Last updated: December 6, 2021
You acknowledge and agree that you may be a permitted user of an organization or other third party that is a Member of Benji Financial and/or Benji Tax (“Customer”). Customer has separately entered into an agreement with us (the “Contract”) that permits Customer to access, and provide its personnel with access to, the Benji Site. The Contract contains our commitment to deliver the Benji Site to Customer, who may then obtain user accounts for each individual permitted user.
You acknowledge and agree that the Benji Site is intended to provide you with general information and any Content contained on or received through the Benji Site (including through any of our Offerings) or through any of our advertisements (including through posts made from and information shared on our social media accounts) is not business, legal, accounting, or professional tax advice and should not be relied upon in that regard.
- Member Account
- To access certain features of the Benji Site, you may be required to successfully sign up for a member account using the available interfaces of the services, and establish login credentials (the “Member ID”). If you establish a Member ID, you will keep your Member ID secure and will not grant access to or otherwise share your Member ID with any other person. You must provide us with true, accurate, current and complete information for your Member ID. If we believe or suspect that your information is not true, accurate, current or complete, we may deny or terminate your access to the Benji Site.
- We reserve the right to disable any Member ID issued to you at any time in our sole discretion. If we disable access to a Member ID issued to you, you may be prevented from accessing the Benji Site (or any portion thereof).
- Electronic Communications
- When you use or view the Benji Site or send e-mails, texts or other electronic messages to us, you are communicating with us electronically and you consent to receive communications from us electronically. We will communicate with you by e-mail, by text message or by posting notices on the Benji Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
- If you elect to receive text messages through the Benji Site, standard data and message rates may apply. Any and all such charges, fees or costs are your sole responsibility. You should consult with your wireless carrier to determine what rates, charges, fees or costs may apply to your use of the Benji Site.
- By creating an account to access the Benji Site, you acknowledge and agree that Benji will send you service-related e-mails and text messages relating to your account, including service updates. These communications can be managed through member features made available through the Benji Site from time to time. Your consent to receive communications and do business electronically, and our agreement to do so, applies to all of your interactions and transactions with us. You may withdraw your consent to receive communications electronically by contacting us in the manner described below. If you withdraw your consent (excluding consent to receive marketing communications), from that time forward, you must uninstall, delete and stop using the Benji Site. The withdrawal of your consent will not affect the legal validity and enforceability of any obligations or any electronic communications provided or business transacted between us prior to the time you withdraw your consent. Please keep us informed of any changes in your email, telephone number or contact information so that you continue to receive all communications without interruption.
- Benji Financial and Benji Tax
- Through the Benji Site, Members can access (i) fully remote financial services, including the establishment and maintenance of an all-in-one business operating account (“Benji Financial”); and (ii) an online solution that scans your bank transactions to categorize and identify potential tax write-offs (“Benji Tax”).
- The method and terms of payment for Enrollment in and purchase of the services offered through Benji Financial and/or Benji Tax will be governed by and set out in the Customer Agreement.
- Member Data and Privacy
- By using the Benji Site, you acknowledge and agree that Benji will be transmitting certain of your Personal Information (defined below) electronically.
- You grant to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns, an irrevocable, worldwide, non-exclusive, royalty-free, transferable and sublicensable licence to access, collect, store and use any data, information, records or files that you load, transmit to or enter into, or that we collect from, the Benji Site, including your Personal Information (collectively, “Member Data”): (i) to develop, enhance and make available the Benji Site; and (ii) to produce data, information, or other materials that are not identified as relating to a particular individual or company (such data, information and materials, the “Aggregated Data”). We and our affiliates and service providers, and each of their and our respective licensees, successors and assigns are free to create, use and disclose Aggregated Data during and after the Term (defined below)i for any purpose and without obligations of any kind. Benji will not be liable for any failure to store, or for loss or corruption of your Member Data.
- Promotional Offers
We may run promotional offers from time to time on the Benji Site. The terms of any such promotion will be posted on the Benji Site. Unless otherwise indicated, we may establish and modify, in our sole discretion, the terms of such offer and end such offer at any point. Promotional offers may not be available in your jurisdiction.
- Updates and Upgrades
- Ownership of and License to the Benji Site
- Certain elements of the Benji Site are protected by copyright. You are prohibited from modifying, copying, reproducing, publishing, posting, transmitting, distributing, creating derivative works from, decompiling, transferring or selling the Benji Site or any portion thereof or sharing or granting access in any of the foregoing to any third party for any purpose.
- The name “BENJI” is the trademark and trade name of Benji. Any trademarks, graphics, logos or other commercial symbols appearing in or on the Benji Site are the exclusive property of Benji (or its third-party suppliers) and may not be used in any manner without our express written consent.
