Terms of Use

Last updated: December 6, 2021

The following terms of use, together with any documents and/or additional terms they expressly incorporate by reference (collectively, the “Terms of Use”) govern your access to and use of: (a) our website available at https://www.betterwithbenji.com/ and mobile application, including any content and functionality (collectively, the “Benji Site”); (b) any text, pictures, media, data, information, materials and other content (collectively, the “Content”) contained on or provided through (a); and (c) all other products or services provided by us to you, including Benji Financial and Benji Tax (each defined below) on or through the Benji Site (collectively, the “Offering(s)”). References in these Terms of Use to the Benji Site will include where applicable the Content and the Offerings.

These Terms of Use form an agreement between Benji Technologies Inc. (“Benji”, “us”, “we”, “our”) and you. The term “you” or “Member” refers to the person or entity browsing, installing, downloading, accessing or otherwise using the Benji Site (“use” or “using” in these Terms of Use will mean any of the foregoing).

BY USING THE BENJI SITE IN ANY WAY, INCLUDING ENROLLING IN OR PURCHASING ANY OFFERINGS WE SELL ON THE BENJI SITE, YOU: (A) REPRESENT AND WARRANT THAT (I) YOU HAVE REACHED THE LEGAL AGE OF MAJORITY IN YOUR JURISDICTION, (II) YOU HAVE THE CAPACITY TO ENTER INTO BINDING OBLIGATIONS, AND (III) ALL INFORMATION SUPPLIED BY YOU TO US THROUGH THE BENJI SITE IS TRUE, ACCURATE, CURRENT, AND COMPLETE; AND (B) AGREE TO BE BOUND BY AND COMPLY WITH THESE TERMS OF USE, AS UPDATED FROM TIME TO TIME IN ACCORDANCE WITH SECTION 1. IF YOU DO NOT AGREE TO THESE TERMS OF USE YOU MUST NOT ACCESS OR USE BENJI SITE.

IF YOU ARE USING THE BENJI SITE ON BEHALF OF ANOTHER PERSON OR A CORPORATE ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND SUCH PERSON OR ENTITY TO THESE TERMS OF USE.

These Terms of Use do not alter in any way the terms or conditions of any other agreement you may have with us in respect of any Offerings.

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.

  • Changes to these Terms of Use and the Benji Site
    • We reserve the right, in our sole discretion, to change any element of these Terms of Use at any time. When we change these Terms of Use, we will: (i) place a notice on the Benji Site or notify you by some other means; (ii) post a new version of the Terms of Use to the Benji Site; and (iii) update the “Last Updated” date at the top of these Terms of Use. If you do not agree to any change(s) after receiving a notice of such change(s), you must stop using the Benji Site. Otherwise, your continued access to or use of the Benji Site after any changes to these Terms of Use indicates your acceptance of such changes.
    • We reserve the right to change the Benji Site at any time, without notice. We may, at our discretion, suspend your access to or use of the Benji Site or any component thereof: (i) for scheduled maintenance; (ii) if you violate any provision of these Terms of Use; or (iii) to address any emergency security concerns. You may need to update third-party software from time to time in order to use the Benji Site.
  • 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).
    • Benji is entitled to act on instructions received through your account. Benji is not responsible for any actions taken or transactions made to or from your account by any other party using your Member ID. You are solely responsible for any and all use of your Member ID and all actions and activities that occur under or in connection with the Member ID. Without limiting any rights which we may otherwise have, we reserve the right to take any and all action, as we deem necessary or reasonable, to ensure the security of the Benji Site and your account, including without limitation terminating your account, changing your password, or requesting additional information to authorize transactions on your account. You agree to be responsible for any act or omission of any users that access the Benji Site under your Member ID that, if undertaken by you, would be deemed a violation of these Terms of Use.
  • 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”).
    • Members of the Benji Site may enroll in Benji Financial and/or Benji Tax at the their election and will be required to enter into an agreement with Benji governing the terms and conditions of using either of the Offerings (a “Customer Agreement”). These Terms of Use will govern enrollment in Benji Financial and/or Benji Tax through the Benji Site (such enrollment in either Offering, the “Enrollment” ). When you complete the Enrollment process through the Benji Site, we will confirm your address by sending an email to the email address you have provided to verify your Enrollment. Your Enrollment through the Benji Site is an offer to enroll in and purchase the services offered through Benji Financial and/or Benji Tax and we may accept your Enrollment by providing an electronic or other form of acceptance which expressly states our acceptance of your Enrollment. We may require additional verifications or information before accepting any Enrollment. For any reason, we may decline to accept your Enrollment. If we decline to accept your Enrollment, we will attempt to notify you at the email address you provided.
    • 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.
    • Please review our current privacy policy, available at https://www.betterwithbenji.com/legal/privacy (“Privacy Policy”), which contains important information about our practices in Handling information about identifiable individuals (“Personal Information”), and which is hereby incorporated into and forms a part of these Terms of Use. The term “Handle” means to access, receive, collect, use, transmit, store, process, record, disclose, transfer, retain, dispose of, destroy, manage or otherwise handle.
    • We reserve the right to remove, edit, limit, or block access to the Member Data at any time and from time to time, and to disable or terminate your account, any username, password, or other identifier, whether chosen by you or provided by us, in our sole discretion for any or no reason, including any violation of any provision of these Terms of Use. We have no obligation to review your Member Data.
    • You represent and warrant to us that: (i) your Member Data will only contain your own Personal Information or Personal Information in respect of which you have provided all necessary notices and disclosures, obtained all applicable third party consents and permissions and otherwise have all authority, in each case as required by applicable laws, to enable us to make available the Benji Site and Handle the Member Data as contemplated under these Terms of Use; (ii) you own or control the appropriate rights in and to your Member Data, including any intellectual property owned by third parties; and (iii) you will not submit, upload, or otherwise make available via the Benji Site, any Member Data that: (A) you do not have the rights necessary to use, transmit, publish, or to grant us the license as described herein; (B) infringe, misappropriate, or otherwise violate any intellectual property, publicity or other rights of any third party; or (C) breach or violate any applicable laws or these Terms of Use.
  • 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

