Terms and Conditions

By signing up for the ILance SAAS (“Service”) or any of the services of ILance Inc. you are agreeing to be bound by the following terms and conditions (“Terms of Service”). The Services offered by ILance under the Terms of Service include various products and services to help you create and manage a marketplace website. Any new features or tools which are added to the current Service shall be also subject to the Terms of Service. ILance reserves the right to update and change the Terms of Service by posting updates to the ILance website.

You must read, agree with and accept all of the terms and conditions in this Terms of Service agreement and ILance’s Privacy Policy before you may become an ILance user.

1. Account Terms

You must be 18 years or older or at least the age of majority in the jurisdiction where you reside or from which you use this Service.
To access and use the Services, you must register for an ILance account (“Account”) by providing your full legal name, current address, phone number, a valid email address, and any other information indicated as required. ILance may reject your application for an Account, or cancel an existing Account, for any reason at our discretion.
You acknowledge that ILance will use the email address you provide as the primary method for communication.
You are responsible for keeping your password secure. ILance cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password.
You are responsible for all activity and content such as data, graphics, photos, videos and links that is uploaded under your ILance Account (“Marketplace Content”). You must not transmit any viruses or any code of a destructive nature.
A breach or violation of any term in the Terms of Service as determined in the sole discretion of ILance will result in an immediate termination of your services.

2. Account Activation

2.1 ILance Account

Subject to section 2.1.2, the person signing up for the Service will be the contracting party (“Account Owner”) for the purposes of our Terms of Service and will be the person who is authorized to use any corresponding account we may provide to the Account Owner in connection with the Service.
If you are signing up for the Service on behalf of your employer, your employer shall be the Account Owner. If you are signing up for the Service on behalf of your employer, then you represent and warrant that you have the authority to bind your employer to our Terms of Service.

2.2 Payments

Upon completion of sign up for the Service, ILance will create a new account on your behalf, using your email address.
You acknowledge that ILance Payments will be your default payment and that it is your sole responsibility as the Account Owner to activate and maintain your account.

3. General Conditions

You must read, agree with and accept all of the terms and conditions contained in these Terms of Service and the Privacy Policy before you may become a member of ILance.

Technical support is only provided to paying Account holders and is only available via email.
The Terms of Service shall be governed by and interpreted in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to principles of conflicts of laws. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the Province of Ontario with respect to any dispute or claim arising out of or in connection with the Terms of Service.
You acknowledge and agree that ILance may amend these Terms of Service at any time by posting the relevant amended and restated Terms of Service on ILance’s website, available at https://www.ilance.com/legal/terms/ and such amendments to the Terms of Service are effective as of the date of posting. Your continued use of the Services after the amended Terms of Service are posted to ILance’s website constitutes your agreement to, and acceptance of, the amended Terms of Service. If you do not agree to any changes to the Terms of Service, do not continue to use the Service.
You may not use the ILance service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws), the laws applicable to you in your customer’s jurisdiction, or the laws of Canada and the Province of Ontario. You will comply with all applicable laws, rules and regulations in your use of the Service.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by ILance.
You shall not purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use ILance or ILance trademarks and/or variations and misspellings thereof.
Questions about the Terms of Service should be sent to support@ilance.com.
You understand that your Marketplace Content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit Card information is always encrypted during transfer over networks.
You acknowledge and agree that your use of the Service, including information transmitted to or stored by ILance, is governed by its privacy policy at https://www.ilance.com/legal/privacy/
The Terms of Service may be available in languages other than English. To the extent of any inconsistencies or conflicts between these English Terms of Service and ILance’s Terms of Service available in another language, the most current English version of the Terms of Service at https://www.ilance.com/legal/terms/ will prevail.

