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VIVE.com's Terms of Use

Terms and Conditions

In the event there is any inconsistency between the English version of our Website and any other language version, the English version shall be binding.

ACCEPTANCE OF TERMS
Read these Ecocarrier Inc. ("www.vive.com") Terms and Conditions ("Terms") carefully before you accept these Terms by: (a) placing an order through www.vive.com, and/or (b) using the www.vive.com website ("Website") in any other manner. If you do not agree to all of these terms, do not use this Website.

The Terms are entered into by and between Ecocarrier Inc. ("www.vive.com") and you. If you are using the Services on behalf of your employer, you represent that you are authorized to accept these Terms on your employer's behalf. Ecocarrier Inc. ("www.vive.com") provides the on-line resources accessible via www.vive.com (the "Services") to you, subject to the Terms. Unless explicitly stated otherwise, the Terms will govern your use of any new features that augment or enhance the current Services, including the release of new www.vive.com resources.

SERVICES

An Ecocarrier Inc. ("www.vive.com") customer (the "Sender") may send mobile credit top up to a designated receiver (the "Receiver") anywhere in the world where Ecocarrier Inc. ("www.vive.com") offers its Services over the Internet using INTERAC Online or any other electronic payment method ("Payment Method"). Ecocarrier Inc. ("www.vive.com") reserves the right to limit the number and amount of mobile credit top ups, or to decline to accept or send any mobile credit top ups that it or its agents determine in their sole discretion violates any applicable law or Ecocarrier Inc. ("www.vive.com") policy. When required by applicable law, mobile credit top up sent or received in Canada will be reported to federal, provincial, local and/or foreign authorities. You will be required to provide Ecocarrier Inc. ("www.vive.com") with certain information to allow us, among other things: to verify your identity; to receive appropriate Payment Method authorization; and/or to complete the transaction. Please refer to Ecocarrier Inc.'s ("www.vive.com") Privacy Policy for information concerning Ecocarrier Inc. ("www.vive.com") use of this and other personal information.

PRICES, CURRENCY, AND PAYMENT

Prices. In consideration for the use of the Service, you agree to pay to Ecocarrier Inc. ("www.vive.com") for each mobile credit top up initiated by you at the applicable price then in effect. The price for your transaction will be provided to you prior to your final authorization of the transaction, in addition to any applicable fees for additional services.

Currency. Prices are in USD, and payments will be made in USD. The currency of the mobile credit top up is the currency of the destination country, USD, or EUR, depending on the mobile operator.

Payment. Payment is due and payable before Ecocarrier Inc. ("www.vive.com") processes the transaction. You must pay for the Service with your Payment Method. If Ecocarrier Inc. ("www.vive.com") does not receive authorization from the Payment Method issuer, the transaction will be not be processed, and the mobile credit top up will not be sent to the Receiver. Ecocarrier Inc. ("www.vive.com") assumes no liability for damages resulting from or arising out of non-payment of the transaction by reason of non-receipt of authorization from the Payment Method issuer. Each time you use the Service you agree that Ecocarrier Inc. ("www.vive.com") is authorized to charge your designated Payment Method account for the mobile credit top up price and any other applicable fees. (Your agreement with your Payment Method issuer governs use of your Payment Method, and you must refer to that agreement to ascertain your rights and liabilities as a user of your Payment Method, which may include a "cash advance" fee.)

REFUNDS

Refund of top up price and cancellation of the mobile credit top up will be made upon written request of the Sender if the top up has not yet been sent to the Receiver at the time the request is processed by Ecocarrier Inc. ("www.vive.com"). Refund will be made within 45 days of receipt of a valid written request from the Sender. Refund of top up price will be made upon written request of the Sender if the top up is not sent to the Receiver within the time specified by Ecocarrier Inc. ("www.vive.com") for the selected service. Refund will be made within 45 days of receipt of a valid written request from the Sender.

