Please read these Terms of Service (“Terms”, “Terms of Service”) carefully before using the www.Betterfin.com website (the “Service”) operated by Betterfin, Inc (“us”, “we”, “our”, or the “Company”). Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service. In addition, you acknowledge and agree that this Agreement is between you and the Company, not with any third party (including, but not limited to, any banking institution or any mobile carrier), and that the Company is solely responsible for the Services we provide. Your use of the these Services may be subject to separate agreements you may enter into with other third party service providers that we may use to facilitate in the delivery of the Services. These third parties include, but are not limited to: Plaid , Twilio , and our Lending Partners.Accounts
The Services provided by the Company allow you to use our platform to communicate with our affiliates and partners for services, goods, and information related to small business at a general level. You may use the Services on your mobile device or through a web browser. By using the Services, you agree that you authorize us to perform other actions on your behalf when instructed by you. When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service. You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. A user at any time you may cancel service completely by request at info@Betterfin.com. This is a complete deletion of your information with Betterfin.com and the company. You hereby authorize the Company, directly or through third parties, to make any inquiries we consider necessary to validate your identity and/or authenticate your identity and account information. This may include asking you for further information and/or documentation about your account usage or identity, or requiring you to take steps to confirm ownership of your email address, wireless/cellular telephone number or financial instruments, and verifying your information against third party databases or through other sources. This process is for internal verification purposes. We reserve the right to refuse service, terminate accounts, remove or edit content in our sole discretion.Intellectual Property
The Service and its original content, features and functionality are and will remain the exclusive property of the Company and its licensors. The Service is protected by copyright, trademark and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.
Links to Other Web Sites
Our Service may contain links to third party web sites or services that are not owned or controlled by the Company. The Company has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites. You acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.Release of the Company
If you have a dispute with one or more third parties relating to payment, We are not responsible for any such dispute and you hereby release the Company (and our officers, directors, agents, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes. You hereby release the Company, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of having acquired or not acquired any information through the Services. IF YOU ARE A CALIFORNIA RESIDENT, YOU SHALL AND HEREBY DO WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”Liability
You are responsible for all reversals, chargebacks, claims, fees, fines, penalties and other liability incurred by the Company, or a third party caused by or arising out of your breach of this Agreement, and/or your use of the Services. You agree to reimburse the Company, a user, or a third party for any and all such liability. You acknowledge that you are responsible for the accuracy of all payments sent using the Services, including but not limited to the accuracy of the amount paid and the recipient. The Company shall not be responsible or in any way held liable due to inaccurate payments, including but not limited to sending an incorrect amount of money or sending money to an incorrect recipient.Termination
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms. If you wish to terminate your account, you may simply discontinue using the Service. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Third Party Websites
The Company’s website may feature third party offers and enable product searches. The Company does not warrant that product descriptions, pricing, search results, user ratings and reviews or any other content provided by a third party on the Company’s website is accurate, complete, reliable or current. This information is provided for informational purposes only and does not constitute an endorsement by the Company of any product, service or vendor.Governing Law
These Terms shall be governed and construed in accordance with the laws of California, United States, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
Protecting the privacy of young children is especially important. For that reason, we do not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow anyone under 18 to register for the Services. If you are under 13, please do not send any information about yourself to us, including your name, address, telephone number, or email address. No one under the age of 13 is allowed to provide any personal or payment information to us through the Services. If we learn that we have collected personal information from a child under the age of 13 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under the age of 13, please contact us at the information provided below in the “Contact Us” section.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 15 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.Restricted Activities
In connection with your use of our website, your account, the Services, or in the course of your interactions with the Company, a user or a third party, you will not: breach this Agreement, the card processing Agreement, or any other Agreement that you have entered into with the Company (including a policy); violate any law, statute, ordinance, or regulation (for example, those governing financial services, consumer protections, unfair competition, anti-discrimination or false advertising); infringe the Company’s or any third party’s copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy; provide false, inaccurate or misleading Personal Information; send or receive what we reasonably believe to be potentially fraudulent funds; refuse to cooperate in an investigation or provide confirmation of your identity or any Personal Information you provide to us; use an anonymizing proxy; control an account that is linked to another account that has engaged in any of these restricted activities; control or possess more than one account without authorization from the Company; conduct your business or use the services in a manner that results in or may result in complaints, disputes, claims, reversals, chargebacks, fees, fines, penalties and other liability to the Company, a user, a third party or you; use your account or the services in a manner that the Company, Visa, MasterCard, American Express or Discover reasonably believe to be an abuse of the credit card system or a violation of credit card association rules; send unsolicited email to a user or use the services to collect payments for sending, or assisting in sending, unsolicited email to third parties; use any robot, spider, other automatic device, or manual process to monitor or copy our website without our prior written permission; use any device, software or routine to bypass or attempt to interfere, with our website or the services; take any action that may cause us to lose any of the services from our internet service providers, payment processors, or other suppliers; use the Service to test credit card behaviors.Electronic Consent
Please read this information carefully and print a copy and/or retain this information for future reference. Introduction. You are submitting a request to be matched with one of our third party lenders and/or service providers. In order to offer you a loan, the third party lenders and/or service providers need your consent to use and accept electronic signatures, records, and disclosures (“E-Consent”). This form notifies you of your rights when receiving electronic disclosures, notices, and information. By clicking on the link assenting to our terms, you acknowledge that you received this E-Consent and that you consent to conduct transactions using electronic signatures, electronic disclosures, electronic records, and electronic contract documents (“Disclosures”).
