Glance Technologies, Inc. (“Glance”)
Updated: August 3, 2018
These User Terms and Conditions (these “Terms”) sets forth the legally binding terms between Glance Technologies, Inc. (“Glance,” “us,” or “we”) and its Users (“Customers”), as well as their access to and use of our multi-platform Glance Platform (“Glance Pay”) that enables Customers of the Glance Pay mobile application (the “App“) to open, review, and pay their bills, to select their tip option, and to earn rewards with their compatible mobile device.
By checking the box “I AGREE” or by downloading, installing, and/or using the App, you agree, effective as of such date (the “Effective Date”) to be bound by these Terms. You also agree to our Anti-Money Laundering / Sanctions (“AML / Policy”) Policy, which is incorporated by this reference, and consent to the practices concerning data collection, transmission and use set forth therein. You are only authorized to use the App if you agree to abide by all applicable laws and this agreement. If you do not agree with these Terms, you should not install the App or should discontinue its use immediately. These Terms create a binding legal agreement between you and Glance, and include an arbitration clause under which certain claims may not be brought in court or decided by a jury. Please read them carefully.
We may, without prior notice or liability to the Customer, modify the Glance Platform by adding or removing features and functionalities. We may also revise these Terms from time to time in our sole discretion, subject to Applicable Laws (as defined below). When we revise these Terms, we will notify Customer via email, the Glance Platform, our website, or any other method we deem to be reasonable in the circumstances. Except as otherwise expressly stated by us, all changes to these Terms are effective immediately and apply to Customer’s access to and use of the Glance Platform. Customers are free to decide whether or not to accept a revised version of these Terms, but accepting these Terms, as revised, is required for Customer to continue accessing or using the Glance Platform. If Customer does not agree to these Terms or any revised version of these Terms, its sole recourse is to terminate its access to or use of the Glance Platform. Except as otherwise expressly stated by us, Customer’s access to and use of the Glance Platform are subject to, and constitute its acceptance of, the version of these Terms in effect at the time of Customer’s access or use. For purposes of these Terms, “Applicable Law” means any law, rule, regulation, ordinance, code, or order to which a Customer may be subject or under which a Customer may exercise rights.
Customer Registration and Representations
In order to use Glance Pay to initiate transactions and/or engage in any rewards programs provided by a Merchant, you must first register with Glance Pay, create a User Account, and associate a valid debit and/or credit card. Your registration and use of a User Account is subject to these Terms. By registering, you agree, represent, and warrant:
- All information provided to Glance is accurate, current and complete, and that you will maintain and update such information as it changes.
- You will maintain the security of your User Account, take responsibility for all activities that occur using your User Account, and accept all risks of unauthorized access resulting from your acts or omissions.
- You are at least 18 years of age to form a binding contract, or you are over the age of 13 and will use the User Account under the supervision of a parent or guardian who agrees to be bound by these User Terms. The Glance Platform, Services, and Apps are not intended for, or targeted to, anyone under the age of 13.
- You do not and have never used or maintained any other Glance Pay account under a different email address (the creation of additional User Account(s) shall be considered a violation of this Agreement).
- Your registration and your use of Glance Pay is not prohibited by law, and will not be used to engage in, commit, or facilitate any illegal activity.
- You are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country, and you are not listed on any U.S. Government list of prohibited or restricted parties. Note, for additional details on the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) Sanctions Program please see the following website: https://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx
Glance Pay enables you to make card-based purchases through Glance Pay of goods provided by Merchants by linking to your Glance Pay User Account a debit, credit, and/or prepaid credit card. Your User Account is not a bank account. Glance Pay is not a bank and is a money transmitter exempted from registering as a money service business, per the U.S. Department of Treasury Financial Crimes Enforcement Network (FinCEN) exemption for payment processors (see 31 CFR § 1010.100(ff)(5)(ii)(B)). By linking a payment instrument to your User Account, you represent to Glance Pay that you are an authorized user of the payment instrument. You may change the payment instrument associated with your User Account at any time. You are responsible for ensuring that the payment instrument associated with your Glance Pay account is at all times current, non-expired, and valid for payments.
Subject to these Terms, Glance hereby grants you a limited, non-exclusive and nontransferable license to download, install, display, perform, access and use the App on a single smart phone, tablet or other mobile device that you own or control for your personal, non-commercial use.