    You acknowledge that Benji may from time to time issue updated or upgraded versions of the Benji Site, and may (subject to your device settings) automatically electronically update or upgrade the version of the Benji Site that you are then currently using on your browser. You consent to receive updates or upgrades to the Benji Site automatically without providing further consent each time. The Benji Site (including any updates or upgrades) may: (i) cause your device to automatically communicate with our servers to deliver the functionality described in the Benji Site description or through new features as they are introduced, and to record usage metrics; (ii) affect preferences or data stored on your device; and (iii) collect personal information as set out in our Privacy Policy. We are not responsible if an update or upgrade affects how the Benji Site works if this is caused by your own equipment or device not supporting the update or upgrade. You can withdraw consent at any time under certain conditions by contacting us at support@betterwithbenji.com.

  • Ownership of and License to the Benji Site
    • Neither these Terms of Use nor your use of the Benji Site grants you ownership in the Benji Site. These Terms of Use do not grant you any right to use any Content, including Benji’s trademarks, graphics, logos and other commercial symbols or brand elements. All right, title and interest, including intellectual property rights, in and to the Benji Site, including any updates, adaptations, translations, customizations or derivative works thereof, will remain the sole property of Benji (or our third-party suppliers, if applicable). Subject to these Terms of Use, we grant you a non-exclusive, non-transferable, non-sublicensable and revocable license during the Term to use the Benji Site. If applicable, you may allow employees or contractors, as approved by Benji under this Terms of Use, authorized by you, to access and use the Benji Site on your behalf (“Authorized User”). The Benji Site and all materials provided by us hereunder are made available or licensed and not “sold” to you. All rights not expressly granted to you in these Terms of Use are reserved by Benji.
    • 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.
    • Any use of third party software provided in connection with the Benji Site will be governed by such third parties’ licenses and not by these Terms of Use.
    • 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 access to and use of certain functionalities provided in or through the Benji Site may be subject to additional terms and conditions presented to you by Benji or its service providers, including the Customer Agreement and, if applicable, the Contract. Such additional terms and conditions are incorporated herein by reference and you agree to comply with such additional terms and conditions at all times. If there is a conflict or inconsistency between the terms and conditions of such additional terms and these Terms of Use, then the provisions of these Terms of Use will govern to the extent of such conflict or inconsistency, unless the conflicting term in the additional terms expressly states that the conflicting term in these Terms of Use do not apply. If you do not accept and agree to such additional terms and conditions, you may not be able to, and you should not, access or use those functionalities.

