Bloom Impact, P.B.C. ("Bloom Impact") matches small business owners and entrepreneurs (for a business purpose as provided in Section 6) with financial service providers ("Partner Financial Institutions"), as described further in the section of this Agreement titled ‘The Service.’
These Terms of Service ("Agreement") constitute a legally binding agreement between you and Bloom Impact (each a "Party", and collectively the "Parties"). As used in this Agreement, the words you and your refer to you, the user of Bloom Impact’s website or mobile phone applications, as the party agreeing to this Agreement. The words "we", "us", "our" and any other variation thereof refer to Bloom Impact. Any reference to Bloom Impact in this Agreement includes our directors, officers, employees, contractors, owners, agents, licensors, or licensees.
As used in this Agreement, the term "Site" includes all websites that we operate that link to this agreement, and the term “App” applies to all mobile phone applications that we operate that link to this Agreement, pages within each such website or application, any equivalent mirror, replacement, substitute or backup website or application, and pages that are associated with each such website or application. The use of the word "including" in this Agreement to refer to specific examples will be construed to mean "including, without limitation" or "including but not limited to" and will not be construed to mean that the examples given are an exclusive list of the topics covered.
By accessing the Bloom Impact App and by submitting your application for financial services, you agree to, and are bound by, the terms and conditions of this Agreement for as long as you continue to use the Site or Service. If you do not agree to be bound by this Agreement, do not use the site or the service, and do not submit an application for a financial product. You may not use the Site or Service, or accept this Agreement; if (a) you are not of legal age to form a binding contract with Bloom Impact; (b) you are prohibited by law from receiving or using the Service. From time to time updates to the Bloom Impact App may be issued. Depending on the update, you may not be able to use the Services until you have updated the latest version of the App and accepted any new terms and conditions.
By using the App or any of the services, you consent to us collecting and using technical information about the Equipment and related software, hardware and peripherals for services that are internet-based, mobile phone or wireless to improve our products and to provide any Services to you. If you use these services, you consent to us and our affiliates' and licensees', transmission, collection, retention, maintenance, processing and use of your data to conduct our services or to improve our services and/or your experience while using the App or any of the services.
Bloom Impact reserves the right to amend this Agreement at any time with notice that is reasonable according to the extent of the amendment, as determined by Bloom Impact in its sole discretion. Bloom Impact will post notice of any amendment on our Site. For a substantial amendment, including a change to the fee structure outlined herein, Bloom Impact may also notify you. You should check this Agreement regularly. By continuing to use the Site or Service after such notice is provided, you accept and agree to such amendments. If you do not agree to any amendment to any of these agreements, you must stop using the Site and Service. If you have any questions about the terms and conditions in this Agreement, please contact us at firstname.lastname@example.org.
Defined Terms. Unless the context requires otherwise, capitalized terms in this Agreement shall have the following meanings:
Interpretations References to Sections and Appendices are to be construed as references to the Sections of, and Appendices to, this Agreement, unless otherwise indicated. The singular includes the plural, and the plural includes the singular. All references to “hereof”, “herein”, “hereunder” and other similar compounds of the word “here” shall mean and refer to this Agreement as a whole rather than any particular part of the same. The terms “include” and “including” are not limiting.
You consent to receive disclosures and other information in electronic form. In connection with the Service, Bloom Impact is required by law to provide you with certain disclosures. Without your consent, Bloom Impact is not permitted to provide those disclosures to you electronically.
You agree to provide accurate Profile Information. You further agree to promptly update all your Profile Information whenever the information provided to us is no longer accurate. You can update your information by logging into the Bloom Impact app. If you need help in changing your information, please email us at email@example.com. We are not responsible for any Service-related issues arising from your failure to keep your Profile Information current. If we determine, in our sole discretion, that you have failed to provide and maintain current and accurate Profile Information, we may suspend or terminate your access to the Service.
Matching The Bloom Impact system matches users with financial products offered by Partner Financial Institutions based upon applying a combination of informational sources. These sources may include your Profile Information that you have submitted, information from licensed credit bureaus and other third parties, and criteria mutually agreed upon by each Partner Financial Institution and Bloom Impact. If matched, you would provisionally qualify to receive product offers from these Partner Financial Institutions (the "Qualification Criteria"). When submitting information for your profile, which allows us to match you with a Partner Financial Institution, you agree to provide true, accurate, current and complete Application Information. You also authorize Bloom Impact to send your Application Information, Credit
If your Application Information meets the Qualification Criteria set by one or more Partner Financial Institutions for a particular product or set of products, we may display such product or products to you along with the respective terms and conditions. You may select the products and Partner Financial Institution for which you want to submit your application. You acknowledge and agree that matching you with a Partner Financial Institution does not guarantee approval for account opening with the respective Partner Financial Institution. You further acknowledge and agree that this Bloom Impact Terms and Conditions Agreement differs from the terms and conditions that apply to any financial product or service you ultimately receive from one of our Partner Financial Institutions.
You agree and acknowledge that Bloom Impact has no role in the decision making of our Partner Financial Institutions in opening the account you have applied for. You also acknowledge that Bloom Impact may request that our Partner Financial Institutions provide information to Bloom Impact regarding its decision to open an account for you and the results of your usage of that account.
