Lenkie Platform Agreement (Terms of Service)
Lenkie Platform Agreement (Terms of Service)
Lenkie Platform Agreement (Terms of Service)
THESE TERMS AND INFORMATION ABOUT LENKIE
The parties. These Terms apply between you and Lenkie Technologies Limited ("Lenkie", "we", "our"), a company registered in England and Wales under number 13043898 with our registered office at 25 Luke St, London EC2A 4DS, United Kingdom.
THESE TERMS AND INFORMATION ABOUT LENKIE
The parties. These Terms apply between you and Lenkie Technologies Limited ("Lenkie", "we", "our"), a company registered in England and Wales under number 13043898 with our registered office at 25 Luke St, London EC2A 4DS, United Kingdom.
Your agreement to the Terms and the Agreement. By submitting your application to use our services or by using any part of the Lenkie Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and any additional terms referenced in the Agreement. If you do not accept these Terms, you are not permitted to use the Lenkie Platform or the Lenkie Services.
Term. These Terms, unless terminated earlier in accordance with clause 21, shall continue until either party gives to the other party thirty (30) days’ written notice to terminate, such notice to take effect on or after the first anniversary of the date when you confirmed your acceptance of the Terms by clicking, where indicated, on the link or button stating ‘accept terms’ or such other similar wording (the “Commencement Date”).
We shall provide (or shall procure access to) the Lenkie Services and access to the Lenkie Platform in accordance with the terms of the Agreement.
Your agreement to the Terms and the Agreement. By submitting your application to use our services or by using any part of the Lenkie Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and any additional terms referenced in the Agreement. If you do not accept these Terms, you are not permitted to use the Lenkie Platform or the Lenkie Services.
Term. These Terms, unless terminated earlier in accordance with clause 21, shall continue until either party gives to the other party thirty (30) days’ written notice to terminate, such notice to take effect on or after the first anniversary of the date when you confirmed your acceptance of the Terms by clicking, where indicated, on the link or button stating ‘accept terms’ or such other similar wording (the “Commencement Date”).
We shall provide (or shall procure access to) the Lenkie Services and access to the Lenkie Platform in accordance with the terms of the Agreement.
LENKIE SERVICES TERMS
1.2 Third Party Providers. We work with certain third-party providers to provide some of the Lenkie Services to you. Third-party providers used by us include:
LENKIE SERVICES TERMS
1.2 Third Party Providers. We work with certain third-party providers to provide some of the Lenkie Services to you. Third-party providers used by us include:
Airwallex Ltd, a company registered in England and Wales with number 10103420 and whose registered office is at Labs House, 15-19 Bloomsbury Way, London, England, WC1A 2TH.
TRUELAYER LIMITED, a company registered in England and Wales with number 10278251 and whose registered office is at Part Ground Floor (East), Floors 6 And 7 The Gilbert, 40 Finsbury Square, London, United Kingdom, EC2A 1PX.
EXPERIAN LIMITED, a company registered in England and Wales with number 00653331 and whose registered office is at The Sir John Peace Building Experian Way, Ng2 Business Park, Nottingham, NG80 1ZZ.
TRANSUNION LIMITED, a company registered in England and Wales with number 03834989 and whose registered office is at 95 Glencairn Road, London, SW16 5DG.
(The "Third Party Providers").
Right to use/change Third Party Providers. We reserve the right to use other Third Party Providers and/or change the current Third Party Providers from time to time upon providing you notice in accordance with clause 22.
Lenkie Services terms and conditions. You acknowledge that your use of the Lenkie Services will be subject to the applicable terms and conditions and privacy policies as follows:
Lenkie Payments and Lenkie Financing:
The “Financing Terms” available in Section 2 below.
Together, these constitute the “Lenkie Services Terms”.
Airwallex Ltd, a company registered in England and Wales with number 10103420 and whose registered office is at Labs House, 15-19 Bloomsbury Way, London, England, WC1A 2TH.
TRUELAYER LIMITED, a company registered in England and Wales with number 10278251 and whose registered office is at Part Ground Floor (East), Floors 6 And 7 The Gilbert, 40 Finsbury Square, London, United Kingdom, EC2A 1PX.
EXPERIAN LIMITED, a company registered in England and Wales with number 00653331 and whose registered office is at The Sir John Peace Building Experian Way, Ng2 Business Park, Nottingham, NG80 1ZZ.
TRANSUNION LIMITED, a company registered in England and Wales with number 03834989 and whose registered office is at 95 Glencairn Road, London, SW16 5DG.
(The "Third Party Providers").
Right to use/change Third Party Providers. We reserve the right to use other Third Party Providers and/or change the current Third Party Providers from time to time upon providing you notice in accordance with clause 22.
Lenkie Services terms and conditions. You acknowledge that your use of the Lenkie Services will be subject to the applicable terms and conditions and privacy policies as follows:
Lenkie Payments and Lenkie Financing:
The “Financing Terms” available in Section 2 below.
Together, these constitute the “Lenkie Services Terms”.
ACCESSING THE LENKIE PLATFORM
1.3 Application. To access and use the Lenkie Services, you must:
Have read, understood, and agree to be bound by the terms of the Agreement and our Privacy Policy (available here);
Ensure you are a registered limited company duly incorporated or formed under the laws of England and Wales, are validly existing, and have full power to carry on your business as now being conducted;
Register and set up a user account with a username and password;
Successfully pass the KYC process outlined in clause 5;
Nominate a director of the company to act as account administrator.
Your information. You warrant that all information you provide to us during application and subsequent registration to use the Lenkie Services, and that is otherwise provided or uploaded by you (or on your behalf) via the Lenkie Platform is true and accurate at all times. You agree that you will provide us with any additional information that we may reasonably require to verify your identity or details you provided during registration.
Login Details. You are responsible for maintaining the confidentiality of your login details, and for any use of the Lenkie Services using your login details. You must keep your Lenkie Services credentials safe. You must maintain adequate security and control of any and all devices, other credentials, IDs, passwords and personal identification numbers/codes that you use to access your Lenkie Services. Sharing your login credentials with any other person or making them available to multiple users on a network is strictly prohibited. If you have any concerns that your credentials may have been misused, you should contact us at hello@lenkie.com to let us know.
No liability for unauthorised use of your login credentials. Lenkie accepts no liability for any losses, damages or costs arising from or in relation to your failure to comply with clause 4.3.
ACCESSING THE LENKIE PLATFORM
1.3 Application. To access and use the Lenkie Services, you must:
Have read, understood, and agree to be bound by the terms of the Agreement and our Privacy Policy (available here);
Ensure you are a registered limited company duly incorporated or formed under the laws of England and Wales, are validly existing, and have full power to carry on your business as now being conducted;
Register and set up a user account with a username and password;
Successfully pass the KYC process outlined in clause 5;
Nominate a director of the company to act as account administrator.
Your information. You warrant that all information you provide to us during application and subsequent registration to use the Lenkie Services, and that is otherwise provided or uploaded by you (or on your behalf) via the Lenkie Platform is true and accurate at all times. You agree that you will provide us with any additional information that we may reasonably require to verify your identity or details you provided during registration.
Login Details. You are responsible for maintaining the confidentiality of your login details, and for any use of the Lenkie Services using your login details. You must keep your Lenkie Services credentials safe. You must maintain adequate security and control of any and all devices, other credentials, IDs, passwords and personal identification numbers/codes that you use to access your Lenkie Services. Sharing your login credentials with any other person or making them available to multiple users on a network is strictly prohibited. If you have any concerns that your credentials may have been misused, you should contact us at hello@lenkie.com to let us know.
No liability for unauthorised use of your login credentials. Lenkie accepts no liability for any losses, damages or costs arising from or in relation to your failure to comply with clause 4.3.
