13. Onward Transfer of Personal Information Outside Your Country of Residence. Any personal information which we may collect on this site may be stored and processed in our servers located in Canada or in any other country in which we, or our affiliates, subsidiaries, or agents maintain facilities. You consent to any such transfer of personal information outside your country of residence to any such location.

14. Severability. If any provision of these terms is declared invalid or unenforceable, such provision shall be deemed modified to the extent necessary and possible to render it valid and enforceable. In any event, the unenforceability or invalidity of any provision shall not affect any other provision of these terms, and these terms shall continue in full force and effect, and be construed and enforced, as if such provision had not been included, or had been modified as above provided.

15. Force Majeure. We shall not be liable for damages for any delay or failure of delivery arising out of causes beyond our reasonable control and without our fault or negligence, including, but not limited to, Acts of God, acts of civil or military authority, fires, riots, wars, embargoes, Internet disruptions, hacker attacks, or communications failures.

16. Privacy. Please review this site’s Privacy Policy below which also governs your visit to this site https://cyclicjourneys.com/

1 Overview and Use Restrictions

Cyclic Journeys Inc. via Shopify allows you to store virtual representations of credit and debit cards, including store credit and debit cards, which are supported by the Cyclic Journeys Inc. Pay feature (“Supported Payment Cards”) and use supported Devices to make contactless payments within the website and any future apps we may develop. The Cyclic Journeys Inc. Pay features on our site may only be available in select regions, with select card issuers, and with select merchants. Features may vary by region, issuer, and merchant. 

You must keep a valid payment method on file with us to pay for all incurred and recurring Fees. Shopify will charge applicable Fees to any valid payment method that you authorize (“Authorized Payment Method”), and Shopify will continue to charge the Authorized Payment Method for applicable Fees until the Services are terminated, and any and all outstanding Fees have been paid in full.

Cyclic Journeys Inc. is intended for your personal use, and you may only provision your own Supported Cards.  If you are provisioning a supported corporate card or accounts, you represent that you are doing so with the authorization of your employer and you are authorized to bind your employer to these terms of use and all transactions effected by use of this feature.

You agree not to use Cyclic Journeys Inc. for illegal or fraudulent purposes, or any other purposes which are prohibited by the License and these Supplemental Terms.  You further agree to use Cyclic Journeys Inc. in accordance with applicable law and regulation.  You agree not to interfere with or disrupt the Cyclic Journeys Inc. Pay service (including accessing the service through any automated means), or any servers or networks connected to the service, or any policies, requirements or regulations of networks connected to the service (including any unauthorized access to, use or monitoring of data or traffic thereon).

2 Cyclic Journeys Inc. Relationship With You

Cyclic Journeys Inc. enables you to create a virtual representation of your Supported Payment Cards and authorized debits out of your bank account on your profile and use Cyclic Journeys Inc. Pre- Authorized Pay as part of a payment, however Cyclic Journeys Inc. does not process payments, or have any other control over payments, returns, refunds, or other commerce activity that may arise out of your use of this feature.  The terms of cardholder and bank account agreements you may have in place with your issuing bank will continue to govern your use of your Supported Payment Cards and Pre-Authorized Debit transactions and their use in connection with Cyclic Journeys Inc. Pay. 

You agree that Cyclic Journeys Inc. is not a party to your cardholder, bank or merchant agreements, nor is Cyclic Journeys Inc. responsible for the content, accuracy or unavailability of any payment cards, bank information, stored value cards, commerce activities, transactions or purchases while using Cyclic Journeys Inc. Pay functionality, nor is Cyclic Journeys Inc. in any way involved in the issuance of credit or assessing eligibility for credit, or the accrual or redemption of rewards under a merchant’s rewards program.  For all disputes or questions about payment cards, bank account, stored value cards, or associated commerce activity, please contact your issuer, bank, or the applicable merchant.

3 Security; Lost or Disabled Devices

Cyclic Journeys Inc. Pay and Pre-Authorized Debit transactions stores virtual representations of your Supported Payment Cards, and or bank account information as may be applicable and should be protected as you would protect your physical credit and debit cards. Providing your device passcode to a third party or allowing a third party to add their fingerprint to use Touch ID may result in their ability to make payments and receive or redeem rewards using Cyclic Journeys Inc. Pay on your device.   You are solely responsible for maintaining the security of your device and of your passcode.  You agree that Cyclic Journeys Inc. does not have any responsibility if you lose or share access to your logins and or device.  You agree that Cyclic Journeys Inc. does not have any responsibility if you make unauthorized modifications to  (such as by way of a “jailbreak”).

If you report or Cyclic Journeys Inc. suspects fraudulent or abusive activity, you agree to cooperate with Cyclic Journeys Inc. in any investigation and to use any fraud prevention measures we prescribe.

4 Limitation of Liability

IN ADDITION TO THE DISCLAIMERS OF WARRANTIES AND LIMITATION OF LIABILITY SET FORTH IN THE LICENSE, CYCLIC JOURNEYS INC. DOES NOT ASSUME ANY LIABILITY FOR PURCHASES, PAYMENTS, TRANSACTIONS, OR OTHER COMMERCE ACTIVITY MADE USING THE CYCLIC JOURNEYS INC. PAY FEATURE, AND YOU AGREE TO LOOK SOLELY TO AGREEMENTS YOU MAY HAVE WITH YOUR ISSUING BANK, PAYMENT NETWORK, OR MERCHANT TO RESOLVE ANY QUESTIONS OR DISPUTES RELATING TO YOUR SUPPORTED CARDS, VIRTUAL SUPPORTED CARDS AND ASSOCIATED COMMERCE ACTIVITY.