Terms of Use

IMPORTANT - READ CAREFULLY

These Terms of Use (the "Terms") are a legally binding agreement between you (a "User") and PayNet, Inc. an Ontario corporation ("PayNet"), for the use of this Web Site (the "Web Site") and access to PayNet's products and services. The User is encouraged to seek legal counsel as certain rights are forfeited by this agreement including, but not limited to, remedies available to User for problems associated with the PayNet Web Site or products and services. Use of this Web Site and of PayNet's products and services is subject to User's agreement to these Terms, User's compliance with all applicable laws and regulations, and indicates User's agreement to be bound by these Terms on User's behalf or on behalf of the entity that User represents. Use of PayNet's products and services on this Web Site or elsewhere is also subject to the User's PayNet Agreement (the "PayNet Agreement") which is hereby incorporated herein. Please carefully review our Web Site Privacy Statement which is also hereby incorporated herein.

 

  1. Web Site Use. This Web Site provides information about PayNet and its products (“PayNet Products” defined at Section 2), and facilitates the purchase of PayNet Products on the Web Site. Use of this Web Site and of PayNet's Products and services is limited to legitimate purposes. User agrees to defend, indemnify, and hold harmless PayNet, its corporate partners, and their affiliates and related entities and their respective directors, officers, shareholders, employees, and agents from and against all claims, losses, damages, liabilities, and costs (including but not limited to reasonable attorneys' fees and court costs), arising out of or relating to User's breach of these Terms or User's access to or use of this Web Site. User agrees not to republish, reproduce, sell, resell, distribute (through linking or framing or otherwise) or make any commercial use of the Web Site or its content. Any access or attempt to access other areas of PayNet's computer systems or other information contained on such systems for any purposes is strictly prohibited. User agrees not to interfere, in any way, with use of or access to this Web Site, or take any action that imposes an unreasonable or disproportionately large load on the Web Site infrastructure. PayNet reserves the right to report any activity that it suspects violates any law or regulation and disclose any information to appropriate law enforcement officials, regulators, or other appropriate third parties. Any recommendations made by User for the improvement of this Web Site shall be the sole property of PayNet.
  2. Product Use and Non-Transferable Personal License. User shall use the PayNet Database to obtain Payment History Data and Payment History Reports (each as defined in the PayNet Agreement), and any other products or services (collectively, "PayNet Products") provided to User by PayNet, for the purpose of evaluating the credit worthiness of potential borrowers and according to the terms of the PayNet Agreement. User may not use the PayNet Database, Payment History Data and Payment History Reports or PayNet Products for any advertising, marketing or other commercial purposes, or share or otherwise disclose Payment History Data and/or Payment History Reports and/or PayNet Products to any third party. User represents that it has obtained permission from commercial borrower to request financial statements and or business tax returns. User represents it has received the consent of the borrower to collect and store financial statements and business tax returns in the data repository and that the borrower consents to allow other lenders to access certain PayNet products namely financial statements and or business tax returns if that lender has received any application for credit or has an outstanding loan obligation with the current lender. User is given only a limited non-transferable personal license given to User of the PayNet Agreement or the PayNet Products. User shall be solely responsible for its application of the Payment History Data and, Payment History Reports, or PayNet Products, in making its business decisions. As a condition of User's use of the Payment History Data, Payment History Reports, and PayNet Products, User agrees to utilize commercially reasonable efforts to provide PayNet, on an ongoing basis in the manner described in the PayNet Agreement, with all Member Information (as defined in the PayNet Agreement) obtained by User, and, in any event, shall at all times provide PayNet with the majority of such Member Information.
  3. Changes; Termination. PayNet may modify these Terms which shall be effective immediately upon posting to this Web Site. Use of this Web Site or of PayNet's products and services after any such modifications shall constitute User's agreement to such modifications, so please review these Terms periodically. PayNet reserves the right to modify or discontinue, temporarily or permanently, this Web Site, and any products or product specifications, and PayNet shall not be liable to User or to any third party for any modification, suspension or discontinuance of this Web Site or any products.
  4. Web Site Content. The data uploaded and used by PayNet and/or the data and content generated by PayNet on this Web Site and given to Users is offered as an additional tool and may contain errors, omissions, or typographical errors and/or may be out of date and while best efforts are used to insure the accuracy of the information, the data or the content generated by PayNet is provided for informational purposes only and is not binding on PayNet in any way except as otherwise expressly agreed to in writing by PayNet. Links and references to other web sites are provided for convenience only; are not operated, controlled, or maintained by PayNet; do not constitute sponsorship, endorsement, or approval by PayNet; and PayNet is not responsible for the availability, content, policies, or practices of linked web sites. User accesses any links at User's own risk.
