Our Canada terms of use

These Terms of Use are between any person who access or uses the Services (as defined herein) in Canada (hereinafter referred to as “you” or “your”) and Pesapeer Inc. doing business as Pesa (“Pesa,” “us,” “our,” or “we”), and governs your use of our Services and constitutes a legal relationship between you and us.

Pesa is a licensed Money Services Business in Canada, registered with the Financial Transactions and Reports Analysis Centre of Canada (“FINTRAC”) under registration number M20300281. This allows Pesa to legally offer certain services through the Pesa Website and Pesa App to you, including but not limited to international money transfers and virtual currency transactions (collectively, the “Services”).

By opening, registering for, or using a Pesa Wallet (as defined herein), or by otherwise using the Services, you agree to comply with the rules, regulations and other requirements that pertain to your permitted use of the Services as set forth herein. In order to use the Services, you must:

• be at least 18 years old;
• provide accurate and truthful information during the registration process; and
• not act on behalf of any third party principal or beneficiary.

If, after reading these Terms of Use, you do not accept or agree to the terms and conditions contained herein, you will not use or access the Services. Details on how we collect, use, and share Personal Information, and the steps we take to protect Personal Information are set out in our Privacy Policy, which is incorporated by reference and deemed to be a part of these Terms of Use entered into between you and us.

You should also print and/or download and keep a copy of the Terms of Use (and other terms and conditions referred to herein) for future reference.

1. Definitions
   
   1. As used in this Agreement:
      • “Agreement” means the these Terms of Use and the Privacy Policy.
      • “Data” means the data submitted collected and processed by or for you using the Services.
      • “Data Protection Laws” means all laws and regulations, including laws and regulations of Canada (including the Personal Information Protection and Electronic Documents Act (Canada) and the Canadian Anti-Spam Legislation, each as amended or superseded from time to time) applicable to the Processing of Personal Information under the Agreement.
      • “Personal Information” means any information relating to an identified or identifiable natural person as defined under applicable Data Protection Laws.
      • “Pesa App” means the mobile application software and related data provided to you in order to access and use the Services.
      • “Pesa Wallet” means the non-interest-bearing virtual account maintained by Pesa for you from which your Remittances are made to your Recipients.
      • “Pesa Website” means the website located at https://www.pesa.co/ .
      • “Privacy Policy” means our policy explaining how we collect, Process, and use your personal information as located at https://www.pesa.co/privacy-policy.
      • “Processing” means any operation or set of operations which is performed upon Personal Information, whether or not by automatic means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
      • “Recipient” means the person or entity to whom you send money using the Services.
      • “Remittance” means the transfer of funds that you request and authorize us to process for payment to your Recipient.
2. Use of the Services
   
   1. Right to Use the Services. Subject to the terms and conditions of this Agreement, Pesa hereby grants to you a non-exclusive, worldwide, non-transferable, non-sublicensable, internal right to access and use the Services.
   2. Reservation of Rights. Pesa and its licensors own and will retain all right, title and interest (including without limitation all patent rights, copyrights, trade-mark rights, trade secret rights and all other intellectual property rights), in and to the Services and any copies, corrections, bug fixes, enhancements, modifications or new versions thereof, all of which will be deemed part of the Services and subject to all of the provisions of this Agreement. You will keep the Services free and clear of all liens, encumbrances and/or security interests. Subject to the limited rights expressly granted in this Agreement, Pesa reserves all rights, title and interest in and to the Services. No rights are granted to you pursuant to this Agreement other than as expressly set forth in this Agreement.
   3. Restrictions.  You will not (a) knowingly interfere with service to any of Pesa’s users, host or network, including by means of intentionally submitting a virus, overloading, flooding, spamming, mail bombing or crashing the Services; (b) modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on the Services; (c) circumvent any timing restrictions that are built into the Services; (d) sell, rent, lend, transfer, distribute, license, or grant any rights in the Services in any form to any person; (e) remove any proprietary notices, labels, or marks from the Services; (f) create any “links” to or “frame” or “mirror” of the Services or any portion thereof; or (g) use the Services to create, collect, transmit, store, use or process any Data that: (i) you does not have the lawful right to create, collect, transmit, store, use or process, or (ii) violates any applicable laws, or infringes, violates or otherwise misappropriates the intellectual property or other rights of any third party (including any moral right, privacy right or right of publicity).
   4. Aggregated Data.  You acknowledge and agree that the Services may compile, store and use aggregated data and system usage, analytics and diagnostic information to monitor and improve the Services and for the creation of new products. All data collected, used, and disclosed by Pesa will be in aggregate, anonymized and/or de-identified form only and will not identify you, your Data, or your Personal Information.
3. Pesa Wallet
   
