(Last revised February 22, 2023)
The following terms of service are terms of a legal agreement (the “Agreement”) between you (“you”, “your”, or “user”) and Bree Inc., its subsidiaries, affiliates, agents and assigns (“Bree”, “we”, “us”, or “our”) which sets forth the terms and conditions for your use of Bree’s website, TryBree.com. By accessing, browsing and/or using TryBree.com or the Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement and to comply with all applicable laws and regulations. The terms and conditions of this Agreement form an essential basis of the bargain between you and Bree, and this Agreement governs your use of TryBree.com and the Services.
1. Getting started
Please carefully review this Agreement before using TryBree.com or the Services, or accessing any data thereon. If you do not agree to these terms, you may not access or use TryBree.com or the Services.
Welcome to Bree! We’re a platform where you can learn about how to manage your personal finances and, more excitingly, receive overdraft protection deposits to help prevent you from going into overdraft for recurring or upcoming bill payments or other life expenses.
To access or our website at TryBree.com or our platform, including any services offered through our website or platform (collectively, our “Platform”), you must agree to these terms of service (“Terms”), which constitute a legal agreement between you (“you”, “your”, or “user”) and Bree Technologies Inc. (“Bree”, “we”, “us”, or “our”) and which set forth the terms and conditions for your use of our Platform.
If you have questions regarding your access to or use of the Platform or about these Terms, please contact us by e-mail at firstname.lastname@example.org.
2. MODIFICATION OF THIS AGREEMENT
Bree reserves the right in our sole discretion to amend these Terms for any or no reason, at any time, and from time to time. All such amendments will be effective from the date they are published and will apply to all access to or continued use of the Platform.
By continuing to use or access the Platform following such amendment, you agree to be bound by the Terms as amended, regardless of whether or not Bree notified you of such amendments. You agree to periodically review these Terms in order to be aware of any amendments.
4. CREATING A USER ACCOUNT AND LINKING YOUR BANKING
- Creating Your User Account
To access and use certain services available through our Platform, you will first be required to create a user account. Our services that require you to have a user account include our subscription service that provides you access to our budgeting tool, spending analytics, and streamlined overdraft protection services (our “Subscription Service”).
To create a user account, you will be required to provide your name, email address, a login name, and a password, and other information related to your user account that we may require from time to time (the information you provide when creating a user account is collectively called your “Account Details”). When creating a user account, you agree to provide correct, current, and complete Account Details, and to promptly update your Account Details if any information changes – for example, if you change your email address.
While we take steps to protect your Account Details, you acknowledge and agree that you are also responsible for maintaining the confidentiality of your Account Details. If you believe any of your Account Details (such as your password) have been compromised or that someone else is accessing your user account, you agree to promptly inform us and to take reasonable steps to secure your user account – for example, by changing your password.
You acknowledge and agree that your user account is personal to you, and that you cannot share your user account with, or transfer your user account to, another person without our prior written consent.
- Verifying Your Identity
To use some of the services available through our Platform, including our overdraft protection services, we may first require that you help us verify your identity. Accordingly, you agree to authorize us to make any inquiries we consider reasonably necessary to validate your identity upon our request and to cooperate in getting answers to those inquiries. If you do not respond to our request to make inquiries or if we cannot verify your identity to our satisfaction, you acknowledge that we may refuse to allow you to use such services.
- Linking to Your Banking
To use the Platform, you will need to provide Bree with access to your account transaction history, balance information, and/or certain other information maintained by third parties with which you have relationships, maintain accounts, or engage in financial transactions (“Third-Party Account Information”). By using the Platform, you authorize Bree to access Third-Party Account Information on your behalf as your agent, and you hereby expressly authorize applicable third parties to disclose your information to us. By agreeing to these Terms, you are also agreeing that you are responsible for keeping any passwords and usernames you provide to us secure, and for keeping those passwords and usernames up to date in the Platform.
Bree does not review information, including information you provide, maintained by third parties for accuracy, legality, or non-infringement, and Bree is not responsible for your information or products and services offered by or on third-party sites.
You acknowledge that any information based on your linked bank account that is displayed through our Platform will be the information we most recently accessed by us, and that this information may not be accurate, up-to-date, or reflect pending transactions or other recent activity.
