Terms & Conditions

Please carefully read these terms and conditions (the “Terms”) as they apply to the website owned, operated and controlled by Liberis US Inc. (“Liberis”), at www.liberisgroup.com (the “Website”). By using the Website, you agree to these Terms. If you do not agree to these Terms, do not use the Website. In these Terms, “we”, “us” and “our” mean Liberis; “you” and “your” means the Website user; and the “business” means the individual, corporation, association, partnership, limited liability company, estate, trust, or any other entity that applies for or obtains products and services from Liberis.

In addition to this Website, Liberis provides Qualified Customers (as defined below) the ability to obtain products and services, pursuant to the Liberis Sale and Purchase Agreements and related Terms and Conditions and such other agreements to be entered into by and between each Qualified Customer and Liberis (collectively, the “Customer Agreement”). The Terms contained herein do not govern any products or services you receive as a Qualified Customer pursuant to a Customer Agreement, but govern your use of the Website as a visitor and/or an Applicant (as defined below). If there is any conflict between these Terms and any Customer Agreement, if applicable, the Customer Agreement shall govern.

“Applicants” are those entities [or individuals] who complete an application (“Application”) in accordance with the instructions on the Website or as otherwise provided by Liberis. By submitting an Application, Applicants expressly authorize Liberis and its third-party service providers to perform an initial background check (and subsequent periodic follow-up background checks) on the Applicants and any Principals to help us determine the eligibility of the business for our products and services. In connection with such background checks, we may obtain information about the Applicants and the business from sources or references named in your Application, records, statements, documents, or other information evidencing business transactions with the customers of the business, consumer credit and business credit reporting agencies and other resources and third parties, as permitted by applicable law. By submitting an Application, you hereby agree to cooperate with Liberis with respect to background checks, and you shall promptly, upon request from Liberis, provide (or sign) any information, documentation and/or consent that we may require to perform a background check, including, without limitation, providing the written consent of any Principal to obtain that individual’s personal credit report or any other information from one or more consumer reporting agencies. You acknowledge that your failure to provide the foregoing consent, information and cooperation as requested by Liberis may preclude you from qualifying for products and services offered by Liberis. By submitting an Application, you hereby expressly authorize Liberis and its third-party service providers, to provide your information to government entities, law enforcement entities and consumer and business credit reporting agencies.

Liberis reserves the right to reject any Application, for any reason or no reason, at our discretion. If Liberis determines that your Application qualifies you for our products and services, you will be notified by us, and, upon your execution of applicable Customer Agreements, you shall be deemed a “Qualified Customer.” Your qualification for Liberis’ products and services, and execution of certain Customer Agreements, does not guarantee that Liberis will execute other Customer Agreements with you, which shall be done (or not done) at Liberis’ sole and exclusive discretion.

By accepting these Terms, you expressly consent to receive communications from us electronically to the extent permissible by law and agree that any electronic communications from you to Liberis shall have the same effect as if they were made in physical paper form. Such electronic communications may include emails, messages posted to your Liberis customer account portal or other electronic communications. Your consent to receive electronic communications from us does not mean that we must provide all communications electronically. You further expressly consent to be contacted by Liberis and our employees, representatives and agents, or anyone contacting you on our behalf for any and all purposes arising out of or relating to your Liberis account, at any telephone number, or any physical, email or electronic address you provide or at which you may be reached. It is your responsibility to provide us with current and accurate contact information. You represent that you are permitted to receive calls at each of the telephone numbers you have provided to us. You agree to promptly alert us whenever you stop using a particular telephone number.

Authorization To Contact Me by Phone.

By checking the box and clicking ‘Get Quote’ or similarly worded button, I authorize Liberis and its affiliates, agents, and independent contractors to deliver or cause to be delivered telephone calls or texts messages using an automatic telephone dialing system or an artificial or prerecorded voice, including calls or texts made for advertising purposes or that constitute telemarketing, to the residential land line or wireless number(s) listed in this application. I agree that this authorization will be valid even if any of the number(s) listed in this application have been added to Liberis’ company specific do-not-call list, or to the nationwide do-not-call registry or any state do-not-call registry. I understand that I am not required to provide this authorization as a condition of participating in Liberis’ merchant cash advance program.

You expressly consent and agree to receive SMS/text messages (“Text Alerts”) to your mobile device and to the designated mobile phone number that you provide to us. By providing a mobile phone number to us, you certify that you are authorized (a) to designate the mobile phone number to receive Text Alerts from us, and (b) to incur any mobile message or data charges that may be incurred by receiving Text Alerts from us. The information contained in any Text Alert is subject to the terms and conditions in these Terms and may be subject to certain time lags and/or delays.

