These terms and conditions (“Terms”) together with the following documents form the merchant agreement (the "Agreement"):Merchant Services Terms and Conditions • November 5th, 2020
between you, The Toronto-Dominion Bank (“we”, “us” and “our”) and Bambora Inc. ("Bambora") in connection with the provision of merchant products and services (“Services”) to you, so that your customers may pay for your goods and services by means of credit cards and/or debit cards. You acknowledge and agree to us: (a) appointing Bambora as our agent under these Terms, and (b) that we have provided Bambora with the power and authority to act in the name of and on behalf of us (and accordingly, the words "we", "us" and "our" will also mean Bambora in this context, as applicable), for the sole purpose of administering the provision of merchant services and performing the duties to be provided and performed by us pursuant to these Terms. In addition, you agree that Bambora is a third party beneficiary of the rights and remedies contained in the Agreement and that Bambora will have the benefit of such rights and remedies and will be entitled to rely on and enforce, in proceedings brought in
