Terms of service
In order to fund your invoices with Cashflow2go, we need you to agree to the following terms and conditions.
Terms & conditions
Cashflow2go complies with all regulations governing asset secured advances. Cashflow2go is a registered corporation in the province of Ontario. By applying for an Advance and agreeing to the relevant agreements, you acknowledge and agreed that the Advance is consummated at our Toronto, Ontario office.
By agreeing to these Terms, you acknowledge that you have required that this Agreement and all related documents be drawn up in English.
- “Advance” means the cash amount provided to a User by Cashflow2go for purchased Invoices that are submitted through the Advance Service.
- “Advance Agreement” means a contractual agreement between Cashflow2go and a User approved for the Advance Service by Cashflow2go, which sets forth the provisions and conditions of cashflow2go’s purchase of a User’s Invoices.
- “Advance Service” means a transaction involving the purchase and sale of Invoices, whereby cashflow2go purchases all right, title, and interest to a User’s outstanding Invoices with limited recourse to the User, in exchange for providing the User (i.e. “seller”) with an Advance not to exceed an amount equal to the aggregate dollar amount of the purchased Invoices.
- “Dispute” means any claim, controversy, or dispute (whether involving contract, tort, equitable, statutory, or any other legal theory) between you and Cashflow2go including but not limited to any claims relating in any way to this Agreement (including its breach, termination, or interpretation), any other aspect of our relationship, Cashflow2go advertising, and any use of Cashflow2go software or services. “Dispute” also includes any claims that arose before these Terms and that may arise after termination of these Terms.
- “Cashflow2go,” “we”, “us” or “our” means Cashflow2go Inc. or any of its affiliates, subordinates, subsidiaries, or an agent acting on its behalf.
- “Invoice” means the outstanding invoices the User generates as part of its typical business activity.
- “Master Revolving Credit Agreement” means a contractual agreement between Cashflow2go and a User approved for the Service, which sets forth the provisions and conditions of the facility.
- “User” means a Business that has created an Account for use of the Service, and has been approved by Cashflow2go, as well as the individuals authorised to use the Account or Service on the User’s behalf.
- Acceptance of Agreement.
By visiting this Site, and/or applying to use, or using, the Service, you acknowledge and agree that you have read and understood and agree to comply with these Terms, and are entering into a binding legal agreement with Cashflow2go (but any Cashflow2go affiliate may enforce these Terms as a third party beneficiary thereof). If you do not agree to comply with and be bound by these Terms, please do not accept these Terms or visit, access or use the Site and/or Service.
- While any person can access the Site, the Service is only intended for use by businesses, companies, corporations, organisations, partnerships and sole proprietors (each a “Business”). The Service is not intended for use by individuals in their personal capacity. You will not use the Service for personal, household, or family purposes. An individual may only apply to use, and use, the Service on behalf, and with the authorisation, of a Business.
- Canadian based Business only. The Service is currently only provided for Businesses in Canada. If your Business is not located in Canada then please do not create a Service account. By using the Site or Services, you certify that you are a resident of Canada.
- In order to use the Service, a Business must create an account (“Account”). You may only create an Account if you do so on behalf of a Business. If you create an Account on behalf of a Business then you represent and warrant that you are over the age of 18 years and have full authority to: (i) bind said Business to these Terms (if it has not already done so); and (ii) use the Service on behalf of the Business that you are registering a Service account for. If you do not have the foregoing authority you must not create an Account or apply to use, or access or use, the Service on behalf of the Business.
- If you create an Account for a Business then the Business will become our User. Please be aware that these Terms are a binding legal agreement between the User named in the Account and Cashflow2go (but any Cashflow2go affiliate may enforce these Terms as a third party beneficiary thereof).
- We reserve the right in our sole discretion to refuse to approve the creation of an Account.
- User must not allow anyone other than its authorised employees or agents acting on its behalf (“Authorised User”) to access and use its Account. User acknowledges and agrees: (i) to provide accurate and complete Account and login information when creating an Account; (ii) to keep, and ensure that Authorised Users keep, all Account login details and passwords secure at all times; (iii) that User remains solely responsible and liable for the activity that occurs in connection with User’s Account, (iv) that if separate login details are provided for different Authorised Users then the login details for each Authorised User may only be used by that Authorised User, and that multiple people may not share the same login details; and (v) to promptly notify Cashflow2go in writing if User becomes aware of any unauthorised access or use of its Account or the Service. If User wishes to delete its Account User may send an email request to Cashflow2go at email@example.com.
- You agree not to use a User’s account without its express permission and authorisation to do so.
- Third Party Software Products
- Authorisation. If User chooses to connect or interact with a Third Party Software Product then User: (i) hereby grants us authorisation to access User’s Third Party Software Product Account in accordance with the rules for doing so prescribed by the Third Party Software Product provider; and (ii) agrees to cooperate with us and provide any information that we or the Third Party Software Product provider may request in order to enable us to access User’s Third Party Software Product Account. We will only access and use User’s Third Party Software Product in order to: (i) perform Background Checks (please see Section 8 (Background Checks) below, for more information about this); and (ii) provide the Service to User.
