(1.1)
• These terms of use explain how you may use this platform ("Site" or “Platform”) and Services. References in these terms to the Site includes the following website leanpayments.com and all associated web pages. Lean Payments provides users of its services the ability to initiate money transfers to designated recipients located around the world.
• You should read these terms and conditions carefully before using the Site. By accessing or using this Site or otherwise indicating your consent, you agree to be bound by these terms and conditions and the documents referred to in them. If you do not agree with or accept any of these terms, you should cease using the Site immediately. If you have any questions about this website, please contact us at support@leanpayments.com.
(1.2) Definitions
• "Content" means any text, images, video, audio or other multimedia content, software or other information or material submitted to, subsisting on or accessible from the Site;
• "We", "Us" or "Our" means Lean Payments Inc. company registration number 002634928, CRA registration number 754310118, and whose registered office is at 102 - 420 Wes Graham Way, Waterloo, Ontario, N2L 0J6.
• "You" or "Your" means the person accessing or using the Site or its Content.
(1.3) Privacy Statement and Additional Terms
• These terms include our Privacy Statement which shall be subject to these terms in the event of any conflict or inconsistency. These terms may also be supplemented or replaced by additional terms ("Additional Terms") relating to specific Content, goods or services made available or supplied by us using the Site. Additional Terms will be made available on relevant pages of the Site and will be accessible by you for your acceptance before you sign up for our Services. These Terms shall prevail to the extent that there is any conflict or inconsistency with any other of these terms.
(1.4)
• This Site is intended for and directed to residents of Canada over the age of 18 years.
(1.5) Accessibility
• We seek to make this Site as accessible as possible. If you have any problems accessing this Site or the content contained on it, please contact us at support@leanpayments.com.
(1.2)
• The Site is for your personal use only. As a condition of your use of the Site, you agree:
(1.2.1) not to use the Site for any purpose that is unlawful under applicable law, or prohibited by these terms and conditions;
(1.2.2) not to defame or disparage anybody or make comments of an obscene, derogatory or offensive manner or otherwise use the Site or its Content in a way that brings us or any third party into disrepute or causes us to be liable to any third party;
(1.2.3) not to 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, deep-link, create derivative works from or exploit in any way the Site or its Content except as permitted by us under these terms or as expressly provided under applicable law and/or under any Additional Terms;
(1.2.4) not to use the Site to distribute viruses or malware or other similar harmful software code;
(1.2.5) not to represent or suggest that we endorse any other business, product or service unless we have separately agreed to do so in writing; and
(1.2.6) that you are solely responsible for all costs and expenses you may incur in relation to your use of the Site and shall be solely responsible for keeping your password and other account details confidential.
(2.2)
• We reserve the right to prevent or suspend your access to the Site if you do not comply with any part of these terms and conditions or any applicable law.
(3.1)
• This Site and all intellectual property rights in the Site including without limitation any Content are owned by us and/or our licensors. We and our licensors reserve all our intellectual property rights (which include without limitation all copyright, trademarks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind) whether registered or unregistered anywhere in the world.
(3.2)
• Nothing in these terms and conditions grants you any rights in the Site other than as necessary to enable you to access the Site. You agree not to adjust to try to circumvent or delete any intellectual property notices contained on the Site and in particular in any digital rights or other security technology embedded or contained within any Site Content.
(3.3)
• The use or misuse of any trademarks or any other Content on the Site except as provided in these terms and conditions is strictly prohibited. Nothing contained on the Site shall be construed as granting, by implication, estoppel or otherwise, any licence or right to use any trademark without our prior written permission.