RESOLUTION OF DISPUTES
Dispute or claim by Sender must be made in writing no later than thirty (30) days of the mobile credit top up transaction. Failure to contest a transaction or charge within such timeframe will create an irrefutable presumption of the correctness of the transaction and charge, absent manifest error, and that Sender shall have waived the right to dispute that transaction or charge.

Any dispute or claim arising from or relating to a mobile credit top up that involves a claim by Sender for less than $10000, exclusive of interest, arbitration fees and costs, shall be settled by arbitration administered by the Canadian Arbitration Association ("CAA") under its Arbitration Rules for the Resolution of Consumer Related Disputes. Any other dispute or claim arising from or relating to a mobile credit top up shall be settled by arbitration administered by the CAA under its Commercial Arbitration Rules, with such arbitration to be held in the most populous city in the province from which the mobile credit top up was sent, or in such other location as the parties may mutually agree. Each party shall bear its own lawyer's, expert's and witness fees, which shall not be considered costs of arbitration. Judgement on any award rendered by the arbitrator may be entered in and enforced by any court having jurisdiction thereof. The parties agree that neither of them shall have the right to participate as a representative or a member of any class of claimants pertaining to any claim subject to arbitration under this paragraph and that claims of third parties shall not be joined in any arbitration between the parties. If any portion of this paragraph is deemed invalid or unenforceable, it shall not invalidate the remaining portions of this paragraph. THE PARTIES ACKNOWLEDGE AND AGREE THAT, EXCEPT AS EXPRESSLY PROVIDED IN THIS PARAGRAPH, THEY ARE WAIVING ALL RIGHTS TO A TRIAL BY COURT OR JURY AS A MEANS OF RESOLVING ANY DISPUTES ARISING OUT OF OR RELATING TO A MOBILE CREDIT TOP UP.

YOUR OBLIGATIONS

In consideration of your use of the Services, you agree to be solely responsible for: (a) providing true, accurate, current, and complete information about you as prompted by the Service's registration form (the "Registration Data"), and (b) maintaining and promptly updating the Registration Data to keep it true, accurate, current and complete. You are solely responsible for the security of your password. Ecocarrier Inc. ("www.vive.com") is not liable for any unauthorized use of your www.vive.com account or the Website or Services. If you provide any information that is false, inaccurate, out of date, or incomplete, or Ecocarrier Inc. ("www.vive.com") has reasonable grounds to suspect that such information is false, inaccurate, not current, or incomplete, Ecocarrier Inc. ("www.vive.com") may suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof). You are responsible for all costs and charges, including without limitation, phone charges and telecommunications equipment, that you incur in order to use the Services.

LIMITATION OF LIABILITY

IN NO EVENT SHALL Ecocarrier Inc. ("www.vive.com") BE LIABLE FOR DAMAGES FOR DELAY, NONDELIVERY, NONPAYMENT OR UNDERPAYMENT OF THE MOBILE CREDIT TOP UP, OR ANY SMS NOTIFICATION MESSAGE, WHETHER CAUSED BY NEGLIGENCE ON THE PART OF ITS EMPLOYEES OR AGENTS OR OTHERWISE, beyond refunding the price of the mobile credit top up. IN NO EVENT WILL Ecocarrier Inc. ("www.vive.com") BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. THESE CONDITIONS CANNOT BE CHANGED OR SUPPLEMENTED ORALLY.

Ecocarrier Inc. ("www.vive.com") AND ITS AGENTS RESERVE THE RIGHT TO DECLINE TO SEND MOBILE CREDIT TOP UP THAT EITHER OF THEM DETERMINES IN THEIR SOLE DISCRETION VIOLATES ANY APPLICABLE LAW OR Ecocarrier Inc. ("www.vive.com") POLICY.

INDEMNITY

You agree to indemnify and hold Ecocarrier Inc. ("www.vive.com"), and its subsidiaries, affiliates, officers, agents, co-branders, alliance members, or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Services, including any use by your employees, your connection to the Services, your violation of the Terms, or your violation of any rights of another.