Data from Third Parties By providing the Application Information, you authorize us to obtain External Data, including but not limited to your financial history, held by Credit Bureaus (“Credit Report”), in order to allow us to verify certain data in your Application Information. Bloom Impact reserves the right to obtain External Data at any time during your use of the Service until either you or Bloom Impact terminate its rights under this Agreement pursuant to Section 11. If any of the Application Information does not match the External Data, you will have an opportunity to modify any of the Application Information. You also agree that we may contact you, including by telephone or by SMS, to verify the Application Information or to provide additional Application Information. If you wish to obtain a copy of the Credit Report procured by Bloom Impact with respect to your use of the Service after Bloom Impact has sent your information to the Matched Partner Financial Institution, you may refer your request to the Matched Partner Financial Institution.
Profile Information You authorize us to use your stored Profile Information for all purposes related to the Service, and to have continued authorization to access information about you via our External Data and third party sources and convey that information to Partner Financial Institutions, provided that such access shall be used solely for the purpose of providing the Service to you. Your Profile Information shall remain available to you during the Term, but any information obtained during the Term shall remain the property of Bloom Impact.
Information Collection You agree that we track your telephone and electronic communications with Bloom Impact, without requiring any further notice to you or any party regarding the communication.
No Fees Small business owners or entrepreneurs do not have to pay a fee to use the Bloom Impact Service.
Affiliates The rights, duties and/or obligations of Bloom Impact under this Agreement may be exercised and/or performed by Bloom Impact and/or any of Bloom Impact’s Affiliates, or any of their subcontractors and/or agents. Bloom Impact acknowledges and agrees that it shall be solely responsible for the acts or omissions of Bloom Impact’s Affiliates, and any subcontractor or agent of Bloom Impact or any of Bloom Impact’s Affiliates, related to the subject matter hereof. You agree that any claim or action arising out of or related to any act or omission of any of Bloom Impact or Bloom Impact’s Affiliates, or any of their respective subcontractors or agents, related to the subject matter hereof, shall only be brought against Bloom Impact, and not against any of Bloom Impact’s Affiliates, or any subcontractor or agent of Bloom Impact or any of Bloom Impact’s Affiliates. You acknowledge that under no circumstances shall a Partner Financial Institution be considered an Affiliate for purposes of this Agreement.
Results of Qualification You acknowledge and agree that Bloom Impact’s automated matching to qualify you for a financial product and Partner Financial Institution, based on information provided by you and by information obtained from third party sources, will allow our Partner Financial Institutions to contact you directly. You hereby acknowledge and accept that any action taken by Bloom Impact with respect to referring you to a Partner Financial Institution does not create any contractual relationship between you and the Partner Financial Institution or any other third party beyond the terms and conditions that apply to any existing relationship you have with that third party from time to time.
Denying Prequalification or Qualification Bloom Impact reserves the right to decline to prequalify or qualify you for a financial product or to revoke the same at any stage at Bloom Impact’s sole and absolute discretion and without assigning any reason or giving any notice thereto.
Rights of Partner Financial Institutions Partner Financial Institutions reserve the right (in their sole and absolute discretion) to issue a Loan, Credit, or Investment product and/ or vary the terms of that product(s) depending on its assessment of the credit profile of each individual borrower from time to time. The terms of the loan and the interest rate payable in relation to each loan application will be displayed in the app.
Subsequent Interaction Between you and the Financial Institution Once you have submitted your application and we have matched you with a Partner Financial Institution, any interaction between you and any of our Partner Financial Institutions does not constitute a part of our Service and we are not liable for the outcome of that relationship. Furthermore, any interaction between you and any of Bloom Impact’s Partner Financial Institutions not intermediated by the Bloom Impact App also does not constitute a part of our Service.
Guarantor Status Bloom Impact does not have any contractual banking relationship with you as a user of the Service, such as but not including, acting as a guarantor for a loan.
Advice and Content from Third Parties Some of the Services may involve advice from third parties and third party content, including but not limited to advice and content from Partner Financial Institutions. You agree that any such advice and content is provided for information, education, and purposes only, and does not constitute legal, financial, tax planning, medical, or other advice from Bloom Impact. You agree that Bloom Impact is not liable for any advice provided by third parties. You agree that you are responsible for your own financial research and financial decisions, and that Bloom Impact is not responsible or liable for any decisions or actions you take or authorize third parties to take on your behalf based on information you receive as a user of Bloom Impact.
Business Purpose You will only use the Site or Service for a bona fide business purpose. You will not use the Site or Service for personal, family or household purposes. You may not use the Site or Service to obtain information about or make decisions about anyone but yourself and/or your business.
Responsibility for Account You hereby acknowledge and agree that you are responsible for maintaining your Profile Information. If you believe that your Profile Information or a device that you use to access any Site has been lost or stolen, that someone is using the Service using your Profile Information without your authorization, or that an unauthorized transaction has occurred, you must notify us immediately at firstname.lastname@example.org.
Other Restrictions Bloom Impact can only be used by persons aged 18 and older.
