1. Your relationship with GetFinancing
1.1 Your use of GetFinancing’s software, services and promotional
images including but not limited to “Icons” referred to
collectively as the “Services” is subject to the terms and
conditions set forth in this legal "Agreement" between you and
GetFinancing. Icons include buttons, icons, banners and similar items
provided by GetFinancing in connection with providing the
1.2 “GetFinancing” means the trademark owned by Emerging
Payments Technologies, Inc. (“Emerging Payments”) whose
principal place of business is 6 West End Court, Suite # 1, Long Branch, NJ 07740, United States.
Throughout this document,
the terms “GetFinancing” and “Emerging Payments” are used
interchangeably. This “Agreement” sets out the “Terms and
Conditions” (or “Terms”) governing the use of the
2. Accepting the Terms
2.1 In order to use the Services, you must first agree to and accept the Terms and Conditions of use of our Services by electronically signing this document.
3. License from GetFinancing
3.1 GetFinancing grants you a royalty-free, non-transferable and
non-exclusive license to use the Icons provided to you by
GetFinancing as part of the Services.
3.2 Unless GetFinancing has given you specific written permission
to do so, you may not assign or transfer (or grant a
sub-license of) your rights to use the Services, grant a
security interest in or over your rights to use the Services,
or otherwise transfer any part of your rights to use the
4. Merchant Representations
4.1 You represent and warrant that you are engaged in legal
activities conducted in compliance with all applicable laws and
the use of this Service does not violate any licensing or other
law, rule or regulation that governs your business (including but
not limited to those governing financial services, consumer
protection, unfair competition, anti-discrimination, and false
advertising); you are not engaged in any consumer fraud or
deceptive trade practice and you agree that your products and/or
services do not violate any local, State or Federal law, rule or
regulation; and you will use the Services only to facilitate the
purchase of goods and services you offer for sale in the ordinary
course of your business.
5. Use of the Services by You
5.1 Merchant hereby grants to GetFinancing a limited,
non-exclusive, non-transferable license to feature any
trademark or logo that Merchant may provide to GetFinancing on the
GetFinancing website. Merchant further agrees that upon the
consummation of this Agreement, GetFinancing may list Merchant’s
corporate name and logo on the GetFinancing website and in its
marketing materials indicating Merchant’s utilization of the
Services of GetFinancing.
5.2 In order to access the Services, you may be required to
provide information about yourself and your company, including
but not limited to information you provide or provided in the
“Merchant Application,” which can be found at http://www.getfinancing.com/signup
agree that any registration information you give to GetFinancing will
be accurate, correct and up to date.
5.3 In the event you (a) change the nature of your business
or the goods and services you offer for sale in a material way
after the date you accept and submit this Agreement or (b) want
to use the Services on additional websites you launch or
maintain, you agree to notify GetFinancing of such changes by sending
such URLs to GetFinancing by email to email@example.com
GetFinancing will have the right to review and terminate your account
in its sole discretion.
6. Privacy and Your Personal Information
6.1 For information about GetFinancing’s data protection practices,
policy explains how GetFinancing treats customers’ personal information
and protects privacy when you use the Services.
7. Proprietary Rights and Intellectual Property
7.1 You acknowledge and agree that GetFinancing (or GetFinancing’s
licensors including banks, financial institutions and other
companies that GetFinancing works with in relation to providing the
Services) own all legal right, title and interest in and to the
Services, including any intellectual property and any related
rights which subsist in the Services (whether those rights
happen to be registered or not, and wherever in the world those
rights may exist).
7.2 You understand and agree that you cannot and will not
mention or use GetFinancing’s name or the names of any of its
partners and affiliates that may provide the Services in any of
your marketing materials without the prior written consent of
GetFinancing. Notwithstanding the preceding sentence, you may use the
Icons supplied to you by GetFinancing on your website(s) as set forth
in this Agreement.
7.3 All Icons relating to the Services are the property of
GetFinancing or its affiliates and are protected by copyrights,
trademarks, trade secrets, or other proprietary rights and
these rights are valid and protected in all forms, media and
technologies existing now or hereinafter developed, regardless
of whether or where such rights are filed. You may not modify,
remove, delete, augment, add to, publish, transmit, participate
in the transfer or sale of, create derivative works from, or in
any way exploit any Icon, in whole or in part. Any use other
than as contemplated herein, including the reproduction,
modification, distribution, transmission, republication,
display, or performance, of the content on GetFinancing’s site or the
Icons, except as specifically permitted herein, is strictly
prohibited. GetFinancing is a registered trademark of Emerging
Payments Technologies, Inc. All other marks, names, and logos
mentioned on GetFinancing’s site or in the Icons are the property of
their respective owners and similarly may not be used outside
the Services or modified or altered in any way whatsoever.