- Data. If User connects or interacts with a Third Party Software Product then we will collect certain data and materials from that Third Party Software Product (“Third Party Software Product Data”). We only collect Third Party Software Product Data that the Third Party Software Product provider enables us to collect by utilising the Third Party Software Product provider’s “connect” tool. If we collect Third Party Software Product Data then we may use it to: (i) perform Background Checks on User; and (ii) provide the Service to User (collectively, “Data Uses”). User hereby provides its express consent for us to collect and use User’s Third Party Software Product Data for the purpose of performing the Data Uses. Please also see Section 6 (Customer Data), below, which includes additional information about our collection and use of Third Party Software Product Data.
- User acknowledges that any failure to take any of the steps described in Sections 5.1 (Connection and Interaction), 5.2 (Authorisation), and 5.3 (Data) of these Terms, above, may restrict us from enabling a connection or interaction with User’s Third Party Software Product Account and may prevent User from being able to apply for and/or use our Service.
- User Data.
- User may choose to provide, transmit, upload, import or make accessible certain data, including without limitation Third Party Software Product Data, to us (collectively, “Data”) for us to use in connection with the Service. We will use User’s Data to perform Background Checks on the User and to provide our Service to the User (the Data Uses, as defined above). In addition, we may use User’s Data to send messages to recipients of User’s Invoices regarding the Service unless otherwise requested by User or the applicable recipient. User hereby provides its express consent for us to collect and use User’s Data for the foregoing purposes, including for the purpose of performing the Data Uses. User retains ownership of its Data.
- User represents and warrants that: (i) it owns or has obtained the right to all of the intellectual property rights subsisting in its Data, and has the right to provide Cashflow2go the license granted herein to such Data; (ii) User’s Data is accurate, current and complete; (iv) User’s Data is not misleading or false; (iv) User’s Data does not infringe or violate any patents, copyrights, trademarks or other intellectual property, proprietary or privacy rights of any third party; and (v) User’s Data does not contain any protected health information. User shall remain solely responsible and liable for its Data, including without limitation for our reliance upon User’s Data in order to perform Background Checks and to provide the Service to User, and User agrees to indemnify and hold us harmless, and expressly release us, from any and all liability arising from the foregoing.
- User acknowledges that: (i) the Service does not operate as an archive or file storage service and we do not store all of the Data that User may provide, upload, import, or otherwise generate during User’s use of the Service; (ii) User is solely responsible for the backup of its Data; and (iii) User will lose access to any Data that User deletes.
- Personal credit and background checks.
- If User registers an Account with Cashflow2go, User hereby agrees and consents that we may perform an initial background check (and subsequent periodic follow-up checks) on User and any of its directors and officers to help us determine User’s suitability for a Service or whether Cashflow2go is willing to approve the purchase of the User’s Invoices through the Advance Service from us (each a “Background Check”). Each Background Check may, without limitation, include a review of the following information, which User hereby expressly authorises and consents to,: (i) User’s Data; (ii) credit history, including a hard pull of a personal or business credit score; (iii) whether User, or any of its directors and officers, has any criminal records; (iv) information that is publicly available about User and/or any of its directors and officers; (v) information that we obtain from third party service providers, including information derived or prepared by third-party data aggregation and analysis companies; and (vi) whether User, or any of its directors and officers, have ever been declared bankrupt. User agrees to cooperate with Cashflow2go with respect to Background Checks and shall promptly, upon request, provide (or sign) any information, documentation and/or consent that we may require to perform a Background Check. For the avoidance of doubt, User is responsible to obtain and maintain the consent of its directors and officers for us to perform a Background Check on them (solely for the purposes set forth in these Terms), and will defend, indemnify and hold us harmless from any failure by User to do so. User acknowledges that any failure to provide the foregoing information and said cooperation may preclude User from being: (i) approved to participate in our Service or (ii) able to sell its Invoices to us through our Advance Service.
- Fees & Payment.
- We charge fees for our Services. You will be given an opportunity to review and accept the fees that will be charged in connection with each Advance. We will charge you applicable taxes, if any. All fees and currency amounts are quoted in Canadian Dollars, unless otherwise specified. Cashflow2go may, in its sole discretion, change our standard fees, rates and other charges. Any such changes will be posted on the Website and such amended fees and charges will apply to any Advance entered into after the date of such change.
- There are some limitations on our Services. We reserve the right to accept and approve Users in our sole discretion and may reject any new or existing User at any time.
- Acceptable Use.
- As a condition of your use of the Site, you agree that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. Prohibited uses include, but are not limited to, competitive analysis (including providing screen shots, which are copyrighted material owned by Cashflow2go), and data mining or “scraping” with the use of specialised software, “robots”, “spiders” or otherwise.
