How We Share The Information We Collect
We will not share the personal information we collect about you with any third party except as indicated below or when we inform you and give you an
opportunity to opt out of having your personal information shared. We will share your information in the following ways:
- Our suppliers, subcontractors and business partners: (“service providers”):
We may share your data with our services providers and business partners who perform marketing services and other business operations for us for the
purposes set forth above. For example, we may partner with companies to process secure payments, fulfill orders, optimize services, serve online
behavioral advertising, send newsletters and marketing messages, support email and messaging services, and analyze information. These service providers
are required to treat the data in accordance with confidentiality requirements.
- Service requests:
We enable you to request information and/or services from third party service providers or partners by filling out a registration, information request,
or similar service request form for specific services from them (e.g., filling in a sponsored partner’s form to identify your retirement risk profile
and/or submitting a request with such information for more information from that partner or another party). When you fill out and submit a service
request form through our Website, you consent to our providing your personal information and request to the third party provider and/or partner.
Sharing this information with the party provider and/or partner allows them to contact you using the contact information you provided. Additionally,
we have other contractual partners that that utilize their own service provider to supplement our offering, and we share your information with them in
order to attempt to provide the services requested.
- Group Companies:
We may share your information with our affiliates, which are entities under common ownership or control of our ultimate parent company, SRCube Corporation
for marketing purposes, security, optimization of products and services, and internal reporting. We do this for the purposes set out above.
- Where required by law:
We may disclose your information with law enforcement agencies, courts, other government authorities, or other third parties when we believe in good
faith that such disclosure is appropriate in order to investigate, prevent, or take action regarding possible illegal activities, suspected fraud,
situations involving potential threats to the physical safety of any person, violations of this Privacy Policy or the Terms of Service for the Services
you accessed, and/or to protect the rights and property of SRCube Corporation, our employees, users and the public, or to comply with a legal or regulatory
obligations. This may involve the sharing of your information with law enforcement, government agencies, courts, and/or other organizations.
- In the context of a transaction:
we may share your personal information with potential transaction partners, service providers, advisors and other third parties in connection with the
consideration, negotiations, or completion of a corporate transaction in which we are acquired by or merged with another company or we sell or transfer
or all or a portion of our assets or business. In such an event, we will seek to provide you with commercially reasonable notice , e.g.,via email and/or
notice on our website, of any change in ownership, incompatible new uses of your personal information, and choices you may have regarding your personal
information.
- Advertisers and advertising networks:
Advertisers and advertising networks place ads on our Website. These companies may collect information, such as your computer’s IP address, browser
information, and mobile device ID as you use our Website and Services. These companies, as well as data analytics companies who service them, may also
use cookies, pixel tags, mobile device advertising IDs and other similar technologies to collect this information when you visit our Website (for example,
web pages visited), as described in our Cookie Policy. They use the data to enable them to track your activity across various sites where they display ads
and record your activities, so they can show ads that they consider relevant to you. We neither have access to, nor does this Privacy Policy govern, the
use of cookies or other tracking technologies that may be placed on your computer, mobile phone, or other device you use to access the Services by
non-affiliated, third-party ad technology, ad servers, ad networks or any other non-affiliated third parties.
In cases of onward transfer to third parties of data of EU or Swiss individuals received pursuant to the EU-US or the Swiss-US Privacy Shield, SRCube Corporation
is potentially liable.
Data Retention and Access
We will retain your personal data only for as long as necessary for the purposes it was retained, such as to enable you to use the Website and your products or
to provide services to you. In some instances, we may retain data for longer periods in order to comply with applicable laws (including those regarding
document retention), resolve disputes with any parties, and otherwise as necessary to allow us to conduct our business. All personal data we retain will be
subject to this Privacy Policy and our internal retention guidelines. We respect your control over your information and, upon request, we will seek to confirm
your identity and whether we hold or are processing information that we have collected from you. You also have the right to amend or update inaccurate or
incomplete personal information, request deletion of your personal information, or request that we no longer use it. Under certain circumstances we will not
be able to fulfill your request, such as if it interferes with our regulatory obligations, affects legal matters, we cannot verify your identity, or it
involves disproportionate cost or effort, but in any event we will respond to your request within a reasonable timeframe and provide you an explanation.
In order to make such a request of us, please email us at privacy@investopedia.com.