5. USING OUR OVERDRAFT PROTECTION SERVICE
- Overview of Our Overdraft Protection Service
We offer an overdraft protection service through cash deposits ahead of your anticipated or already-earned income (each, an “Advance”). Any user can request an Advance, regardless of whether that user has purchased our Subscription Service. However, users requesting an Advance without purchasing the Subscription Service may be required to provide additional financial information, such as additional banking information and transaction history, for example by providing bank statements by emailing us at email@example.com with the subject line “Advance from Bree without Flinks connection” alongside such information.
- Requesting an Advance
You may request an Advance at any time through your user account. In requesting an Advance, you will be required to select:
- the size of the Advance you want to receive within the range we provide. The range of Advance sizes you are eligible for may be based on, among other things, whether you have linked your bank account to our Platform, our review of requested information, and our analysis of your deposits and transaction history. We reserve the right to adjust Advance amounts and our eligibility criteria at any time;
- the amount you’d like to tip us for providing the Advance (a “Tip”). However, you are not required to provide any tip if you don’t want to and your decision on how much to tip, if at all, in no way alters your eligibility to receive an Advance, your ability to access an Advance, or the amount of any Advance you are eligible for. Tips help us grow and provide our overdraft protection services to more users; and
- by default, you will receive your Advance approximately 3 business days after you make your request in accordance with this section 5. However, you can receive your Advance sooner (within approximately 8 hours of your request) by selecting our express delivery option, which may require you to pay an express delivery fee (the “Express Fee”) that will be specified to you at the time you request your Advance, and which may vary depending on the size of the Advance you request and covers increased processing charges we may incur in providing you your Advance on an express basis. The Express Fee and any Tip, as applicable, are due at the time of repayment.
By requesting an Advance, you represent to us that you are requesting that Advance for the express purposes of covering a recurring or known and upcoming payment that would otherwise cause you to go into overdraft or exceed your available funds. Please note that Advances are always provided at Bree’s sole discretion, and may be granted or denied for any reason or no reason.
- Receiving Your Advance
Once you have selected the required inputs to request an Advance in accordance with section 5.2, we will ask you to confirm your request for an Advance before your request becomes active. Upon confirming your Request, we will determine on our end whether you are eligible for the Advance and if so, send you an approval email. You should receive your funds in accordance with whether you selected the standard or express option. If you have any difficulties accessing your Advance, please use the support page on the dashboard. .
- Returning Your Advance
Unless you request otherwise, we will charge your Payment Method for the amount of an outstanding Advance on the return date selected by you through the Platform (your “Selected Date”) or, if you have insufficient funds on that date, on the next date on which you do have sufficient funds
Our goal is to help you avoid overdraft fees and any related negative impacts on your credit, and to help you work towards your financial freedom! We therefore waive any legal or contractual claim we may have against you as a result of your failure to return an Advance and will not engage in any debt collection activities, transfer or sell such a claim to any third-party, or report you to a consumer reporting agency. However, we will not provide you any further Advances while any amount of a previous Advance remains outstanding.
You agree that you will not create additional user accounts for the purposes of requesting additional Advances while you have previous Advances outstanding. We do not waive any rights regarding fraudulent activity and reserve all rights to pursue instances of fraud.
Although Bree is helping users avoid overdraft fees, Bree is not responsible for any overdraft fees, over-the-limit fees, insufficient fund charges, or any other bank fees that result from your failure to maintain a sufficient balance in your Linked Account or Bree Banking Account. Bree monitors your balance and will attempt to ensure you have sufficient funds before debiting your account, but Bree makes no warranties that an overdraft will not occur.
- Requests without Subscription
You may request an Advance without purchasing our Subscription Service by emailing us at firstname.lastname@example.org, with the subject line “Advance from Bree without Flinks connection” alongside your latest bank statements, ID, proof of address, and proof of income (via paystubs). Emails without all supporting documents will not receive a response. .
- Limitations on Our Overdraft Protection Service
Although our goal is to help users avoid overdraft fees, our overdraft protection services are proactive only, meaning we can’t do anything to help you avoid overdraft or other fees if you exceed the funds available in any bank account you may hold. You acknowledge that we are not responsible for any overdraft fees, over-the-limit fees, insufficient fund charges, or any other such fees that may result from your failure to maintain a sufficient balance in any of your bank accounts. We will make reasonable efforts to ensure you have sufficient funds before debiting your bank account but cannot guarantee that overdraft fees or other fees will not occur as a result of or in connection with your return of an Advance in accordance with section 5.4.