- You agree that you will not use the Site, Services or any of your communication with Cashflow2go to a) abuse, defame, harass, threaten or violate the legal rights, such as privacy, of others in any way, b) attempt to obtain an Advance on any property that you cannot legally use as collateral for an Advance, was misrepresented to Cashflow2go, and/or if advanced against would cause Cashflow2go to violate any laws or regulations, or c) provide inaccurate, false or misleading personal information. Cashflow2go will cooperate with the legal authorities and internet service providers in providing information about the users who violate this section of these Terms.
- You agree that you will notify Cashflow2go immediately about any suspected or known unauthorised use, breach of security, or violation of these Terms on or relating to the Site or Services.
- We reserve the right to access, read, preserve, and disclose any information that we obtain in connection with the Services, and your use thereof, as we reasonably believe is necessary to: (i) satisfy any applicable law, regulation, legal process, subpoena or governmental request, (ii) enforce these Terms, including to investigate potential violations of them, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Cashflow2go, its users or the public.
- Warranty Disclaimers.
- YOU AGREE THAT USE OF THE WEBSITE AND SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED ON AN “AS IS” AND AN “AS AVAILABLE” BASIS. CASHFLOW2GO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. CASHFLOW2GO MAKES NO WARRANTY THAT THE SERVICES AVAILABLE THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS, THAT THEY WILL BE UNINTERUPTED, TIMELY, OR ERROR FREE, NOR DOES CASHFLOW2GO MAKE ANY WARRANTY AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE WEBSITE. NO ADVICE OR INFORMATION THAT YOU MAY OBTAIN FROM CASHFLOW2GO’S AGENTS OR REPRESENTATIVES OR THROUGH THE SERVICES PROVIDED BY CASHFLOW2GO SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
- Limitation of Liability.
- IN NO EVENT SHALL CASHFLOW2GO, ITS PARENTS, AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, OR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE, THE SERVICES OR THESE TERMS (HOWEVER ARISING, INCLUDING NEGLIGENCE AND GROSS NEGLIGENCE). CASHFLOW2GO’S LIABILITY, AND THE LIABILITY OF ITS PARENTS, AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN CONNECTION A) WITH THE PERFORMANCE OF SERVICES TO YOU IS LIMITED TO THE GREATER OF THE AMOUNT OF FEES YOU HAVE PAID TO US OVER THE COURSE OF THE ADVANCE THAT IS THE SOURCE OF THE CLAIM AND $200.
- You agree to defend, indemnify and hold harmless Cashflow2go and our affiliates, and our respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney’s fees) arising from: (i) your use of the Services; (ii) your violation of these Terms; and (iii) your transmission of Data to Cashflow2go.
- Term and Termination
- Unless and until terminated by you or Cashflow2go, your status as an eligible user of the Website or Services will continue indefinitely. Cashflow2go reserves the right to restrict or deny your access to the Website or Services at any time, with or without cause, and with or without notice. Upon termination of your right to use the Website you will no longer be able to access any data or information you had previously created, managed, maintained or stored with Cashflow2go. Your obligations pursuant to Sections 12-14, and 17-22, and the survival provision of this Section 15, shall survive the termination of your access or any other agreement between you and Cashflow2go.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by Cashflow2go without restriction or notification to you.
- Much of the communication between you and Cashflow2go are through electronic means, whether you visit the Website, send us emails, click on a weblink to access the Advance agreement, or whether Cashflow2go posts notices on the Services or communicates with you via email. For contractual purposes, you a) consent to receive communication from Cashflow2go in electronic form, and b) agree that all agreements, notices, disclosures, and other communications that Cashflow2go provides to you electronically satisfy any legal requirement that such communication be in writing. You may also receive a copy of these Terms, or any of the documents relating to your use of Services or the Website by emailing us at firstname.lastname@example.org
Cashflow2go is located at 287 Macpherson Avenue, Toronto, Ontario, Canada, M4V 1A4. You should note that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Current providers of such protections can be found at: http://en.wikipedia.org/wiki/List_of_Content_Control_Software.
- Governing Law and Dispute Resolution.
- Your use of the Website or Services, and any agreement entered into between you and Cashflow2go is governed by the laws of the Province of Ontario, without regard to any conflict of law provisions that would require the application of the laws of any other jurisdiction. You hereby consent to the exclusive jurisdiction of, and venue in, courts located in the Province of Ontario, in all disputes arising out of or relating to the use of the Website and Services. Notwithstanding the foregoing, you agree that Cashflow2go shall be allowed to apply for injunctive or other equitable relief in any court of competent jurisdiction.
- Improperly Filed Claims.
- All claims between you and Cashflow2go must be resolved in accordance with these Terms. All claims filed or brought contrary to this Section shall be considered improperly filed. Should you file a claim contrary to this Section, Cashflow2go may recover its legal costs from you in responding to such claim.
- Limitation on Actions.
- You agree that, regardless of any law or statute to the contrary, except where prohibited by law, any claim or cause of action arising out of or related to the use of the Website or Services must be commenced within one (1) year after the cause of action arose, otherwise such cause of action is permanently barred.