  • 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

    You will not use the Benji Site in violation of these Terms of Use or of any applicable law. You will not, without our prior written permission, use the Benji Site for any purpose other than to access and use the Benji Site in accordance with these Terms of Use. Without limiting the generality of the foregoing, you will not (and will not attempt to,) directly or indirectly: (a) disable or interfere in any way with servers or networks connected to the Benji Site; (b) attempt to gain unauthorized access to the Benji Site; (c) transmit or communicate in any way on the Benji Site any data, information, media or any other materials or content that: (i) contains any computer viruses, worms, malicious code, or any software intended to damage or alter a computer system or data; (ii) you do not have the lawful right to send, upload, collect, transmit, store, use, post, publish, or otherwise communicate; (iii) is false, inaccurate, intentionally misleading, or impersonates any other person; (iv) gives the impression that it originates from or is endorsed by us or any other person or entity, if that is not the case; (v) is libelous, slanderous, defamatory, bullying, harassing, abusive, threatening, vulgar, exploitative, obscene, harmful, sexually explicit, inflammatory, offensive or discriminatory in any way or is otherwise objectionable, such determination to be made in Benji’s sole discretion; (vi) is harmful to minors in any way or targeted at minors; (vii) infringes, violates or otherwise misappropriates the intellectual property or other rights of any third party; (viii) violates, or encourages any conduct that may violate, any applicable laws or would give rise to civil or criminal liability; or (ix) discloses or provides information protected under any law, agreement or fiduciary relationship, including proprietary or confidential information of others; (d) use any data mining, robots, or similar data gathering or extraction methods, or copy, modify, reverse engineer, reverse assemble, disassemble, or decompile the Benji Site or any part thereof or otherwise attempt to discover any source code; use the Benji Site for the purpose of building a similar or competitive offering; (e) violate the terms of use of any third party website that is linked to the Benji Site; (f) impersonate Benji or any other person or entity; (g) encourage any other conduct that restricts or inhibits anyone’s use or enjoyment of the Benji Site, or which, as determined by us, may harm Benji or users of the Benji Site or expose them to liability; (h) promote any illegal activity or advocate, promote, or assist any unlawful act; (i) use the Content to do any targeted advertising; (j) publish or in any way distribute the Content; (k) provide access to an account designated for you to another person; (l) reidentify the Content to associate the Content with an individual or specific mobile device by using any method, including merging external data with the Content, or use the Content to attempt to identify the behaviour of a known individual for any reason; (m) copy or store any significant portion of the Content; (n) cause annoyance, inconvenience, or needless anxiety or use the Benji Site in a manner that is likely to upset, embarrass, or alarm any other person; (o) mirror or frame the Benji Site or any Content, place pop-up windows over its pages, or otherwise affect the display of its pages; (p) if applicable, use the Benji Site other than for the benefit of the Customer that has entered into an agreement to access the Benji Site and who has granted you a right of access; or (q) authorize, permit, enable, induce or encourage any third party to do any of the above.

  • 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.

  • Feedback

    You agree that any suggestion, feedback or idea provided by you (collectively, “Feedback”) will not be treated as confidential, and nothing in these Terms of Use or otherwise will restrict our right to use, profit from, disclose, publish or otherwise exploit any Feedback, without compensation to you and without any obligation to you. You grant to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns, a fully paid up, perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sublicensable right and license to use, license, distribute, reproduce, modify, adapt, translate, distribute, publicly perform, publicly display, import, sell, offer for sale, make, have made, derive revenue or other remuneration from, and otherwise exploit and disclose to third parties the Feedback in any form, media, or technology, whether now known or hereafter developed, and to allow others to do the same. This is true whether you provide the Feedback on the Benji Site or through any other method of communication with us, unless we have entered into a separate agreement with you that provides otherwise. You will not have any claim, including, without limitation, claims based upon invasion of privacy, defamation or right of publicity, arising out of any use, alteration, blurring, distortion or use in composite form of any Feedback. You hereby waive, and you agree to waive, any moral and author’s rights (including attribution and integrity) that you may have in any Feedback, even if it is altered or changed in a manner not agreeable to you.

  • Third Party Content, Websites or Services
    • The Benji Site may provide or publish links or access to third party content, websites, or services. Likewise, we may allow you to access the Benji Site from third party systems. Benji does not represent that it has reviewed such third party websites and is not responsible for them or any content appearing on them. Trademarks displayed in conjunction with such third party content, websites, or services are the property of their respective owners. Benji does not endorse any third party content, websites, services, or systems, or guarantee or warrant their quality, durability, accuracy, reliability, completeness, currency, timeliness, non-infringement, merchantability, or fitness for any purpose. Third party content, websites, services, or systems are not under Benji’s control, and if you choose to access any such content, websites, or services, or to access the Benji Site from such systems, you do so entirely at your own risk. You acknowledge that you may be required to accept terms of use applicable to third party content, websites, services, or systems and agree to accept and comply with any such terms of use.
    • 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.