(4.1)
• Our platform offers money movement services, and so we collect and secure only information in relation to that. More detail on our information collection can be found at our Privacy Policy. The Site is not a secure means of communication other than for the intended services, and any information you supply to us outside this realm will not be kept confidential. For that reason, you should not submit or send to us any patentable ideas or patent applications, advertising or marketing suggestions, prototypes or any information, written or oral, which you regard as confidential or commercially sensitive or valuable (collectively referred to as "Unwanted Submissions"). While we value your feedback, you agree not to submit any Unwanted Submissions. Any submission (including any Unwanted Submission) made to us is deemed to be our property. By transmitting or posting any submission or other material to us, you agree that, subject to our Privacy Statement, we are entitled to use any such information in any manner we see fit (including reproduction, transmission, publication, broadcast, and posting on any media and anywhere in the world) on a free of charge basis. We shall not be subject to any obligation of confidentiality nor be liable for any use and/or disclosure of such submissions.
(5.1)
• In order to use our services you will need to create an account. Creating an account requires you to provide a valid email address, your full name, your company name, your phone number, and your business address.
(5.2)
• You are able to add additional individuals to use the services as part of your account, known as “Authorized Users”. You shall be responsible for the rights and obligations under these terms and conditions (together with the Privacy Statement and any applicable Additional Terms) for any Authorized User you create a sub-account for using your account.
(5.3)
• Once you have provided the required information, which includes your financial information, we shall determine if you are eligible to use our Services. We reserve the right to, in our sole discretion and at any time and for any reason, to terminate your account, or the account of any Authorized User.
(5.4)
• All the information you provide for your services account must be truthful, complete and accurate. It is your responsibility to keep the provided information up-to-date with us. You can update your information once you login into your account.
(5.5)
• We have the right to verify the information you have provided. You authorize us to make any inquiries we consider necessary to validate your identity, either directly or through third parties.
(5.6)
• Upon opening up your account you will receive a Customer Service Agreement and once your account is accepted to use the Services, the Customer Service Agreement will govern the making of payments to and from recipients that is facilitated by the Services. The Customer Service Agreement will be between you and the third party financial services partner. We are not a party to the Customer Service Agreement, and its terms and conditions are not binding on us.
(5.7)
• If outlined in the Customer Service Agreement, you are required to provide the correct bank account details for the intended recipient(s). If you provide incorrect account details, and a penalty is imposed on us by the financial services partner or any third party, we reserve the right to pass on any such penalty to you, or to deduct it from any amount we hold on your behalf.
(5.8)
• It is your responsibility to provide the necessary information, ensure its accuracy and provide sufficient time in order for the money transfer to be processed in accordance with the Customer Service Agreement and these Terms.
(5.9)
• If a money transfer is cancelled due to incomplete, incorrect or inaccurate information, a notice will be provided to you and you will be required for any additional charge that may apply for the cancellation.
(5.10)
• By opening an account and using our Services, you consent to receive communications related to the Services and your account in electronic format. You also consent to us having access to all your financial transactions and data with our partners and affiliates. Our access and security of the data is outlined in our Privacy Policy.
(5.11)
• You may close your account at any time by contacting us at support@leanpayments.com.
(5.12)
• We reserve the right, in our sole discretion, to suspend or terminate your account and your use of our Services. We can close your account based on, but not limited to, your breach of these terms and the Customer Service Agreement, by request of a competent court of law, government or law enforcement agreement, or we have reason to believe you are involved in fraudulent activity which includes, but is not limited to, money laundering. You will be notified if we close your account, and will allow you to withdraw any unrestricted funds available. You will be responsible for all fees (including reversals, chargebacks, claims, fines, penalties) and liability incurred by us or any third party for fund withdrawal, or if a transaction is reversed.
(5.13)
• If your account becomes negative for any reason, you will owe us the negative balance amount. We reserve the right to deduct amounts owed to us from the money you upload or receive into your account.
(6.1)
• The Customer Service Agreement governs the money transfer process and the relating procedures. We are not a party to the Customer Service Agreement.
(6.2)
• We are only responsible for the technical aspect of your account, which includes our platforms.