8. Provision of the Services by GetFinancing
8.1. You acknowledge and agree that the form and nature of
the Services that GetFinancing provides may change from time to time
without prior notice to you.
8.2 You acknowledge and agree that GetFinancing may stop
(permanently or temporarily) providing the Services (or any
features of the Services) to you at GetFinancing’s sole discretion,
without prior notice to you.
9. Ending Your Relationship with GetFinancing
9.1 The Terms will apply beginning on the date you are
approved as a participating GetFinancing merchant and continue to
apply until terminated by either you or GetFinancing as set out
9.2 If you want to terminate your legal agreement with
GetFinancing, you may do so by (a) notifying GetFinancing at any time; and
(b) permanently removing all Icons from your websites. Your
notice should be sent, in writing, to GetFinancing’s address which is
set out in Section 1.2 above.
9.3 GetFinancing may at any time, terminate its legal agreement
with you if:
- You have breached any provision of the Terms (or have
acted in a manner which clearly shows that you do not
intend to, or are unable to comply with the provisions of
the Terms); or
- GetFinancing is required to do so by law (for example, where
the provision of the Services to you is or becomes
- The partner for example a bank or financial institution
with whom GetFinancing offered the Services to you has terminated
its relationship with GetFinancing or ceased to offer the
Services to you.
9.4 When these Terms come to an end, all of the legal
rights, obligations and liabilities that you and GetFinancing have
benefited from, been subject to (or which have accrued over
time whilst the Terms have been in force) or which are
expressed to continue indefinitely, shall be unaffected by this
cessation, and the provisions of paragraph 11, 12 and 13 shall
continue to apply to such rights, obligations and liabilities
10. Relationship Among the Parties
10.1 The parties agree that we are each independent contractors and
nothing contained within this Agreement will create any
partnership or joint business venture, agency or franchise, sales
representative, or employer / employee relationship. You shall
not have any authority to make, accept, or solicit any offer or
representation on behalf of GetFinancing or any of its affiliates or
partners. You shall not make any verbal, written, or electronic
statement that may contradict this stated relationship of the
11. Limitation of Liability
11.1 You agree that GetFinancing and its affiliates, including banks and financial institutions that
may provide the services shall not be liable for any damage, loss, or expense of any kind arising out
of or resulting from your use of the services regardless of whether such liability is based on tort,
contract, or otherwise. In no event, including without limitation a negligent act, shall GetFinancing
or any of its affiliates be liable to you for any direct, indirect, special, incidental, consequential,
or punitive damages (including without limitation, loss of profits, loss or corruption of data, loss
of goodwill, work stoppage, computer failure or malfunction, or interruption of business), arising
out of or in any way related to the services or inability to use the services generally, or otherwise
in connection with this agreement, regardless of whether GetFinancing or any of its affiliates have
been advised of the possibility of such damages. Because some states do not allow the limitation of
liability for consequential or incidental damages, the above limitation may not apply to you.
12. Merchant Indemnification
12.1 You agree to indemnify, defend and hold harmless GetFinancing and
its directors, officers, employees, agents, shareholders,
partners, members, and associations from and against any and all
claims, suits, actions, demands, injuries, liabilities, losses or
deficits, damages, judgments, settlements, costs, or expenses
arising out of or related in any way to your use of the Services,
violation of this Agreement, violation of any law or regulation
or violation of any proprietary or privacy right. The terms of
this provision shall survive termination of this Agreement.
13.1 Any and all GetFinancing information, pricing, agreements, correspondence, and any information you acquire in relation to this agreement and using the Services (other than using the Icons in the manner permitted in this Agreement) shall remain strictly confidential and shall not be used, directly or indirectly, by you or any third party for your own business purposes. Furthermore, in the course of enrollment with different purchase finance programs available through GetFinancing lending platform, you the Merchant will be required to execute contracts and agreements with different lenders and therefore will be introduced to these lenders. By agreeing to the Terms of this Service contract, you are bound to confidentiality and non circumvent and therefore are prevented from contracting with these lenders directly for the purpose of arranging direct financing for your customers during the entire period of the agreement and for a period of 24 months after termination.
14. Changes to the Terms and Acceptance
14.1 GetFinancing may, in its sole discretion, make changes to
the Terms from time to time. When these changes are made,
GetFinancing will make a new copy of the Terms available at
and any new Additional Terms will be made available to you
from within, or through, the affected Services.
14.2 You understand and agree that if you use the Services
after the date on which the Terms have changed, GetFinancing will
treat your use as acceptance of the updated Terms.
