These terms of use (the “Terms”) govern the relationship between Global Leasing Group Ltd., including any of its divisions, such as Global Leasing & Finance Group, EZ Repair Loan, EZ Pay and EZ SYS (collectively “we” or “us”) and users (“you”) of the services (the “Services”) provided through this website. By using or accessing any Service, you agree to be bound by these Terms. If you are using any Service on behalf of a company or other organization, including any company or organization you identify in the course of using the Services, you represent and warrant that you are authorized to act on behalf of such company or organization, and references to “you” include such company or organization.

Services may include automated processes to enable you to apply for, manage and send and receive information and communications regarding loans, credit or leases, but do not include any loan, lending, credit or leasing transaction (each, a “Transaction”) which may be facilitated through your use of Services. Transactions are governed exclusively by a loan, lending, credit or leasing agreement between you and us (each, a “Transaction Document”).

We may change these Terms or any Service from time to time in our sole discretion without notice. Updated Terms may be accessed through this website. It is your responsibility to check for updated Terms. Your continued use of the Services after we publish updated Terms constitutes your acceptance of such updates. If you do not agree with any such updates, your sole and exclusive remedy is to stop all use of the Services.

1. Permitted and Prohibited Uses. You may access and use the Services in an interactive manner as reasonably required for your internal business purposes. The Services are not intended, and must not be used, for consumer, household or personal purposes. You must not: (a) misuse, abuse or otherwise use the Services in a manner that does, that you know would, or that a reasonable person would expect to, cause interruption, interference, disruption, loss, or degradation of the Services, their availability to other users or our operation thereof or which would otherwise impose an unreasonable or disproportionate load on the Services; (b) interfere, breach or compromise the integrity or security of the Services, including unauthorized access or use of accounts, password, systems, data, or information which you do not have the express right to access or use; (c) create or use a false identity, impersonate any person, create an account or identity on behalf of anyone else or otherwise misrepresent your identity; (d) use the Services in any manner that would reasonably be expected to expose us to civil or criminal liability; (e) use, disclose or provide access to the Services for any competitive purpose, including use by, or disclosure or provision of access to, any of our competitors or for the purposes of developing or marketing any product, service or offering that is similar to or competitive with any of the Services; (f) perform or simulate security probes, port scans, security breaches, denial of service attacks or any similar tests or hacking; (g) use the Services in a manner or for a purpose that is illegal or contravenes any law, other agreements or policies which apply to you; (h) modify, port, adapt, translate, reverse engineer, decompile, disassemble or convert into human readable form any object code used to provide the Services, or create derivative works based on the Services or any similar, competitive or emulating product, software; (i) copy, disclose, distribute, sell, resell, sublicense, distribute, assign, transfer, give away, loan, lend, lease, publish, pledge or create a security interest in the Services or provide or make available any functionality, use or benefit of the Services as an application service provider, a hosted service, a computer or processing service business, a service bureau, an outsourced facility or service or on a timesharing or similar basis or otherwise on behalf of any third party, including without limitation using the Services to convert, generate or otherwise process the work, documents or data of any third party; (j) [upload, post, host, transmit or create any: (i) files, documents, diagrams, graphics, materials, data or information that is unlawful, offensive, abusive, fraudulent, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any third party intellectual property or other rights or any applicable data and privacy protection laws and regulations; (ii) unsolicited commercial message; or (iii) virus, trojan horse, backdoor, bot, script or similar element;] (k) use any robot, spider, software, script or other automated equipment, device, process or means to use, access, input, interact with, control, retrieve, present, publish or display the Services or to skim, extract, query, compile, process or display any data stored or information input, processed, stored or calculated using the Services directly or indirectly in any manner whatsoever, including any software, machine or application programming interface or any screen-scraping or similar techniques; (l) alter, manipulate or obscure the display or presentation of the Services, including without limitation through the use of overlays, frames, filters or spawning of separate windows; or (m) attempt, or authorize, cause, permit or encourage any other person to do, any of the foregoing. We may restrict, limit, suspend or terminate access or use of the Services without notice if we know, or reasonably suspect or believe that you have breached or will breach, any of the foregoing.

3. Consent. You consent to the electronic delivery of documents provided through the Services. It is your responsibility to retain a copy of such documents by printing or saving them when you access them through the Services.

4. Ownership. Except for the limited rights granted to you under these Terms to use the Services, all right, title and interest (including all intellectual property rights) in and to the Services (including any software, systems, interfaces, domain names we use to provide the Services) and all translations, ports and modifications thereof are exclusively owned by us or our suppliers or licensors, as applicable. All trade names, company names, trademarks, service marks and other product and service names and logos in or displayed by the Services are our proprietary marks and are protected by law and may not be copied, imitated or used, in whole or in part, without our prior written consent. You understand and agree that any feedback, input, suggestions, recommendations, support requests or other similar information that you provide or which is made available to us may be used by us to modify, enhance, maintain and improve the Services and shall become our exclusive property without any obligation or payment to you or to any of your customers whatsoever.

5. Disclaimer. The Services are provided on an as-is, as-available basis. We reserve the right to restrict, suspend or terminate the Services in our sole discretion without notice or liability. To the maximum extent permitted by applicable law, we disclaim all representations, warranties and conditions, express or implied, including any representations, warranties or conditions of merchantability, merchantable quality, durability, fitness for a particular purpose, non-infringement, quiet enjoyment or possession and those arising by statute, in law, or from a course of dealing or usage of trade. The entire risk arising out of your use of the Services remains with you. Without limiting the generality of the foregoing, we do not represent or warrant that the Services will meet your requirements, operate without interruption, be error-free or virus-free or that content presented through the Services will be accurate, reliable or current. You are solely responsible for backing up data, protecting your equipment and systems and taking reasonable and appropriate precautions to scan for viruses or similar elements.