KNOW YOUR CLIENT
1.4 KYC compliance. As further detailed in our Privacy Policy, information you provide to us (or, where necessary, the Third Party Providers) for KYC purposes will be used to carry out sufficient and risk-based due diligence checks as required under respective anti-money laundering and know your customer ("KYC") legislation. Information likely to be requested as part of the KYC process includes (but is not limited to):
Company information:
Company name
Company registration number
Registered address
Trading address
Industry
Average monthly revenues
Applicant information (note this must be a director of the company):
First name and last name
Date of birth
Home address
Email address
Phone number
Beneficial owners:
First name and last name
Date of birth
Home address
Percentage ownership of business
Controlling interests (if anyone else other than those already captured has a controlling interest in the company):
First name and last name
Date of birth
Home address
KYC Verification. In order to comply with anti-money laundering and KYC verification and checks, we may collect the required information from you in accordance with our Privacy Policy.
Additional KYC. We (or, where necessary, the Third Party Providers) are entitled to request further information as required by applicable KYC legislation. You agree to promptly provide such additional information as and when requested and will ensure that such information is true, accurate and complete.
KNOW YOUR CLIENT
1.4 KYC compliance. As further detailed in our Privacy Policy, information you provide to us (or, where necessary, the Third Party Providers) for KYC purposes will be used to carry out sufficient and risk-based due diligence checks as required under respective anti-money laundering and know your customer ("KYC") legislation. Information likely to be requested as part of the KYC process includes (but is not limited to):
Company information:
Company name
Company registration number
Registered address
Trading address
Industry
Average monthly revenues
Applicant information (note this must be a director of the company):
First name and last name
Date of birth
Home address
Email address
Phone number
Beneficial owners:
First name and last name
Date of birth
Home address
Percentage ownership of business
Controlling interests (if anyone else other than those already captured has a controlling interest in the company):
First name and last name
Date of birth
Home address
KYC Verification. In order to comply with anti-money laundering and KYC verification and checks, we may collect the required information from you in accordance with our Privacy Policy.
Additional KYC. We (or, where necessary, the Third Party Providers) are entitled to request further information as required by applicable KYC legislation. You agree to promptly provide such additional information as and when requested and will ensure that such information is true, accurate and complete.
1.5 Your Lenkie account
Your Lenkie Account allows you to manage your financing and payments through our platform. To understand more about using your Lenkie Account, refer to:
Account limits in relation to your Lenkie Account (Section 2)
Using your Lenkie Account (Section 5)
Third party access to your Lenkie Account (Section 6)
Closing your Lenkie Account (Section 7)
Your liability and authorisations in relation to your Lenkie Account (Section 8)
Disputes and incorrect transactions on your Lenkie Account (Section 9)
Termination or suspension of your Lenkie Account (Section 11)
1.5 Your Lenkie account
Your Lenkie Account allows you to manage your financing and payments through our platform. To understand more about using your Lenkie Account, refer to:
Account limits in relation to your Lenkie Account (Section 2)
Using your Lenkie Account (Section 5)
Third party access to your Lenkie Account (Section 6)
Closing your Lenkie Account (Section 7)
Your liability and authorisations in relation to your Lenkie Account (Section 8)
Disputes and incorrect transactions on your Lenkie Account (Section 9)
Termination or suspension of your Lenkie Account (Section 11)
SECURITY AND MONITORING YOUR LENKIE ACCOUNT
1.6 Security and Monitoring your Lenkie Account
You will keep your Lenkie Account secure and only provide access to individuals that you have authorised. You will immediately request Lenkie to disable User access to the Services if you know or believe your Lenkie Account has or may have been compromised or has been or may be misused; and you will promptly notify us (by contacting our support team) of any known or reasonably suspected unauthorised access or use.
SECURITY AND MONITORING YOUR LENKIE ACCOUNT
1.6 Security and Monitoring your Lenkie Account
You will keep your Lenkie Account secure and only provide access to individuals that you have authorised. You will immediately request Lenkie to disable User access to the Services if you know or believe your Lenkie Account has or may have been compromised or has been or may be misused; and you will promptly notify us (by contacting our support team) of any known or reasonably suspected unauthorised access or use.
AUTHORISED USERS
1.7 Authorised Users
You will authorise Users, which will allow them to use the Services and access certain functionality of your Lenkie Account. You are responsible for ensuring that Users are aware of and comply with your obligations under this Agreement, including but not limited to Section 1.7 (Requirements and Prohibited Activity). You are responsible for obtaining consent from your Users to enable Lenkie and Financial Institution Partners to collect, use, retain, and disclose Personal Data, and for ensuring that Users have read and agreed to the Privacy Policy and all applicable terms. You must ensure that your Users are aware of and abide by all applicable Lenkie Terms.
AUTHORISED USERS
1.7 Authorised Users
You will authorise Users, which will allow them to use the Services and access certain functionality of your Lenkie Account. You are responsible for ensuring that Users are aware of and comply with your obligations under this Agreement, including but not limited to Section 1.7 (Requirements and Prohibited Activity). You are responsible for obtaining consent from your Users to enable Lenkie and Financial Institution Partners to collect, use, retain, and disclose Personal Data, and for ensuring that Users have read and agreed to the Privacy Policy and all applicable terms. You must ensure that your Users are aware of and abide by all applicable Lenkie Terms.
REQUIREMENTS AND PROHIBITED ACTIVITIES
1.8 Requirements and Prohibited Activities
Only companies registered in the United Kingdom (England, Wales, and Scotland) may apply for a Lenkie Account. Companies registered outside the United Kingdom, as well as consumers, sole proprietors, and unincorporated partnerships, are not permitted to use or attempt to open or use a Lenkie Account. Your Lenkie Account and Services may only be used for the Company's bona fide business expenses. Your Lenkie Account and Services may not be:
Used for any purpose that is unlawful or prohibited by this Platform Agreement;
Used for any personal, family, or household use;
Provided to or used for the benefit of an individual, organisation, or country that is blocked or sanctioned by the United Kingdom, including those identified by The Office of Financial Sanctions Implementation (OFSI);
Used by unaffiliated third parties;
Used for any other activities not for the benefit of the Company.
We will not approve and may close Lenkie Accounts that we know or believe are engaged in any of the prohibited activities including but not limited to:
Sale of controlled substances without the proper licences.
Production, sale, or distribution of marijuana.
Gambling, betting, lotteries, sweepstakes, or games of chance.
Adult entertainment businesses.
Prostitution or escort services.
Sale of counterfeit or "grey market" goods or services.
Get-rich-quick schemes, multi-level marketing, drop-shipping, or activities that may be considered unfair, deceptive, or abusive acts or practices (UDAAP).
Accounts designed to hide ownership identity.
Use of Lenkie services for personal, family household use, or any non-commercial use;
Activities that are illegal or that Lenkie, in its sole discretion, identifies as high-risk;
Use of the Services in a manner that is inconsistent or prohibited by the Platform Agreement;
Financial services providers including banks or bank affiliates, securities brokers, or money transmitters;
Nuclear power & nuclear fuel cycle;
Palm oil;
Oil & gas;
Mining;
Coal fire power generation;
Wood pulp (upstream & downstream);
Property investment (unless owner occupied);
Development & research or technical applications intending to support the businesses mentioned above.
Where a Company is engaged in certain restricted activities, Lenkie may require that you provide additional information to open or maintain your Lenkie Account. We may update the list of prohibited or restricted activities at any time and from time to time. You agree to review this regularly and contact us with any questions you have about how this list may apply to Company's business.
We may suspend or terminate access to your Lenkie Account if we believe in our sole discretion that this section was violated, or to comply with applicable laws or regulations. Without limiting any of your indemnification or other obligations to us, you agree to pay all Fines imposed on Lenkie or any affiliate, officer, employee, agent, or representative thereof by regulators or government agencies for your violation of this section.