Your Rights and Your Privacy Choices
You have certain rights regarding the personal information we hold about you, subject to local law. These may include the rights to access, correct, delete,
restrict, or object to our use of, or receive a portable copy in usable electronic format of your personal information. You may also have a right to lodge a
complaint with your local data protection or privacy regulator.
You also have choices when it comes to the privacy practices described in this Privacy Policy. A few of those choices are set forth below and others are
available in our Cookie Policy.
Choices relating to information we collect: We may be required by law to collect certain personal information about you or as a consequence of any
contractual relationship we have with you. Failure to provide this information may prevent us from providing certain Services or all of the Services to
you.
Online behavioral advertising: You may opt-out of third party advertising-related cookies, pixel tags, and web beacons, in which case our advertising
should not be targeted to you. You will continue to see advertisements on the Website. However, they will not be tailored to you. You can choose to opt-out
through these (and other) websites:
- Network Advertising Initiative (http://www.networkadvertising.org/)
- Digital Advertising Alliance (http://www.aboutads.info/consumers)
- Your Online Choices (http://www.youronlinechoices.com/)
Mobile devices:
- Advertising:
When using a mobile application you may receive tailored in-application advertisements. Each operating system, iOS for Apple phones,
Android for Android devices and Windows for Microsoft devices provides its own instructions on how to prevent the delivery of tailored
in-application advertisements. You may review the support materials and/or the privacy settings for the respective operating systems in order
to opt-out of tailored in-application advertisements. For any other devices and/or operating systems, please visit the privacy settings for the
applicable device or contact the applicable platform operator. We do not control how the applicable platform operator allows you to control
receiving tailored in-application ads; thus, you should contact the platform provider if the above options are no longer available. Note that
you may opt out of tracking and receiving tailored advertisements on your mobile device by some mobile advertising companies and other similar
entities by downloading the App Choices app at www.aboutads.info/appchoices
- Location Information:
When you use one of our location-enabled services (for example, when you access Services from a mobile device), we may need
to collect and process information about your specific GPS location (including the latitude, longitude or altitude of your mobile device) and the
time the location information was recorded, and we may use that information to customize the Services with location-based information, advertising,
and features. Some of these services require your personal data for the feature to work and we associate location data with your device ID and
other information we hold about you. You can stop your location information from being collected by disabling this function within the settings
available on your device. In connection with currency conversion functionality found on our site (if applicable), "By using our website, you (the
visitor) agree to allow third parties to process your IP address, in order to determine your location for the purpose of currency conversion. You
also agree to have that currency stored in a session cookie in your browser (a temporary cookie which gets automatically removed when you close
your browser). We do this in order for the selected currency to remain selected and consistent when browsing our website so that the prices can
convert to your (the visitor) local currency."
We encourage you to contact us at the contact information set forth below to update or correct your information if it changes or if the personal information we hold about you is inaccurate. Where you have provided your consent to any use of your personal information, you can withdraw this consent at any time.
Please note that we may require additional information from you in order to honor your requests.
If you would like to discuss or exercise any rights you may have under law, please contact us at the contact information set forth below.
Automated Decisions About You
When you use the Services, we may make automated decisions about you based on your personal information in the following circumstances:
- To deliver personalized offers, discounts, or recommendations based on your shopping history, viewing history, and browsing history, and
- To serve you with ads based on various factors such as the content of the page you are visiting, information you provide such as your age or gender, your searches, demographic data, user-generated content and other information that you provide to us. These ads may be based on your current activity or your activity over time and may be tailored to your interests.
Right to Access, Review, Change or Delete Information
To access, review, change or delete personal information we have collected from you, please visit our Privacy Center page and send a message to our Support
team. To make changes to your account, you may also login to your account and visit the Manage Profile page.
Your specific rights regarding access, review, revision, or deletion of your information is dictated by local laws.
Legal rights applicable to personal data collected in the EEA. Pursuant to the EU General Data Protection Regulation (Regulation 2016/679) natural
persons (called data subjects) are afforded certain rights regarding their personal data, including the right access, correct, delete, restrict or object
to our use of, and receive a portable copy in a usable electronic format of your personal information. You also have the right withdraw any consent that
you have previously provided to us and to lodge a complaint with your local data protection or privacy regulator.