4. ILance Rights

We reserve the right to modify or terminate the Service for any reason, without notice at any time.
We reserve the right to refuse service to anyone for any reason at any time.
We may, but have no obligation to, remove Marketplace Content and Accounts containing content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
Verbal or written abuse of any kind (including threats of abuse or retribution) of any ILance customer, ILance employee, member, or officer will result in immediate Account termination.
ILance does not pre-screen Marketplace Content and it is in our sole discretion to refuse or remove any Content that is available via the Service.
We reserve the right to provide our services to your competitors and make no promise of exclusivity in any particular market segment. You further acknowledge and agree that ILance employees and contractors may also be ILance customers/merchants and that they may compete with you, although they may not use your confidential information in doing so.
In the event of a dispute regarding Account ownership, we reserve the right to request documentation to determine or confirm Account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, the last four digits of the credit card on file, etc.
ILance retains the right to determine, in our sole judgment, rightful Account ownership and transfer an Account to the rightful owner. If we are unable to reasonably determine the rightful Account owner, ILance reserves the right to temporarily disable an Account until resolution has been determined between the disputing parties.

5. Limitation of Liability

You expressly understand and agree that ILance shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the service.
In no event shall ILance or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or these Terms of Service (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, ILance partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.
ILance does not warrant that the Service will be uninterrupted, timely, secure, or error-free.
ILance does not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
ILance does not warrant that the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected.

6. Waiver and Complete Agreement

The failure of ILance to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and ILance and govern your use of the Service, superseding any prior agreements between you and ILance (including, but not limited to, any prior versions of the Terms of Service).

7. Intellectual Property and Customer Content

We do not claim any intellectual property rights over the material you provide to the ILance service. All material you upload remains yours. You can remove your ILance Marketplace at any time by deleting your Account.
By uploading Content, you agree: (a) to allow other internet users to view your Content; (b) to allow ILance to display and marketplace your Content; and (c) that ILance can, at any time, review all the Content submitted by you to its Service.
You retain ownership over all Content that you upload to an ILance Marketplace; however, by making your Content public, you agree to allow others to view your Content. You are responsible for compliance of Content with any applicable laws or regulations.
We will not disclose your confidential information to third parties, except as required in the course of providing our services. Confidential information includes any materials or information provided by you to us which is not publicly known. Confidential information does not include information that: (a) was in the public domain at the time we received it; (b) comes into the public domain after we received it through no fault of ours; (c) we received from someone other than you without breach of our or their confidentiality obligations; or (d) we are required by law to disclose.
ILance shall have the non-exclusive right and license to use the names, trademarks, service marks and logos associated with your marketplace to promote the Service.

8. ILance Community

ILance Community is an online forum resource of existing members and/or enthusiasts that can help you with inquiries when building and operating your ILance Marketplace. ILance does not employ community members and is in no way affiliated.
ILance does not endorse community members and takes no responsibility for any work performed or failure to fulfill a work request. Links to the ILance community, announcements about services or offers, and responses to email inquiries regarding community, are provided solely for informational purposes at the discretion of ILance and shall not be construed or imply permission, or an affiliation, position regarding any issue in controversy, authentication, appraisal, sponsorship, nor a recommendation or endorsement of any website, product, service, activity, business, organization, or person, and any offers, products, services, statements, opinions, content or information on any linked third-party website.
Under no circumstances shall ILance be liable for any direct, indirect, incidental, special, consequential, exemplary or other damages whatsoever, including, without limitation, any direct, indirect, incidental, special, consequential, exemplary or other damages that result from any contractual relationship between you and community members. These limitations shall apply even if ILance has been advised of the possibility of such damages. The foregoing limitations shall apply to the fullest extent permitted by law.