NOTICES; MODIFICATION AND TERMINATION OF SERVICES
Ecocarrier Inc. ("www.vive.com") may send notices to you via either email or regular mail. The Services may also provide notices of changes to the Terms or other matters by displaying notices or links to notices to you generally on the Services. Ecocarrier Inc. ("www.vive.com") reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. Ecocarrier Inc. ("www.vive.com") may make changes to www.vive.com, including regarding products, services, programs, and prices, at any time without notice. Ecocarrier Inc. ("www.vive.com") in its sole discretion, may terminate your password, www.vive.com account, or use of the Services, for any reason, including, without limitation, for lack of use or if Ecocarrier Inc. ("www.vive.com") believes that you have violated or acted inconsistently with the letter or spirit of the Terms. Any termination of your access to the Services under any provision of the Terms may be effected without prior notice, and Ecocarrier Inc. ("www.vive.com") may immediately de-activate or delete your www.vive.com account and all related information in your www.vive.com account and/or bar any further access to such information or the Services. Further, Ecocarrier Inc. ("www.vive.com") will not be liable to you or any third-party for any termination, modification, or suspension of the Services.

DISCLAIMER OF WARRANTIES

YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. UNLESS OTHERWISE EXPLICITLY STATED, THE CONTENT ON Ecocarrier Inc.'s ("www.vive.com") WEBSITES IS PROVIDED "AS IS", "WITH ALL FAULTS," IS EXPERIMENTAL, AND IS FOR COMMERCIAL USE ONLY. Ecocarrier Inc. ("www.vive.com") DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. Ecocarrier Inc. ("www.vive.com") MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTIES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY OF THE CONTENT CONTAINED ON Ecocarrier Inc.'s ("www.vive.com") WEBSITES. IN NO EVENT WILL Ecocarrier Inc. ("www.vive.com") OR ITS SUPPLIERS BE LIABLE FOR THE ACCURACY OR COMPLETENESS OF THE CONTENT OR INFORMATION FROM Ecocarrier Inc.'s ("www.vive.com") WEBSITES.

Ecocarrier Inc. ("www.vive.com") MAKES NO WARRANTY OR CONDITION THAT: (i) THE SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, OR THAT (iv) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Ecocarrier Inc. ("www.vive.com") OR THROUGH OR FROM THE SERVICES WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THE TERMS. Ecocarrier Inc.'s ("www.vive.com") EMPLOYEES ARE NOT AUTHORIZED TO VARY THESE TERMS.

INTELLECTUAL PROPERTY RIGHTS

The Services and any software used in connection with the Services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Information presented to you through the Services is protected by copyrights, trademarks, service marks, patents, publicity rights, or other proprietary rights and laws. Except as expressly authorized by Ecocarrier Inc. ("www.vive.com"), you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Services or the Software, in whole or in part.

You may use the Software and related Services only subject to the agreement or license that accompanies such Software or Services. You may use Services only during their specified term, for the enumerated number of times, for the specified number of individuals, or as otherwise limited in the applicable agreement or license. Services involving an update, version release, product release, maintenance release, patch or derivative work of a licensed Software or Service may be used only: (a) on systems for which such Software or Service were specifically licensed; and (b) subject to the license and warranty term governing the original product or Service.

'Ecocarrier Inc. ("www.vive.com") Trademarks' means all names, marks, brands, logos, designs, trade dress and other designations Ecocarrier Inc. ("www.vive.com") uses in connection with the Services. You may refer to the Services by the associated Ecocarrier Inc. ("www.vive.com") Trademarks, provided that such reference is truthful and not misleading and complies with the then current Ecocarrier Inc. ("www.vive.com") Trademark and Logo Policies. You may not remove or alter any Ecocarrier Inc. ("www.vive.com") Trademarks, nor may you co-logo Products or material associated with your services. You acknowledge Ecocarrier Inc.'s ("www.vive.com") rights in Ecocarrier Inc. ("www.vive.com") Trademarks and agree that any and all use of Ecocarrier Inc. ("www.vive.com") Trademarks shall inure to the sole benefit of Ecocarrier Inc. ("www.vive.com"). You agree not to incorporate any Ecocarrier Inc. ("www.vive.com") Trademarks into your trademarks, service marks, company names, Internet addresses, domain names, or any other similar designations.