If you would like to exercise any of the rights outlined above, and the law of your jurisdiction requires us to honor that request, please send your request
in writing to the address in the “Contact Us” section below. To assist us in processing your request in timely manner, please make your request in
English if you are able to do so. Your request should include any information relevant to your request, including, without limitation: (i) your name,
email and postal address; (ii) the specific right you are asserting (e.g., removal); and (iii) if you are requesting removal, a brief explanation of
why you believe such information should be removed.
To help us prevent fraudulent removal requests, please also include a legible copy of a document that verifies your identity. You need not provide a
government-issued document; a utility bill or similar mailing will suffice. You may also obscure parts of the document such as identifying numbers so
long as the document continues to clearly identify you. If you are making the request on behalf of another person, please indicate your relationship
to that person and provide evidence of your authority to make such request. All requests for removal will be reviewed by SRCube Corporation’s legal and
compliance team and we reserve the right, in compliance with applicable laws, to accept or reject, or make further inquiries regarding, any requests.
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your
request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex
or you have made a number of requests. In this case, we will notify you and keep you updated.
Use Outside the United States of America
The Website and any SRCube Corporation mobile applications are controlled and offered by SRCube Corporation, LLC from the United States of America and, regardless
of your place of residence, your use of them is governed by the law of the State of New York, USA. SRCube Corporation makes no representations that the Website
and any SRCube Corporation mobile applications are appropriate for use in other locations or are legal in all jurisdictions. Those who access or use the Website
and any SRCube Corporation mobile applications from other locations do so at their own risk and are responsible for compliance with local law. You consent
to the transfer and processing of your data in the United States of America and any other jurisdiction throughout the world. As a U.S. company, this
Privacy Policy is provided in English.
Linked Sites and Advertisements
The Services may contain links to third-party websites. We are not responsible for the privacy practices or the content of those third-party websites.
We have relationships with third-party providers to provide content, products, services, and functionality through the Services. Such providers may
collect information from you directly, in which case the provider’s privacy policy (which may differ from this Privacy Policy) would apply. If you
have any questions regarding the privacy policy of any of our providers, you should contact the provider directly for more information.
International Data Transfer
If you are receiving the Services from outside the United States, your personal data will be transferred to and stored in our servers in the U.S. By using
the Services, you consent to our collection and use of your data as described in this Privacy Policy.
Further, if you are receiving the Services from the European Economic Area (the “EEA”) we note that your information may be transferred to, stored, and
processed in a country that is not regarded as providing the same level of protection for personal information as the laws of your home country, and may
be available to the government of those countries under a lawful order made in those countries.
We have put in place appropriate safeguards (such as contractual commitments) in accordance with applicable legal requirements to provide adequate
protections for your personal information. For further details, see European Commission: Model contracts for the transfer of personal data to third
countries. We may also transfer data to the U.S. under the Privacy Shield framework which requires them to provide similar protection to personal data
shared between the EU and the US.
EU-US Privacy Shield Framework and Swiss-US Privacy Shield Framework
The Website complies with the EU-US Privacy Shield Framework and the Swiss-US Privacy Shield Framework as set forth by the U.S. Department of Commerce
regarding the collection, use, and retention of personal information from European Union and Switzerland to the United States, respectively. SRCube Corporation
has certified to the Department of Commerce that it adheres to the Privacy Shield Principles. If there is any conflict between the terms in this Privacy
Policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view
SRCube Corporation’s certification for the Website and mobile applications, please visit https://www.privacyshield.gov.
In compliance with the EU-US and Swiss-US Privacy Shield Principles, SRCube Corporation commits to resolve complaints about your privacy and our collection or
use of your personal information. European Union or Swiss individuals with inquiries or complaints regarding this Privacy Policy should first contact
us at the address set forth in the “Contact Us” section below.
SRCube has further committed to refer unresolved privacy complaints regarding the Website or mobile applications under the EU- US and Swiss-US Privacy
Shield Principles to an independent dispute resolution mechanism, the BBB EU PRIVACY SHIELD, a non-profit alternative dispute resolution provider
located in the United States and, operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgment of your complaint, or
if your complaint is not satisfactorily addressed by us, please visit the BBB EU PRIVACY SHIELD web site for more information and to file a complaint.
Please note that if your complaint is not resolved through the channels listed in this Privacy Policy, under limited circumstances, a binding arbitration
option may be available before a Privacy Shield Panel.
SRCube Corporation is subject to the investigatory and enforcement powers of the Federal Trade Commission (FTC).