9. Payment of Fees

You will pay the Fees applicable to your subscription to the Online Service (“Subscription Fees”) and any other applicable fees, including but not limited to fees relating to paid support under your Account, and any fees relating to your purchase of any products or services such as professional installation, technical support and custom development and design.
You must keep a valid credit card on file with us to pay for all incurred and recurring Fees. ILance will charge applicable Fees to the credit card account that you authorize and ILance will continue to charge the Authorized Card (or any replacement card) for applicable Fees until the Services are terminated, and any and all outstanding Fees have been paid in full. Unless otherwise indicated, all Fees and other charges are in U.S. dollars, and all payments shall be in U.S. currency.
Subscription Fees are paid in advance and will be billed in 30 day intervals (each such date, a “Billing Date”). Transaction Fees and Additional Fees will be charged from time to time at ILance’s discretion. You will be charged on each Billing Date for all outstanding Fees that have not previously been charged. Fees will appear on an invoice, which will be sent to the Account Owner via the email provided. As well, an invoice will appear on the Account page of your ILance administration console. Users have approximately two weeks to bring up and settle any issues with the billing of Subscription Fees.
All Fees are exclusive of applicable federal, provincial, state, local or other governmental sales, goods and services, harmonized or other taxes, fees or charges now in force or enacted in the future (“Taxes”).
If you are a resident of Canada, you are responsible for all applicable Taxes that arise from or as a result of your subscription to or purchase of ILance’s products and services. These Taxes are based on the rates applicable to the Canadian billing address you provide to us. Such amounts are in addition to the Fees for such products and services and will be billed to your Authorized Card. If you are exempt from payment of such Taxes, you must provide us with an original certificate that satisfies applicable legal requirements attesting to tax-exempt status. Tax exemption will only apply from and after the date we receive such a certificate.
If you are resident in the U.S., Taxes may apply to your subscription to or purchase of some or all of ILance’s products and services, including without limitation, your subscription to or purchase of ILance’s Online Services. Any applicable Taxes are based on the rates applicable to the U.S. billing address you provide to us, and will be calculated at the time of purchase of the applicable Taxable Offerings. Such amounts are in addition to the Fees for the Taxable Offerings and will be billed to your Authorized Card. If you are exempt from payment of such Taxes, you must provide us with an original certificate that satisfies applicable legal requirements attesting to tax-exempt status. Tax exemption will only apply from and after the date we receive such a certificate.
If you are not a resident of Canada or the U.S., and not subject to Canadian Goods and Services Tax/Harmonized Sales Tax (GST/HST) in respect of your subscription to or purchase of ILance’s products and services, you must provide us with a statement by email to support@ilance.com stating that: (i) you are not a resident of Canada or the U.S.; (ii) you are not GST/HST registered; and (iii) to the extent that you are an individual and not a corporation or other legal entity, you were not physically present in Canada when ILance’s products and services were made available to you. The statement should also include your complete home and/or business location address. If you do not provide such information, you will be charged for Taxes applicable to your subscription to or purchase of ILance’s products and services, which will be billed to your Authorized Card until after such time that you provide us with the information described above. To the extent that you are an individual and not a corporation or other legal entity, and your location of usage changes to a place in Canada or the U.S., you must advise us immediately by email to support@ilance.com.
ILance does not provide refunds.

10. Cancellation and Termination

You may cancel your Account at anytime by emailing support@ilance.com and then following the specific instructions indicated to you in ILance’s response.
Upon termination of the Services by either party for any reason:
1. ILance will cease providing you with the Services and you will no longer be able to access your Account;
2. unless otherwise provided in the Terms of Service, you will not be entitled to any refunds of any Fees, pro rata or otherwise;
3. any outstanding balance owed to ILance for your use of the Services through the effective date of such termination will immediately become due and payable in full; and
4. your marketplace website will be taken offline.
If you purchased a domain name through ILance, upon cancellation your domain will no longer be automatically renewed. Following cancellation, it will be your sole responsibility to handle all matters related to your domain with the domain provider.
If at the date of termination of the Service, there are any outstanding Fees owing by you, you will receive one final invoice via email. Once that invoice has been paid in full, you will not be charged again.
We reserve the right to modify or terminate the ILance Service or your Account for any reason, without notice at any time.
If you are not a resident of Canada or the U.S., and not subject to Canadian Goods and Services Tax/Harmonized Sales Tax (GST/HST) in respect of your subscription to or purchase of ILance’s products and services, you must provide us with a statement by email to support@ilance.com stating that: (i) you are not a resident of Canada or the U.S.; (ii) you are not GST/HST registered; and (iii) to the extent that you are an individual and not a corporation or other legal entity, you were not physically present in Canada when ILance’s products and services were made available to you. The statement should also include your complete home and/or business location address. If you do not provide such information, you will be charged for Taxes applicable to your subscription to or purchase of ILance’s products and services, which will be billed to your Authorized Card until after such time that you provide us with the information described above. To the extent that you are an individual and not a corporation or other legal entity, and your location of usage changes to a place in Canada or the U.S., you must advise us immediately by email to support@ilance.com.
Fraud: Without limiting any other remedies, ILance may suspend or terminate your Account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site.