All Content provided on this Website is the copyrighted work of Ecocarrier Inc. ("www.vive.com"). Except as stated herein, none of the Content may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior express written permission of Ecocarrier Inc. ("www.vive.com"). No part of the Website, including logos, graphics, sounds or images, may be reproduced or retransmitted in any way, or by any means, without the prior express written permission of Ecocarrier Inc. ("www.vive.com"). You also may not, without Ecocarrier Inc.'s("www.vive.com") prior express written permission, "mirror" any Content contained on this Website on any other server.

Any unauthorized use of any Content contained on this Website may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

GENERAL INFORMATION

The Terms constitute the entire agreement between you and Ecocarrier Inc. ("www.vive.com") and govern your use of the Services, superseding any prior agreements between you and Ecocarrier Inc. ("www.vive.com") (including, but not limited to, any prior versions of the Terms). You must not assign or otherwise transfer the Terms nor any right granted hereunder.

Ontario Canada law and controlling Canadian federal law govern any action related to the Terms. No choice of law rules of any jurisdiction apply. The parties specifically disclaim the U.N. Convention on Contracts for the International Sale of Goods. You and Ecocarrier Inc. ("www.vive.com") agree to submit to the personal and exclusive jurisdiction of the courts located within the province of Ontario, Canada.

This Website could include inaccuracies or typographical errors. Ecocarrier Inc. ("www.vive.com") may make improvements and/or changes in the products, services, programs, and prices described in this Website at any time without notice. Changes are periodically made to the Website. Ecocarrier Inc. ("www.vive.com") may amend these Terms at any time by posting the amended terms on this site.

The failure of Ecocarrier Inc. ("www.vive.com") to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. If a court of competent jurisdiction finds any provision of the Terms to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms are for convenience only and have no legal or contractual effect. These Terms represent the entire understanding relating to the use of the Website and prevail over any prior or contemporaneous, conflicting, or additional, communications.

Ecocarrier Inc.
30 East Beaver Creek Road, Unit 209
Richmond Hill, Ontario
Canada L4B 1J2
Telephone: +1-905-597-8133
Fax: +1-905-597-9122
Email: support@vive.com

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Privacy

This Privacy Statement describes how Ecocarrier Inc. ("www.vive.com", we, us and our) collects, uses and discloses your personal information. Personal information is information about an identifiable individual. This Privacy Statement applies to our collection, use and disclosure of personal information about our consumer and business customers and other individuals we deal (you and your). This Privacy Statement does not apply to information about our employees or to information that is not personal information.

INFORMATION WE COLLECT

"www.vive.com" collects personal information about you from a variety of sources in the course of providing money transfer and payment services and related products and services we provide. Personal information we collect and the sources of such personal information include the following:

We collect personal information when you register and ask us to send mobile credit top up or to provide other goods or services, provided by telephone, online at our Website, through paper-based forms or at Our agent locations. This personal information may include identities and contact information of senders and recipients of mobile credit top up or payments, credit card, banking or other billing information, and other personal identifiers, out of wallet questions used to verify your identity for security and fraud prevention purposes, identification number and amounts paid or transferred. We collect personal information when you submit personal information on applications or other forms to us or our affiliates, including in connection with sending and receiving money transfers, through your enrolment and participation in loyalty programs and when you provide additional information we may reasonably request for fraud prevention purposes. We collect information about your transactions with us, including transaction history, such as frequency of use and amounts transferred. In connection with identify verification, fraud prevention and similar security purposes, we collect and/or confirm certain identity-related information, financial background and similar information through third parties sources such as our business customers, government agencies and consumer reporting agencies; We collect information regarding your online activity as described in the section below titled INTERNET TECHNOLOGY. We may collect personal information otherwise with your consent or as permitted or required by law.