   1. Registration. In order to use the Services, you are required to create a Pesa Wallet. During registration for a Pesa Wallet, you will be asked to provide Personal Information in order to create such account. You will ensure that such account information is accurate and complete and that such information remains current throughout your use of the Services. You are fully responsible for all activity that occurs in your Pesa Wallet, and for any Data uploaded, collected, generated, stored, displayed, distributed, transmitted or exhibited on or in connection with your Pesa Wallet.
   2. Passwords and Security. You, not Pesa, are responsible for keeping all Pesa Wallet passwords secure. Pesa will not be liable for any loss or damage caused by or arising from a failure by you to maintain the security of your Pesa Wallet and password. If you suspect any unauthorized access or suspicious activity in your Pesa Wallet, you are advised to change your password. Please contact Pesa immediately if your transaction history for your Pesa Wallet shows transactions that you did not initiate.
   3. Verification. To comply with government regulations, we reserve the right to request additional documents and/or information in order to obtain, verify and record information about you. By using the Services, you authorize Pesa to make any inquiries we consider necessary to validate your identity, either directly or through third parties. We may require that you provide us with identifying information such as a credit check, date of birth, address, bank statements, a dated photo of you holding an identification card, a copy of your identification card such as driver’s license, health insurance card or a passport, etc. Pesa reserves the right to close, suspend, or limit access to your Pesa Wallet and/or the Services in the event we are unable to obtain or verify this information.
   4. Closing your Pesa Wallet. These Terms of Use apply for as long as you have a Pesa Wallet. You may stop using the Services and/or close your Pesa Wallet at any time. To initiate closure of your Pesa Wallet, you must contact us either (i) via the Pesa App chat function, or (ii) by sending an email to support@pesapeer.com from the email address associated with your Pesa Wallet. Upon receiving your request and verifying your identity, we will begin the closure process. Any remaining funds in your Pesa Wallet will be refunded to a verifiable bank account that is in your name and owned by you. We may require additional information or documentation to confirm your ownership of the designated bank account before processing the refund. Please note that Pesa Wallet closure is subject to the resolution of any pending transactions, obligations, or investigations, and we reserve the right to withhold disbursement of funds or delay closure if required to comply with legal, regulatory, or internal risk management obligations.
4. Pesa App
   
   1. Licensing. You may access the Services via the Pesa App, which is available for download from third-party platforms such as the Apple App Store or Google Play (each an “App Store”). In your use of the Services via the Pesa App, we grant you a non-transferable, non-exclusive license to use the Pesa App on your mobile device subject to this Agreement, as well as the applicable terms and conditions of the App Store through which you downloaded it. Your use of any version of the Pesa App may be compatible with the iOS operating system of Apple Inc. (“Apple”) or the Android operating system of Google LLC (“Google”).
   2. App Store Liability. The following provisions apply with respect to your use of any version of the Pesa App downloaded from an App Store. Apple and Google are not parties to this Agreement and do not own and are not responsible for the Pesa App. Any inquiries or complaints relating to the use of the Pesa App must be directed to Pesa in accordance with this Agreement. You must comply with the terms of any third-party agreement applicable to you when using the Pesa App. Apple, Google, and their subsidiaries are third-party beneficiaries of this Agreement and will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof. Notwithstanding the foregoing, Pesa’s right to rescind or terminate any variation, waiver or settlement under this Agreement is not subject to the consent of any third party.
5. Payment Methods
   