You shall not: (i) copy the App or any element thereof, except as expressly permitted by this license; (ii) modify, translate, adapt, or otherwise create derivative works or improvements of the App or any element thereof; (iii) reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of the App or any element thereof; (iv) remove, delete, alter or obscure any trademarks or any copyright, trademark, patent or other intellectual property or proprietary rights notice from the App; (v) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the App or any features or functionality of the App, to any third party for any reason, including making the App available on a network where it is capable of being accessed by more than one device at any time; or (vi) use the App to violate any applicable law, including without limitation any law regarding the purchase or sale of alcoholic beverages. If for some reason these restrictions are prohibited by applicable law or by an agreement we have with one of our licensors, then the activities are permitted only to the extent necessary to comply with such law or license(s).
Reservation of Rights.
You acknowledge that the App is licensed, not sold, to you. Glance reserves all rights in and to the App not expressly granted to you under this Agreement. You do not acquire any ownership interest in the App under this Agreement. Glance and its licensors and service providers reserve and retain the entire right title and interest in and to the App, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement. If you submit comments, suggestions, or other feedback regarding the App (“Feedback”), Glance will be free to use such Feedback for any purpose. The word marks “GLANCE” and “PERISCOPE” and the “Glance” and “TO” logos and all associated marks and logos displayed within the App are our trademarks (unless otherwise noted).
Third Party Establishments
You acknowledge and agree that the App is a tool that enables you to make purchases and to settle, pay for or close (“close out”) a check, bill, tab, owed payment or other transaction, whether individually or as a “split” transaction with other users (each a “Transaction”), with third-party establishments, including but not limited to restaurants or bars (each, an “Establishment”). You acknowledge that all Transactions are between you and the Merchants and that Glance is not a party to such Transactions. Glance is not responsible for examining or evaluating the quality, or any other aspect of such products or services of any Establishment and will not have any liability or responsibility to you or any other person therefor. Any Establishment that allows you to use the App to close out a Transaction retains the right to settle your payment should you fail to properly close out your Transaction either as a result of your failure to use the App to pay for the payment or if the App does not properly pay such payment. Any Establishment that allows to use the App to close out any Transaction retains the right to request that you authorize such payment by other means including, but not limited to, signing a printed receipt or delivering a final check, bill or tab to you. You acknowledge that, should you dispute any charge that appears on your credit or debit card statement related to your use of the App to pay for a Transaction in an Establishment, any chargeback for such charge shall apply to such Establishment and that we will not have any liability to you.
Glance is a technology provider. It is not a bank, credit union, payment processor or other financial institution. Transactions are processed via an Establishment’s payment processor and/or point of sale (“POS”) system vendor (each a “Payment Vendor”). By processing a Transaction via the App, you authorize an Establishment’s Payment Vendor to charge your credit card or other payment method. Transactions processed via the App may also be subject to the terms and conditions of the applicable Payment Vendor.
If you use the App to close out a Transaction in an Establishment, or if an Establishment closes out a Transaction on your behalf, the Establishment, not Glance, may add a required minimum tip or gratuity to the Transaction. You acknowledge that Glance does not determine or mandate any such tip or gratuity amount and you hereby agree to pay any minimum tip or gratuity as a condition to entering into the Transaction via the App.
You acknowledge and agree that Glance does not provide refunds via the App. You hereby agree to seek any refunds of Transactions directly from the Establishments or your credit card company.
You acknowledge that this Agreement is between you and Glance and not with Apple, Inc. (“Apple”), Google Inc. (“Google”) or any sponsor or provider of any application marketplace (each an “Application Store Provider,” or “ASP”) and that Glance (not the applicable ASP) is responsible for the App. You acknowledge and agree that no ASP makes any warranties or has any obligations whatsoever under these Terms or has any warranty obligations with respect to the App. You acknowledge that ASP have no obligation whatsoever to furnish any maintenance and support services with respect to the App or for addressing any claims relating thereto or your possession and/or use thereof, including, but not limited to (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. You further acknowledge that ASP have no responsibility for the investigation, defense, settlement or discharge of any third party intellectual property claims that the App or your use thereof infringes intellectual property rights.
If you are using the App on any iOS-based device, this license is granted to you only as permitted by and subject to any applicable Usage Rules set forth in the Apple App Store Terms and Conditions and Apple and its subsidiaries are third party beneficiaries. Upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary hereof. If you are using the App on any Android-based device, this license is granted to you only as permitted by and subject to any applicable Android Market Terms of Service established by Google.