REQUIREMENTS AND PROHIBITED ACTIVITIES
1.8 Requirements and Prohibited Activities
Only companies registered in the United Kingdom (England, Wales, and Scotland) may apply for a Lenkie Account. Companies registered outside the United Kingdom, as well as consumers, sole proprietors, and unincorporated partnerships, are not permitted to use or attempt to open or use a Lenkie Account. Your Lenkie Account and Services may only be used for the Company's bona fide business expenses. Your Lenkie Account and Services may not be:
Used for any purpose that is unlawful or prohibited by this Platform Agreement;
Used for any personal, family, or household use;
Provided to or used for the benefit of an individual, organisation, or country that is blocked or sanctioned by the United Kingdom, including those identified by The Office of Financial Sanctions Implementation (OFSI);
Used by unaffiliated third parties;
Used for any other activities not for the benefit of the Company.
We will not approve and may close Lenkie Accounts that we know or believe are engaged in any of the prohibited activities including but not limited to:
Sale of controlled substances without the proper licences.
Production, sale, or distribution of marijuana.
Gambling, betting, lotteries, sweepstakes, or games of chance.
Adult entertainment businesses.
Prostitution or escort services.
Sale of counterfeit or "grey market" goods or services.
Get-rich-quick schemes, multi-level marketing, drop-shipping, or activities that may be considered unfair, deceptive, or abusive acts or practices (UDAAP).
Accounts designed to hide ownership identity.
Use of Lenkie services for personal, family household use, or any non-commercial use;
Activities that are illegal or that Lenkie, in its sole discretion, identifies as high-risk;
Use of the Services in a manner that is inconsistent or prohibited by the Platform Agreement;
Financial services providers including banks or bank affiliates, securities brokers, or money transmitters;
Nuclear power & nuclear fuel cycle;
Palm oil;
Oil & gas;
Mining;
Coal fire power generation;
Wood pulp (upstream & downstream);
Property investment (unless owner occupied);
Development & research or technical applications intending to support the businesses mentioned above.
Where a Company is engaged in certain restricted activities, Lenkie may require that you provide additional information to open or maintain your Lenkie Account. We may update the list of prohibited or restricted activities at any time and from time to time. You agree to review this regularly and contact us with any questions you have about how this list may apply to Company's business.
We may suspend or terminate access to your Lenkie Account if we believe in our sole discretion that this section was violated, or to comply with applicable laws or regulations. Without limiting any of your indemnification or other obligations to us, you agree to pay all Fines imposed on Lenkie or any affiliate, officer, employee, agent, or representative thereof by regulators or government agencies for your violation of this section.
IDENTIFICATION AS CUSTOMER
1.9 Identification as Customer
We may publicly reference you as a Lenkie customer on our website or in communications during the term of this Platform Agreement. We will not express any false endorsement or partnerships. You grant Lenkie a limited licence to use Company trademarks or service marks for this purpose. Please notify us if you prefer that we not identify you as a Lenkie customer and we will use best efforts to remove references to you on our website or in communications.
IDENTIFICATION AS CUSTOMER
1.9 Identification as Customer
We may publicly reference you as a Lenkie customer on our website or in communications during the term of this Platform Agreement. We will not express any false endorsement or partnerships. You grant Lenkie a limited licence to use Company trademarks or service marks for this purpose. Please notify us if you prefer that we not identify you as a Lenkie customer and we will use best efforts to remove references to you on our website or in communications.
OWNERSHIP AND LICENCE
1.10 Ownership and License
As between you and Lenkie, Lenkie and its licensors own all Lenkie Property. Users may use Lenkie Property only as and for the purposes provided in this Platform Agreement. You may not modify, reverse engineer, create derivative works from, or disassemble Lenkie Property; or register, attempt to register, or claim ownership in Lenkie Property or portions of Lenkie Property.
Lenkie grants you a non-exclusive and non-transferable licence to use Lenkie Property as permitted by this Platform Agreement to the extent that Lenkie provides it to you via the Services. This licence terminates upon termination of this Platform Agreement unless terminated earlier by us.
OWNERSHIP AND LICENCE
1.10 Ownership and License
As between you and Lenkie, Lenkie and its licensors own all Lenkie Property. Users may use Lenkie Property only as and for the purposes provided in this Platform Agreement. You may not modify, reverse engineer, create derivative works from, or disassemble Lenkie Property; or register, attempt to register, or claim ownership in Lenkie Property or portions of Lenkie Property.
Lenkie grants you a non-exclusive and non-transferable licence to use Lenkie Property as permitted by this Platform Agreement to the extent that Lenkie provides it to you via the Services. This licence terminates upon termination of this Platform Agreement unless terminated earlier by us.
DATA AND PRIVACY
1.11 Data and Privacy
Lenkie collects and processes Company Data and Personal Data through your use of the Services and Third-Party Services. Lenkie may use and disclose Company Data and Personal Data (a) to provide Services to Company and Users; (b) as required by law; (c) for underwriting, identity verification, and fraud prevention; (d) to verify account balances and account information, establish spending limits, identify spending patterns, and determine spending limits; (e) to analyse and report transactions; (f) to report Company performance to credit reporting agencies and credit rating agencies, where appropriate; (g) for internal analytics and reporting; (h) as needed in dispute resolution; and (i) as otherwise permitted by law.
We’ll need to perform a credit check on your business and the directors of your business. We will share your personal details with Transunion and Experian who we use to perform these checks. You can find more information on how Transunion uses your data here (https://www.transunion.co.uk/legal-information/bureau-privacy-notice).
We will not share any Company Data or Personal Data with third parties for marketing their unaffiliated products without your consent but may use Company Data and Personal Data to identify Services, Third-Party Services, and programs that we believe may be of interest to you for the purpose of promoting them to you, including as part of a rewards, benefits, or joint marketing program.
Except as prohibited by law, Lenkie may use and disclose De-Identified Data for Lenkie's own purposes, including to improve and develop Lenkie products, services, and marketing efforts (such as developing data products and providing aggregate insights to other customers). Lenkie may also include De-Identified Data in both public and private reports.
Lenkie processes Personal Data in accordance with the Privacy Policy and, where applicable, any data processing addendum to this Platform Agreement. You acknowledge, understand, and agree that we will collect, disclose, and otherwise process Company Data and Personal Data in accordance with this Platform Agreement, the data protection addendum (where applicable), and the Privacy Policy. Where Company Data or Personal Data is shared by us with our subcontractors, Lenkie will implement controls to reduce the risk of loss or accidental disclosure.
DATA AND PRIVACY
1.11 Data and Privacy
Lenkie collects and processes Company Data and Personal Data through your use of the Services and Third-Party Services. Lenkie may use and disclose Company Data and Personal Data (a) to provide Services to Company and Users; (b) as required by law; (c) for underwriting, identity verification, and fraud prevention; (d) to verify account balances and account information, establish spending limits, identify spending patterns, and determine spending limits; (e) to analyse and report transactions; (f) to report Company performance to credit reporting agencies and credit rating agencies, where appropriate; (g) for internal analytics and reporting; (h) as needed in dispute resolution; and (i) as otherwise permitted by law.
We’ll need to perform a credit check on your business and the directors of your business. We will share your personal details with Transunion and Experian who we use to perform these checks. You can find more information on how Transunion uses your data here (https://www.transunion.co.uk/legal-information/bureau-privacy-notice).
We will not share any Company Data or Personal Data with third parties for marketing their unaffiliated products without your consent but may use Company Data and Personal Data to identify Services, Third-Party Services, and programs that we believe may be of interest to you for the purpose of promoting them to you, including as part of a rewards, benefits, or joint marketing program.
Except as prohibited by law, Lenkie may use and disclose De-Identified Data for Lenkie's own purposes, including to improve and develop Lenkie products, services, and marketing efforts (such as developing data products and providing aggregate insights to other customers). Lenkie may also include De-Identified Data in both public and private reports.