6. OUR SUBSCRIPTION SERVICE
Our Subscription Service has a monthly subscription fee ($2.99 plus applicable taxes as of the date of these Terms) (the “Subscription Fee”) and provides you with access to our budgeting tool and spending analytics. Please note – paying the Subscription Fee and using the Subscription Service does not, at any time, guarantee that Bree will approve a request for an Advance. Bree may change the amount of the Subscription Fee at its sole discretion.
- 30-day Free Trial
You may be offered a 30-day free trial of the Subscription Service (the “Trial”). If you are offered participation in the Trial, in order to accept you may be required to provide payment information, such as debit card or bank account details. Following the conclusion of the Trial, you will be charged (and you hereby authorize us to charge you) the Subscription Fee on a monthly basis.
- Payment of Your Subscription Fee
To use our Subscription Service, you will be required to provide a payment method for the Subscription Fee (your “Payment Method”). You will be billed for the Subscription Fee monthly. You authorize us to charge your Payment Method for your Subscription Fee each month and to, as applicable, electronically debit and credit your Payment Method to correct any erroneous debits and credits that may occur or payments that are due. You acknowledge and agree that we will not provide you notice, and you waive any right to notice you may have under applicable law, in advance of a particular charge to your Payment Method.
You represent and warrant to us that you have the right to authorize us to charge your Payment Method for payments due to us under these Terms. If your linked bank account is a joint bank account with someone else, you represent and warrant that you have the authority to (a) bind the absent account holder(s); and (b) enter into these Terms independently. You agree to indemnify and hold Bree harmless from any third-party claims related to your Payment Method.
- Adjustments to Your Subscription Fee
We may adjust your Subscription Fee at any time by notice to you through the Platform or by a communication method otherwise permitted by these Terms. Such an adjustment to your Subscription Fee will be effective in the month following the month in which we provide such notice.
- Cancelling Your Subscription Service
If you have all or part of an Advance outstanding, you may cancel your Subscription Service by notifying us by email at email@example.com. You may cancel your Subscription Service at any time through the Platform or by notifying us by email at firstname.lastname@example.org. Cancellation is effective at the end of the then-current month of your Subscription Service. If we are unable to collect your Subscription Fee because your Payment Method does not contain sufficient funds or our attempt to charge your Payment Method is otherwise declined for any reason, Bree reserves the right to suspend, restrict, or terminate your access to your Subscription Service until such time as your non-payment is remedied.
7. INTELLECTUAL PROPERTY RIGHTS AND OWNERSHIP
Our Platform and all the content of on our Platform (including without limitation all information, reports, data, databases, graphics, interfaces, web pages, text, files, software, code, product names, company names, trademarks, logos, trade names, any other intellectual property contained on the Platform), the manner in which such content is presented or appears and all information relating thereto, and our Platform’s features and functionality (collectively, the “Platform IP”) are owned by us, our licensors, or other providers of such Platform IP, and are protected in all forms by intellectual property laws, including without limitation copyright, trademark, patent, trade secret, industrial design, and any other proprietary rights.
We grant you a personal, revocable, non-transferable, and non-exclusive license to access and read the Platform IP.
You agree that, except as explicitly authorized by us, you will not:
- distribute the Platform IP for any purpose, including without limitation by compiling an internal database, or by redistributing or reproducing the Platform IP by the press or media or through any commercial network, cable, or satellite system;
- create derivative works of, reverse engineer, decompile, disassemble, adapt, translate, transmit, distribute, publish or republish, download, store, arrange, modify, copy, bundle, sell, sub-license, export, merge, transfer, loan, rent, lease, assign, share, outsource, host, make available to any person or otherwise use, either directly or indirectly, the Platform IP in whole or in part, in any form or by any means whatsoever, be they physical, electronic, or otherwise; or
- allow any third-party to access the Platform IP.
8. HOW WE HANDLE DISPUTES
If you believe you were charged any fees by us incorrectly or received an Advance that you did not request, please contact us immediately at email@example.com and include your name, login name, and the issue that you would like us to look into, including the dollar amount of that issue, if applicable.