Scheduled system maintenance shall take place from time to time, and during such time, updates the App or elements thereof may be unavailable. Emergency maintenance may be required at other times in the event of system failure. You specifically acknowledge that outage and downtime may occur. If the App is down when you attempt to complete a Transaction, you must make alternative arrangements to pay the applicable Establishment.
Updates. Glance may, but is not required to, develop and provide App updates from time to time, which may include upgrades, bug fixes, patches and other corrections or new features (collectively, “Updates”). Updates may also modify or delete in their entirety certain features or functionality. You agree that Glance has not obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on the settings of your mobile device, when your device is connected to the Internet, the App may automatically download and install available Updates, or you will be prompted to download and install available Updates. You acknowledge that the App or any of its features may not operate properly if you fail to install Updates and Glance may, in its sole discretion, cease supporting prior versions of the App after an Update is made available. You further agree that all Updates will be deemed part of the App and subject to the terms of this Agreement.
Consent to Communications
You consent to receive communications, including commercial communications (whether by phone, email, text, or the Glance Platform) from Glance and our third-party partners, which may include Establishments and other third parties, including without limitation brands. You acknowledge and agree that your primary phone numbers and email addresses and other information may be used for the purpose of initiating commercial messages. Your consent to receipt of such messages is not, and will not be, a condition to any purchase. Your electronic acknowledgement of These Terms has the same effect as if you signed them in ink. You agree that electronic Disclosures and notices have the same meaning and effect as if Glance had provided you with paper copies, whether or not you choose to view the Disclosures. Such Disclosures and notices are considered received by you within 24 hours of the time posted to our website, or emailed or messaged to you. If at any time you change your mind regarding your consent to such messages, you must contact us. You have a right to receive Disclosures in paper form and you may opt out of receiving messages that are primarily commercial in nature. To stop receiving communications from Glance, you must terminate your account. If the App enables you to send or receive SMS messages, standard text messaging rates or other carrier charges may apply to such use.
Glance may send you “push notifications” if your device supports such communications. By downloading the App and clicking to allow push notifications, you “opt-in” to receive these push notifications via the App, including notifications that contain commercial messages from Glance and our third party partners. Should you wish to stop receiving push notifications via the App, you may turn off these notifications through the applicable settings on your device.
Third Party Offerings
To enjoy certain third party offerings made available in the App, certain third party terms (each, “Third Party Terms”) may apply. Third Party Terms will be presented for review and acceptance at the time that you undertake such activity within the App, and any such Third Party Terms shall constitute an agreement between you and such third party. Glance is not responsible for such third party offerings. Further, the App may display, include, or make available content, data, information, applications, or materials from third parties (“Third Party Materials”) or provide links to certain third-party websites. By using the App, you acknowledge and agree that is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect of such Third-Party Materials or websites. Glance does not warrant or endorse and will not have any liability or responsibility to you or any other person for any Third-Party Materials or websites, or any other materials, products, or services of third parties. Third-Party Materials and links to other websites are provided solely as a convenience to you.
Limitations on Availability
The App is based in Canada, Australia, the United Kingdom, and the United States. We make no representation that the App is available or permitted in any particular location. Use of the App is void where prohibited. You use the App at your own initiative and are responsible for compliance with any applicable laws. We may also impose limits on the use or access to the App as required by law.
Term and Termination
The term of this Agreement and the license and other rights granted herein commence on the Effective Date and continue until terminated by Glance or you. You may terminate this Agreement by deleting the App and all copies of it from your mobile device. Glance may terminate this Agreement at any time without notice in its sole discretion, including if it ceases to support the App, or if you fail to comply with one or more terms of this Agreement. Upon termination of this Agreement: (i) all license and other rights granted to you under this Agreement will terminate, and (ii) you must cease all use of the App and destroy all copies, full or partial, of the App. You acknowledge that Glance may restrict, modify, or terminate this Agreement, without liability, for its convenience, or if you violate this Agreement or any law, rule, or regulation.
Disclaimers and Limitations of Liability
This section is important – please read it carefully – it limits Glance’s liability (and the liability of its affiliates) to you. These disclaimers and limitations apply only to the extent permitted by applicable law. Some jurisdictions do not allow disclaimers of implied warranties or limitations of liability, so this Section may not apply to you.
(a) Disclaimer of Warranties. EXCEPT AS EXPRESSLY STATED ABOVE, THE APP IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, AND WE HEREBY DISCLAIM, ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, OR STATUTORY.