SRCube.biz Intellectual property rights
SRCube or the relevant owner, retains all rights (including copyrights, domain names, trademarks, patents as well as any other intellectual property right)
in relation to all information provided on or via this web site (including all texts, graphics and logos). You may not copy, download, publish, distribute
or reproduce any of the information contained on this web site in any form without the prior written consent of SRCube or the appropriate consent of the
owner.
Terms of Using the Escrow Platform (Canada)
These Terms of Using the Escrow Platform ("Terms of Using the Escrow Platform" or "Agreement") shall serve as an agreement that sets forth the terms and
conditions which will govern your use and participation in the transaction management and escrow services provided on and through SRCube Corporation (the "Services").
By choosing to utilize the Services you shall have also indicated your acceptance of these Terms of Using the Escrow Platform and your intent and agreement to
be bound by them. If you are unwilling to agree to these Terms of Using the Escrow Platform, you shall discontinue further use of the Services. If you agree to
these Terms of Using the Escrow Platform, you will be bound as follows:
- Definitions -
"Account" means (i) an account of a Buyer from which payment for the Transaction and related fees will be obtained, (ii) an account of a Seller to which payment for the Transaction and other payments will be credited, or (iii) an account of a Broker to which payment for the Transaction and other payments will be credited and/or related fees will be obtained. "Agreement" refers to this Agreement, the then current operating rules contained on the Site and the Transaction Escrow Instructions. "Transaction Detail Screens" means those screens on the Site where Users provide all requested information in connection with a Transaction. "Escrow Instructions" or "General Instructions" means the document on the Site that contains the terms agreed upon on the Transaction Detail Screens, as well as the other terms and conditions of the escrow transaction including these Terms of Using the Escrow Platform. "User" means Buyer(s), Seller(s), and Broker(s) participating in a Transaction. "Site" refers to the website for the Services which can be found at www.srcube.biz. Capitalized terms not defined herein shall have the same meaning as set forth in the General Escrow Instructions.
- Description of the Service -
The Services are Internet-based transaction management services performed by SRCube Corporation and escrow services provided by Canadian Payments Inc., a British Columbia corporation (“Payments”) which acts as escrow agent in a Transaction, which Services are intended to facilitate the completion of the underlying transaction under the terms of this Agreement, the Site and the applicable Transaction Escrow Instructions.
- Limits on the Services -
The Services are only available for lawful items and items not otherwise excluded by Section 4 below. Limitations on the Services may apply and can be found on the Site or in the General Escrow Instructions or Transaction Escrow Instructions. Only registered Users may use the Services. In order to register, you must supply all information required on the Site. Applicable provincial, territorial or federal laws and regulations may further limit the Services.
- Prohibited Transactions -
Users shall not utilize the Site or the Services in connection with any Transaction that is illegal or involves any illegal items, or is for any illegal purpose; involves any obscene material; involves any munitions or firearm; involves pirated software, DVD or videos or item(s) otherwise infringing copyrighted works; involves illegal drugs or controlled substances; involves real property or any interest in real property, the sale or transfer of liquor licenses, the sale of a business (bulk sale), the transfer of title to a business entity, fund or joint control escrows, mobile homes or manufactured homes or the refinancing of either, reservation deposits of any kind, or promissory notes, mortgages or deeds of trust; or involves transactions directly or indirectly involving persons (individuals or entities) with whom Canadian or U.S. persons are prohibited from engaging pursuant to sanctions and export controls administered by Global Affairs Canada, the Trade Controls Bureau or the U.S. Departments of Treasury, Commerce and State.; or involves transactions directly or indirectly involving persons (individuals or entities) with whom Canadian or U.S. persons are prohibited from engaging pursuant to laws and regulations administered by Global Affairs Canada or the U.S. Departments of Treasury, Commerce and State. In addition, SRCube Corporation, in its sole discretion, may refuse to complete any Transaction that SRCube Corporation has reason to believe is unauthorized or made by someone other than you, may violate any law, rule or regulation, or if SRCube Corporation has reasonable cause not to honour it. Each User agrees to indemnify and hold SRCube Corporation harmless for losses resulting from any use or attempted use of the Services in violation of this SRCube Corporation Agreement.