   1. Uploading Money. You can upload money into your Pesa Wallet for the purposes of converting the currency and sending it to another person, or to hold a balance in your Pesa Wallet for use as needed. You can upload money through one or more methods as provided by third parties, including:
      1. Interac™: When you choose to upload money via Interac™ you confirm that you are authorized to access and transmit funds from your bank account via Interac™, and that you have the authority to initiate an Interac™ e-transfer or approve an Interac™ request payment in the amount at issue to or from your bank account. The bank that you choose to complete your Interac™ e-transfer may have restrictions on the amount you may send in each Interac™ e-transfer and the frequency of Interac™ e-transfers you may have over a period of time.
      2. Electronic Funds Transfer (EFT): When you initiate an EFT, you authorize us or our third-party payment processor to transfer funds electronically from your linked bank account to your Pesa Wallet. EFTs are typically processed through Payments Canada and may take 1-2 business days or longer to settle. You are responsible for ensuring that the bank account you designate is in your name and that it has sufficient funds at the time of the transaction.
      3. Debit card transactions: You may also fund your Pesa Wallet by using a valid debit card issued in your name. By providing your debit card details, you authorize us or our third-party payment processor to charge your debit card for the specified amount. Your card issuer may apply limits, fees, or processing times that are beyond our control. We may require additional verification or impose funding limits to manage risk, prevent fraud, or comply with legal and regulatory requirements.
   For funds to arrive on time, you must properly follow the instructions given during the money upload process. Pesa cannot guarantee the use of any particular upload method and may change or stop offering a particular upload method at any time without specific notice to you. Pesa will not be responsible for the money uploaded to a Pesa Wallet until Pesa receives such money.
   2. Receiving Money. When someone sends money to your Pesa Wallet using a method that we support, the money will appear in your Pesa Wallet. You should check the incoming funds in your Pesa Wallet against your own records regularly and let us know if there are any irregularities.
   3. Transaction Limits. You acknowledge that your Pesa Wallet may be subject to send and receive money limits. These limits may vary based on factors such as your Remittance history, regulatory requirements, and our internal risk assessments. If your request exceeds the current limit, we may decline your request, impose additional checks and obligations, or time limitations on your transactions. We reserve the right to modify our limits at any time and without prior notice, except as may be required by law.
   4. Withdrawals. You may withdraw available funds from your Pesa Wallet to your bank account at any time, provided the withdrawal is made in the same currency. To do so, you must initiate a same-currency transfer within the Pesa App (e.g., CAD to CAD) and provide your Interac™ or other payment details associated with your bank account. Withdrawals may be subject to verification and may be delayed or declined if we are unable to confirm that the destination account is in your name or if required by applicable law, regulation, or our internal risk management procedures.
   5. Currency Conversion. Our Services will allow you to upload money in one currency and use that balance to send money to a person or entity in another currency at a certain exchange rate. Your Pesa Wallet may hold various currencies supported by Pesa from time to time. You may hold a balance in more than one of these currencies at the same time. You are responsible for all risks associated with maintaining a Pesa Wallet balance in multiple currencies. A conversion fee may apply when Pesa performs any currency conversion and such fees are subject to change at Pesa’s discretion.
   6. Reversals and Chargebacks. Pesa does not offer any reversals or chargebacks. Transactions are processed and sent in near real-time and cannot be reversed. You might need to contact the Recipient to initiate a reversal. To the extent Pesa assists in the reversal or a transaction, you are responsible for all reversals, chargebacks, claims, fees, fines, penalties and other liability incurred by Pesa caused by or arising out of your use of the Services. Payments may be reversed by Pesa if: (i) our investigation finds that a transaction was fraudulent, (ii) the Remittance was in relation to activities in violation of this Agreement, or (iii) Pesa has a claim against you for the funds.
6. Your Data and Personal Information  
   