Lenkie processes Personal Data in accordance with the Privacy Policy and, where applicable, any data processing addendum to this Platform Agreement. You acknowledge, understand, and agree that we will collect, disclose, and otherwise process Company Data and Personal Data in accordance with this Platform Agreement, the data protection addendum (where applicable), and the Privacy Policy. Where Company Data or Personal Data is shared by us with our subcontractors, Lenkie will implement controls to reduce the risk of loss or accidental disclosure.
REWARDS AND BENEFITS
1.12 Rewards and Benefits
Lenkie may determine when, how, and under what conditions Company or Users may qualify for or earn rewards. Rewards are subject to the individual terms of the reward specified and this Platform Agreement. Certain transactions may not be eligible for some or any rewards. Rewards may also be subject to limits, revocation, or forfeiture as set forth in the Lenkie Rewards Terms. Any right to rewards or benefits shall terminate upon the termination of this Agreement, the closure of your Lenkie Account, or in the event of any breach of this Agreement. Certain rewards or benefits may be subject to additional agreements or disclosures.
REWARDS AND BENEFITS
1.12 Rewards and Benefits
Lenkie may determine when, how, and under what conditions Company or Users may qualify for or earn rewards. Rewards are subject to the individual terms of the reward specified and this Platform Agreement. Certain transactions may not be eligible for some or any rewards. Rewards may also be subject to limits, revocation, or forfeiture as set forth in the Lenkie Rewards Terms. Any right to rewards or benefits shall terminate upon the termination of this Agreement, the closure of your Lenkie Account, or in the event of any breach of this Agreement. Certain rewards or benefits may be subject to additional agreements or disclosures.
BETA SERVICES
1.13 Beta Services
Lenkie may make Beta Services available to you, which may be subject to additional terms and conditions. You acknowledge that Beta Services may be unstable and subject to frequent, substantial interruptions and to erroneous output and operation. You agree not to use any Beta Services for any mission-critical or other important functions without taking appropriate precautions to prevent loss or damage resulting from such use.
BETA SERVICES
1.13 Beta Services
Lenkie may make Beta Services available to you, which may be subject to additional terms and conditions. You acknowledge that Beta Services may be unstable and subject to frequent, substantial interruptions and to erroneous output and operation. You agree not to use any Beta Services for any mission-critical or other important functions without taking appropriate precautions to prevent loss or damage resulting from such use.
FEEDBACK
1.14 Feedback
Company hereby grants Lenkie a royalty-free, fully-paid, irrevocable, perpetual, nonexclusive, worldwide, assignable, and otherwise transferable licence, with the unrestricted and unlimited right to grant sublicenses, (1) to create derivative works based upon any Feedback and (2) to use, copy, display, publish, distribute, or otherwise commercialise or exploit in any manner any Feedback or derivative works based thereon. You acknowledge and agree that any Feedback you submit is not confidential. Lenkie has no obligation to compensate or credit you for Feedback you provide, regardless of whether or how we may use or otherwise commercialise or exploit it.
FEEDBACK
1.14 Feedback
Company hereby grants Lenkie a royalty-free, fully-paid, irrevocable, perpetual, nonexclusive, worldwide, assignable, and otherwise transferable licence, with the unrestricted and unlimited right to grant sublicenses, (1) to create derivative works based upon any Feedback and (2) to use, copy, display, publish, distribute, or otherwise commercialise or exploit in any manner any Feedback or derivative works based thereon. You acknowledge and agree that any Feedback you submit is not confidential. Lenkie has no obligation to compensate or credit you for Feedback you provide, regardless of whether or how we may use or otherwise commercialise or exploit it.
PAYMENTS TO LENKIE
2. Payments to Lenkie
2.1 Amounts Owed to Lenkie
You are responsible for payment in full of all Charges and Fees and other amounts owed by you to Lenkie. You must maintain at least one Linked Bank Account at all times available. Your Nominated Bank Account will be automatically debited as per each individual Finance Agreement. Lenkie may also directly debit any Linked Bank Account for other amounts owed under this Agreement. Your Lenkie Account will show the credit the business day after payment is received.
PAYMENTS TO LENKIE
2. Payments to Lenkie
2.1 Amounts Owed to Lenkie
You are responsible for payment in full of all Charges and Fees and other amounts owed by you to Lenkie. You must maintain at least one Linked Bank Account at all times available. Your Nominated Bank Account will be automatically debited as per each individual Finance Agreement. Lenkie may also directly debit any Linked Bank Account for other amounts owed under this Agreement. Your Lenkie Account will show the credit the business day after payment is received.
PAYMENT PROCESSING BY LENKIE
3. Payment Processing by Lenkie
3.1 Payment Processing
Lenkie facilitates payment processing (collectively, “Grow Now Pay Later”) between you and your supplier who you purchase goods or services from (“Suppliers”), including:
Sending payments via electronic funds transfer, including automated clearing house transfer (“ACH”) and Real-Time Payments (“RTP”)
Other payment-related services necessary for the provision of the above services.
Lenkie has partnered with one or more financial institutions (“Payment Partner”) to provide the Payment Service. With respect to each payment transaction made using the Payment Service, the Company’s funds are received and processed by the Payment Partner, and disbursed to the Supplier. Company assumes no liability or responsibility for any payments processed by the Payment Partner.
PAYMENT PROCESSING BY LENKIE
3. Payment Processing by Lenkie
3.1 Payment Processing
Lenkie facilitates payment processing (collectively, “Grow Now Pay Later”) between you and your supplier who you purchase goods or services from (“Suppliers”), including:
Sending payments via electronic funds transfer, including automated clearing house transfer (“ACH”) and Real-Time Payments (“RTP”)
Other payment-related services necessary for the provision of the above services.
Lenkie has partnered with one or more financial institutions (“Payment Partner”) to provide the Payment Service. With respect to each payment transaction made using the Payment Service, the Company’s funds are received and processed by the Payment Partner, and disbursed to the Supplier. Company assumes no liability or responsibility for any payments processed by the Payment Partner.
3.2 Payment Processing
Once we begin to process Company’s payment, Company has no further rights in those funds, except as strictly required by applicable law and payment network rules. Lenkie will be transferred and delivered to the supplier in a manner as agreed with Payment Partner and as disclosed to the Supplier from time to time. IT MAY TAKE UP TO FIVE (5) BUSINESS DAYS OR LONGER FOR PAYMENTS TO BE RECEIVED BY THE PARTNER. Lenkie is not a bank, savings and loan association, regulated financial institution, or money transmitter. Lenkie forwards Company payment instructions to its Payment Partner, which will receive funds from the Company in a custodial account, and cause the other fund transfers necessary to complete the transaction(s) requested by Company through the Payment Service. Your funds may be pooled with the funds of other users of the Service in the custodial account. We are not liable if we fail to complete your transaction because the payment method used by Company has insufficient available funds or insufficient available credit, the Company’s financial institution rejects the transaction, the payment fails for reasons outside of our control, despite our reasonable precautions, or any other reason set forth in this Platform Agreement.
3.2 Payment Processing
Once we begin to process Company’s payment, Company has no further rights in those funds, except as strictly required by applicable law and payment network rules. Lenkie will be transferred and delivered to the supplier in a manner as agreed with Payment Partner and as disclosed to the Supplier from time to time. IT MAY TAKE UP TO FIVE (5) BUSINESS DAYS OR LONGER FOR PAYMENTS TO BE RECEIVED BY THE PARTNER. Lenkie is not a bank, savings and loan association, regulated financial institution, or money transmitter. Lenkie forwards Company payment instructions to its Payment Partner, which will receive funds from the Company in a custodial account, and cause the other fund transfers necessary to complete the transaction(s) requested by Company through the Payment Service. Your funds may be pooled with the funds of other users of the Service in the custodial account. We are not liable if we fail to complete your transaction because the payment method used by Company has insufficient available funds or insufficient available credit, the Company’s financial institution rejects the transaction, the payment fails for reasons outside of our control, despite our reasonable precautions, or any other reason set forth in this Platform Agreement.