- Additional Terms
- Your Responsibilities
You agree to: (a) prevent unauthorized access to or use of the Benji Site; (b) maintain, protect and make backups of your Member Data; (c) keep your contact information associated with your account current and accurate at all times; (d) comply with all applicable laws and regulations, including, but not limited to, all intellectual property, data, privacy laws and anti-spam; (e) keep your Member IDs and all other login information confidential; (f) not register for an account on behalf of a legal person other than yourself without such legal person’s authorization; (g) monitor and control all activity conducted through your account in connection with the Benji Site; (h) upload and disseminate only data to which you own all required rights under law and do so only consistent with applicable law; (i) promptly notify us if you become aware or reasonably suspect any illegal or unauthorized activity or a security breach involving your account, including any loss, theft, or unauthorized disclosure or use of a Member ID or account; (j) not use anyone else’s Member ID at any time, without the permission of the Member ID holder; (k) not attempt, in any manner, to obtain the password, account, or other security information from any other member; and (l) be responsible for the use of the Benji Site by any Authorized Users.
- No Unlawful or Prohibited Use
- Communications Not Confidential
We do not guarantee the confidentiality of any communications made by you through the Benji Site. We do not guarantee the security of data transmitted over the internet or public networks in connection with your use of the Benji Site.
- Third Party Content, Websites or Services
- Your interactions with organizations and/or individuals found on or through the Benji Site, including payment and delivery of goods and services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You agree that Benji is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
- Malicious Code and Security
The downloading and viewing of Content is done at your own risk. We do not guarantee or warrant that the Benji Site is compatible with your computer system or mobile device or that the Benji Site, or any links from the Benji Site, will be free of viruses, worms, trojan horses or disabling devices or other code that manifests contaminating or destructive properties. You are responsible for implementing safeguards to protect the security and integrity of your computer system and/or mobile device, and you are responsible for the entire cost of any service, repairs or connections of and to your computer system and/or mobile device that may be necessary as a result of your use of the Benji Site.
YOU ACKNOWLEDGE, UNDERSTAND, AND AGREE THAT THE BENJI SITE AND OFFERINGS ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND. EXCEPT FOR ANY SPECIFIC WARRANTIES PROVIDED OR AS OTHERWISE REQUIRED BY LAW, WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THE BENJI SITE AND OFFERINGS WHETHER EXPRESS, IMPLIED, STATUTORY OR COLLATERAL, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES AND CONDITIONS OF MERCHANTABILITY, QUALITY, DURABILITY, COMPATIBILITY, TITLE, SECURITY, RELIABILITY, COMPLETENESS, QUIET ENJOYMENT, ACCURACY, CURRENCY, TIMELINESS, INTEGRATION, FITNESS FOR A PARTICULAR OR GENERAL PURPOSE AND NON-INFRINGEMENT, AND/OR ANY WARRANTIES OR CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE, AND/OR THAT THE BENJI SITE AND OFFERINGS ARE OR WILL BE ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THIRD PARTY COMMUNICATIONS AND ANY THIRD PARTY WEBSITES OR CONTENT DIRECTLY OR INDIRECTLY ACCESSED THROUGH THE BENJI SITE.
IN THE EVENT THAT THERE IS AN INTERRUPTION OR DISRUPTION TO THE OFFERINGS FOR WHATEVER REASON, EVEN IF BENJI HAS BEEN MADE AWARE OF AN ISSUE THAT COULD RESULT IN OR IS LIKELY TO RESULT IN AN INTERRUPTION OR DISRUPTION OF OFFERINGS, BENJI WILL NOT BE REQUIRED TO ISSUE A REFUND FOR ANY PURCHASE MADE BY YOU. AS SOON AS BENJI HAS IDENTIFIED THE CAUSE OF AN INTERRUPTION OR DISRUPTION, BENJI WILL USE REASONABLE EFFORTS TO RETURN THE OFFERINGS AS SOON AS REASONABLY POSSIBLE.
- Limitation of Liability
WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES WILL ANY OF THE BENJI PARTIES BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOUR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOUR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, PANDEMICS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, OR NON-PERFORMANCE OF THIRD PARTIES.
- Term and Termination; Survival
- If you delete your Member ID, we will save your profile information in case you decide to restore your account (which you can do within 30 days of deactivating your account).
- Geographic Restrictions
Benji makes no representation that the Benji Site is or will be available for use in all locations outside Canada or all locations within Canada. We provide the Benji Site for use only by persons located in Canada. This site is not intended for use in any jurisdiction where its use is not permitted. If you access the site from outside Canada, you do so at your own risk and you are responsible for compliance with local laws of your jurisdiction.
- General Provisions
- Additional License Terms