   1. Ownership. As between Pesa and you, you exclusively own all right, title and interest in and to all of your Data. Pesa does not acquire any rights, title or ownership interest of any kind whatsoever, express or implied, in any of your Data. You hereby authorizes Pesa to use your Data as required to provide the Services in accordance with the terms hereof.
   2. Technical and Organizational Safeguards. In connection with the provision of the Services, Pesa will maintain commercially reasonable administrative, physical, and technical safeguards for protection of the security, confidentiality and integrity of the Services and your Data. Those safeguards will include, but will not be limited to, measures for preventing access, use, modification or disclosure of your Data by Pesa personnel except (a) to provide the Services and prevent or address service or technical problems, (b) as compelled by law and upon identification of lawful authority, (c) as expressly permitted in writing by you, or (d) as allowed under applicable Data Protection Laws. Pesa will, in connection with the provision of the Services, comply with Data Protection Laws, as well as the Pesa’s Privacy Policy.
   3. Your Obligations Regarding Personal Information. You will have sole responsibility for the accuracy, quality, and legality of Personal Information and the means by which you provide your Personal Information. You hereby represent and warrant to, and covenant with Pesa that your Data will only contain Personal Information in respect of which you have all authority, in each case as required by applicable laws, to enable Pesa to provide the Services, including with respect to the collection, storage, access, use, disclosure and transmission of Personal Information, including by or to Pesa and to or from all applicable third parties.
   4. Pesa’s Processing of Personal Information. Pesa will secure Personal Information with all necessary safeguards appropriate to the level of sensitivity of the Personal Information. Pesa will only Process Personal Information on behalf of and in accordance with applicable Data Protection Laws for the following purposes:
      (a) Processing in accordance with the Agreement;
      (b) Processing initiated by your use of the Services; and
      (c) Processing to comply with other documented reasonable instructions provided by you where such instructions are consistent with the terms of the Agreement and applicable Data Protection Laws. Pesa will ensure that its personnel engaged in the Processing of Personal Information: (x) are informed of the confidential nature of the Personal Information, (y) have received appropriate training on their responsibilities, and (z) are under contractual or statutory obligations to maintain the confidentiality of your Data.  
   5. Security Incident.  If Pesa discovers, is notified of or suspects any (1) theft or unauthorized destruction, loss, alteration of or access to your Data or other Processing of Personal Information; or (2) a breach of security relating to your Data, (each a “Security Incident”) Pesa will, within a reasonable time:
      1. notify you of such Security Incident by email, but in no case later than 72 hours after Pesa has become aware of or suspects a Security Incident; and
      2. start an investigation of the Security Incident and take all appropriate actions to remediate the effects of the Security Incident and mitigate any risks that may arise from the Security Incident.
7. Acceptable Use
   
   1. Compliance with Laws. You agree to not use the Services for any unlawful purpose or in any way that breaches applicable, local, national, or international law or regulations, and cooperate with Pesa in any investigation related to your compliance with applicable laws.
   2. Prohibited Uses. You must not use the Services for transactions involving or facilitating:
      1. money laundering, terrorist financing, tax evasion, fraud, or any other financial crime;
      2. the distribution of illicit substances, counterfeit or unauthorized goods, or unlicensed financial services;
      3. the purpose of harming, or attempting to harm minors in any way; or
      4. for any transactions which involve regulated or illegal products and services, including but not limited to adult content, gambling, escrow services, or involve individuals subject to international sanctions.
   3. Suspension and Termination. If Pesa determines that you are in breach of this Agreement through your use of the Services, we may take the following actions:
      1. immediate, temporary or permanent suspension of your Pesa Wallet and your right to use our Services;
      2. suspend or cancel your pending Remittances or take such other actions as we consider necessary;
      3. issue a warning; or
      4. legal action against you, including proceedings for reimbursement of all costs on an “all expenses” basis and reporting and disclosure of information to law enforcement authorities.
8. Limited Warranties and Disclaimers  
   
   1. Limited Warranties. Pesa hereby represents and warrants to you that:
      1. the Services will not purposefully contain any malicious code;
      2. it owns or otherwise has sufficient rights in the Services to grant to you the rights to access and use the Services hereunder.
   2. General Warranty Disclaimers. EXCEPT FOR THE EXPRESS WARRANTIES PROVIDED HEREIN, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND PESA MAKES NO REPRESENTATIONS OR WARRANTIES, AND THERE ARE NO CONDITIONS, ENDORSEMENTS, UNDERTAKINGS, GUARANTEES, REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, (INCLUDING WITHOUT LIMITATION ANY EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS OF QUALITY, PERFORMANCE, RESULTS, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OR ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF THE TRADE) AS TO, ARISING OUT OF OR RELATED TO THE FOLLOWING: (I) THIS AGREEMENT; (II) THE SERVICES; AND/OR (III) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION OR YOUR DATA TRANSMITTED TO OR FROM PESA VIA THE SERVICES. PESA DOES NOT REPRESENT OR WARRANT THAT THE SERVICES WILL MEET ANY OR ALL OF YOUR PARTICULAR REQUIREMENTS, THAT THE SERVICES WILL OPERATE ERROR-FREE OR UNINTERRUPTED OR THAT ALL PROGRAMMING ERRORS IN THE SERVICES CAN BE FOUND IN ORDER TO BE CORRECTED. PESA DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERS.
9. Indemnification