We will try to resolve the issue you’ve notified us about within 10 business days of receiving your notice – however, you acknowledge that we may be unable to resolve the issue you’ve notified us about within that timeframe. We may, in our discretion, reimburse you for any amounts at issue for the period during which we attempt to resolve the issue, however we are not obligated to do so.
Tips, Express Fees and the Subscription Fee are non-refundable.
10. CREDIT AND DEBIT AUTHORIZATION
If you enroll in the Bree membership, you authorize Bree to electronically debit your Payment Method for the $2.99 Subscription Fee once each month. As applicable, you also authorize Bree to electronically debit and credit your Payment Method to correct erroneous debits and credits. You have the right to receive notice of any debit for the Subscription Fee that would vary in amount from a previous Subscription Fee, but you agree that we only need to notify you in advance if a particular debit from your Payment Method would be more than $2.99. (Our policy is that no single debit will exceed $2.99, so we expect not to provide you with advance notice of each ongoing debit from your Payment Method.)
You acknowledge that, as applicable, the electronic authorization contained in this Section represents your written authorization for electronic fund transfer (“EFT”) and debit card transactions as provided herein and will remain in full force and effect until you notify Bree that you wish to revoke this authorization by emailing firstname.lastname@example.org. You must notify Bree at least three (3) business days before the scheduled debit date in order to cancel this authorization. When you call or email, please include the name and telephone number associated with your user account. Failure to provide correct and complete information may make it impossible for Bree to stop withdrawal of the preauthorized transaction.
You agree to indemnify and hold Bree harmless from and against any loss incurred as a result of its withdrawal of a preauthorized debit transaction from your Payment Method if any of the information relied upon in your request to stop payment is incorrect or incomplete. If you have followed the instructions in this section to notify Bree of your desire to revoke your authorization at least three (3) business days before the scheduled debit date, Bree will be liable for your losses or damages directly caused by our failure to stop any preauthorized transaction. If we do not receive notice at least three (3) business days before the scheduled debit date, we may attempt, in our sole discretion, to cancel the transaction. However, we assume no responsibility for our failure to do so.
You warrant and represent to Bree that you have the right to authorize us to charge and credit your Payment Method for payments due to us under this Agreement. If you have a joint Linked Account, you represent and warrant that you have the authority to (a) bind the absent account holder; and (b) enter into this Agreement independently. You agree to indemnify and hold Bree harmless from any claims by any other owner of the Linked Account.
You represent that you are capable of saving or otherwise storing a copy of this electronic authorization for your records, and the credit and debit transactions you request comply with applicable law.
11. CONSENT TO ELECTRONIC COMMUNICATIONS AND DOING BUSINESS ELECTRONICALLY
In your use of the Platform, we may request your consent to receive email, SMS, or other electronic messages or telephone calls from us or anyone on our behalf at the email address or phone number you have provided to us, so that we are able to provide you with information related to your use of the Platform. You consent to the exchange of information and documents between you and us electronically over the Internet, by email, or by telephone. If you have a user account with Bree or have purchased a product or service from Bree, we may send you information or documents to the email address or telephone number in your Account Details or as provided to us by you in the course of purchasing such product or service from us.
To the extent you have provided us with your email address or telephone number, you represent and warrant to us that such email address or telephone number is yours and that you are permitted to receive emails, calls, or text messages at the email address or telephone number you have provided to us. You agree to promptly alert us whenever you stop using the email address or telephone number that you’ve provided to us.
You acknowledge that you may incur costs to receive phone messages, text messages, emails or other electronic communications from us and agree that you are responsible for such costs.
12. SMS MESSAGING AND TELEPHONE CALLS
You consent to receive SMS messages (including text messages), and telephone calls (including prerecorded and artificial voice and autodialed) from us, our agents, representatives, affiliates or anyone calling on our behalf at the specific number(s) you have provided to us, with service-related information such as alerts, or questions about your use of the Services and/or the website. You certify, warrant and represent that the telephone number you have provided to us is your contact number and not someone else’s. You represent that you are permitted to receive calls and text messages at the telephone number you have provided to us. You agree to promptly alert us whenever you stop using a telephone number. Bree and our agents, representatives, affiliates and anyone calling on our behalf may use such means of communication described in this section even if you will incur costs to receive such phone messages, text messages, e-mails or other means.