3.3 Our Right to Decline Transactions
You understand and agree that we and Payment Partner may reject a Company request for a transaction at any time for any reason, or we may require additional information from you or a Supplier in order to complete the transaction. There are limits on the amount, frequency, and type of transactions that may be conducted using the Payment Service. For security reasons, we may not tell you what those limits are, or when they change. You acknowledge and agree that Lenkie is not obligated to complete any transaction requested by you if you do not provide us with requested information (such as payment method information) or accurate and correct information of any kind, or if Company’s payment method fails to deliver funds. You should notify Lenkie immediately if you become aware that you have made a mistake when instructing us to process a payment. Lenkie reserves the right to refuse to process any payment if we reasonably believe that the activity, or the transaction if processed, would result in you being in violation of this TOS, or in violation of applicable law. We will attempt to promptly notify you if we decline to process a payment unless we reasonably believe you have engaged in any violation of law or activity prohibited by this TOS, in which case we shall have no obligation to contact you. Subject to applicable law, we may request a reversal or a hold on your transactions or funds if we believe in our sole discretion that you are in breach of this TOS, or we or Payment Partner has reason to suspect that you may be a victim of fraud, or that your account may be associated with fraud or otherwise to protect the security of your account and our systems. We review account and transaction activities at various times, including when bank transfers are initiated. This review checks for, among other things, suspicious or illegal activity, and whether your account activity and the activity of users with whom you’ve transacted comply with this TOS. In connection with our review process, you may be required to provide us with additional information and/or documentation to verify your identity. We may limit your account and access to the Service until verification is completed.
3.3 Our Right to Decline Transactions
You understand and agree that we and Payment Partner may reject a Company request for a transaction at any time for any reason, or we may require additional information from you or a Supplier in order to complete the transaction. There are limits on the amount, frequency, and type of transactions that may be conducted using the Payment Service. For security reasons, we may not tell you what those limits are, or when they change. You acknowledge and agree that Lenkie is not obligated to complete any transaction requested by you if you do not provide us with requested information (such as payment method information) or accurate and correct information of any kind, or if Company’s payment method fails to deliver funds. You should notify Lenkie immediately if you become aware that you have made a mistake when instructing us to process a payment. Lenkie reserves the right to refuse to process any payment if we reasonably believe that the activity, or the transaction if processed, would result in you being in violation of this TOS, or in violation of applicable law. We will attempt to promptly notify you if we decline to process a payment unless we reasonably believe you have engaged in any violation of law or activity prohibited by this TOS, in which case we shall have no obligation to contact you. Subject to applicable law, we may request a reversal or a hold on your transactions or funds if we believe in our sole discretion that you are in breach of this TOS, or we or Payment Partner has reason to suspect that you may be a victim of fraud, or that your account may be associated with fraud or otherwise to protect the security of your account and our systems. We review account and transaction activities at various times, including when bank transfers are initiated. This review checks for, among other things, suspicious or illegal activity, and whether your account activity and the activity of users with whom you’ve transacted comply with this TOS. In connection with our review process, you may be required to provide us with additional information and/or documentation to verify your identity. We may limit your account and access to the Service until verification is completed.
3.4 Terminating Your Use of Payment Service
You may cease your use of the Payment Service at any time, and close your account and terminate your relationship with us without cost. However, if you do so, you will remain liable for all obligations related to your account even after the account is closed. Any incomplete transactions or transfers must be completed or cancelled and you must transfer any money from any personal or business profiles of your account before closing it. We may refuse or delay the closing of your account until all pending transactions have been completed, until you have paid us all amounts you owe us under this TOS and any other agreement you have with us, or if reasonably necessary to conduct an investigation in connection with your account.
3.4 Terminating Your Use of Payment Service
You may cease your use of the Payment Service at any time, and close your account and terminate your relationship with us without cost. However, if you do so, you will remain liable for all obligations related to your account even after the account is closed. Any incomplete transactions or transfers must be completed or cancelled and you must transfer any money from any personal or business profiles of your account before closing it. We may refuse or delay the closing of your account until all pending transactions have been completed, until you have paid us all amounts you owe us under this TOS and any other agreement you have with us, or if reasonably necessary to conduct an investigation in connection with your account.
ADDITIONAL TERMS
4. Additional Terms
4.1 Term and Termination
This Platform Agreement is effective when you start an application for a Lenkie Account and continues until terminated by either you or us, or as otherwise set forth in this Platform Agreement.
Sections 1.5 (Security and Monitoring your Lenkie Account), 1.10 (Data and Privacy), 1.12 (Beta Services), 1.13 (Feedback), 4.1 (Term and Termination), 4.2 (Notice and User Notifications), 4.3 (Limitation of Liability), 4.5 (Disclaimer of Warranties by Lenkie), 4.6 (Indemnification), 4.7 (Governing Law), 4.8 (Binding Arbitration), 4.9 (Legal Process), and 4.10 (Assignment); the provisions of the Finance Agreements that identify continuing obligations; and any other provisions of this Agreement giving rise to continued obligations of the parties will survive termination of this Platform Agreement.
ADDITIONAL TERMS
4. Additional Terms
4.1 Term and Termination
This Platform Agreement is effective when you start an application for a Lenkie Account and continues until terminated by either you or us, or as otherwise set forth in this Platform Agreement.
Sections 1.5 (Security and Monitoring your Lenkie Account), 1.10 (Data and Privacy), 1.12 (Beta Services), 1.13 (Feedback), 4.1 (Term and Termination), 4.2 (Notice and User Notifications), 4.3 (Limitation of Liability), 4.5 (Disclaimer of Warranties by Lenkie), 4.6 (Indemnification), 4.7 (Governing Law), 4.8 (Binding Arbitration), 4.9 (Legal Process), and 4.10 (Assignment); the provisions of the Finance Agreements that identify continuing obligations; and any other provisions of this Agreement giving rise to continued obligations of the parties will survive termination of this Platform Agreement.
4.2 Notice and User Notifications
By registering for a Lenkie Account, you agree that such registration constitutes your electronic signature, and you consent to us providing Notices to you and User Notifications to Users, including in each case those required by law, and you shall ensure that all Users consent to receiving User Notifications, electronically. You understand that this consent has the same legal effect as a physical signature.
Our Notices to you will be effective if provided to an Administrator, and User Notifications will be effective if provided to the applicable User, in each case electronically through the Services, via email, or (except as provided below) via SMS to the contact information provided to us by the Administrators or the User, as applicable; provided that any required Notice of any material change to or amendment of this Agreement under Section 4.12 will be provided via email to an Administrator.
Notices and User Notifications will be deemed to be received 24 hours after they are sent, provided that Notices or User Notifications captioned or otherwise designated as "URGENT" or "READ IMMEDIATELY" will be deemed to be received when sent. You understand that you may not use the Services unless you consent to receive Notices and all Users consent to receive User Notifications electronically as provided herein. Consent to receive Notices or User Notifications electronically may be withdrawn only by closing your Lenkie Account.
Notices and User Notifications may include alerts about Services or Charges and may provide Users the ability to respond with information about your Lenkie Account. Users may elect to not receive certain Notices or User Notifications through the Lenkie Account, but this will limit the use of certain Services and may increase the financial risks to the Company. The Company warrants that it will secure appropriate authorization from Users to send SMS messages to Users on the Company's behalf.