Option for Paper or Non-Electronic Records. You may request any Disclosures in paper copy by contacting Betterfin, the third party lender and/or the service provider directly. Betterfin, the lenders and/or the service providers will provide paper copies at no charge. Betterfin, the lenders and/or service providers will retain all Disclosures as applicable law requires. To obtain a paper copy from Betterfin, please email us at email@example.com with your request. In order to obtain a paper copy from a third party lender and/or service provider, please contact the third party lender and/or service provider directly.
Scope of Consent. This E-Consent applies to all interactions online concerning you, Betterfin, and the third party lender and/or the service provider and includes those interactions engaged in on any mobile device, including phones, smart-phones, and tablets. By exercising this E-Consent, Betterfin, the third party lender and/or the service provider may process your information and interact during all online interactions with you electronically. Betterfin, the lender and/or the service provider may also send you notices electronically related to its interactions and transactions. Disclosures may be provided online at our or third party lenders’ and/or service providers’ websites, and may be provided by e-mail. Consenting to Do Business Electronically. Before you decide to do business electronically with Betterfin, the third party lenders and/or the service providers, you should consider whether you have the required hardware and software capabilities described below.
Hardware and Software Requirements. To access and retain the Disclosures electronically, you will need to use the following computer software and hardware: A PC or MAC compatible computer or other device capable of accessing the Internet, access to an e-mail account, and an Internet Browser software program that supports at least 128 bit encryption, such as Microsoft® Internet Explorer, Netscape® or Mozilla Firefox®. To read some documents, you may need a PDF file reader like Adobe® Acrobat Reader X ® or Foxit®. You will need a printer or a long-term storage device, such as your computer’s disk drive, to retain a copy of the Disclosures for future reference. You may send any questions regarding the hardware and software requirements directly to Betterfin, the third party lenders and/or the service providers.
Withdrawing Consent. Your E-Consent for our matching service and for our third party lenders’ and/or service providers’ consideration of your matching request cannot be withdrawn because it is a one-time transaction. If you are matched with one or more third party lenders and/or service providers, you are free to withdraw your E-Consent with Betterfin, those third party lenders and/or service providers at any time and at no charge. However, if you withdraw this E-Consent before receiving credit, you may be prevented from obtaining credit from the lender and/or service provider. Contact Betterfin, the third party lender and/or service provider directly if you wish to withdraw this E-Consent. If you decide to withdraw this E-Consent, the legal effectiveness, validity, and enforceability of prior electronic Disclosures will not be affected.
Change to Your Contact Information. You should keep Betterfin, third party lenders and/or the service providers informed of any change in your electronic address or mailing address. You may update such information by logging into Betterfin’s, the third party lender’s and/or the service provider’s website or by sending Betterfin, the lender and/or the service provider a written update by mail.
YOUR ABILITY TO ACCESS DISCLOSURES. BY CLICKING THE LINK, YOU ASSENT TO OUR TERMS. YOU ACKNOWLEDGE THAT YOU CAN ACCESS THE DISCLOSURES IN THE DESIGNATED FORMATS DESCRIBED ABOVE.
CONSENT. BY CLICKING THE LINK, YOU ASSENT TO THE TERMS. YOU ACKNOWLEDGE YOU HAVE READ THIS INFORMATION ABOUT ELECTRONIC SIGNATURES, RECORDS, DISCLOSURES, AND DOING BUSINESS ELECTRONICALLY. YOU CONSENT TO USING ELECTRONIC SIGNATURES, HAVING ALL DISCLOSURES PROVIDED OR MADE AVAILABLE TO YOU IN ELECTRONIC FORM AND TO DOING BUSINESS WITH THE LENDER AND/OR SERVICE PROVIDER ELECTRONICALLY. YOU ACKNOWLEDGE THAT YOU MAY REQUEST A PAPER COPY OF THE ELECTRONIC RECORDS AND DISCLOSURES, WHICH WILL BE PROVIDED TO YOU AT NO CHARGE. IF YOU REFRAIN FROM PROCEEDING THEN YOU NEITHER WISH TO USE ELECTRONIC SIGNATURES NOR CONDUCT THIS TRANSACTION ELECTRONICALLY. YOU ALSO ACKNOWLEDGE THAT YOUR CONSENT TO ELECTRONIC DISCLOSURES IS REQUIRED TO RECEIVE SERVICES FROM THIRD PARTY LENDERS AND/OR SERVICE PROVIDERS OVER THE INTERNET.Contact Us
If you have any questions about these Terms, please contact us at info@Betterfin.com