   You will defend, indemnify and hold Pesa and its affiliates, directors, officers, employees, and agents harmless against any loss, damage or costs (including reasonable legal fees) incurred in connection with any claims, demands, suits, or proceedings made or brought against Pesa arising out of or in connection with:
   (a) your use or misuse of the Services;
   (b) any breach by you of this Agreement;
   (c) your violation of any applicable law or regulation;
   (d) your provision of false, inaccurate, or misleading information, whether during registration, transaction processing, or customer support interactions; and
   (e) third-party claims arising from your actions using the Services, including but not limited to claims of fraud, unauthorized access, or illegal transactions. Pesa reserves the right to assume exclusive control of any matter subject to indemnification by you, in which case you agree to cooperate fully with Pesa in asserting any available defenses.

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10. Limitation of Liability
    
    1. SOME PROVINCES AND TERRITORIES DO NOT PROVIDE EXCLUSION OF LIMITATION OF LIABILITY FOR ALL TYPES OF DAMAGES (INCLUDING THE PROVINCE OF QUEBEC). IN THOSE PROVINCES, PESA WILL ONLY BE LIABLE TO YOU FOR DAMAGES THAT WE ARE EXPRESSLY REQUIRED TO BE LIABLE TO YOU UNDER APPLICABLE LAW.
    2. YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT WILL PESA OR ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS BE LIABLE TO YOU FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST PROFITS, LOSS OF DATA OR LOSS OF BUSINESS) ARISING OUT OF OR IN CONNECTION WITH THE SERVICES (INCLUDING THE PESA APP AND THE PESA WEBSITE) OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).
    3. PESA’S LIABILITY (INCLUDING FOR GREATER CERTAINTY, THE LIABILITY OF OUR ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE ACTUAL AMOUNT OF DIRECT DAMAGES. IN ADDITION, TO THE EXTENT PERMITTED BY APPLICABLE LAW, PESA AND ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS ARE NOT LIABLE, AND YOU AGREE NOT TO HOLD THESE PARTIES RESPONSIBLE, FOR ANY DAMAGES OR LOSSES (INCLUDING, BUT NOT LIMITED TO, LOSS OF MONEY, GOODWILL, OR REPUTATION, PROFITS, OR OTHER INTANGIBLE LOSSES OR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES) RESULTING DIRECTLY OR INDIRECTLY FROM: (A) YOUR USE OF OR YOUR INABILITY TO USE THE SERVICES VIA THE PESA APP OR PESA WEBSITE; (B) DELAYS OR DISRUPTIONS IN THE SERVICES; (C) GLITCHES, BUGS, ERRORS, OR INACCURACIES OF ANY KIND IN THE PESA WEBSITE, PESA APP, SERVICES OR IN THE INFORMATION AND GRAPHICS OBTAINED FROM THEM; (E) THE CONTENT, ACTIONS, OR INACTIONS OF THIRD PARTIES; (F) A SUSPENSION OR OTHER ACTION TAKEN WITH RESPECT TO YOUR PESA WALLET; (G) YOUR LOSS OF OR INABILITY TO DO BUSINESS, AS A RESULT OF CHANGES TO THIS AGREEMENT.
11. Service Availability; Suspension of Access
    
    1. Service Availability. The Services are generally available 24 hours a day, 365 days a year. However, we do not guarantee that our Services will always be available or be uninterrupted. We have the right to suspend, withdraw, discontinue or change all or any part of our Services without notice to you. We will not be liable to you if for any reason our Services are unavailable (in whole or in part) at any time or for any period. You are responsible for making all arrangements necessary for you to have access to the Services (including all hardware and telecommunications services).
    2. Suspension of Access. In addition to the above, certain circumstances may require Pesa to suspend or terminate (where appropriate), as determined in Pesa’s reasonable discretion, your access to and/or use of, or otherwise modify, the Services in order to: (a) prevent material damages to, or material degradation of the integrity of, Pesa’s network; or (b) comply with any law, regulation, court order, or other governmental order. Pesa will notify you of such suspension or termination action as far in advance of such suspension or termination as reasonably possible, and if such advance notice is not possible, then as soon as possible after such suspension or termination. In the event of a suspension, Pesa will limit such suspension to that which is minimally required and will promptly restore your access to the Services as soon as the event giving rise to the suspension has been addressed (including by you agreeing to accept the risks associated with such suspension) or resolved.
12. Third Party Services
    