HOW WE USE PERSONAL INFORMATION

"www.vive.com" generally uses personal information in the course of its mobile credit top up, payment and related services and products for the following purposes:

Authorizing and processing your transactions, including effecting and administering mobile credit top ups and payments and ensuring proper payment to the designated recipient of funds. Collecting amounts owing to us, and otherwise enforcing and collecting on your accounts or agreements with us.

Meeting legal, regulatory, risk management, fraud prevention and security requirements, which may include (among other measures) verifying the identity of the sender and recipient of funds and checking identities against money laundering, terrorist financing or similar watch lists established by regulatory agencies or similar bodies in Canada, the United States or in other countries. For identity verification purposes, senders and recipients of mobile credit top ups or payments may be required to produce valid identification [or consent to verification by other means] before releasing funds. For marketing and promotional purposes, unless you opt out or withdraw consent to this purpose, as described in the section entitled Offers, Promotions and Opting Out below. Maintaining business and transaction records for reasonable periods, and generally managing and administering our business.

In connection with certain business transactions relating to "www.vive.com", its business or assets, as further described in the section entitled Information We Disclose below. Meeting insurance, audit and processing requirements. Otherwise with your consent or as permitted or required by law.

INFORMATION WE DISCLOSE
We may disclose your personal information to our affiliates and to unaffiliated third parties in connection with the purposes described in this Privacy Statement as follows:

To Provide Services. In order to process and complete requested mobile credit top ups and payments, we may disclose personal information to the recipient of a mobile credit top up or payment, to our local affiliates at the sender's or receiver's location, as applicable, to authorized agents (both at the sender's and the recipient's location), to our mobile credit top up service providers, to the mobile operator of the recipient, and, if applicable, to any banks or other financial institutions or financial services companies involved in the transaction or our services. Business Partners. Some of our services or programs that you participate in are provided jointly with other third party business partners, and certain personal information may be disclosed to these third party businesses for the purpose of administering the service or program. Marketing Purposes. We may disclose personal information to third parties for marketing and promotional purposes, unless you opt out or withdraw consent to this disclosure, as described in the section entitled Offers, Promotions and Opting Out below.

Service Providers. We may transfer personal information to outside agents or service providers (including affiliates of "www.vive.com" acting in this capacity) that perform services on our behalf, for example marketing, information technology and/or data hosting or processing services. Some of these service providers or affiliates may be located outside of Canada, including in the United States, and your personal information may be collected, used, disclosed, stored and processed in the United States or elsewhere outside of Canada for the purposes described in this Privacy Statement. We take reasonable measures to ensure that personal information that may be processed by these service providers on our behalf is protected and not used or disclosed for purposes other than as directed by us, subject to legal requirements in Canada, the United States and other foreign countries applicable to "www.vive.com" affiliates, agents and service providers, for example lawful requirements to disclose personal information to government authorities in those countries. Business Transactions. Your personal information may be used by "www.vive.com" and disclosed to parties connected with the contemplated or actual financing, securitization, insuring, sale, assignment or other disposal of all or part of our business or assets (including, for example, your service account with us), for purposes related to the evaluation and performance of these transactions, including:

permitting such parties to evaluate and determine whether to proceed or continue with the transaction, and fulfilling reporting, inspection or audit requirements or obligations to such parties. Successors and assigns of "www.vive.com" and/or its business or assets may use and disclose your personal information for similar purposes as described in this Privacy Statement. Legal, Regulatory, etc. "www.vive.com" may disclose your personal information as necessary to meet legal, regulatory, insurance, audit, and security requirements, and as otherwise with your consent or as permitted or required by law (including as required by applicable Canadian and foreign laws). This may include lawful requirements to disclose personal information to government authorities in Canada and in foreign countries, for example disclosures in compliance with suspicious activity reporting requirements under anti-terrorism, anti-money laundering and similar laws and regulations in Canada or in foreign countries.

