Users shall not use the Site or any content or other document therein for any purpose that is contrary any statute, regulation, by–law, rule, common law principal (whether in law or equity) or other requirement of Ontario law or the laws of Canada, or any purpose prohibited by this Agreement, or to solicit the performance of any such illegal activity or other activity which infringes the rights of Pllenty Inc. or others.Users shall not use the Site or any content or other document therein for any purpose that is contrary any statute, regulation, by–law, rule, common law principal (whether in law or equity) or other requirement of Ontario law or the laws of Canada, or any purpose prohibited by this Agreement, or to solicit the performance of any such illegal activity or other activity which infringes the rights of Pllenty Inc. or others.

Terms of Use

By accessing this website and our associated payment platform (the “Site”), you (the “User”) are deemed to accept all of the terms herein as a valid and binding agreement in full force and effect between Pllenty Inc. and you as the User (the “Agreement”). If you do not want to accept these terms, you should not access or use the Site. Additionally, by accepting these terms you will be deemed to have reviewed and accepted our Privacy Policy posted on the Site.

Pllenty Inc. reserves the right, in its sole discretion, to update, revise, supplement, and modify these Terms of Use and our Privacy Policy as well as to impose new or additional terms and conditions to these Terms of Use and Privacy Policy at any time. We will notify you of any changes to these Terms of Use and Privacy Policy by posting any revised versions on our Site. Your continued access or use of the Site after such modifications have been posted shall indicate your acceptance of and agreement to be bound by all updated terms. It is your responsibility to review regularly our Privacy Policy and Terms of Use.

PLEASE REVIEW THE FOLLOWING CAREFULLY

1. Ownership and Copyright of Site

1.1. Ownership – The content of the Site and the expression, organization, gathering, compilation, magnetic translation, digital conversion, electronic transmission thereof are protected under applicable law relating to copyrights, trademarks and other proprietary rights (including but not limited to intellectual property) and are strictly reserved in favour of Pllenty Inc.

1.2. No Copying etc. – The copying, redistribution, use or publication by a User of any content or other part of the Site is strictly prohibited.

2. Access License

The User is hereby granted a non–exclusive non–transferable royalty–free license to access the Site for the purpose of learning about Pllenty Inc., its services, and using Pllenty Inc.’s payment processing facility.

3. Disclaimer and Limitation of Liability

3.1. Disclaimer – The forms, documents and other Site content are made available on an “as is” “where is” basis. All representations warranties, express or implied, are disclaimed including but not limited to the disclaimer of any implied warranties.

1. The User acknowledges that solely by accessing the Site or using Pllenty Inc.’s payment platform, they ARE NOT a client of Pllenty Inc. To become a client of Pllenty Inc., the User must hire Pllenty Inc. and agree to its standard form client terms and conditions.
2. The User assumes all responsibilities and obligations with respect to any decision to upload or download content from the Site, or when deciding to select and/or rely on any other document or any other Site material, to achieve the User’s intended result.

3.2. Site Accessibility and Viruses – The Site may be unavailable or inaccessible from time to time, at any time, due to routine maintenance, errors, problems or other unforeseeable causes. Moreover, the information on the Site may contain bugs, errors, problems or other limitations. All responsibility or liability for any damages caused by viruses contained within the electronic file containing the form or document is hereby disclaimed. If a payment process cannot be completed due to the Site’s being unavailable or inaccessible the User will receive an error message. It is the User’s responsibility to return to the Site at a later time to complete their transaction. Pllenty Inc. hereby disclaims any liability for any User who is unable to use the Site or relied solely on the Site.

3.3. Servers in Foreign Jurisdictions – Pllenty currently uses network and server infrastructure located in Canada. The User hereby acknowledges that from time to time, at any time, even if not doing so right now Pllenty Inc. may host the Site but, in so doing, may utilize servers and hosting services based outside of Ontario or Canada. This may also apply to any web–based services (including online forms) that Pllenty Inc. uses in the ordinary course of its practice. Any documents or materials uploaded to, or downloaded from, the Site may be stored in servers located in, and subject to, the laws of a foreign jurisdiction. Such laws can include (without limiting the generality of foregoing) criminal and administrative legal requirements relating to investigation, search and seizure. Additionally, any information stored on servers located in the United States of America may be subject to search and seizure by United States Federal authorities under the U.S.A Patriot Act and other laws of the United States relating to national security. Pllenty Inc. hereby disclaims any and all liability with respect to the enforcement of foreign laws, including the Patriot Act.

3.4. Limitation of Liability – Pllenty Inc. and its partners, contractors, employees and affiliates (collectively referred to in this paragraph as “Pllenty”) have no liability whatsoever for a User’s reliance on the Site or use of any information contained on the Site. In particular, but not as a limitation thereof, Pllenty is not liable for any INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT (INCLUDING BREACH OF WARRANTY), TORT (INCLUDING NEGLIGENCE ARISING FROM PRODUCT LIABILITY AND NEGLIGENT MISREPRESENTATION), ANY LEGAL COSTS ARISING THEREFROM, OR ANY OTHER COSTS OR EXPENSES ARISING OTHERWISE. Even if advised of the possibility of such damages, the disclaimer of liability for damages set forth above is a fundamental element of this Agreement for the use of the Site. This Site and the information contained herein would not be provided without such limitations. The User’s sole remedies in respect of any damages suffered as a result of their use of the Site shall be to immediately discontinue his or her use of it.