- Rejection of Payment -
Since the use of a bank account, credit card or debit card account, or the making of an electronic funds transfer may be limited by your agreement with your financial institution and/or by applicable law, SRCube Corporation is not liable to any User if SRCube Corporation does not complete a Transaction as a result of any such limit, or if a financial institution fails to honour any credit or debit to or from an Account. SRCube Corporation may post operating rules related to payment on the Site and change such rules from time to time.
- General Conditions of Use -
If you arrive at the Site through entities linked and/or integrated with SRCube Corporation or otherwise by or through a third party (e.g., an auction, exchange, or Internet-based intermediary that hosts electronic marketplaces and mediates transactions among businesses), then you authorize such third party to transfer relevant data to SRCube Corporation to facilitate the Transaction. You represent and warrant that all information you provide to SRCube Corporation or to such third party will be true, accurate and complete. The party entering into this Agreement on behalf of any User represents and warrants that he/she is authorized to do so and to bind the User and is a natural person of at least eighteen (18) years of age. In order to initiate and commence a Transaction, all Users to a Transaction must register at the Site, agree to all terms in the General Escrow Instructions and agree to the Transaction Escrow Instructions.$
- Obligations of Sellers -
On the Transaction Detail Screens, each Seller to a Transaction must designate an Account to which payment for the Transaction will be made. Each Seller authorizes Payments and its authorized agents to initiate credit entries to such Seller's Account for payment of the purchase price, or applicable balance due, and to debit Seller's Account to discharge Seller's obligations. Each Seller in a Transaction shall deliver the items set forth in Transaction Detail Screens directly to Buyer (or Buyers), at the address specified by such Buyer as shown on the SRCube Corporation website and on the terms and conditions set forth in the Transaction Escrow Instructions and General Escrow Instructions. Seller shall use a delivery service that provides a confirmation of delivery and Seller shall provide SRCube Corporation with a tracking or reference number for the shipment of the goods. Seller gives SRCube Corporation permission to act as its agent in communicating with the shipping company regarding the notice of the delivery of the goods. In the event SRCube Corporation does not receive notice of shipment from Seller within ten (10) calendar days of notification from SRCube Corporation's notice to Seller to ship the items, Seller authorizes SRCube Corporation to return the escrowed funds (excluding any amount payable to SRCube Corporation for SRCube Corporation fees) to Buyer. In the event of a return of the items by Buyer, Seller shall notify SRCube Corporation of the receipt of the returned items. Upon receipt of such notice from Seller, Seller's five (5) day inspection period shall commence. In the event Seller accepts the returned items within the inspection period or fails to act within the inspection period, SRCube Corporation shall remit the escrowed funds (excluding SRCube Corporation fees) to Buyer. If Seller notifies SRCube Corporation of its non-acceptance of any returned items within the Seller's Inspection Period, then SRCube Corporation will retain the escrow funds pending resolution of the dispute or take other action as authorized. Notwithstanding anything to the contrary above, if all Users to a Transaction agree on the Transaction Detail Screens that there is no shipping required, then no party hereto will have any obligation under this Agreement with respect to shipping.
- Obligations of Buyers -
On the Transaction Detail Screens, Buyer must designate a payment mechanism and an Account from which the purchase price and related fees (unless such fees are to be paid by Seller) will be obtained for the deposit into escrow. Depending on the amount of the Transaction and the currency selected for the Transaction, Buyer may remit the necessary funds via various methods, which may include corporate credit card, charge card, debit card or purchasing card, check (cheque), cashier's check, money order, or wire transfer. In the case of wire transfers, Buyer will initiate the wire to an account designated by SRCube Corporation on or before the date set forth in the Transaction Detail Screens. Regardless of the payment method, Buyer authorizes SRCube Corporation and SRCube Corporation authorized agents to initiate credit or debit transactions, as applicable, to obtain the purchase price and fees due for a Transaction and to initiate any debit or credit entries or reversals, as the case may be, as may be necessary to correct any error in a payment or transfer and to discharge Buyer's obligations under this Agreement. SRCube Corporation will deposit funds received from Buyer into an escrow trust account maintained by SRCube Corporation (the "Escrow Account"). Unless otherwise requested as specified in the following sentence, escrowed funds are not deposits (and are therefore not insured by the Canada Deposit Insurance Corporation) and do not earn interest for Buyer or Seller. If you anticipate an extended closing of the Transaction, then you may request and approve an instruction to have SRCube Corporation place Buyer's funds into an interest bearing account for the benefit of Buyer or Seller. If interest is to accrue to the benefit of the Seller, then both Buyer and Seller must request and approve the establishment of the interest-bearing account. If this request is made, then SRCube Corporation will charge the account of the party to whom the interest accrues an additional non-refundable service charge of $100.00, which must be paid in advance.