Standard message and data rates may apply to all SMS messages (including text messages). We may modify or terminate our SMS messaging services from time to time, for any reason, and without notice, including the right to terminate SMS messaging with or without notice, without liability to you.
13. LIMITATIONS OF USE
Our Platform is for your personal and non-commercial use only. You agree that you will only access or use our Platform for lawful purposes and in accordance with these Terms, and that you will not access or use our Platform to:
- violate or promote the violation of any government-imposed restriction or rule or of any third party’s rights;
- impersonate any person or entity, misrepresent your affiliation with a person or entity, or do any other thing or act that brings the Bree, any other user of our Platform, or any third-party into disrepute or causes us liability;
- distribute viruses, malware, or any other technologies that are malicious or that may harm us, our Platform, other users of our Platform, our affiliates, or any third-party, or in any other way interfere or attempt to interfere with the proper working of our Platform;
- reverse engineer, decompile, copy, modify, distribute, transmit, license, sublicense, display, revise, perform, transfer, sell, or otherwise make available to any third-party, or otherwise publish, deeplink, create derivative works from or exploit in any way our Platform or any content on our Platform except as permitted by the us under these Terms; or
- harvest or otherwise collect, use, or disclose (including using any robot, spider, or other automatic device, process, or means) content on our Platform or personal information about any other user of our Platform.
We may in our sole discretion for any or no reason, with or without notice, and at any time:
- terminate these Terms;
- limit, suspend, or terminate your access to or use of the Platform;
- take technical and legal steps to prevent you from accessing or using the Platform; or
- remove or otherwise modify any information or content you have provided through the Platform.
Any such termination or action taken by us under this section 10 is in addition to and without prejudice to such rights and remedies as may be available to us, including injunction and equitable remedies. Any terms of these Terms which are necessary to give effect to our rights under these Terms or that contemplate survival beyond termination will survive, except to the extent not permitted by law.
15. LIMITATION OF LIABILITY
- Limitation of Liability
EXCEPT TO THE EXTENT REQUIRED BY LAW, IN NO EVENT WILL BREE, ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS, OR ITS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS BE LIABLE, WHETHER IN TORT, CONTRACT, OR OTHERWISE, FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, AGGRAVATED, ECONOMIC, OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF USE, LOST PROFITS, LOST GOODWILL OR BUSINESS REPUTATION, LOST DATA, OR LOST SAVINGS, EVEN IF BREE OR ANY OF ITS LAWFUL AGENTS OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM, RESULTING FROM YOUR USE OF OR INABILITY TO USE THE PLATFORM OR ANY CONTENT ON THE PLATFORM, INCLUDING WITHOUT LIMITATION: (A) ANY CHANGES BREE MAY MAKE TO THE PLATFORM OR TO ANY CONTENT ON THE PLATFORM, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE PLATFORM OR ANY CONTENT ON THE PLATFORM; (B) THE DELETION OF, CORRUPTION OF, OR FAILURE TO SEND, DISPLAY, OR STORE ANY ADS, USER GENERATED CONTENT, OR OTHER COMMUNICATIONS OR DATA MAINTAINED OR TRANSMITTED BY OR THROUGH THE PLATFORM OR ANY CONTENT ON THE PLATFORM; (C) YOUR FAILURE TO PROVIDE BREE WITH ACCURATE ACCOUNT DETAILS OR TO KEEP YOUR ACCOUNT DETAILS SECURE AND CONFIDENTIAL, AS APPLICABLE. NOTWITHSTANDING THE FOREGOING, IF BREE IS FOUND TO BE LIABLE FOR ANY REASON, BREE’S LIABILITY TO YOU OR ANY THIRD-PARTY IS LIMITED TO THE GREATER OF: (A) THE TOTAL FEES SUCH PARTY MADE TO BREE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY; AND (B) $100 CAD.
- Availability, Completeness, and Quality
You understand and agree that the Platform, any content on the Platform, and any services or items found or attained through the Platform are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied, including without limitation the implied warranties of merchantability, fitness for particular purpose, or non-infringement.