    1. Third Party Providers and Services. Pesa may from time to time engage third party partners and providers in order to deliver you the Services (collectively, “Third Party Services”) for your use. Your access or use of any Third Party Services is solely between you and the applicable provider of Third Party Services (“Third Party Provider”). Any use by you of Third Party Services offered through the Services is entirely at your risk and discretion, and it is your responsibility to read the terms and conditions and/or policies applicable to such Third Party Services before using them.
    2. No Liability for Third Party Services. Pesa does not provide any warranties with respect to Third Party Services and shall not be responsible or liable to anyone for such Third Party Services. The integration or enabling of such Third Party Services with the Services does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by or with Pesa. Pesa does not guarantee the availability of Third Party Services and you acknowledge that Pesa may disable access to any Third Party Services at any time in its sole discretion and without notice to you. Pesa is not responsible or liable to anyone for discontinuation or suspension of access to, or disablement of, any Third Party Service.
13. General
    
    1. Assignment. You may not assign any of its rights or obligations hereunder, whether by operation of law, change of control or otherwise, without the prior written consent of Pesa. Notwithstanding the foregoing, Pesa may assign this Agreement in its entirety without your consent and at any time.  Any attempt by you to assign its rights or obligations under this Agreement in breach of this section will be void and of no effect.
    2. Feedback. You may provide reasonable feedback to Pesa including, but not limited to, suitability, problem reports, suggestions and other information with respect to the Services (“Feedback”). You hereby grant to Pesa a fully paid-up, royalty-free, worldwide, assignable, transferable, sublicenseable, irrevocable, perpetual license to use or incorporate into the Services, and any other Pesa products or services, or for any other purposes, any Feedback provided by you.
    3. Waiver. Pesa’s right to claim a breach of any term of this Agreement will not constitute a waiver of such breach or the right of Pesa to enforce any subsequent breach of such term. No failure or delay by Pesa in exercising any right under this Agreement will constitute a waiver of that right.  
    4. Unenforceable Provisions. If any provision of this Agreement is held to be unenforceable or illegal, such decision will not affect the validity or enforceability of such provisions under other circumstances or the remaining provisions of this Agreement and this Agreement will be reformed only to the extent necessary to make it enforceable under such circumstances.
    5. Independent Contractors.  The relationship of Pesa and you established by this Agreement is that of independent contractors, and nothing contained in this Agreement will be construed to constitute the parties as legal partners, joint venturers, co-owners or otherwise as participants in a joint undertaking, or allow either party to create or assume any obligation on behalf of the other party for any purpose whatsoever.
    6. Governing Law. This Agreement will be governed by the laws of the Province of Ontario, without regard to its conflict of law principles. The courts located in Toronto, Ontario will have exclusive jurisdiction to adjudicate any dispute arising out of or relating to this Agreement and each party hereby consents to the exclusive jurisdiction of such courts.
    7. Amendments. EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, PESA MAY UNILATERALLY AMEND THIS AGREEMENT, IN WHOLE OR IN PART (EACH, AN “AMENDMENT”), BY: (I) GIVING YOU PRIOR NOTICE OF SUCH AMENDMENT; OR (II) POSTING NOTICE OF SUCH AMENDMENT ON THE PESA WEBSITE. UNLESS OTHERWISE INDICATED BY PESA ANY SUCH AMENDMENT WILL BECOME EFFECTIVE AS OF THE DATE THE NOTICE OF SUCH AMENDMENT IS PROVIDED TO YOU OR IS POSTED ON THE WEBSITE (WHICHEVER IS THE EARLIER).
    8. Language of Agreement. The parties hereto confirm that they have requested that this Agreement and all related documents be drafted in English. Any French translation hereof has been provided for information purposes only and does not have any legal value nor create any contractual relationship between the parties. Les parties aux présentes ont exigé que la présente entente et tous les documents connexes soient rédigés en anglais. Toute traduction de celle-ci est non-officielle, est fournie à des fins d’information seulement et ne crée aucun lien contractuel entre les parties.
    9. Contact Us. If you have any questions or concerns about this Agreement, you may contact us at: support@pesapeer.com or visit our Frequently Asked Questions page, which provides answers to common questions, which are incorporated into this Agreement. Please note that email or online chat communications will not necessarily be secure; accordingly you should not include financial information or other sensitive information in your e-mail correspondence with us.