We will request additional consent to send Administrators and Users SMS messages where required. Administrators or Users may cancel SMS messaging at any time by texting "STOP" to the short code. After an Administrator or User sends the SMS message "STOP" to us, we will send such Administrator or User an SMS message to confirm that such Administrator or User has been unsubscribed from receiving SMS messages. After this, such Administrator or User will no longer receive SMS messages from us. Such Administrator or User may resume receiving text messages by providing authorization via the Services and we will start sending SMS messages to you or the User again. If you are experiencing issues with the messaging program you can reply to the Lenkie short code with the keyword HELP for more assistance, or you can get help directly at hello@lenkie.com. Carriers are not liable for delayed or undelivered messages. As always, message and data rates may apply for any messages sent to you from us and to us from you. You can alter your communication preferences by emailing hello@lenkie.com . If you have any questions about your text plan or data plan, it is best to contact your provider. If you have any questions regarding privacy, please read our Privacy Policy.
Users are responsible for all costs imposed by Internet or mobile service providers for sending or receiving Notices electronically. You acknowledge that you are solely responsible for ensuring that no Notices are blocked or delayed by any spam filter or otherwise.
Notify us immediately if you are or believe you are having problems receiving Notices.
4.2 Notice and User Notifications
By registering for a Lenkie Account, you agree that such registration constitutes your electronic signature, and you consent to us providing Notices to you and User Notifications to Users, including in each case those required by law, and you shall ensure that all Users consent to receiving User Notifications, electronically. You understand that this consent has the same legal effect as a physical signature.
Our Notices to you will be effective if provided to an Administrator, and User Notifications will be effective if provided to the applicable User, in each case electronically through the Services, via email, or (except as provided below) via SMS to the contact information provided to us by the Administrators or the User, as applicable; provided that any required Notice of any material change to or amendment of this Agreement under Section 4.12 will be provided via email to an Administrator.
Notices and User Notifications will be deemed to be received 24 hours after they are sent, provided that Notices or User Notifications captioned or otherwise designated as "URGENT" or "READ IMMEDIATELY" will be deemed to be received when sent. You understand that you may not use the Services unless you consent to receive Notices and all Users consent to receive User Notifications electronically as provided herein. Consent to receive Notices or User Notifications electronically may be withdrawn only by closing your Lenkie Account.
Notices and User Notifications may include alerts about Services or Charges and may provide Users the ability to respond with information about your Lenkie Account. Users may elect to not receive certain Notices or User Notifications through the Lenkie Account, but this will limit the use of certain Services and may increase the financial risks to the Company. The Company warrants that it will secure appropriate authorization from Users to send SMS messages to Users on the Company's behalf.
We will request additional consent to send Administrators and Users SMS messages where required. Administrators or Users may cancel SMS messaging at any time by texting "STOP" to the short code. After an Administrator or User sends the SMS message "STOP" to us, we will send such Administrator or User an SMS message to confirm that such Administrator or User has been unsubscribed from receiving SMS messages. After this, such Administrator or User will no longer receive SMS messages from us. Such Administrator or User may resume receiving text messages by providing authorization via the Services and we will start sending SMS messages to you or the User again. If you are experiencing issues with the messaging program you can reply to the Lenkie short code with the keyword HELP for more assistance, or you can get help directly at hello@lenkie.com. Carriers are not liable for delayed or undelivered messages. As always, message and data rates may apply for any messages sent to you from us and to us from you. You can alter your communication preferences by emailing hello@lenkie.com . If you have any questions about your text plan or data plan, it is best to contact your provider. If you have any questions regarding privacy, please read our Privacy Policy.
Users are responsible for all costs imposed by Internet or mobile service providers for sending or receiving Notices electronically. You acknowledge that you are solely responsible for ensuring that no Notices are blocked or delayed by any spam filter or otherwise.
Notify us immediately if you are or believe you are having problems receiving Notices.
4.3 Limitation of Liability
Lenkie is not liable to you for consequential, indirect, special, exemplary, or punitive damages, lost profits, damage attributable to reputational harm, physical injury or property damage, or lost revenue arising from or related to this Agreement or to the Services, including your use of or inability to use Services, whether or not we were advised of their possibility by you or third parties. Our aggregate liability to you under this Platform Agreement for all claims is limited to the greater of the total amount of Fees actually paid by you to Lenkie in the three months preceding the event that is the basis of your claim or £10,000. These limitations apply regardless of the legal theory on which your claim is based.
4.3 Limitation of Liability
Lenkie is not liable to you for consequential, indirect, special, exemplary, or punitive damages, lost profits, damage attributable to reputational harm, physical injury or property damage, or lost revenue arising from or related to this Agreement or to the Services, including your use of or inability to use Services, whether or not we were advised of their possibility by you or third parties. Our aggregate liability to you under this Platform Agreement for all claims is limited to the greater of the total amount of Fees actually paid by you to Lenkie in the three months preceding the event that is the basis of your claim or £10,000. These limitations apply regardless of the legal theory on which your claim is based.
4.4 Representations and Warranties
In addition to other representations and warranties provided by You in this Agreement, You represent and warrant that (a) Company is and will continuously throughout this Platform Agreement be duly organised and in good standing under the laws of its jurisdiction of incorporation, (b) Administrators have requisite organisational power and authority to conduct business on and manage Company's Lenkie Account in all respects, including delegating access or authority to other Users, and Company has irrevocably authorised each and every action taken by any Administrator that relates to this Agreement, the Services, any Third Party Services, (c) you are opening an account on behalf of a Company organised and registered in the United Kingdom and that you are not opening an account as a consumer, sole proprietor, or unincorporated partnership, (d) you and Users will not engage in activities prohibited by this Platform Agreement, and (e) all Company Data and Personal Data provided to Lenkie is and shall be complete, accurate, and current.
4.4 Representations and Warranties
In addition to other representations and warranties provided by You in this Agreement, You represent and warrant that (a) Company is and will continuously throughout this Platform Agreement be duly organised and in good standing under the laws of its jurisdiction of incorporation, (b) Administrators have requisite organisational power and authority to conduct business on and manage Company's Lenkie Account in all respects, including delegating access or authority to other Users, and Company has irrevocably authorised each and every action taken by any Administrator that relates to this Agreement, the Services, any Third Party Services, (c) you are opening an account on behalf of a Company organised and registered in the United Kingdom and that you are not opening an account as a consumer, sole proprietor, or unincorporated partnership, (d) you and Users will not engage in activities prohibited by this Platform Agreement, and (e) all Company Data and Personal Data provided to Lenkie is and shall be complete, accurate, and current.
4.5 Disclaimer of Warranties by Lenkie
THE SERVICES, LENKIE PROPERTY ARE PROVIDED TO YOU AS IS AND AS AVAILABLE. LENKIE DISCLAIMS ALL EXPRESS, IMPLIED, OR STATUTORY WARRANTIES, AND YOU ACKNOWLEDGE THAT NO LENKIE PERSONNEL ARE AUTHORISED TO PROVIDE ANY SUCH WARRANTY (EXCEPT IN A WRITTEN DOCUMENT IDENTIFIED AS AN AMENDMENT TO THIS AGREEMENT AND EXECUTED BY AN AUTHORISED REPRESENTATIVE OF LENKIE AND AN AUTHORISED REPRESENTATIVE OF CUSTOMER).
THIRD-PARTY SERVICES ARE NOT PROVIDED, CONTROLLED, RECOMMENDED OR ENDORSED BY LENKIE. LENKIE DOES NOT PROVIDE SUPPORT FOR AND DISCLAIMS ALL LIABILITY ARISING FROM FAILURES OR LOSSES CAUSED BY OR RELATING TO THIRD-PARTY SERVICES.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU ASSUME ALL RISKS ASSOCIATED WITH ANY FAILURE OF ANY: (A) SERVICES OR DATA PROVIDED UNDER THIS PLATFORM AGREEMENT TO BE ACCURATE AND ERROR-FREE; (B) SERVICES TO MEET YOUR SPECIFIC NEEDS OR REQUIREMENTS; (C) SERVICES TO BE USABLE BY COMPANY OR USERS AT ANY PARTICULAR TIME; (D) SERVICES TO OPERATE WITHOUT INTERRUPTION OR ERROR; (E) THIRD-PARTY SERVICES TO OPERATE WITHOUT INTERRUPTION OR ERROR; (F) DATA TRANSMITTED THROUGH THE SERVICES OR THIRD-PARTY SERVICES TO BE ACCURATE, ERROR-FREE, OR NON-INFRINGING; AND (G) THIRD-PARTY SERVICES TO COMPLY WITH THIS PLATFORM AGREEMENT OR APPLICABLE LAW.
