Terms of Service
Last updated: February 2023
Please read these Terms of Use carefully before using the Website and/or Platform.
1. Introduction
1.1. YouLend US LLC, including any of our wholly-owned subsidiaries as the context may require (“YouLend”, “we”, “our” or “us”) provides users and applicants (“Customer”, “you”, or “your”) with access to an online platform (the “Platform”) available at www.youlend.us (the “Website”).
1.2. These terms and conditions (the “Terms of Use”) set out the terms and conditions on which you may make use of the Website and/or Platform. Using the Website and/or Platform includes accessing, browsing, registering or applying for our products and services.
1.3. By accessing or using the Website and the Platform through any means, you accept and are agreeing to be bound by these Terms of Use. If you do not agree to these Terms of Use you must not use the Website and Platform.
1.4. The purpose of the Platform is to intermediate financing agreements (the “Financing Contracts”) with business customers. If you are getting financing through the Platform, these Terms of Use should be read together with the terms and conditions contained for you as set out in your individual Financing Contract. If there is any conflict between these Terms of Use and any Financing Contract, the Financing Contract (if applicable) will prevail.
1.5. These Terms of Use apply to Customers residing in the US. We do not represent that content available on or through the Website and Platform is appropriate for use or available in other locations.
2. Other applicable terms
These Terms of Use should be read together with the following additional terms that also apply to your use of the Website and the Platform:
2.1. Our Privacy Policy, which contains details of how we use the personal data you provide to us or that we collect from you.
2.2. Our Cookie Policy, which sets out information about the cookies on the Website and the Platform.
2.3. Any applicable Financing Contract we enter into with you.
3. Changes to the Terms of Use, Website and Platform
3.1. We may make changes to these Terms of Use from time to time. If we do this, we will post the updated Terms of Use on this page and indicate at the top of this page the date the Terms of Use were last revised. Your continued use of the Website and/or Platform after any changes or revisions to the Terms of Use constitutes your acceptance of the changed Terms of Use.
3.2. Please check this page every time you use the Website and/or Platform to check these Terms of Use, as they will apply to you.
3.3. We may update and change the Website and/or Platform, including any content on them, from time to time.
4. Access to and use of the Website and Platform
4.1. YouLend does not guarantee that the Website and/or Platform, or any content on them, 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, withdraw or restrict access to the Website or Platform, or any part of them, without notice.
4.2. You are responsible for making all arrangements necessary for you to have access to the Website and Platform.
4.3. You are also responsible for ensuring that any other person who accesses or uses the Website and/or Platform through your internet connection are aware of these Terms of Use any other terms applying and that they comply with them.
4.4. You will not access or use the Website or the Platform except for their intended purpose and you will not, nor attempt to, without limitation:
• use the Website or Platform in a manner that is prohibited by these Terms of Use, is unlawful under any applicable law and/or will disrupt their operation;
• use the Website or Platform to commit any act of fraud;
• gain unauthorized access to, make unauthorized alterations to, or introduce any kind of material that is malicious or technologically harmful to the Website, the Platform or YouLend by any means;
• 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;
• 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; or
• probe, scan, or test the vulnerability of any system or network on the Website and/or Platform.
5. General Terms for the YouLend Accounts
5.1. 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 need to create or will be given YouLend account details and a password. You are obliged to keep the password and YouLend account details strictly confidential and must not disclose them to any third party.
5.2. You should change the password on a regular basis. Passwords should 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.
5.3. We have the right to disable any YouLend account or password at any time if, in our reasonable opinion, you have failed to comply with any provision of these Terms of Use.
5.4. The Customer agrees that YouLend is entitled to assume all correspondence, orders, transfers and instructions made by reference to your password and account are made by you. You must promptly notify us at USsupport@youlend.com if you know or suspect that any of your account information or password are being misused.