OFFERS, PROMOTIONS AND OPTING OUT

"www.vive.com" may use your contact details and information about your use of our services (e.g. frequency, value of mobile credit top up, or destination country) for marketing and solicitation purposes to send you offers, promotions or information about additional products and services of "www.vive.com" and our affiliates that may be of interest to you. In addition, "www.vive.com" may disclose your contact details to third parties to permit those organizations to offer and provide information about their products and services that may interest you. These third parties may include, as examples:

Ecocarrier Inc. ("www.vive.com") affiliates Authorized Ecocarrier Inc. ("www.vive.com") agents

You may opt out or withdraw consent to the use and/or disclosure of your personal information for the purposes described in this section at any time by checking the appropriate box in the email preferences of your account in www.vive.com. If you do not opt out or withdraw your consent as described above, we will assume that you consent to our use and disclosure of your personal information for marketing and solicitation purposes as described in this section.

INTERNET TECHNOLOGY

Some of "www.vive.com" services (for example money transfers) are made available using online forms at our Website, www.vive.com. Personal information you provide on online forms or by other electronic means will be collected used and disclosed as described generally in this Privacy Statement.

In addition, when you visit or use our Websites, we collect information about the domain and host from which you access the Internet; your computer's Internet address; the browser and operating system software you use; the date and time you access our Website and the Internet address of the site from which you linked to our Website when you visit us. We use this information to diagnose, administer and optimize our Websites and web-related services.

When registering or creating an account at our Websites, we collect your password and login name and other information we may request in order to identify you, maintain security of our Website and verify and control access to your account or online profile. If you make inquiries through the e-mail links, forms or other contact methods provided on our Websites, these inquiries are forwarded to the relevant office or department, and are used to respond to your inquiry and maintain a record of correspondence.

We collect aggregated data which tracks users as a whole. Aggregated data tracks "www.vive.com" user activity in general, and is not used to identify you personally. Aggregated tracking information helps us to determine which areas of our site users like and do not like based on traffic to those areas. Ecocarrier Inc. ("www.vive.com") does not track what you read, but rather how well each page performs overall. This data helps us to continue to deliver a better service for you. We may disclose such aggregated information to third parties such as our advertisers and partners.

We use Internet technologies like cookies and web beacons to facilitate the services we provide on our Websites and your use of our Websites, including:

To assist us in providing services to you;
To allow you to change web pages during your visit without having to re-enter your password;
To store your preferences and other information and to track activity on our Website;
To better understand the effectiveness of our promotional campaigns;
To determine whether you came to our site from a banner ad or an affiliate website;
To deliver Information specific to your interests on additional websites; and
To determine whether you've acted on our promotional messages

A "cookie" is a text file placed on your computer's hard drive by a web server, which allows for personalization of certain aspects of your visit to that website. "Web beacons" are transparent electronic images placed in the web code that collect non-personal data while visiting a website. Cookies and web beacons can usually be disabled by changing your browser preferences. Your browser usually has documentation on how to disable cookies and web beacons. Note that disabling cookies may limit the performance of "www.vive.com" Website(s). If cookies are disabled, certain features of our Websites may not function properly, and you may not be able to register or use your online account.

To protect both you and us, we use services provided by a third-party to help decide whether to accept transactions from personal computers, mobile phones, or other devices. The third-party service checks whether these devices have been identified with fraudulent or abusive transactions in the past, such as reported instances of identity theft, account takeovers, or malware attacks. For this purpose, a cookie file, flash storage token, or other code file may be placed on your device to identify it in the future when you visit our Website or connect with our applications. On connection with our site or service, we will transmit that device identification code to the third-party's server, along with data concerning certain technical attributes of your device such as the model, operating system, and browser version, as well as the IP address, all of which are used to confirm device identification. The third-party's server responds with a code recommending that transactions be accepted, denied, or reviewed, according to settings we have selected. We also report to the third-party if we conclude that a device has been used in connection with a fraudulent or abusive transaction with us. If you set your browser or device to reject these cookies or tokens, you may not be able to conclude some transactions through our Website or application. We share with the third-party referenced above only your account ID (email address) and information about the device you are using, which may also have been used or appropriated by others, and do not identify you or reveal the details of your transaction to that third-party. The third-party uses your email address only as an account identifier and will not use it to contact you and will not share it with any other party. If your requested transaction is declined, or if you have questions about our use of a device reputation service, please contact support@vive.com.

