The Smansha website www.smansha.com (the "Site") is comprised of various web pages operated by Smansha Analytics Inc. ("Smansha"). Smansha is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of Smansha constitutes your agreement to all such Terms. Smansha provides applications and services owned by Smansha Analytics Inc.
Please read these terms carefully and keep a copy for your reference. If you cannot agree to and comply with this Agreement and its requirements, you are expressly prohibited from use of the Site and\or the Services and must exit the Site.
If you wish to use our site, you will need to provide us with certain information, including information about your identity, finances, and business performance. You will also need to create a User ID and a password for your account. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. With your permission, we may also access your accounting data, banking information, obtain a credit report, retrieve bank account data, and/ or collect other third-party data about you (collectively, the "Personal Information").
You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Smansha is not responsible for third-party access to your account that results from theft or misappropriation of your account. Smansha and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Smansha does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use Smansha only with the permission of a parent or guardian.
Smansha offers a subscription-based service to our users. We may, upon any notice required by applicable laws, change the fees and subscription offerings for the Smansha service at any time or require new fees or charges. Such changes will be effective immediately upon posting on our Website.
You may cancel your account and/or subscription at any time. Your subscription will stay active until the currently paid subscription expires. No refunds will be issued for canceled accounts.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Smansha or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Smansha content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular, you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of Smansha and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Smansha or our licensors except as expressly authorized by these Terms.
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send, and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
a) defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others
b) publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information
c) upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents
d) upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer
e) advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages
f) conduct or forward surveys, contests, pyramid schemes or chain letters
g) download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such a manner
h) falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services
i) violate any code of conduct or other guidelines which may be applicable for any particular Communication Service
j) harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
Smansha has no obligation to monitor the Communication Services. However, Smansha reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Smansha reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Smansha reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Smansha’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Smansha does not control or endorse the content, messages or information found in any Communication Service and, therefore, Smansha specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Smansha spokespersons, and their views do not necessarily reflect those of Smansha.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction, and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Smansha does not claim ownership of the materials you provide to Smansha (including feedback and suggestions) or post, upload, input or submit to any Smansha Site or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Smansha, our affiliated companies, and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Smansha is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Smansha’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
Smansha may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Smansha and Smansha is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Smansha is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Smansha of the site or any association with its operators.
Certain services made available via Smansha are delivered by third-party sites and organizations. By using any product, service or functionality originating from the Smansha domain, you hereby acknowledge and consent that Smansha may share such information and data with any third-party with whom Smansha has a contractual relationship to provide the requested product, service or functionality on behalf of Smansha users and customers.
You will be able to connect your Smansha account to third-party accounts. Links on the Site to third-party websites and\or software products (such as an ERP or accounting software product that you are using) are provided as a convenience to you. If you use these links or software products, you might leave the Site. Some of the third-parties’ software products may require you to have, and actually be signed-in to, an active user account for such a third-party software product. By connecting your Smansha account to your third-party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third-party sites). If you do not want information about you to be shared in this manner, do not use this feature.
We comply with applicable Anti Money Laundering (“AML”) and Know Your Client (“KYC”) requirements for our digital assets-related services. We may ask for documentation and information, including but not limited to copies of your government-issued identification document (e.g. Passport, driver’s license). For corporate accounts, we may require identification information related to the directors, officers, or equity owners of the business. We may also use information from third parties to help us confirm your identity and/or determine the delivery of services. You represent and warrant at all times that any and all information provided by you to us is true, accurate, and not misleading in any respect. If any such information changes, it is your obligation to provide the new information to us as soon as practicable following such change. We may refuse to perform, block, or otherwise void any agreement for service delivery that Smansha reasonably believes could violate any law or regulation. We may disclose information to third parties about you, your account, or the services delivered for the purpose of conducting our AML and KYC checks.
Smansha services are not to be used by current residents of Iran, North Korea, Syria, the Crimea Region of Ukraine, or any other country and/or region sanctioned by USA FinCEN and by Canada Fintrac. You agree that you will not use the Smansha Content accessed through Smansha in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless Smansha, its officers, directors, employees, agents, and third parties, for any losses, costs, liabilities, and expenses (including reasonable attorneys' fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Smansha reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Smansha in asserting any available defenses.
Smansha shall not be responsible for any disruption to the Site, regardless of length. Smansha will not be liable for losses related to the User’s inability to access content due to disruptions of the Site. Smansha shall be excused from its performance of any obligations under this Agreement that are prevented or interfered with due to acts or conditions beyond the reasonable control of Smansha.
Information, and other material available through the Site are furnished "As Is", "at Your Own Risk" and "As Available", without any warranty whatsoever. Although Smansha has attempted to provide accurate information on the Site, Smansha assumes no responsibility for the accuracy, merchantability or completeness of the Information, Services or other material at the Site. The Information and all other materials on the Site are provided for general information purposes only and do not constitute professional advice of any kind. Smansha does not warrant that the Information will meet user’s requirements and that the operation of the Services will be uninterrupted or error-free, or that the Site or the server that makes it available are free of viruses or bugs.
You agree that all financial analysis and outputs as well as the assumptions used to calculate the financial statements provided by the user and via any third-party web application such as QuickBooks Online, Xero, etc. are not a guaranteed outcome for your business and/or its affiliates. The financial analysis does not guarantee any future financial performance of the business and is an estimate only. Any Financial Health Score calculated via the Smansha is an estimate and not a guarantee to access any kind of credit services.
Smansha web application, analysis, assumptions, calculations, and reporting, are estimates only and not a determination of actual financial health of the business and may or may not conform to all IFRS and GAAP requirements.
It is assumed that the user has a basic understanding of the industry, terminology, and operations of their particular business, as well as a moderate financial acumen. Smansha Analytics Inc. does not claim to have the same familiarity or day-to-day knowledge of the Smansha clients/subscribers’ business as the client/subscriber does.