You agree to release, indemnify, and hold harmless Bloom Impact and its Affiliates, and their respective officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way related to: (a) your access to, use of, or inability to use the Site or Service; (b) your breach of this Agreement; (c) your violation of any rights of a third party; (d) your interaction with any Funding Provider; (e) any duties, responsibilities, or obligations you may have to a Funding Provider, including with respect to, but not limited to, a Referral; (f) your violation of any Applicable Law; (g) the violation of any Applicable Law by a Funding Provider; or (h) your failure to provide and maintain true, accurate, current and complete Profile Information.
Limitation of Liability Under no circumstances shall Bloom Impact, its subsidiaries, partners, or affiliates, be liable to you for (a) any indirect, incidental, consequential, special or exemplary damages arising from or relating to the use or inability to use the Service (even if Bloom Impact knows or has been advised of the possibility of such damages), including, but not limited to, damages for loss or corruption of data or documentation, service interruptions, or Bloom Impact’s or your liabilities to third parties arising from any source; (b) except as required under applicable law, any indirect, incidental, consequential, special or exemplary damages, arising from or relating to the conduct of you or anyone else in connection with the use of the Service, including, but not limited to, damages arising from your failure to provide Bloom Impact with accurate information or to correct inaccurate Verified Data, or a third party’s failure to correctly verify such information.
No Warranties Except as expressly set forth in this agreement, the Service provided hereunder by Bloom Impact is provided "as is" with all faults and without any representations or warranties. The entire risk as to satisfactory quality, performance, accuracy, and effort is with you. Bloom Impact does not represent or warrant that the Service will be available, accessible, uninterrupted, timely, secure, accurate, complete, or entirely error-free. This disclaimer of warranty extends to you and each buyer and is in lieu of all warranties and conditions whether express, implied, or statutory, including the implied warranties of merchantability, fitness for particular purpose, title, and non-infringement with respect to the Service, and any implied warranties arising from course of dealing or course of performance. No advice or information provided by Bloom Impact shall constitute any warranty with respect to your use of the Service.
Bloom Impact does not guarantee or assume any responsibility for any service advertised or offered by any third party service relating to either Bloom Impact or any funding provider. Bloom Impact makes no guarantee as to the number of funding providers with whom you may be matched using the Service, nor does Bloom Impact guarantee that you will be able to obtain business funding in any amount using the Service, including from any funding provider for whom your verified information provisionally qualified you for such funding. You understand and agree that Bloom Impact is neither a funding provider nor a financial advisor, and nothing on this site is intended to be a substitute for professional financial advice.
Term This Agreement shall commence on the date You first access the Site or use the Service and remain in effect until either Party terminates this Agreement in accordance with the terms hereof (the “Term”).
Termination Rights of Bloom Impact Bloom Impact may terminate this Agreement at any time in its sole discretion.
Your Termination Rights You may terminate this Agreement at any time by ending your use of the Site and the Service and notifying Bloom Impact at email@example.com.
Waiver The waiver by Bloom Impact of a breach of any provision contained herein shall be in writing and shall in no way be construed as a waiver of any subsequent breach of such provision or the waiver of the provision itself.
Governing Law; Consent to Jurisdiction; Waiver of Jury Trial This Agreement will be deemed entered into in The Republic of Ghana and will be governed by and interpreted in accordance with the laws of the Republic of Ghana. The Parties agree that any dispute arising under this Agreement will be resolved in the courts of Ghana, and the Parties hereby expressly consent to jurisdiction therein.
Third Party Beneficiaries Except as limited by Section 7.1, this Agreement and the rights and obligations hereunder shall bind, and insure to the benefit of the Parties and their successors and permitted assigns. Nothing in this Agreement, expressed or implied, is intended to confer upon any person, other than the Parties and their successors and permitted assigns, any of the rights hereunder.
Entire Agreement This Agreement and each of its exhibits or appendices, constitute and contain the entire agreement between the Parties with respect to the subject matter hereof and supersedes any prior or contemporaneous oral or written agreements. Each Party acknowledges and agrees that the other has not made any representations, warranties or agreements of any kind, except as expressly set forth herein.
Survival All provisions of this Agreement that by their nature extend beyond the expiration or termination of this Agreement shall survive the termination of this Agreement.
Severability If any provision of this Agreement (or any portion thereof) is determined to be invalid or unenforceable, the remaining provisions of this Agreement shall not be affected thereby and shall be binding upon the Parties and shall be enforceable, as though said invalid or unenforceable provision (or portion thereof) were not contained in this Agreement.
Assignment Neither this Agreement nor any rights hereunder may be transferred or assigned by either Party without the prior written consent of the other Party, which consent shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, Bloom Impact may assign this Agreement or any rights hereunder without consent: (i) to an entity that acquires substantially all of its stock, assets or business; or (ii) to an Affiliate. Except as provided in this section, any attempts by either Party to assign any of its rights or delegate any of its duties hereunder without the prior written consent of the other Party shall be null and void.
Headings The headings, captions, headers, footers and version numbers contained in this Agreement are intended for convenience or reference and shall not affect the meaning or interpretation of this Agreement.