(b) Limitation of Liability. NEITHER WE NOR OUR AFFILIATES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER RELATED TO THE APP. NEITHER WE NOR OUR AFFILIATES WILL HAVE LIABILITY TO YOU FOR DAMAGES IN EXCESS OF THE GREATER OF: (I) U.S. $50.00, OR (II) THE AMOUNT YOU PAID FOR THE APP, IF ANY, IN THE 12 MONTHS PRIOR TO THE CLAIM. THE ABOVE LIMITATIONS APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Disputes Between You and an Establishment or Other User
You are solely responsible for your interactions and Transactions with Establishments or other users of the App. You hereby agree to look solely to such Establishments and other users for any claim, damage or liability associated with any Transaction commissioned via the App and expressly waive and release Glance from any and all claims, damages and liabilities arising out of any act or omission of any Establishment, other user or third party.
Export and Other Restrictions
You may not use or otherwise export or re-export the App or elements thereof except as authorized by the laws of the jurisdiction in which the App was accessed or obtained. The App and related documentation are “Commercial Items,” as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. The Commercial Computer Software and Commercial Computer Software Documentation are being licensed to any government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.
This Agreement will not be changed, modified, or amended except by a writing executed by both parties or if you electronically accept a subsequent agreement or amendment delivered by Glance via a click-to accept mechanism.
The laws of the British Columbia, Canada, excluding its conflicts of law rules, govern this this license and your use of the App. The exclusive jurisdiction and venue of any action arising out of or related to this Agreement will be either the state or federal courts in British Columbia, Canada, and the parties agree and submit to the personal and exclusive jurisdiction and venue of these courts. Your use of the App may also be subject to other local, state, national, or international laws. This Agreement constitutes the entire agreement between us regarding the App. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. You may not transfer or assign this Agreement or any of its rights or obligations hereunder without our prior written consent, and any attempt to do so shall be null and void. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
Last Updated: August 3, 2018
Collection of Personal Information
Information You Provide Us. We may ask you to provide us with certain categories of information such as personal information, which is information that could reasonably be used to identify you personally, such as your name, e-mail address and mobile number (“Personal Information”). We may collect this information through various forms and in various places through the Services, including account registration forms, contact us forms or when you otherwise interact with us. When you sign up to use the Services, you create a user profile, including contact information. When you add a credit card (“Card”) to your Glance Pay account, we will collect information necessary to facilitate your use of the Card through Glance Pay.
Information We Collect As You Access And Use Our Services. In addition to any Personal Information or other information that you choose to submit to us, we and our third-party service providers may use a variety of technologies that automatically (or passively) collect certain information whenever you visit or interact with the Services (“Usage Information”). This Usage Information may include the browser that you are using, the URL that referred you to our Services, all of the areas within our Services that you visit, and the time of day, among other information.
We may use Usage Information for a variety of purposes, including to enhance or otherwise improve the Services. In addition, we may collect your IP address or other unique identifier (“Device Identifier”) for your computer, mobile or other device used to access the Services (any, a “Device”). A Device Identifier is a number that is automatically assigned to your Device used to access the Services, and our computers identify your Device by its Device Identifier. Usage Information may be non-identifying or may be associated with you. Whenever we associate Usage Information or a Device Identifier with your Personal Information, we will treat it as Personal Information.
In addition, if you download Glance Pay to your mobile Device, we may collect information from your mobile Device about your location while you are accessing or using Glance Pay and while you are not accessing or using Glance Pay. We may collect this information for various purposes, and notify you of nearby locations where you may use our Services. You may opt out of the collection of location data at any time by changing the settings on your mobile Device; however, if you do so, certain features of Glance Pay may be limited or may cease to be available to you.
Information Collected by Cookies. When you use our Services, we may places cookies or similar technologies on your Device to enable us to recognize your Device when you are using our Services. Cookies are data files placed on a Device when it is used to access the Services. They may be used for many purposes, including, without limitation, remembering you and your preferences and tracking your visits to our web pages, which allows us to improve our Services, offer targeted products and services to you, and collect and analyze information about your access and use of our Services.
Information Collected from Third Parties. From time to time, in addition to the information collected through your interactions with our Services, we may collect information from third parties in order to enhance our ability to serve you and to tailor our content and offers to you. Such third parties may include devices using wifi, near-field communication, or Bluetooth low-energy beacon technology to transmit signals about the location of your Device to us.