Buyer shall notify SRCube Corporation of the receipt or non-receipt of the items on the date the merchandise is received or the Buyer Inspection Period is started. Buyer shall notify SRCube Corporation of Buyer's acceptance or rejection of the items before the Buyer's Inspection Period expires. Upon receipt of notice from Buyer that the items have been received and accepted, SRCube Corporation shall transfer the payment amount (less any amount payable to SRCube Corporation for SRCube Corporation fees) to Seller's Account. Transfer to a Seller generally will be initiated within the next business day from the day on which notice of acceptance of the items is received from Buyer. If Buyer has not notified SRCube Corporation of the non-receipt or rejection of the items during the Buyer's Inspection Period, then Buyer authorizes SRCube Corporation to remit the escrowed funds (excluding any amount payable to SRCube Corporation for SRCube Corporation fees) to the Seller. Buyer shall follow the procedures set forth on the Site in the event the items are rejected.
- Obligations of Brokers -
On the Transaction Detail Screens, each Broker to a Transaction must designate an Account to which the Broker Fee payment will be made. Each Broker authorizes Payments and its authorized agents to initiate credit entries to such Broker’s Account for payment of the Broker’s commission, and to debit Broker’s account to discharge Broker’s obligations. Each Broker in a Transaction shall provide Buyer email, Seller email, and Transaction details including purchase price, merchandise description, inspection period and which party is responsible for the Broker and Escrow fees.
- Our Responsibilities -
SRCube Corporation is obligated to perform only those duties expressly described in this Agreement and the General Escrow Instructions. SRCube Corporation shall not be liable for any error in judgment, for any act taken or not taken, or for any mistake of fact or law, except for gross negligence or wilful misconduct (and where permitted by applicable law, subject to the limitations in Section 17 below). SRCube Corporation may rely upon any notice, demand, request, letter, certificate, agreement or any other document which purports to have been transmitted or signed by or on behalf of a User indicated as the sender or signatory thereof and shall have no duty to make any inquiry or investigation. In the event that SRCube Corporation is uncertain as to SRCube Corporation duties or rights under this Agreement, receives any instruction, demand or notice from any User or financial institution which, in SRCube Corporation's opinion, is in conflict with any of the provisions of this Agreement, or any dispute arises with respect to this Agreement or the Escrowed Funds, SRCube Corporation may (i) consult with counsel of its choice (including its own attorneys) and any actions taken or not taken based upon advice of counsel shall be deemed consented to by you, or (ii) refrain from taking any action other than to retain the funds in escrow for delivery in accordance with the written agreement of the Users, the final decision or award of an arbitrator pursuant to an arbitration commenced and conducted in accordance with the General Escrow Instructions or a final, non-appealable judgment of a court of competent jurisdiction, or (iii) discharge our duties under this Agreement by depositing all funds by interpleader action application for declaratory judgment or otherwise with a court of competent jurisdiction in accordance with the procedures outlined in the General Escrow Instructions.
SRCube Corporation may, at any time, give notice of SRCube Corporation's intent to resign as Escrow Agent. If, within ten (10) days of such notice, SRCube Corporation has not received notice from all Users in a Transaction that they have designated a substitute escrow agent (which notice shall identify the substitute escrow agent), SRCube Corporation may discharge SRCube Corporation duties under this Agreement by depositing all escrowed funds with a court of competent jurisdiction. If an alternate Escrow Agent is so designated, SRCube Corporation shall be discharged from SRCube Corporation duties under this Agreement, the General Escrow Instructions and the Transaction Escrow Instructions by delivering all escrowed funds to such person or entity. Upon payment of the escrow funds pursuant to this Agreement, SRCube Corporation shall be fully released from any and all liability and obligations with respect to the escrow funds and the Transaction.