(7.1)
• While we use reasonable efforts to include accurate and up-to-date information on the Site, we do not represent, warrant or promise, whether expressly or by implication, that any Content is or remains available, accurate, complete and up to date, free from bugs, errors or omissions or fit or suitable for any purpose. Any reliance you may place on the information on this Site is at your own risk and we may suspend or terminate operation of the Site at any time at our sole discretion. Nothing in these terms and conditions shall operate to prejudice any mandatory statutory requirement or your statutory rights. Content on the Site is provided for your general information purposes only and to inform you about us and our products and news, features, services and other websites, which may be of interest. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purpose.
(7.2)
• While we make commercially reasonable efforts to ensure that the Site is available, we do not represent, warrant or guarantee in any way the Site's continued availability at all times or uninterrupted use by you of the Site.
(8.1)
• The Site may contain hyperlinks or references to third-party websites other than the Site. Any such hyperlinks or references are provided for your convenience only. We have no control over third-party websites and accept no responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third-party website does not constitute an endorsement of such third party's website, products or services. Your use of a third-party site may be governed by the terms and conditions of that third-party site.
(9.1)
• You agree that your use of the Site is on an "as available" basis. As stated above, except as otherwise expressly required by applicable law, we make no representations, warranties, conditions or other terms, whether express or implied, in relation to the provision of the Site, including without limitation as to completeness, accuracy and currency or any Content on the Site, or as to satisfactory quality or fitness for a particular purpose.
(9.2)
• To the maximum extent permitted by applicable law, we exclude all liability, whether arising in contract, tort, breach of statutory duty or otherwise, which we may otherwise have to you as a result of any error or inaccuracies in any Content, the unavailability of the Site for any reason, and any representation or statement made on the Site.
(9.3)
• We will not be liable for any loss or damage we cause which we could not reasonably anticipate when you started using the Site, for example if you lose revenue, salary, profits or reputation as a result of your use of the Site and/or the acts or omissions of any third party such as other users of the Site or any other indirect or consequential loss or damage you may incur in relation to the Site and its Content.
(9.4)
• Under no circumstances shall our aggregate liability to you for any and all claims arising from your use of the Site (including the downloading or use of any Content) exceed, to the extent permitted by law, the amounts paid by you to us in relation to your use of the Site or its Content.
(9.5)
• Notwithstanding any other provision of these terms and conditions, we do not exclude or limit our liability for death or personal injury arising from our negligence, for any fraudulent misrepresentation made by us on the Site or for any other statutory rights which are not capable of being excluded.
(9.6)
• Any exclusions and limitations of liability in these terms shall be subject to the Additional Terms in respect of matters covered by those Additional Terms and as otherwise required by law.
(10.1)
• These terms are dated as noted by the release date below. No changes to these terms are valid or have any effect unless agreed by us in writing. We reserve the right to vary these terms and conditions from time to time. Our new terms will be displayed on the Site and by continuing to use and access the Site following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these terms and conditions from time to time to verify such variations.
(10.2)
• Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact address at support@leanpayments.com. and all notices from us to you will be displayed on our website from time to time.
(10.3)
• We shall have no liability to you for any breach of these terms caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
(10.4)
• If any part of these terms and conditions is unenforceable (including any provision in which we exclude or limit our liability to you) the enforceability of any other part of these terms and conditions will not be affected. If we choose not to enforce any right that we have against you at any time, then this does not prevent us from later deciding to exercise or enforce that right.
(10.5)
•These terms and conditions, together with the Privacy Statement and any applicable Additional Terms which includes the Customer Service Agreement, contain the entire understanding and agreement between us and you in relation to your use of the Site and supersede and replace any representation, statement or other communication (whether written or otherwise) made by you or us which is not contained herein. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.
(10.6)
• You may not assign, sublicense or otherwise transfer any of your rights and obligations in these terms to any other person.
(10.7)
• Any cause of action or claim you may have arising out of or relating to these terms and conditions or from the use of our services must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.
(10.8)
• These terms and conditions shall be construed in accordance with and governed by the laws in effect within Ontario, Canada.
(10.9)
• The parties acknowledge that they have required that these terms and conditions and all related documents be prepared in English.
© 2021 Lean Payments Inc. All rights reserved.
Updated as of June 15, 2021