Terms of Service
We provide our users with access to an online platform (the “Platform”), including on www.youlend.us, (the “Website”). The purpose of the Platform is to facilitate the arrangement of financing agreements (“Financing Contracts”) between merchants and corporate/institutional lenders (the “YouLend Customers”), both of which must be corporate bodies as no individuals are being serviced by YouLend.
We may change or update the Website and/or the Platform from time to time (including changing the content of either). However, please note that any of the content on the Website and/or the Platform may be out of date at any given time, and we are under no obligation to update it. We do not guarantee that the Website and/or the Platform or any content on them, will be free from errors or omissions.
2. Access to and Use of the Platform and Website
We do not guarantee that the Website or Platform, or any content on it, will always be available or be uninterrupted. Access to the Website or Platform is permitted on a temporary basis and we may have to suspend access to the Website or Platform, or any part of them, without notice where we are required to do so by any applicable law, or force majeure situation or where the Website or Platform is unavailable through no fault of our own. In other circumstances, we will give you at least a prior notice by posting such notice on the Website or Platform before the Website or Platform will be unavailable and keep this period short.
We will not be liable to you if, for any reason (other than our negligence, breach of contract or fraud), the Website or Platform is unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to the Website and Platform.
You will not access or use the Website or the Platform except for their intended purpose and will not attempt to:
1. Gain unauthorized access to, make unauthorized alterations to, or introduce any kind of malicious code to the Website, the Platform or the Company by any means;
2. Reverse engineer or decompile (whether in whole or part) the Platform or any software available through the Website;
3. Make copies, modify, reproduce, transmit, alter or distribute all or any part of the Platform or Website or any material or information contained in them, other than as permitted by law;
4. Use the Website or Platform for any purpose that is unlawful under any applicable law;
5. Use the Website or Platform to commit any act of fraud;
6. Use the Website or Platform to simulate communications from us or another service or entity in order to collect identity information, authentication credentials, or other information (‘phishing’); or
7. Use the Website or Platform in any manner that disrupts its operation.
You will not disguise or interfere in any way with the IP address of the computer you are using to access the Website or Platform or otherwise take steps to prevent us from correctly identifying the actual IP address of the computer you are using whilst accessing the Website or Platform.
The Website or Platform may contain hyperlinks or references to a third-party website. Any such hyperlinks or references are provided for your information and convenience only. We have no control over third-party websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third-party website does not mean that we endorse that third party's website, products or services. Your use of a third-party website may be governed by the terms and conditions of that third-party website.
We do not guarantee that the Website or Platform will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programs and platforms in order to access the Website or Platform. You should use your own virus protection software.
3. General Terms for the YouLend Accounts
By making an application for a YouLend Advance or a financing quote, you agree and confirm that:
1. All the information you have provided is accurate and correct and you have the right to submit details on the company whose details you have provided;
2. You can on behalf of the said company enter into a legally binding agreement with us and you affirm that you are over the age of 18;
4. You have provided a current address, telephone number and e-mail address of the company you represent and will notify us immediately if your contact details change;
5. You are an officer of the company or you are otherwise authorized to act on behalf of the company;
7. You authorize YouLend to perform a credit reference agency search on the named business and applicant, their financial associates and businesses. For the avoidance of doubt, the authorization to YouLend includes an authorization to conduct credit reference agency searches on all directors involved with the named business as well as any guarantors. A record of these searches will be recorded against all applicants and may be seen by other companies if they carry out a credit inquiry. Thus, these credit reference agency searches might affect the business’ and applicants’ credit score;
8. You agree to YouLend engaging with your payment gateway and other third parties to progress with the funding of the YouLend Advance;
9. You authorize YouLend to set-up a payment account for the named business to be able to facilitate the repayment of the potential YouLend Advance granted to the named business.
If an application for financing has been made by a third-party on your behalf (for example by an external bookkeeper or a credit broker), you will be asked to confirm that the information entered by the third-party is true and accurate before you enter into the Financing Contract. By doing so, you confirm the statements in this section are correct.