Smansha marketplace sets out the types of Products that Borrowers can apply for via the Service.
If a Borrower or the Advisor wishes to use our Services to make a Product Request, the Borrower, or the Advisor (as applicable) must:
a) Ensure that the Borrower is entitled to apply for the particular Product(s)
b) Complete & submit the relevant product application on the website, and
c) Submit any additional Borrower information requested on the application form.
The Borrower acknowledges that Smansha may conduct searches for any additional publicly available information in order to verify information provided by the Borrower or the Advisor. Once a Borrower has submitted the application for the Product(s) and all the required information by these Terms, our system algorithm will:
a) analyze the Borrower Information and the Product requirements; and
b) match the Borrower with one or more Lenders who offer the requested Products.
As the availability of Products may vary from time to time,we do not guarantee that every Product Request will be matched with the Lenders, or that each Product Request will result in an offer by Lenders.
As the risk exposure for each Product Request may vary from time to time, we don’t guarantee that every Product Request will be matched with the Lenders, or that each Product Request will result in an offer by Lenders.
Smansha takes confidentiality very seriously and takes the utmost care to protect users’ personal information. During the loan application process, some of the Borrower’s confidential information will be shared with the Lender. It is the Lender’s responsibility:
a) Not to use it in any other way than for the purpose of sharing it
b) Not to share it with any entity or personnel than the one who needs the information for the needed process
c) Not to store the Borrower’s information unless needed by any applicable law or by a court or regulatory body
d) If needed, disclose it to the extent required by any applicable law or by a court or regulatory body
If a Borrower has been matched with one or more Lenders, the Smansha will disclose the Borrower's Product Request and Borrower’s required information to the Lenders by email, phone and/or via the Lender's dashboard, whatever is applicable.
The following information will be presented to the applicable Lender(s):
a) Product requested
b) Amount of funding requested
c) Borrower’s name
d) Owner(s)/ Director(s) name
e) Borrower’s sales data such as gross sales, accounts receivables, accounts payable, etc.
f) Borrower’s contact details
g) Any other information provided by the Borrower or the Advisor
h) If applicable, all publicly available information relating to the Borrower
i) Any data derived from a third-party site or application if the Borrower or the Advisor has supplied login details for that site or application for this purpose.
The application will be treated as the Borrower's Confidential Information under these Terms. The Lender(s) will use the disclosed information solely for the purpose of considering the Product Request. Should a Lender fail to keep the Borrower’s information confidential, they must indemnify Borrower and Smansha any loss suffered or incurred in accordance with these Terms.
Once a Lender has received notification from Smansha, it may, in its sole discretion, conduct further checks to assess whether it wishes to offer the Borrower a Product, provided that the Lender will not conduct any consumer credit checks unless it has given reasonable notice to the Borrower that it intends to do so.
A Borrower will be notified via email and/or the Service if a Lender wishes to progress discussions with the Borrower with respect to the Product Request. The Borrower and Lender will then be able to communicate directly via the Service with respect to the Product Request. If a Lender does not wish to pursue a Product Request, the Borrower will be automatically notified via email and/or the Service.
Smansha cannot guarantee that any Lender, or any particular Lender(s), will make an offer for a Product to any Borrower through the Service, or that any Product Request will lead to a Finance Agreement.
Lenders may, in their sole discretion, decide not to pursue any commercial discussions with a Borrower following notification from us.
A Lender must notify Smansha promptly and in any event within 5 business days, if and when:
a) The Lender makes an offer to a Borrower for a Product offline; and
b) The Lender enters into a Finance Agreement and/or any other related agreement relating to a Product with a Borrower as a result of the introduction made via Smansha, in which case the Lender must also provide Smansha with a copy of the Finance Agreement and any other related details that we reasonably require, including details regarding the Product size and tenure.
Smansha may contact the Borrower to verify the information provided by the Lender.
You are solely responsible for your interactions with other Users via the Service. Smansha reserves the right, but is not obliged, to monitor actions and disputes between you and other Users via the Service.
If a Lender notifies Smansha that a Borrower has defaulted or otherwise breached the terms of a Finance Agreement, we reserve the right to suspend and/or terminate that Borrower's access to the Service.
The Lender must pay Smansha the applicable Commission as per the terms agreed.
If & where applicable, the Advisor may be entitled to a share of Commission received by Smansha and payable by the Lender.
When a Lender accepts to finance a Borrower, Smansha will immediately notify the Borrower of the Commission that would be payable by the Lender to Smansha based on the submitted Product in the notification center. We will supply separate notifications for each Lender.
Smansha will only be paid Commission from a Lender once a Financing Agreement has been entered between the Borrower and the Lender and the funds have been disbursed.
The information, software, products, and services included in or available through the site may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Smansha Analytics Inc. and/ or its suppliers may make improvements and/or changes in the site at any time.
Smansha Analytics Inc. and/ or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services, and related graphics contained on the site for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services, and related graphics are provided “as is” without warranty or condition of any kind. Smansha Analytics inc. and/ or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.
Smansha reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the Province of British Columbia, and you hereby consent to the exclusive jurisdiction and venue of courts in British Columbia in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Smansha as a result of this agreement or use of the Site. Smansha’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Smansha’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Smansha with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the User and Smansha with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Smansha with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all related documents be written in English.
Smansha reserves the right, in its sole discretion, to change the Terms under which Smansha is offered. The most current version of the Terms will supersede all previous versions. Smansha encourages you to periodically review the Terms to stay informed of our updates.
Smansha welcomes your questions or comments regarding the Terms using the “Contact us” form on the website.
These Terms of Service agreement is effective as of Jan 23, 2020.