Children's Privacy. Our Websites are not directed at children under the age of 13. "www.vive.com" does not knowingly collect or maintain personal information at our Website from those we actually know are under the age of 13.

External Websites. Our Websites may be linked to or from third party websites. These links are provided as a convenience only, and "www.vive.com" is not responsible for the content or privacy practices of websites that are linked to or from our Website. You are advised to review the privacy policies of any third party websites you visit.

YOUR CONSENT

Generally, by using our Website and providing us with personal information, you consent to our collection, use and disclosure of such information for the purposes described in this Privacy Statement, if applicable, or otherwise at the time of collection of your personal information.

Consent to the collection, use and disclosure of personal information may be given in various ways. Consent can be express (for example, orally, electronically or on a form you may sign describing the intended uses and disclosures of personal information) or implied (for example, when you provide information necessary for a service you have requested). You may provide your consent in some circumstances where notice has been provided to you about our intentions with respect to your personal information and you have not withdrawn your consent for an identified purpose, such as by using an opt out option provided, if any. Consent may be given by your authorized representative (such as a legal guardian or a person having a power of attorney).

You may withdraw your consent to our collection, use and disclosure of personal information at any time, subject to contractual and legal restrictions and reasonable notice. Note that if you withdraw your consent to certain uses of your personal information, we may no longer be able to provide certain of our products or services. Note also that where we have provided or are providing services to you, your consent will be valid for so long as necessary to fulfil the purposes described in this Privacy Statement or otherwise at the time of collection, and you may not be permitted to withdraw consent to certain necessary uses and disclosures (for example, but not limited to, maintaining reasonable business and transaction records, disclosures to Canadian and foreign government entities as required to comply with laws, and reporting on credit information after credit has been granted, if applicable).

We may also be required or permitted under statute or regulation to collect, use or disclose personal information without your consent, for example to comply with a court order, to comply with local or federal regulations or a legally permitted inquiry by a government agency, or to collect a debt owed to us.

CONFIDENTIALITY AND SECURITY
We endeavour to maintain physical, electronic and procedural safeguards to protect personal information against loss or theft, as well as unauthorized access, disclosure, copying, use or modification. Authorized employees, agents, representatives and mandates that require access to your personal information in order to fulfil their job requirements will have access to your personal information.

We are regulated by FINTRAC and Canada Revenue Agency, both Canadian government agencies. We use 128-bit data security encryption to ensure that your financial information sent between your web browser and our Website remains private and secure. The servers we use to store your information are protected both physically and electronically. They reside behind a firewall and are not directly connected to the Internet. We regularly audit our security policies to ensure the protection of your personal data.

No data transmission over the Internet or the telephone can be guaranteed to be perfectly secure, and any personal information you submit to us or access electronically or over the telephone is done at your own risk, and "www.vive.com" does not guarantee or warrant the security of information transmitted in these manners. You should be aware that third parties may unlawfully intercept your transmissions or may wrongly instruct you to disclose personal information to them while posing as "www.vive.com" and you should exercise caution when providing personal information to any person.

"www.vive.com" record retention policies dictate that we maintain information about you, including your opt-out choices, for a fixed time period. If you do not perform another transaction during the fixed time period, your Information, as well as your opt-out choice will be removed. If you perform another transaction or otherwise provide us with personal information thereafter, you will be afforded another opportunity to opt-out.

CORRECT/UPDATE

"www.vive.com" offers the ability to correct or change the information collected during your registration. You can login to your account and change your information.

DELETE/DEACTIVATE
You may delete your account at any time by sending an email to support@vive.com.