- Canceling a Transaction -
If a Transaction cannot be completed for any reason, including cancellation by SRCube Corporation for any reason, SRCube Corporation will notify each User in such Transaction by e-mail, to the e-mail address each has provided to SRCube Corporation. In SRCube Corporation's sole discretion, SRCube Corporation may cancel any Transaction if each User to a Transaction fails to agree on the terms as required in the Transaction Details Screens by clicking the "Agree" button as requested on the Site. You may cancel a Transaction as provided in this Agreement, in the General Escrow Instructions or in the Transaction Escrow Instructions.
- Questions about the Services -
You may inquire about payments made through the Service by calling the toll-free number that appears on the Site or by filling out the customer service form. If you believe an error has been made or there has been any unauthorized use of your Account or the Services, you agree to call or send an e-mail as soon as possible, but no later than forty-eight hours after you became aware of an error. When you contact SRCube Corporation, please be prepared to provide your name, SRCube Corporation reference number and your email address you have registered on the Site.
- Statements, Verification -
You agree that all disclosures and communications regarding this Agreement and the Service shall be made by e-mail or on the Site, unless the parties make other arrangements as set forth in the General Escrow Instructions.
- Digital Identification -
You understand and agree that SRCube Corporation will create, issue, and verify a digital identification (a "Digital ID") for each User. This Digital ID is attached to each accepted electronic document and notification e-mails. You agree that your Digital ID is a valid "Electronic Signature." Please review the General Escrow Instructions for more information about SRCube Corporation's use of the Digital ID.
- Fees -
Unless otherwise agreed upon by each User in the Transaction, Buyer agrees to pay the fees for the Services that are disclosed on the Site (https://www.wicketpro.com/fee-calculator) at the time the completed Transaction Escrow Instructions are agreed to by all such Users, as well as any other fees, including, without limitation, third party service fees (e.g., shipping, appraisal, inspection, etc.). Once paid, SRCube Corporation fees are non-refundable. SRCube Corporation fees may change from time to time in SRCube Corporation's absolute and sole discretion. SRCube Corporation is not responsible for payment of any sales, use, personal property or other governmental tax or levy imposed on any items purchased or sold through the Services or otherwise arising from the Transaction.
- Security -
SRCube Corporation uses secure sockets layer ("SSL"), a security protocol that provides data encryption, server authentication, and message integrity for connections to the Internet to ensure that the data you provide SRCube Corporation is not transmitted over the Internet unencrypted and cannot be viewed by unauthorized individuals. SRCube Corporation has also implemented a security system requiring a user ID and a password to access your transactions on the Site. You agree not to give your password to any other person or entity and to protect it from being used or discovered by anyone else.
- Disclaimers -
You expressly agree that your use of the Services is at your sole risk. To the extent permitted by applicable law, the Services are provided on a strictly "as is" and "as available" basis. SRCube Corporation MAKES NO WARRANTY WITH REGARD TO THE UNDERLYING TRANSACTION, ANY ITEMS OBTAINED BY YOU THROUGH THE USE OF THE SITE OR THE SERVICES, THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES OR THE SITE WILL BE UNINTERRUPTED, TIMELY, OR ERROR FREE.
To the extent permitted by applicable law, SRCube Corporation expressly disclaims any and all express and implied warranties, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. To the extent permitted by applicable law, SRCube Corporation shall not be liable or responsible for those guarantees, warranties and representations, if any, offered by any Seller of items. No advice or information, whether oral or written, obtained by you from SRCube Corporation or through the Services shall create any warranty not expressly made herein.
You acknowledge and agree that SRCube Corporation does not endorse the website of any third party or assume responsibility or liability for the accuracy of any material contained therein, or any infringement of third-party intellectual property rights arising therefrom, or any fraud or other crime facilitated thereby. In no event will SRCube Corporation be liable for any act or omission of any third party, including, but not limited to, your financial institution, any payment system, any third party service provider, any provider of telecommunications services, Internet access or computer equipment or software, any mail or delivery service or any payment or clearing house system or for any circumstances beyond SRCube Corporation's control (including but not limited to, fire, flood or other natural disaster, war, riot, strike, terrorism, act of civil or military authority, equipment failure, computer virus, infiltration or hacking by a third party, or failure or interruption of electrical, telecommunications or other utility services).
- Limitation of Liability -
TO THE EXTENT PERMITTED BY APPLICABLE LAW, NEITHER SRCube Corporation NOR ITS AFFILIATES, SHALL BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL, RELATING TO YOUR USE OF THE SITE OR THE SERVICES OR YOUR INABILITY TO USE THE SITE OR THE SERVICES.