11. Modifications to the Service and Prices

Prices for using the Services are subject to change upon 30 days notice from ILance. Such notice may be provided at any time by posting the changes to the ILance Site (ilance.com) or the administration menu of your ILance Admin Panel via announcement.
ILance reserves the right at any time, and from time to time, to modify or discontinue, the Service (or any part thereof) with or without notice.
ILance shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

12. Third Party Services

In addition to these Terms of Service, you also agree to be bound by the additional service-specific terms applicable to services you purchase from, or that are provided by, ILance’s partners or other third parties.
ILance may from time to time recommend, provide you with access to, or enable third party software, applications (“Apps”), products, services or website links (collectively, “Third Party Services”) for your consideration or use, including via the ILance App Store. Such Third Party Services are made available only as a convenience, and your purchase, access or use of any such Third Party Services is solely between you and the applicable third party services provider (“Third Party Provider”). Any use by you of Third Party Services offered through the Services or ILance’s website is entirely at your own risk and discretion, and it is your responsibility to read the terms and conditions and/or privacy policies applicable to such Third Party Services before using them.
We do not provide any warranties with respect to Third Party Services. You acknowledge that ILance has no control over Third Party Services, and shall not be responsible or liable to anyone for such Third Party Services. The availability of Third Party Services on ILance’s websites, including the ILance App Store, or the integration or enabling of such Third Party Services with the Services does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by or with ILance. ILance strongly recommends that you seek specialist advice before using or relying on Third Party Services, to ensure they will meet your needs. In particular, tax calculators should be used for reference only and not as a substitute for independent tax advice when assessing the correct tax rates you should charge to your customers.
If you install or enable a Third Party Service for use with the Services, you grant us permission to allow the applicable Third Party Provider to access your data and to take any other actions as required for the interoperation of the Third Party Service with the Services, and any exchange of data or other interaction between you and the Third Party Provider is solely between you and such Third Party Provider. ILance is not responsible for any disclosure, modification or deletion of your data or Marketplace Content, or for any corresponding losses or damages you may suffer, as a result of access by a Third Party Service or a Third Party Provider to your data or Marketplace Content.
Under no circumstances shall ILance be liable for any direct, indirect, incidental, special, consequential, punitive, extraordinary, exemplary or other damages whatsoever, that result from any Third Party Services or your contractual relationship with any Third Party Provider, including any Expert. These limitations shall apply even if ILance has been advised of the possibility of such damages. The foregoing limitations shall apply to the fullest extent permitted by applicable law.
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, ILance partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, arising out of your use of a Third Party Service or your relationship with a Third Party Provider.

13. DMCA Notice and Takedown Procedure

ILance supports the protection of intellectual property and asks ILance merchants to do the same. It’s our policy to respond to all notices of alleged copyright infringement. If someone believes that one of our merchants is infringing their intellectual property rights, they can send a DMCA Notice to ILance’s designated agent using our form. Upon receiving a DMCA Notice, we may remove or disable access to the material claimed to be a copyright infringement. Once provided with a notice of takedown, the merchant can reply with a counter notification using our form if they object to the complaint. The original complainant has 14 business days after we receive a counter notification to seek a court order restraining the merchant from engaging in the infringing activity, otherwise we restore the material.

Last updated: June 18, 2017