The number and frequency of Text Alerts sent to your mobile device will depend on a number of factors, but we may send Text Alerts to:

• Remind you about certain actions you may need to take;
• Request information from you regarding our services;
• Notify you about events that may be of interest to you;
• Notify you about new products, services, or other content
• Other promotional activities.

If you wish to stop receiving Text Alerts from us, please follow the instructions contained in the Text Alert or email us at dataprotection@liberis.co.uk.

Message, voice and data rates may apply. By participating in any Text Alerts service, you approve any such charges from your mobile carrier. Check your carrier’s plan for details. You acknowledge and agree that you are solely responsible and liable for obtaining, maintaining, and paying all charges related to your mobile device(s). We are not responsible for incomplete, lost, late, or misdirected messages, including, without limitation, undelivered messages as a result of filtering by your mobile carrier, service provider, or otherwise.

You acknowledge and agree that if offered Text Alerts may be provided by a third-party service provider and through automatic telephone dialing technology, an artificial voice, or a pre-recorded voice. By providing us with a mobile phone number, you expressly consent to receive Text Alerts from such third-party service providers and through automatic dialing technology, artificial voice, and pre-recorded voice. We reserve the right, in our sole discretion, to cancel or suspend any or all of the Text Alerts, in whole or in part, for any reason, with or without notice to you.

Authorization To Receive Commercial Electronic Mail Messages.

Our websites may contain links to web sites which are owned or controlled by parties other than Liberis Inc. These links are provided for your convenience and do not imply that we have reviewed or condone the third-party sites, their content or their privacy policies. When using other websites you should be aware that any personal information you supply will be handled according to their privacy policies. We recommend that you read and consider these websites’ privacy policies and terms and conditions before providing any of your personal information. Liberis is not responsible for privacy practices or content on third party websites.

We reserve the right at any time to modify or discontinue, temporarily or permanently, the Website with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website. You may use the Website only for lawful purposes and in accordance with these Terms. You agree not to use the Website:

• In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries).
• For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
• To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” or “spam” or any other similar solicitation.
• To impersonate or attempt to impersonate Liberis, a Liberis employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by Liberis in its sole discretion, may harm Liberis or users of the Website or expose them to liability.
  Additionally, you agree not to:
  • Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
  • Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
  • Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the Website.
  • Introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Website. Otherwise attempt to interfere with the proper working of the Website.

WE DO NOT GUARANTEE THAT THE WEBSITE OR THE ADEQUACY, COMPLETENESS OR ACCURACY OF ANY CONTENT, DOCUMENT OR FEATURE OF THE WEBSITE WILL BE ERROR-FREE, THAT THE WEBSITE OR ANY FEATURE OF THE WEBSITE WILL BE UNINTERRUPTED, OR THAT ANY ERRORS, INTERRUPTIONS OR DEFECTS WILL BE CORRECTED. THE WEBSITE AND THE CONTENT ON THE WEBSITE ARE MADE AVAILABLE ON AN “AS-IS” AND “WITH ALL FAULTS” BASIS. LIBERIS EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

ALTHOUGH LIBERIS WILL TAKE REASONABLE PRECAUTIONS TO PROTECT THE WEBSITE AND AVOID DELETION, CORRUPTION OR UNAUTHORIZED MODIFICATION OF OR ACCESS TO THE WEBSITE, WE MAKE NO REPRESENTATION OR WARRANTY THAT SUCH EFFORTS WILL BE SUCCESSFUL, AND TO THE EXTENT PERMITTED BY LAW, WE SPECIFICALLY DISCLAIM ALL LIABILITY WHATSOEVER WITH RESPECT TO ANY FAILURE TO PROTECT THE WEBSITE OR AVOID DELETION, CORRUPTION OR UNAUTHORIZED MODIFICATION OF OR ACCESS TO THE WEBSITE. LIBERIS MAKES NO REPRESENTATIONS OR WARRANTIES THAT THAT THE WEBSITE OR ANY DOWNLOADABLE MATERIAL IS FREE FROM COMPUTER VIRUS. CALCULATORS AND TOOLS ON THE WEBSITE PROVIDE ESTIMATES, WHICH MAY BE DIFFERENT THAN THE ACTUAL AMOUNTS.