CHANGES

"www.vive.com" reserves the right to modify this Privacy Statement from time to time. You can get updated Privacy Statements by visiting our Website at www.vive.com. We urge you to review this Privacy Statement frequently to obtain the current version. Your continued provision of personal information or use of our services following any changes to this Privacy Statement constitutes your acceptance of any such changes.

Ecocarrier Inc.
30 East Beaver Creek Road, Unit 209
Richmond Hill, Ontario
Canada L4B 1J2
Telephone: +1-905-597-8133
Fax: +1-905-597-9122
Email: support@vive.com

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Refunds
Refund of top up price and cancellation of the mobile credit top up will be made upon written request of the Sender if the top up has not yet been sent to the Receiver at the time the request is processed by Ecocarrier Inc. ("www.vive.com"). Refund will be made within 45 days of receipt of a valid written request from the Sender. Refund of top up price will be made upon written request of the Sender if the top up is not sent to the Receiver within the time specified by Ecocarrier Inc. ("www.vive.com") for the selected service. Refund will be made within 45 days of receipt of a valid written request from the Sender.

Ecocarrier Inc.
30 East Beaver Creek Road, Unit 209
Richmond Hill, Ontario
Canada L4B 1J2
Telephone: +1-905-597-8133
Fax: +1-905-597-9122
Email: support@vive.com

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AML and Compliance Policy

Ecocarrier Inc. ("www.vive.com") IS A REGISTERED MONEY SERVICE BUSINESS WITH THE FINANCIAL TRANSACTIONS AND REPORTS ANALYSIS CENTRE OF CANADA (FINTRAC).

THIS IS OUR POLICY TO COMPLY WITH ALL GOVERNMENT REGULATIONS AT ALL TIMES.

AS A MONEY SERVICE BUSINESS, WE ARE SUBJECT TO THE FOLLOWING FINTRAC REGULATIONS:

REPORTING

We are required to report the following types of transactions to FINTRAC:

Suspicious Transactions
Terrorist Property
Large Cash Transactions
Electronic Funds Transfers

RECORD KEEPING

We are required to keep all client, transaction and corporate records for a minimum of 5 years.

ASCERTAINING IDENTITY

We are required to collect and verify your identification for transactions of $1,000 and more.

POLITICALLY EXPOSED FOREIGN PERSON (PEFP)

For transactions of $100,000 and more, we are required to make PEFP determination.

THIRD PARTY DETERMINATION
If you are conducting a transaction on someone else's behalf, we are required to obtain information on both parties: you and the person on whose behalf you are conducting the transaction.

COMPLIANCE REGIME

We are required to maintain a compliance program containing adequate policies and procedures in accordance with the FINTRAC regulations.

For more information, refer to FINTRAC website: http://fintrac-canafe.gc.ca/msb-esm/intro-eng.asp.

ADDITIONAL MEASURES WE TAKE TO PREVENT MONEY LAUNDERING AND TERRORIST FINANCING

WE TAKE THE FOLLOWING ADDITIONAL MEASURES TO PREVENT MONEY LAUNDERING AND TERRORIST FINANCING:

SCANNING AGAINST THE OSFI AND OFAC WATCH LIST


It is our policy to check each transaction against the OSFI and OFAC watch lists. Any matched names are subject to further review by the compliance officer.
TRANSACTION MONITORING

We have adequate controls pertaining to the transaction activity at several instances of the life cycle of a transaction. These controls include:

Client Profiling
Risk Assessment
Client Identification Controls and Validations
Transaction Aggregation Thresholds
Government Reporting Controls and Validations
Possible Structuring Reporting
Enhanced Due Diligence Reporting

Ecocarrier Inc.
30 East Beaver Creek Road, Unit 209
Richmond Hill, Ontario
Canada L4B 1J2
Telephone: +1-905-597-8133
Fax: +1-905-597-9122
Email: support@vive.com

vive.com Trademark Notices
vive.com, the vive.com logo,  formative trademarks and logos, and other trademarks appearing on this website, are trademarks or registered trademarks of vive.com in Canada, the United States and other countries.


 

Copyright VIVE 2012. All Rights Reserved.