4.5 Disclaimer of Warranties by Lenkie
THE SERVICES, LENKIE PROPERTY ARE PROVIDED TO YOU AS IS AND AS AVAILABLE. LENKIE DISCLAIMS ALL EXPRESS, IMPLIED, OR STATUTORY WARRANTIES, AND YOU ACKNOWLEDGE THAT NO LENKIE PERSONNEL ARE AUTHORISED TO PROVIDE ANY SUCH WARRANTY (EXCEPT IN A WRITTEN DOCUMENT IDENTIFIED AS AN AMENDMENT TO THIS AGREEMENT AND EXECUTED BY AN AUTHORISED REPRESENTATIVE OF LENKIE AND AN AUTHORISED REPRESENTATIVE OF CUSTOMER).
THIRD-PARTY SERVICES ARE NOT PROVIDED, CONTROLLED, RECOMMENDED OR ENDORSED BY LENKIE. LENKIE DOES NOT PROVIDE SUPPORT FOR AND DISCLAIMS ALL LIABILITY ARISING FROM FAILURES OR LOSSES CAUSED BY OR RELATING TO THIRD-PARTY SERVICES.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU ASSUME ALL RISKS ASSOCIATED WITH ANY FAILURE OF ANY: (A) SERVICES OR DATA PROVIDED UNDER THIS PLATFORM AGREEMENT TO BE ACCURATE AND ERROR-FREE; (B) SERVICES TO MEET YOUR SPECIFIC NEEDS OR REQUIREMENTS; (C) SERVICES TO BE USABLE BY COMPANY OR USERS AT ANY PARTICULAR TIME; (D) SERVICES TO OPERATE WITHOUT INTERRUPTION OR ERROR; (E) THIRD-PARTY SERVICES TO OPERATE WITHOUT INTERRUPTION OR ERROR; (F) DATA TRANSMITTED THROUGH THE SERVICES OR THIRD-PARTY SERVICES TO BE ACCURATE, ERROR-FREE, OR NON-INFRINGING; AND (G) THIRD-PARTY SERVICES TO COMPLY WITH THIS PLATFORM AGREEMENT OR APPLICABLE LAW.
4.6 Indemnification
You will indemnify, defend, and hold harmless Lenkie, Payment Partner, and our respective employees, agents, representatives, successors, and assigns from and against any and all third-party actions, proceedings, claims, damages, liabilities, judgments, awards, costs, losses, expenses, and reasonable legal fees and expenses (“Claims”) to the extent caused by your violation of any laws or any provision of this Platform Agreement.
You will not enter into any settlement or compromise of any such Claims without Lenkie’s prior written consent.
4.6 Indemnification
You will indemnify, defend, and hold harmless Lenkie, Payment Partner, and our respective employees, agents, representatives, successors, and assigns from and against any and all third-party actions, proceedings, claims, damages, liabilities, judgments, awards, costs, losses, expenses, and reasonable legal fees and expenses (“Claims”) to the extent caused by your violation of any laws or any provision of this Platform Agreement.
You will not enter into any settlement or compromise of any such Claims without Lenkie’s prior written consent.
4.7 Governing Law
This Agreement and any non-contractual obligations arising out of or in connection with this Agreement and any claim or dispute in relation to their formation shall be governed by and construed in accordance with the laws of England and the parties hereby irrevocably submit to the exclusive jurisdiction of the courts of England.
4.7 Governing Law
This Agreement and any non-contractual obligations arising out of or in connection with this Agreement and any claim or dispute in relation to their formation shall be governed by and construed in accordance with the laws of England and the parties hereby irrevocably submit to the exclusive jurisdiction of the courts of England.
4.8 Binding Arbitration
You and Lenkie agree that any dispute arising out of or relating to this Agreement or the Services shall be finally resolved by binding arbitration in the United Kingdom as provided herein.
4.8 Binding Arbitration
You and Lenkie agree that any dispute arising out of or relating to this Agreement or the Services shall be finally resolved by binding arbitration in the United Kingdom as provided herein.
4.9 Legal Process
Nothing in this Platform Agreement limits Lenkie’s rights to comply with any applicable law, regulation, legal process, or governmental request; nor does this Platform Agreement impose any obligation on Lenkie to contest or appeal any such law, regulation, legal process, or governmental request.
4.9 Legal Process
Nothing in this Platform Agreement limits Lenkie’s rights to comply with any applicable law, regulation, legal process, or governmental request; nor does this Platform Agreement impose any obligation on Lenkie to contest or appeal any such law, regulation, legal process, or governmental request.
4.10 Assignment
We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens. You must not transfer your rights or your obligations under these Terms to another person or entity unless we give you prior written consent.
4.10 Assignment
We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens. You must not transfer your rights or your obligations under these Terms to another person or entity unless we give you prior written consent.
4.10 Assignment
We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens. You must not transfer your rights or your obligations under these Terms to another person or entity unless we give you prior written consent.
4.10 Assignment
We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens. You must not transfer your rights or your obligations under these Terms to another person or entity unless we give you prior written consent.
Definitions
For the purposes of this Agreement, the following terms shall have the meanings specified below:
Agreement: Refers to the entire Platform Agreement, including these Terms of Service, any additional terms referenced herein, and any other agreements or documents incorporated by reference.
Administrator: A director of the Company nominated to act as the account administrator, having the requisite organisational power and authority to conduct business on and manage the Company’s Lenkie Account.
Charges and Fees: All amounts owed by you to Lenkie, including but not limited to loan fees, transaction fees, and any other costs or expenses incurred through the use of the Lenkie Services.
Company: A registered limited company duly incorporated or formed under the laws of England and Wales, which is validly existing, and has full power to carry on its business as now being conducted.
Company Data: All data related to the Company provided to Lenkie, including but not limited to registration information, transaction data, and other information necessary for the provision of Lenkie Services.
Commencement Date: The date when you confirmed your acceptance of the Terms by clicking on the link or button stating ‘accept terms’ or similar wording.
De-Identified Data: Data that has been processed to remove or obscure personal identifiers, making it no longer identifiable to a specific individual.
Feedback: Any suggestions, comments, or other feedback provided by the Company or its Users regarding the Lenkie Services or Platform.
Financing Terms: Specific terms and conditions applicable to the Lenkie Financing service, as outlined in Section 2.
KYC: Know Your Customer, a process involving risk-based due diligence checks required under anti-money laundering and know your customer legislation.
Lenkie Account: The account established for the Company through which it manages its financing and payments via the Lenkie Platform.
Lenkie Platform: The application and related services provided by Lenkie for access through the Lenkie website, or any other method as provided by Lenkie from time to time.
Lenkie Payments: A service enabling the payment of invoices to suppliers registered in the UK or internationally.
Lenkie Property: All intellectual property owned by Lenkie and its licensors, including but not limited to software, trademarks, and other proprietary information.
Lenkie Services: Collectively refers to Lenkie Payments and Lenkie Financing services.
Linked Bank Account: A bank account linked to the Lenkie Account, designated for the automatic debiting of Charges and Fees.
Nominated Bank Account: The specific bank account nominated by the Company to be automatically debited as per each individual Finance Agreement.
Notices: Official communications from Lenkie to the Company or Users, including those required by law, provided electronically through the Services, via email, or via SMS.