  5. Disclaimer Of Warranty. THIS WEB SITE AND ALL WEB SITE CONTENT IS PROVIDED TO USER "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to User. User acknowledges and agrees that the only warranties on any products available on this Web Site shall be the warranties in the PayNet Agreement, if any.
  6. Limitation Of Liability. UNDER NO CIRCUMSTANCES WILL PAYNET BE LIABLE TO USER OR ANY OTHER ENTITY OR PERSON FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, WHETHER IN CONTRACT OR TORT, INCLUDING NEGLIGENCE, OR OTHER LEGAL THEORY, ARISING IN ANY WAY OUT OF, OR IN ANY WAY RELATED TO, ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THIS WEBSITE OR ANY OTHER INTERNET WEBSITE OR THE CONTENTS OF THIS WEBSITE OR ANY OTHER INTERNET WEBSITE, INCLUDING BUT NOT LIMITED TO LOST PROFITS, SALES, OR GOODWILL, BUSINESS INTERRUPTION, OR LOSS OF PROGRAMS OR OTHER DATA ON COMPUTER SYSTEMS OR OTHERWISE, EVEN IF PAYNET IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. USER AGREES AND UNDERSTANDS THAT USER'S ONLY REMEDY FOR ANY ISSUE ARISING OUT OF OR AS A RESULT OF DISSATISFACTION WITH THIS WEB SITE SHALL BE TO DISCONTINUE USE OF THIS WEB SITE.
  7. Ownership. PayNet shall retain all rights, title and interest in and to, embodied in or associated with this Web Site and its content, Payment History Data, Payment History Reports, and Products, and any intellectual property rights therein including, but not limited to, all worldwide patent, trademark, copyright and trade secret rights. User shall own all Member Information and PayNet shall be permitted to use such Member Information to provide its services to Member and other subscribers of PayNet's services. User hereby grants PayNet an irrevocable perpetual license to include the Member Information in PayNet's Database and to use, modify, reformat, interpolate, and create derivative works of, such Member Information in connection with PayNet's conduct of its business, including, but not limited to, in connection with PayNet's development, marketing, sale, and distribution, to User and third parties of Payment History Data, Payment History Reports, analytic tools, batch services, scoring models, and other Products that may incorporate such Member Information. Unless otherwise noted, the trademarks, logos, and service marks used on this Web Site are owned by PayNet or by third parties that have licensed their use to PayNet. Other use of these marks or Web Site content, except as specifically permitted in these Terms or in a writing signed by PayNet, is strictly prohibited. Elements of this Web Site are protected by trade dress, copyright, trademark, unfair competition, and other intellectual and proprietary laws and, except as expressly permitted herein, may not be copied or imitated in whole or in part by any means, including but not limited to, the use of framing. User shall not store electronically any significant portion of this Web Site.
  8. Credit Worthiness. A determination of relative creditworthiness for all active Members will be made according to the application of commonly accepted credit practices. We may check payment history in the PayNet database, trade information, credit file, financial statements, years in business, and other financial factors. PayNet may withdraw any offer of goods or services if, in its sole determination, the credit checks and background checks are unsatisfactory.
  9. Merger of Documents. These Terms, the PayNet Agreement and the Web Site Privacy Statement constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. If there is a conflict in terms, the terms of the PayNet Agreement will control over the Terms of Use, and the Terms of Use will control over the Web Site Privacy Statement. These Terms may be waived only in writing signed by an authorized representative of PayNet. No waiver by PayNet of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any unlawful or unenforceable provision shall be severable from the other provisions hereunder and shall not affect the validity and enforceability of any other provisions.
  10. Jurisdiction. Use of this Web Site shall not be construed as PayNet's purposeful availment of the privilege or benefits of doing business in any state or legal jurisdiction other than the Province of Ontario and Canada. These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario, without regard to its conflicts or choice of laws principles. In any dispute arising hereunder or otherwise connected with this Web Site or these Terms, User consents exclusively to personal jurisdiction in the applicable federal or state courts located in the Province of Ontario and User waives any claim that venue is improper for any reason in these courts.
  11. Claims by Third Parties. In the event you, as a business owner and a non-User of this Web Site, feel that the publication and compilation by PayNet of information and its broadcast can result in harm to your business, we ask that you please contact support@paynet.com to notify of this potential issue. PayNet endeavors to evaluate any request for removal or correction of information of any third party information in good faith and to take any reasonable steps to avoid any potential harm to third parties.
  12. Third Party Data Collection Forbidden. Any third party, either automated or not, by accessing this Web Site and gaining access / uploading into a remote device any portion of the information on PayNet’s Database or PayNet’s servers, even including data secured from a different source, this third party shall be considered as a User and shall be bound by all of the terms of these Terms.
  13. Reverse Engineering. As a User, you may not attempt to reverse engineer any information or data provided by PayNet as part of Payment History Data, Payment History reports, PayNet Products or any other report generated by PayNet.

 

 

Effective September 1, 2017