When you register or apply for financing on the Platform or Website (or in the case of an application made by a third party, when you first access your account) you will be given YouLend account details and a password. You agree to keep your password and YouLend account details strictly confidential and you must not disclose them to any third party. You agree to protect them in the same way as you would protect details of your bank account or your bank cards. Any failure to do so shall be at your sole risk and expense.
You should change your password on a regular basis. Passwords contain a mixture of upper and lower case letters and numbers and/or symbols. Passwords are case sensitive and we recommend passwords that combine a combination of numbers, symbols and letters in different cases. This will help to prevent the risk of unauthorized use of your account.
You agree that we are entitled to assume all correspondence, orders, transfers and instructions made by reference to your password and account are made by you. You agree to inform us immediately by e-mail and by telephone if you know or suspect that any of your account information or password are being misused so that we may suspend your account.
4. Data Accuracy and Errors
You agree to inform us as soon as possible if any information provided by you or contained in your YouLend account changes and/or if you become aware of any errors with respect to your YouLend account.
The content on the Website or Platform is provided for general information only and is not intended to amount to advice on which you should rely. Although we make reasonable efforts to update the information on the Website or Platform, we make no promises that the content on the Website or Platform is accurate, complete or up to date.
We reserve the right to remove from the Website or Platform any financing offers which are the subject of any error.
5. Intellectual Property
We are the owner or the licensee of all intellectual property rights in the Website and the Platform and in the material published on them. These works are protected by copyright laws and all such rights are reserved.
YouLend and the YouLend logo are trademarks of YouLend and YouLend is the sole owner of the same. You will not make any unauthorized use of the YouLend trademarks and any unauthorized use may result in prosecution.
www.youlend.us, www.youlend.com, and www.youlend.co.uk are the uniform resource locators ("URL") of our Company. You will not make any use of these URL (or any other URL owned by us) on another website or digital platform without our prior written consent.
YouLend owns all rights in any price data and related content on the Platform. Your registration and use of our Platform does not transfer any rights to the content and related intellectual property rights contained in our Platform. Except as otherwise permitted by law, you agree not to monitor, use or copy our web pages or any content on the Platform, including without limitation, any price data without our prior consent. Any unauthorized use or reproduction may be prosecuted.
Any data licensed to YouLend from third parties is provided for use on the Website or Platform only and may not be used for any commercial purposes without the consent of such third parties.
We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty or otherwise, arising under or in connection with your:
1. Use of, or inability to use, the Website and/or the Platform; or
2. Use of or reliance on any content displayed on the Website and/or the Platform,
3. Except where such liability arises as a result of our breach of contract, negligence or fault.
We will have no liability for not displaying on the Website and/or Platform, for withdrawing or for not matching with any prospective lender or merchant, any offer to lend or application to get financing which you submit to us.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other material due to your use of the Website and/or Platform or to your downloading of any content.
We will not be liable for any loss or damage caused as a result of delay in processing of your revenue and repayment of a YouLend Advance. Further, we will not be liable for any loss or damage related to the lack of repayment of any amount to an account advised to us by you.
8. Specific Terms for Financing Contracts
Reference is made to the individual Financing Contract which will be entered into between a merchant and the lender.
9. YouLend Fees and Charges
There is no charge for registering for a YouLend Account or for making an application for financing on the Platform and/or Website.
If an application for financing is approved, we will confirm (i) the amount you can get, (ii) the discount rate or interest rate at which your YouLend Advance will be paid out and (iii) the timing of repayment of your advance (the “Merchant Details”). The Merchant Details will be specified in the Financing Contract and will include any interest due to the lender plus any fees and/or interest due to YouLend.
Except in cases where paper copies are required by law, YouLend will make any communications, documents or statements available to you electronically. We reserve the right to charge a reasonable administration fee to cover our costs should you require a paper copy of any such documents.
YouLend administration fees and charges will be set out in the Financing Contracts.
10. Contact information