- Termination of Services -
SRCube Corporation may suspend or terminate your use of the Services at any time, without notice for any reason, in SRCube Corporation's sole discretion. Except as warranted by risk to the security, privacy compliance with the law or integrity of the Services, SRCube Corporation will attempt to provide you with prior notice of the suspension or termination of the Services by sending you an e-mail, but SRCube Corporation is not obligated to do so. You shall remain liable for all Transactions you initiate through the Services prior to such termination, and the performance of your obligations, including but not limited to, the delivery of the items and the payment of all amounts you owe prior to termination or discontinuation of your use of the Services. You agree to pay all costs and expenses (including reasonable attorneys' fees) that SRCube Corporation may incur in order to (a) collect any amounts you owe under this Agreement, the General Escrow Instructions, or the Transaction Escrow Instructions or (b) to initiate an arbitration or judicial proceeding to resolve a dispute between Buyer and Seller, as set forth in the General Escrow Instructions.
- Non-Transferability of the Services -
You may not assign this Agreement the General Escrow Instructions or the Transaction Escrow Instructions to any other person or entity. Your right to use the Services shall not be sold or transferred to any other person or entity without the prior written consent of SRCube Corporation. SRCube Corporation may assign this Agreement upon notice to you. Any assignment or transfer in violation of this provision shall be null and void.
- Modifications -
To the extent permitted by law, SRCube Corporation reserves the right to change this Agreement, or any portion of it, at any time, without prior notice, provided that no such change will apply to a Transaction once the Users to such Transaction have agreed to the Transaction Escrow Instructions. You understand that the most recent version of this Agreement will be located on the Site.
- Notices -
Notices from SRCube Corporation to you will be given by e-mail, or by general posting on the Site. You may contact SRCube Corporation by filling out the customer support form or such other email address as SRCube Corporation posts as its address for notice on the Site in the most recent version of the Terms of Using the Escrow Platform
- Indemnification -
You agree to indemnify and hold SRCube Corporation, SRCube Corporation affiliates and their respective officers, directors, shareholders, employees and assigns, harmless from any claim, demand, expense or damage, including reasonable attorneys' fees and court costs, arising from or caused by your use of the Services or any violation of this Agreement, the rules contained on the Site or the Transaction Escrow Instructions, including, without limitation, payment of SRCube Corporation fees and any charge backs from a card organization or reversal or non-payment of any credit or debit entry.
- Miscellaneous -
In the event of any dispute, claim, question, or disagreement arising from or relating to, this Agreement or to the Underlying Transaction, or breach of any of them, you agree to resolve such dispute in the manner set forth in the General Escrow Instructions. This Agreement shall be governed by the laws of British Columbia, Canada. Any dispute shall be resolved pursuant to the Dispute Resolution and Governing Law/Venue provisions of the General Escrow Instructions. This Agreement in conjunction with the General Escrow Instructions and Privacy Policy (https://www.srcube.biz/legal) contained on the Site constitutes the entire agreement between SRCube Corporation and you relating to the subject matter hereof and supersedes all prior or contemporaneous understandings, agreements, communications and/or advertising with respect to such subject matter. If there is a conflict between the terms and conditions of this Agreement, the rules contained on the Site, and/or the General Escrow Instructions, then the conflicting terms set forth in the General Escrow Instructions shall control first, these Terms of Using the Escrow Platform shall control second and the rules contained on the Site shall control third. The General Escrow Instructions are incorporated herein by this reference. SRCube Corporation's failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by SRCube Corporation in writing. If any term or other provision of this Agreement is invalid, illegal or incapable of being enforced by any law or public policy, all other terms and provisions of this Agreement shall nevertheless remain in full force and effect for so long as the economic or legal substance of the transactions contemplated hereby is not affected in any manner materially adverse to any party hereto.
Notwithstanding other provisions in this Agreement, SRCube Corporation may assign this Agreement to any current or future affiliated company and to any successor in interest without notifying you. SRCube Corporation also may delegate certain of SRCube Corporation rights and responsibilities under the Agreement to independent contractors or other third parties.
If you are a registered User of the Site, then each time you request the Services will constitute your agreement to these Terms of Using the Escrow Platform, as amended from time to time in SRCube Corporation's sole discretion, and evidence that you have read, understood and accepted the then applicable Terms of Using the Escrow Platform