  • Disclaimer

    THE LAWS OF CERTAIN JURISDICTIONS, WHICH MAY INCLUDE QUEBEC, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN LEGAL WARRANTIES, CONDITIONS OR REPRESENTATIONS. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE EXCLUSIONS OR LIMITATIONS IN THESE TERMS OF USE (INCLUDING THE FOLLOWING DISCLAIMERS) MAY NOT APPLY AND YOU MAY HAVE ADDITIONAL RIGHTS. TO THE EXTENT THAT WE MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY IMPLIED WARRANTY OR CONDITION, THE SCOPE AND DURATION OF SUCH WARRANTY OR CONDITION WILL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW.

    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

    IN NO EVENT WILL WE OR OUR AFFILIATES OR OUR OR THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, LICENSEES AND SERVICES PROVIDERS AND ANY SUCCESSORS AND ASSIGNS OF THE FOREGOING (COLLECTIVELY WITH BENJI, THE “BENJI PARTIES”) BE LIABLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES; OR LOST PROFITS, LOSS OF USE, LOSS OF DATA, PERSONAL INJURY, FINES, FEES, PENALTIES OR OTHER LIABILITIES, IN EACH CASE, WHETHER OR NOT WE WERE ADVISED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM OR RELATED TO THE BENJI SITE OR THE INABILITY TO MAKE USE OF THE BENJI SITE, OR THESE TERMS OF USE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE BENJI SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE BENJI SITE.

    ‍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.

  • Indemnification

    You will defend, indemnify and hold harmless the Benji Parties from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including reasonable legal and accounting fees, arising out of or in connection with: (a) Your Member Data; (b) your breach of any provision of these Terms of Use or any documents referenced herein; (c) your violation of any law or the rights of a third party (including intellectual property rights); (d) any viruses, Trojan horses, worms, time bombs, spyware, malware, cancelbots or other similar harmful or deleterious programming routines input by you into the Benji Site; or (e) your use of the Benji Site or Offerings (except to the extent prohibited by law). Benji reserves the right, at its own cost, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defences. You agree that the provisions in this section will survive any termination of your account, the Terms of Use or your access to the Benji Site.

  • Term and Termination; Survival
    • These Terms of Use will commence on the day you first use the Benji Site and will remain in effect until terminated by either party in accordance with the provisions of these Terms of Use (the “Term”). We may terminate these Terms of Use at any time and with immediate effect by giving notice to you, at our discretion, by email (at your current email address on file with us) or through the Benji Site. You may terminate these Terms of Use at any time and with immediate effect by: (i) in the case of Benji Tax, requesting by email that your Member ID be deleted; (ii) in the case of Benji Financial, by deleting your Member ID by logging into the Benji Site using your Member ID; or (iii) in the case of either Benji Tax or Benji Financial, ceasing use of the Benji Site and uninstalling and deleting the Benji Site. For greater certainty, if you continue to use any portion of the Benji Site that is publicly available after these Terms of Use have been terminated, these Terms of Use will continue to apply to the extent of such use.
    • 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
    • Choice of Law. Except as restricted by applicable law, these Terms of Use will be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein without giving effect to any principles of conflicts of law and such laws apply to your access to or use of the Benji Site, notwithstanding your domicile, residency or physical location. You will only use the Benji Site in jurisdictions where the Benji Site may lawfully be used. Except as restricted by applicable law, you hereby consent to the exclusive jurisdiction and venue of courts in the City of Toronto, Ontario in all disputes arising out of or relating to the use of the Benji Site. The U.N. Convention on Contracts for the International Sale of Goods will not apply to these Terms of Use. This choice of jurisdiction does not prevent us from seeking injunctive relief with respect to a violation of intellectual property rights or confidentiality obligations in any appropriate jurisdiction.
    • Entire Agreement. These Terms of Use, including all terms and conditions incorporated by reference, constitute the entire agreement between you and us pertaining to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the Benji Site and Offerings. A printed version of these Terms of Use and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
    • Survival. The following Sections, together with any other provision of these Terms of Use which expressly or by its nature survives termination or expiration, or which contemplates performance or observance subsequent to termination or expiration of these Terms of Use, will survive expiration or termination of these Terms of Use for any reason: Sections 5 (Member Data and Privacy), 7 (Ownership of the Benji Site), 9 (Additional Terms), 12 (Communications Not Confidential), 14 (Third Party Content, Websites or Services) 15 (Malicious Code and Security), 16 (Disclaimer), 17 (Limitation of Liability), 18 (Indemnification) and 21 (General Provisions).
    • Waiver. Our failure to insist upon or enforce strict performance of any provision of these Terms of Use will not be construed as a waiver of any provision or right. A waiver of any provision of these Terms of Use must be in writing and a waiver in one instance will not preclude enforcement of such provision on other occasions.
    • Severable. If any of the provisions contained in these Terms of Use are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such provision will be severed from these Terms of Use and all other provisions of these Terms of Use will remain in full force and effect.
    • Assignment. You will not assign these Terms of Use to any third party without our prior written consent. We may assign these Terms of Use or any rights under these Terms of Use to any third party without your consent. Any attempted assignment, subcontract, delegation, or transfer in violation of this Section will be null and void. The terms of these Terms of Use will be binding upon permitted assignees. These Terms of Use will inure to the benefit of and be binding upon the parties, their permitted successors and permitted assignees.
    • Dispute Resolution. If you believe that Benji has not adhered to these Terms of Use, please contact Benji using the contact information listed below. We will do our best to address your concerns. If you feel that your complaint has been addressed incompletely, we invite you to let us know for further investigation.
  • Contact