Except as otherwise expressly required by applicable law, Bree makes no representations, warranties, conditions, or other terms (whether express or implied) in relation to the provision of the Platform or any content on the Platform, including without limitation as to completeness, security, reliability, suitability, accuracy, availability, or currency of the Platform or any content on the Platform, that the Platform or any content on the Platform will be free from bugs, errors, or omission, or as to the satisfactory quality or fitness of the Platform or any content on the Platform for a particular purpose. Bree assumes no obligation to update the Platform or any content on the Platform. The Platform or any content on the Platform may be changed without notice to you.
To the maximum extent permitted by applicable law, Bree excludes all liability (whether arising in contract, tort, breach of statutory duty, or otherwise), which Bree may otherwise have to you as a result of any error or inaccuracies in the Platform or any content on the Platform, the unavailability of the Platform for any reason, or any representation or statement made on or through the Platform or any content on the Platform.
Bree cannot and does not guarantee or warrant that files or data available for downloading from the Platform will be free of viruses or other destructive code. You are solely and entirely responsible for your use of the Platform and your computer internet and data security. To the fullest extent provided by law, Bree will not be liable for any loss or damage caused by denial-of-service attack, distributed denial-of-service attack, overloading, flooding, mailbombing or crashing, viruses, trojan horses, worms, logic bombs, or other technologically harmful materials that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the Platform or any services or items found or attained on or through the Platform or to your downloading of any material posted on or through the Platform, or on any website linked to the Platform.
- Third-Party Sites
The Platform or content on the Platform may contain links to third-party sites or may interoperate with certain third-party sites or services, such as your bank account. Bree does not assume responsibility for the accuracy or appropriateness of, and has no control over, the information, data, opinion, advice, or statements contained at such sites, and makes no representations about any such websites that may be accessed from the Platform or from any content on the Platform. Where you access such sites, you acknowledge and agree you are doing so at your own risk. Your use of a third-party site may be governed by the terms and conditions of such site.
In providing links to third-party sites, Bree is in no way acting as a publisher or disseminator of any material contained on those sites and does not and does not seek to monitor or control such sites.
A link to a third-party site does not mean and should not be construed to mean that Bree is affiliated or associated with such third-party in any way. Bree does not recommend or endorse any material found on such third-party sites. The mention of another party or its product or service on the Platform or in any content on the Platform is not and should not be construed as an endorsement of that party or its product or service.
- No Reliance
Any reliance you may place on the Platform or any content on the Platform is at your own risk. Any content provided by Bree on or through the Platform is provided for general information purposes only. Such content does not constitute technical, financial, or legal advice, or any other type of advice, and should not be relied on for any purpose. You agree to apply your own judgment or obtain specific or professional advice before taking, or refraining from, any action or inaction on the basis of the Platform or any content on the Platform.
To the maximum extent permitted by applicable law, you agree at all times to indemnify, defend, and hold harmless Bree, its agents, affiliates, partners, and its and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, actions, proceedings, demands, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including legal and other fees and disbursements) sustained, incurred, or paid by Bree, or arising out of or relating to your breach of these Terms, your access or use of the Platform, your violation of any applicable law or regulation, your withdrawal of any pre-authorized consent without prior notice to us, or violation of any third-party’s intellectual property or other rights.
17. ELECTRONIC FUND TRANSFER DISCLOSURE STATEMENT
The following disclosures are made in accordance with the federal law regarding electronic payments, deposits, transfers of funds and other electronic transfers. There may be limitations on your Linked Account or debit card that restrict your ability to make electronic fund transfers. Any such limits are disclosed in the appropriate agreements governing your Linked Account or debit card.
- Electronic Fund Transfer: Any transfer of funds that is initiated through an electronic device or computer to instruct us to debit or credit a Linked Account or debit card or your Bree Banking Account. Electronic Fund Transfers include such electronic transactions transfers initiated via telephone.
- Preauthorized Electronic Fund Transfer: An Electronic Fund Transfer that you have authorized in advance to recur at substantially regular intervals; for example, withdrawal of funds out of your Linked Account to pay the Subscription Fee.
- Unauthorized Electronic Fund Transfer is an Electronic Fund Transfer initiated by a person other than you who does not have actual, implied, or apparent authority to initiate the transfer, and from which you do not benefit. If you give access to your user account to another person, all payments by that person are authorized unless and until you notify us that payments by that person are no longer authorized.