Use of Information
We will only use or disclose user personal information where necessary to fulfill the purposes identified at the time of collection or for a purpose reasonably related to those purposes such as:
- to conduct user surveys in order to enhance the provision of our services;
- to contact our users directly about products and services that may be of interest;
- to analyze, improve and customize our Services;
- to provide customer and technical support for our Services;
- to send you receipts, announcements, newsletters, promotional materials and other information about our Services and third-party offers that we think may be of interest to you;
- to contact you about any issues related to our Services or your use of the Services; or
- to collect fees and other amounts owed in connection with our Services.
We will not use or disclose user personal information for any additional purpose, except as follows:
- if you request or authorize it;
- to complete a transaction or provide a service requested by you;
- to our third-party service providers that provide services on our behalf;
- to comply with applicable laws, rules and regulations and governmental or quasi-governmental requests, court orders and subpoenas;
- to protect our rights, property and safety or the rights, property and safety of our users and others;
- if the disclosure is done as part of a purchase, transfer or sale of services or assets (e.g. in the event that substantially all of our assets are acquired by another party, your Personal Information may be one of the assets transferred) or in the event of bankruptcy;
- to merchants (such as bars and restaurants), third-party payment processors, and other third-party service providers to process payment transactions authorized by you through Glance Pay.
We will not sell user lists or personal information to other parties unless we have your consent to do so.
Decision to Receive Communication. You may opt-out of receiving any “push” notifications from us through Glance Pay, and you may opt not to receive promotional emails from us. Please note, however, that we may still send you non-promotional communications about your relationship with us.
Information You Share Socially. Our Services may allow you to connect and share your information publicly or with friends. We are not responsible for maintaining the confidentiality of any information you share publicly or with friends. In addition, our Services may allow you to connect with us on, share on, and use third-party websites, applications and services. Please be mindful of your personal privacy needs and the privacy needs of others as you choose to connect and share information with friends and others. We cannot control the privacy or security of information you choose to make public or share with others. We also do not control the privacy practices of third parties. Please contact these websites and services directly if you want to learn about their privacy practices.
Securing Personal Information
We are committed to ensuring the security of user Personal Information in order to protect it from unauthorized access, collection, use, disclosure, copying, modification or disposal or similar risks.
The following security measures will be followed to ensure that your Personal Information is appropriately protected: the use of user IDs, passwords, encryption, firewalls; restricting employee access to personal information as appropriate (i.e., only those that need to know will have access); employing the same security requirements as we use for our app(s) and website(s); and contractually requiring any third-party service providers to provide comparable security measures.
We will use appropriate security measures when destroying your Personal Information such as deleting electronically stored information in accordance with applicable rules and regulations.
We will continually review and update our security policies and controls as technology changes to ensure ongoing personal information security. It is important to note that no method of electronic transmission or storage is 100% secure. Therefore, we cannot guarantee absolute security of your Personal Information. You also play a role in protecting your Personal Information. Please safeguard your username and password for your Glance Pay account and do not share them with others. If we receive instructions using your account log-in information, we will assume that you have authorized the instructions. You agree to notify us immediately of any unauthorized use of your Glance Pay account or any other breach of security related to our Services. We reserve the right, in our sole discretion, to refuse to provide our Services, terminate Glance Pay accounts, and to remove or edit content.
Access to your Personal Information
You are responsible for maintaining the accuracy of your Personal Information. If your Personal Information changes, of if you no longer desire to use our Services, you may correct, delete inaccuracies, or amend information at any time by updating your Glance Pay account profile via Glance Pay.
Privacy and Children
Our Services are not directed, or intended to be used by, minors under the age of 18. We do not knowingly collect Personal Information from children under the age of 18. If you are under the age of 18, do not use our Services or submit any information to us. If you are a parent or guardian of a child under the age of 18 and believe he or she disclosed Personal Information to us, please contact us at [email protected]
Questions and Complaints: The Role of the Privacy Officer or designated individual
The Privacy Officer is responsible for ensuring Glance’s compliance with this policy and the Personal Information Protection Act.
Users should direct any complaints, concerns or questions regarding Glance’s compliance in writing to the Privacy Officer. If the Privacy Officer is unable to resolve the concern, the user may also write to the
Information and Privacy Commissioner of British Columbia.
Contact information for Glance’s Privacy Officer:
#400-200 Granville St, V6C 1S4