    If you have any questions or comments regarding these Terms of Use, please contact us at support@betterwithbenji.com.

  • Additional License Terms
    • Apple App Store Additional License Terms. If the Benji Site, in whole or in part, is provided to you through the Apple Inc. (Apple Inc. together with all of its affiliates, “Apple”) App Store, the following terms and conditions apply to you in addition to all the other terms and conditions of these Terms of Use: The parties acknowledge these Terms of Use are concluded between the parties, and not with Apple. The responsibility for the Benji Site and content thereof is governed by these Terms of Use. Notwithstanding anything to the contrary hereunder, you may use the Benji Site only on an iPhone or iPod touch that you own or control. You and we acknowledge that Apple has no obligation to furnish any maintenance or support services with respect to the Benji Site. In the event of any failure of the Benji Site to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Benji Site (if any) to you. Except for the foregoing, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Benji Site, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be governed by these Terms of Use. Any claim in connection with the Benji Site related to product liability, a failure to conform to applicable legal or regulatory requirements, or claims under consumer protection or similar legislation is governed by these Terms of Use, and Apple is not responsible for such claim. Any third party claim that the Benji Site or your possession and use of the Benji Site infringes that third party’s intellectual property rights will be governed by these Terms of Use, and Apple will not be responsible for the investigation, defense, settlement and discharge of such intellectual property infringement claim. You represent and warrant that you are not: (i) located in any country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; or (ii) listed on any U.S. Government list of prohibited or restricted parties. You may contact us in writing regarding any notices, questions, complaints or claims with respect to the Benji Site at the contact information noted above. Apple is a third party beneficiary to these Terms of Use and may enforce these Terms of Use against you. If any of the terms and conditions in these Terms of Use are inconsistent or in conflict with Apple’s applicable instructions for Minimum Terms for Developer’s End User License Agreement (the current version as of the date these Terms of Use was last updated is located at: http://www.apple.com/legal/internet-services/itunes/appstore/dev/minterms/) or the App Store Terms of Service (the current version as of the date these Terms of Use was last updated is located at: http://www.apple.com/legal/internet-services/itunes/ca/terms.html), the terms and conditions of Apple’s instructions for Minimum Terms for Developer’s End User License Agreement or App Store Terms of Service, as applicable, will apply to the extent of such inconsistency or conflict.
    • Google Play. If the Benji Site, in whole or in part, is provided to you through the Google Inc. (Google Inc. together with all of its affiliates, “Google”) Google Play store, the following terms and conditions apply to you in addition to all the other terms and conditions of these Terms of Use: You acknowledge that Google is not responsible for providing support services for the Benji Site. If any of the terms and conditions in these Terms of Use are inconsistent or in conflict with the Google Play Developer Distribution Agreement (the current version as of the date these Terms of Use was last updated is located at https://play.google.com/about/developer-distribution-agreement.html), the terms and conditions of Google’s Google Play Developer Distribution Agreement will apply to the extent of such inconsistency or conflict.