Payment Partner: Financial institutions partnered with Lenkie to provide payment processing services.
Personal Data: Information relating to an identified or identifiable individual collected through the use of Lenkie Services and Third-Party Services.
Platform Agreement: The overarching agreement including these Terms of Service and any additional terms or agreements referenced or incorporated herein.
Services: The Lenkie Services provided through the Lenkie Platform, including Lenkie Payments and Lenkie Financing, and any additional services offered by Lenkie from time to time.
Supplier: A business or individual to whom the Company makes payments for goods or services through the Lenkie Platform.
Third Party Providers: External companies or entities that provide certain services in conjunction with Lenkie Services, including Airwallex Ltd and Truelayer Limited, and any other providers Lenkie may use from time to time.
User: An individual authorised by the Company to use the Lenkie Services and access certain functionalities of the Lenkie Account.
User Notifications: Communications sent by Lenkie to Users, including alerts about Services or Charges, provided electronically through the Services, via email, or via SMS.
You or Your: Refers to the Company and its authorised Users accessing or using the Lenkie Services.
Definitions
For the purposes of this Agreement, the following terms shall have the meanings specified below:
Agreement: Refers to the entire Platform Agreement, including these Terms of Service, any additional terms referenced herein, and any other agreements or documents incorporated by reference.
Administrator: A director of the Company nominated to act as the account administrator, having the requisite organisational power and authority to conduct business on and manage the Company’s Lenkie Account.
Charges and Fees: All amounts owed by you to Lenkie, including but not limited to loan fees, transaction fees, and any other costs or expenses incurred through the use of the Lenkie Services.
Company: A registered limited company duly incorporated or formed under the laws of England and Wales, which is validly existing, and has full power to carry on its business as now being conducted.
Company Data: All data related to the Company provided to Lenkie, including but not limited to registration information, transaction data, and other information necessary for the provision of Lenkie Services.
Commencement Date: The date when you confirmed your acceptance of the Terms by clicking on the link or button stating ‘accept terms’ or similar wording.
De-Identified Data: Data that has been processed to remove or obscure personal identifiers, making it no longer identifiable to a specific individual.
Feedback: Any suggestions, comments, or other feedback provided by the Company or its Users regarding the Lenkie Services or Platform.
Financing Terms: Specific terms and conditions applicable to the Lenkie Financing service, as outlined in Section 2.
KYC: Know Your Customer, a process involving risk-based due diligence checks required under anti-money laundering and know your customer legislation.
Lenkie Account: The account established for the Company through which it manages its financing and payments via the Lenkie Platform.
Lenkie Platform: The application and related services provided by Lenkie for access through the Lenkie website, or any other method as provided by Lenkie from time to time.
Lenkie Payments: A service enabling the payment of invoices to suppliers registered in the UK or internationally.
Lenkie Property: All intellectual property owned by Lenkie and its licensors, including but not limited to software, trademarks, and other proprietary information.
Lenkie Services: Collectively refers to Lenkie Payments and Lenkie Financing services.
Linked Bank Account: A bank account linked to the Lenkie Account, designated for the automatic debiting of Charges and Fees.
Nominated Bank Account: The specific bank account nominated by the Company to be automatically debited as per each individual Finance Agreement.
Notices: Official communications from Lenkie to the Company or Users, including those required by law, provided electronically through the Services, via email, or via SMS.
Payment Partner: Financial institutions partnered with Lenkie to provide payment processing services.
Personal Data: Information relating to an identified or identifiable individual collected through the use of Lenkie Services and Third-Party Services.
Platform Agreement: The overarching agreement including these Terms of Service and any additional terms or agreements referenced or incorporated herein.
Services: The Lenkie Services provided through the Lenkie Platform, including Lenkie Payments and Lenkie Financing, and any additional services offered by Lenkie from time to time.
Supplier: A business or individual to whom the Company makes payments for goods or services through the Lenkie Platform.
Third Party Providers: External companies or entities that provide certain services in conjunction with Lenkie Services, including Airwallex Ltd and Truelayer Limited, and any other providers Lenkie may use from time to time.
User: An individual authorised by the Company to use the Lenkie Services and access certain functionalities of the Lenkie Account.
User Notifications: Communications sent by Lenkie to Users, including alerts about Services or Charges, provided electronically through the Services, via email, or via SMS.
You or Your: Refers to the Company and its authorised Users accessing or using the Lenkie Services.
Definitions
For the purposes of this Agreement, the following terms shall have the meanings specified below:
Agreement: Refers to the entire Platform Agreement, including these Terms of Service, any additional terms referenced herein, and any other agreements or documents incorporated by reference.
Administrator: A director of the Company nominated to act as the account administrator, having the requisite organisational power and authority to conduct business on and manage the Company’s Lenkie Account.
Charges and Fees: All amounts owed by you to Lenkie, including but not limited to loan fees, transaction fees, and any other costs or expenses incurred through the use of the Lenkie Services.
Company: A registered limited company duly incorporated or formed under the laws of England and Wales, which is validly existing, and has full power to carry on its business as now being conducted.
Company Data: All data related to the Company provided to Lenkie, including but not limited to registration information, transaction data, and other information necessary for the provision of Lenkie Services.
Commencement Date: The date when you confirmed your acceptance of the Terms by clicking on the link or button stating ‘accept terms’ or similar wording.
De-Identified Data: Data that has been processed to remove or obscure personal identifiers, making it no longer identifiable to a specific individual.
Feedback: Any suggestions, comments, or other feedback provided by the Company or its Users regarding the Lenkie Services or Platform.
Financing Terms: Specific terms and conditions applicable to the Lenkie Financing service, as outlined in Section 2.
KYC: Know Your Customer, a process involving risk-based due diligence checks required under anti-money laundering and know your customer legislation.
Lenkie Account: The account established for the Company through which it manages its financing and payments via the Lenkie Platform.
Lenkie Platform: The application and related services provided by Lenkie for access through the Lenkie website, or any other method as provided by Lenkie from time to time.
Lenkie Payments: A service enabling the payment of invoices to suppliers registered in the UK or internationally.
Lenkie Property: All intellectual property owned by Lenkie and its licensors, including but not limited to software, trademarks, and other proprietary information.
Lenkie Services: Collectively refers to Lenkie Payments and Lenkie Financing services.
Linked Bank Account: A bank account linked to the Lenkie Account, designated for the automatic debiting of Charges and Fees.
Nominated Bank Account: The specific bank account nominated by the Company to be automatically debited as per each individual Finance Agreement.
Notices: Official communications from Lenkie to the Company or Users, including those required by law, provided electronically through the Services, via email, or via SMS.
Payment Partner: Financial institutions partnered with Lenkie to provide payment processing services.
Personal Data: Information relating to an identified or identifiable individual collected through the use of Lenkie Services and Third-Party Services.
Platform Agreement: The overarching agreement including these Terms of Service and any additional terms or agreements referenced or incorporated herein.
Services: The Lenkie Services provided through the Lenkie Platform, including Lenkie Payments and Lenkie Financing, and any additional services offered by Lenkie from time to time.
Supplier: A business or individual to whom the Company makes payments for goods or services through the Lenkie Platform.
Third Party Providers: External companies or entities that provide certain services in conjunction with Lenkie Services, including Airwallex Ltd and Truelayer Limited, and any other providers Lenkie may use from time to time.
User: An individual authorised by the Company to use the Lenkie Services and access certain functionalities of the Lenkie Account.
User Notifications: Communications sent by Lenkie to Users, including alerts about Services or Charges, provided electronically through the Services, via email, or via SMS.
You or Your: Refers to the Company and its authorised Users accessing or using the Lenkie Services.
© 2024 Lenkie technologies. All rights reserved.
© 2024 Lenkie technologies. All rights reserved.
© 2024 Lenkie technologies. All rights reserved.