15. General Legal Terms
15.1 The Terms constitute the entire legal agreement
between you and GetFinancing and govern your use of the Services (but
excluding any services which GetFinancing may provide to you under a
separate written agreement), and completely replace any prior
agreements between you and GetFinancing in relation to the
Services. Any Terms not covered under this Agreement will fall under the domain of the specific Lender's
Terms and Conditions, as defined by their individual Agreement(s) (the "Additional Terms").
15.2 If any court of law, having the jurisdiction to decide
on this matter, rules that any provision of these Terms is
invalid, then that provision or provisions will be removed from
the Terms without affecting the rest of the Terms. The
remaining provisions of the Terms will continue to be valid and
15.3 This Agreement and your relationship with GetFinancing under
the Terms shall be governed by the laws of the State of New
Jersey without regard to its conflict of laws provisions. You
and GetFinancing agree to submit to the exclusive jurisdiction of the
courts located within the county of Hudson, New Jersey to
resolve any legal matter arising from the Terms.
Notwithstanding this, you agree that GetFinancing shall still be
allowed to apply for injunctive remedies (or an equivalent type
of urgent legal relief) in any jurisdiction.
15.4 Additional Terms may be found and/or referenced in the specific Lender's Agreement. Examples
of such Additional Terms include, but are not limited to, consumer requirements, customer
conflict resolution procedures, refund/return policy, settlement timing, additional representations,
warranties and jurisdiction.
16. Fees and Settlement
16.1 Discount Fees: GetFinancing merchant discount fees
vary per type of purchase finance program, and is calculated based
on the face value of each successful transaction. Please
reference to Appendix A for the corresponding discount fees
per Lending Program and promotional offerings. All rates are subject
to change according to the terms dictated by the lender’s program
in which the merchant is participating. The advance notice for all
terms and rate modifications will correspond to the terms of the
lender’s merchant agreement.
16.2 Settlement: a) Generally, and unless indicated,
the issuing lender will settle directly the amount of the purchase into the provided merchant bank account,
minus the agreed discount fees as per the referenced Appendix A.
(Please refer to the corresponding bank contract for details).
b)For lenders that do not automatically retain a discount fee per referenced Appendix A,
GetFinancing reserves the right to invoice the discount fee
directly to the merchant. This discount fee will be invoiced to the merchant for each transaction and will be due upon receipt.
By accepting and submitting this Agreement, you represent and
warrant that you have all necessary and required approvals and are
legally authorized to enter into such Agreement and intend to be
bound by its terms.
You agree to be bound by any affirmation, assent or agreement you
transmit through the GetFinancing’s website, including but not limited to
any consent you give to receive communications from GetFinancing solely
through electronic transmission. You agree that, now and in the
future when you click on an "I agree," "I consent" or other similarly
worded "button" or entry field with your mouse, keystroke or other
computer device, your agreement or consent will be legally binding
and enforceable and the legal equivalent of your handwritten
signature. In witness whereof you have agreed to and submitted this
Agreement as of the date of acceptance online and have all necessary
and required approvals and are legally authorized to enter into such
Agreement and intend to be bound by its terms.
Fraud Prevention Rules and Measures
GetFinancing provides a fully electronic and paperless credit application process to consumers shopping
online and brick and mortar points of sale. This frictionless process increases traffic conversions for
its participating merchants and is ideal for e-commerce. Due to its electronic nature, and despite a very
sophisticated fraud prevention software, this process is subject to be targeted by cyber criminals. For
this reason we require all merchants to enforce the below posted criteria:
- The shipping address of the customer on the merchant Order Management System MUST match the address
posted on the GetFinancing portal.
- Once the transaction has been approved, it is strictly forbidden to change or modify the shipping
address without written permission from the Lender even if the customer calls to make that request.
- The participating merchant must assure that the shipping company(ies), that will fulfill the delivery
of the item(s) financed through GetFinancing, do not allow customers to reroute the package to a different
destination, or allow for pick up at a drop off location.
- Brick and mortar merchants (face-to-face transactions) are required to verify the identity of the consumer by validating that their government issued photo ID matches that of the person purchasing/financing the item. A copy of the ID must be kept on file for the duration of the term of the loan/lease.
Please note that failing to comply with these rules will be cause for termination of your GetFinancing
merchant account and will/could result in:
- Lender charging-back the full amount funded on the loan/lease;
- Termination of your GetFinancing merchant account;
- The deactivation of your account(s) with all affiliated GetFinancing lenders.
Attn: GetFinancing Business Development Group
C/O Emerging Payments Technologies, Inc.
6 West End Court, Suite # 1, Long Branch, NJ 07740
Revised April 25, 2017