5.5. By making an application for financing, you agree and confirm that:
• all the information you have provided is accurate and correct and you are authorized to submit details on behalf of the company or business entity whose details you have provided;
• you can on behalf of the said company or business entity enter into a legally binding agreement with us;
• you will only use the Platform or Website for getting financing as envisaged by these Terms of Use and the applicable Financing Contract;
• you have provided a current address, telephone number and e-mail address of the company or business entity you represent and will notify us immediately if your contact details change;
• you are a director, officer or are otherwise authorized to act on behalf of the company or business entity;
• you authorize us, at any time, to use any means that we consider necessary to verify your identity with any third-party providers of information as well as conducting credit reference agency searches on the said company, business entity and its officers in accordance with our Privacy Policy;
• you authorize YouLend to perform a credit reference agency search on the named company or business entity 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, officers or persons authorized to act on behalf of the named company or business entity as well as any guarantors in accordance with our Privacy Policy;
• you agree to YouLend engaging with your payment gateway and other third parties to progress with the funding;
• you authorize YouLend to set-up a payment account for the named company or business entity to be able to facilitate the repayment of the potential financing granted to the named company or business entity; and
• 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.
6. Data accuracy and errors
6.1. 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.
6.2. YouLend is under no obligation to update any of the content on the Website and/or the Platform that may be out of date at any given time. Although we make reasonable efforts to update the information on the Website and the Platform, we do not guarantee that the Website and/or the Platform or any content on them, will be free from errors or omissions.
7. Intellectual property
7.1. YouLend is the owner or the licensee of all intellectual property rights in and to the Website and the Platform and in the material published on them. These works are protected by copyright laws and treaties all around the world. All such rights are reserved.
7.2. Your registration and use of our Platform does not transfer any rights to the content and related intellectual property rights contained in our Platform.
7.3. Except as otherwise permitted by law, you agree not to monitor, use or copy our web pages or any content on the Website or Platform, including without limitation, any price data without our prior consent. Any unauthorized use or reproduction may be prosecuted.
7.4. 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.
8. Indemnity
You agree to indemnify and hold harmless YouLend, its directors, officers, employees, agents, associated persons and affiliates, from and against any and all losses, liabilities, claims, demands, proceedings, costs, damages, expenses (including reasonable legal fees) and penalties whatsoever arising out or relating to any violation of these Terms of Use by you or any other person accessing the Website and/or Platform on your behalf, to the extent such losses are not caused by YouLend's breach of its obligations under these Terms of Use or are otherwise not a direct result of the gross negligence, willful default or fraud of YouLend.
9. Limitation of liability
9.1. Nothing in these Terms of Use excludes or limits our liability for fraud, willful misconduct, gross negligence or any other liability that cannot be excluded or limited by the laws of the State of Delaware (including with respect to death or personal injury).
9.2. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms that may apply to the Website or the Platform or any content on them, whether express or implied.
9.3. 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 (at any time):
• use of, or inability to use, the Website and/or the Platform;
• use of or reliance on any content displayed on the Website and/or the Platform;
• loss of profits, sales, business or revenue;
• business interruption;
• loss of anticipated savings;
• loss of business opportunity, goodwill or reputation; or
• any indirect or consequential loss or damage in any case.
9.4. 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.
10. Viruses
10.1. YouLend does not guarantee that the Website or Platform will be secure or free from bugs or viruses. You should use your own virus protection software.
10.2. It is your own responsibility to configure your information technology, computer programs and platforms in order to access the Website or Platform.
11. Third party-links and references
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.
12. YouLend Fees and Charges
12.1. The Website and Platform are made available free of charge. There is no charge for making an application for financing on the Platform and/or Website or for registering for a YouLend account.
12.2. If your application for financing is approved, the details of the financing will be specified in the Financing Contract, including any fees due to YouLend.
12.3. YouLend administration fees and charges will be set out in the Financing Contracts.
13. Final provisions
13.1. The Terms of Use are governed by the laws of the State of Delaware. The state or federal courts located in Delaware will have exclusive jurisdiction in relation to any and all disputes arising from the Terms of Use.
13.2. If any provision of these Terms of Use is or becomes invalid or unenforceable in any respect, this shall not affect the validity or enforceability of the remaining provisions of these Terms of Use.
13.3. These Terms of Use are provided for general information only and are not intended to amount to advice on which you should rely. You should always consult qualified professional adviser(s) to obtain any financial, legal, tax or other advice.
13.4. Any notices will be provided electronically.
13.5. If you have any questions about these Terms of Use, please contact our customer services team by email at: USsupport@youlend.com.