17.2 Your Liability.
- Authorized Transfers: You are liable for all Electronic Fund Transfers that you authorize, whether directly or indirectly.
- Unauthorized Transfers: Tell us at once if you believe your user Login ID or password has been lost or stolen or if your Mobile App user account has been, or may have been, subject to Unauthorized Electronic Fund Transfers. Contact us immediately to keep your possible losses to a minimum. You could lose all the money in your Linked Account(s)
17.3 Business Days.
Bree business days are Monday through Friday. Holidays are not included.
17.4 Types of Transfers; Limitations.
You may use the Services to request and receive Advances to your Linked Account or debit card to repay such Advances in the amounts and on the days you request, to pay voluntary tips to Bree, and to pay the monthly Subscription Fee. Any limitations regarding Advance amount, tip amount or Subscription Fee amount will be displayed to you through the Services.
17.5 Confidentiality Related to Electronic Fund Transfers.
We will disclose information to third parties about the Electronic Fund Transfers you make through the Services:
- Where it is necessary for completing the Electronic Fund Transfers; or,
- In order to comply with government agency or court orders; or,
- If you give us written permission; or,
17.6 Error Resolution
In case of errors or questions about your Electronic Fund Transfers, email us at email@example.com. If you think your Linked Account statement, receipt, or payment history within the Mobile App are wrong, contact us as soon as you can. We must hear from you no later than 90 days after the statement or receipt was delivered to you. In your notification to us, you must:
- Tell us your name and phone number associated with your user account.
- Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.
- Tell us the dollar amount of the suspected error.
If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days.
We will determine whether an error occurred within 10 business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we will credit your Linked Account within 10 business days for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 business days, we may not credit your account.
For errors involving new user accounts, we may take up to 90 days to investigate your complaint or question. For new user accounts, we may take up to 20 business days to credit your Linked Account or Bree Banking Account for the amount you think is in error.
We will tell you the results within three business days after completing our investigation. If we decide that there was no error, we will send you a written explanation.
- Force Majeure
Bree will have no liability to you for any breach of these Terms caused by any event or circumstances beyond Bree’s reasonable control, including without limitation strikes, lock-outs and other industrial disputes, breakdown of systems or network access, disease, flood, fire, explosion, or accident.
- No Agency
No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms.
- Governing Law, Jurisdiction, and Attornment
These Terms are governed by and are to be construed in accordance with the laws of the province of Ontario and the laws of Canada applicable therein, without giving effect to any choice of law provision, principle, or rule, and notwithstanding your domicile, residence, or physical location.
For the purpose of all legal proceedings, these Terms shall be deemed to have been performed in the province of Ontario and the courts of the province of Ontario shall have jurisdiction to entertain any action arising under or out of these Term. You and us both agree to irrevocably attorn and submit to the exclusive jurisdiction of the courts of the province of Ontario. You further waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.
You agree to waive any right you may have to a trial by jury or to commence or participate in any class action against us related to the Platform, any content on the Platform, or these Terms.
No failure by us to exercise, or delay in exercising, any right, remedy, power, or privilege arising from these Terms operates, or may be construed, as a waiver by us thereof. No single or partial exercise by us of any right, remedy, power, or privilege hereunder precludes any other or further exercise by us thereof or the exercise of any other right, remedy, power, or privilege.
Any term of these Terms that is prohibited or unenforceable in any jurisdiction shall, as to that jurisdiction, be ineffective to the extent of such prohibition or unenforceability and shall be severed from the balance of these Terms, without affecting the remaining terms of these Terms or affecting the validity or enforceability of such terms in any other jurisdiction. Nothing in these Terms shall operate to prejudice any mandatory statutory requirement or your statutory rights.
- Entire Agreement
You may not assign, sublicense, or otherwise transfer any of your rights and obligations in these Terms to any other person. We may freely assign these Terms.
- General Provisions
All rights not expressly granted by us herein are hereby reserved. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. Tips, Express Fees, and the Subscription Fee are non-refundable.
19. CONTACTING US
If you have questions regarding the Agreement or the practices of Bree, please contact us by e-mail at firstname.lastname@example.org.