3.5. Indemnity – You agree to defend, indemnify, and hold harmless Pllenty Inc., along with its service providers, subsidiaries, affiliates, officers, directors, employees, attorneys, and agents, from any claims, liabilities, damages, demands, losses, or expenses (including legal costs) that may arise from your use of this site in violation of this or any other policy of Pllenty Inc., or due to your infringement of any intellectual property rights held by others.

4. Prohibited Activity

4.1. Hacking, etc. – Users shall not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any server hosting the Site, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means. For clarity, “illegitimate means” includes (without restriction) writing scripts containing automated coded instructions for the purposes of testing illegally or fraudulently obtained login and password information.

4.2. Script Attacks/Testing Attacks – Where Users have fraudulently or illegitimately obtained credit card, debit card, banking or other financial information (“Stolen Data”), said Users are expressly prohibited from using on the Site scripts containing automated coded instructions for the purposes of testing whether the Stolen Data is valid and enable the User to fraudulently process financial transactions on any payment system (irrespective of whether those systems belong to Pllenty Inc.).

4.3. Monitoring and Circumventing Site – Users shall not use any “deep–link”, “page–scrape”, “robot”, “spider”, “agent” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. Pllenty Inc. reserves the right to bar any such activity.

4.4. Probing, etc. – Users shall not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. Users will not reverse look–up, trace or seek to trace any information on any other User of or visitor to the Site, or any other customer of Pllenty Inc., or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information.

4.5. Overloading Site – The User will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure (including the bandwidth capacity) of the Site or Pllenty Inc.’s systems or networks, or any systems or networks connected to the Site or to Pllenty Inc.

4.6. Interference – Users shall not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site.

4.7. Disguising Messages and Identity – Users shall not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal the User sends to Pllenty Inc. or another User on or through the Site, or sent to a Pllenty Inc. employee via email or other electronic communication. When using the Site or interacting with a Pllenty Inc. employee, no User may impersonate any other individual or entity, and no User may fraudulently hold him/herself out as representing another person or entity.

4.8. Unlawful Activity – Users shall not use the Site or any content or other document therein for any purpose that is contrary any statute, regulation, by–law, rule, common law principal (whether in law or equity) or other requirement of Ontario law or the laws of Canada, or any purpose prohibited by this Agreement, or to solicit the performance of any such illegal activity or other activity which infringes the rights of Pllenty Inc. or others.

5. Governing Law and Jurisdictional Issues

5.1. Notices – All notices provided by the User must be in writing and sent by email to info@pllenty.com

5.2. Governing Law and Disputes – This Agreement shall be treated as though it were executed and performed in Toronto, Ontario, Canada and governed by the laws of Ontario and the laws of Canada as may be applicable herein. All disputes, controversies or claims arising out of in connection with or in relation to this Agreement, including any question regarding its existence or validity shall be submitted to and be subject to the jurisdiction of the courts of the Province of Ontario (including the Supreme Court of Canada), which shall have exclusive jurisdiction in the event of any dispute hereunder. The parties hereby irrevocably submit and attorn to the exclusive jurisdiction of such courts to finally adjudicate or determine any suit, action, or proceedings arising out of or in connection with this Agreement.

5.3. Compliance with Ontario Law – In using the Site, the User hereby agrees to comply with all legislation, regulations, common law requirements (including such requirements in law and equity) as may be applicable and in force pursuant to the laws of Ontario and Canada. Any monies payable pursuant to the terms hereof shall be in Canadian currency.

5.4. Actions Subject To Disclaimer – All actions, applications and other legal proceedings shall be subject to the disclaimers and limitations set forth in Article 3 (Disclaimer and Limitation of Liability).

5.5. Severability and Waiver – Should any part of this Agreement be held invalid, unenforceable or inconsistent with the law applicable to this Agreement, that portion shall be severed from this Agreement and the remaining portions shall remain in full force and effect. Failure of Pllenty Inc. to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.

5.6. Users Outside Ontario – This site is controlled and operated by Pllenty Inc. from its offices within the Province of Ontario. Pllenty Inc. makes no representation that documents, or other materials from the Site are appropriate or available for use outside of Ontario. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

6. Interpretation of Agreement

6.1. Entire Agreement – This Agreement (which for clarity includes Pllenty Inc.’s Privacy Policy), constitutes the entire and only agreements between Pllenty Inc. and a User concerning access to and use of the Site. This Agreement supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence.

6.2. Electronic Form – The electronic form of this Agreement presented to the User when they access the Site shall be the sole true and correct version. Pllenty Inc. hereby reserves the right to update and amend this Agreement from time to time. Pllenty Inc. will post the latest version of this Agreement on the Site in electronic form.

6.3. Assignment – Pllenty Inc. may assign its rights and obligations under this Agreement to any person without notice to the User. No part of this Agreement may be assigned by the User without Pllenty Inc.’s written consent.

6.4. Independent Contractor – Each of the parties acknowledge and agree that the relationship created hereby is one of independent contractors and no other, including without limiting the generality of the foregoing, that of partnership or employment. None of the parties shall have the authority to bind the other parties to any contractual or other legal obligations, whether as agent, partner, employee, representative, authorized signing officer or otherwise. None of the parties shall hold themselves out as being an agent, employee or other representative of the other party so as to make said other party vicariously liable for any tort against any other person.

This Access License and Terms of Use are made as of Monday, May-12-25 4:41 PM