6. Representations and Warranties. You represent, warrant and covenant that: (a) you have the capacity to, and are and will be free to, enter into and to fully perform your obligations under these Terms and that no agreement or understanding with any other person exists or will exist which would interfere with such obligations; and (b) these Terms constitute a legal, valid and binding obligation upon you.

7. Limitation of Liability. Our maximum liability arising from or related to the Services will be limited to your direct damages, not to exceed in aggregate for all claims the amounts you have paid to us (excluding, for greater certainty, any amounts related to any Transaction) for the last calendar month immediately preceding the cause of action, less all amounts paid to you in respect of all prior claims. We will not have any liability for any consequential, incidental, indirect, special, punitive or other damages, or any loss of revenue, loss of profits, loss of expected savings, business interruption, loss of data or information or other pecuniary loss, even if we foresee or have been advised of the possibility of such damages.

8. Application. The limitations and exclusions of liability and disclaimers in these Terms apply irrespective of the nature of the cause of action, including without limitation breach for contract, negligence, tort or any other legal or equitable theory, and will survive a fundamental breach or failure of the essential purpose of these Terms or any remedy, including any exclusive remedy. Some jurisdictions do not permit the exclusion of certain warranties or the limitation or exclusion of certain damages and so some of the limitations and exclusions above may not apply to you.

9. Indemnity. You will indemnify and hold us harmless from all claims, liabilities, losses, damages, demands and expenses (including legal expenses) that we suffer or incur arising out of or resulting from, whether directly or indirectly, your breach of these Terms.

10. Termination and Suspension. We may suspend, limit or terminate the provision of Services to you if you breach these Terms or for convenience without notice or liability.

11. Entire Agreement. These Terms constitute the entire agreement between you and us with respect to the Services and cancel and supersede any prior understandings and agreements governing the Services. However, these Terms are in addition to any Transaction Document or other agreements you may have with us for other types of services and does not replace such other agreements. There are no representations, warranties, terms, conditions, undertakings or collateral agreements, express, implied or statutory, between you and us other than as expressly set forth in these Terms.

12. Severability. To the extent that any provision of this Agreement is declared by a court or other lawful authority of competent jurisdiction to be invalid, illegal or unenforceable, such provision shall be severed and deleted or limited so as to give effect to the intent of the parties insofar as possible and you and we will use our respective best efforts to substitute a new provision of like economic intent and effect for the illegal, invalid or unenforceable provision, and the remainder of these Terms shall continue in full force and effect.

13. Assignment. None of your rights or obligations under these Terms may be transferred or assigned, in whole or in part, whether voluntarily, by operation of law or otherwise, without our prior written consent. Any such attempted assignment or transfer shall be null and void. We may assign or novate our rights or obligations under these Terms, or delegate or subcontract our obligations, in whole or in part, without notice or liability.

14. Waiver and Amendments. No modification, amendment, addition to or waiver of any rights, obligations or defaults that you propose shall be binding on us unless it is in a paper-based writing signed by one of our authorized officers. One or more waivers of any right, obligation or default shall be limited to the specific right, obligation or default waived and shall not be construed as a waiver of any subsequent right, obligation or default. No delay or failure in exercising any right by us and no partial or single exercise thereof will be deemed of itself to constitute a waiver of such right or any other rights hereunder.

15. Governing Law and Venue. These Terms will be deemed to have been made and performed exclusively in the Province of Ontario, Canada and will be governed by and construed under the laws of the Province of Ontario without giving effect to its conflict of laws principles. You hereby irrevocably attorn and agree to the exclusive jurisdiction of the provincial and federal courts situated in Toronto, Ontario, Canada for any claim related to these Terms or the Services and agree not to bring any action, claim, suit or proceeding against the other party, its affiliates or agents (or any officer, director, or employee thereof) other than in such courts.

16. Arbitration. You agree that all claims, disputes or disagreements of any nature whatsoever arising from or relating to these Terms, the Services or us (a “Dispute”) will, at our sole option, be settled by final and binding arbitration by a single arbitrator pursuant to the Arbitration Act, 1991 (Ontario). Judgement upon the award rendered in any such arbitration may be entered in any court having jurisdiction thereof, or application may be made to such court for a judicial acceptance of the award and enforcement, as the law of such jurisdiction may require or allow. The arbitration will take place in the City of Toronto, Ontario, Canada and shall be conducted in English only. The arbitrator will: (a) not limit, expand or modify the terms of these Terms nor award damages in excess of compensatory damages permitted under these Terms, and you hereby waive any claim to such excess damages; (b) not have any ability to award any equitable remedies against us; (c) not have the right to award any damages in excess of damages that could lawfully be awarded by a court of competent jurisdiction and subject always to limitations and exclusions in these Terms; and (d) issue a written decision containing findings and conclusions on all significant issues. Each party will each bear its own expenses and an equal share of all costs and fees of the arbitration. All participants, each of whom will be bound by an appropriate confidentiality agreement, will hold the content and result of any arbitration in confidence. Notwithstanding the foregoing, you acknowledge and agree that irreparable injury may result to us if you breach any of the provisions in these Terms and that damages may be an inadequate remedy in respect of such breach. You hereby agree in advance that, in the event of such breach, we shall be entitled, in addition to such other remedies, damages and relief as may be available at law or in equity, to the granting of interlocutory and final injunctive relief. Any legal proceeding brought by you against us must be brought within one year after the event which is the subject of the proceeding has occurred. You agree to waive any right you may have to commence or participate in any class action against us in respect of any Dispute and further agree to opt out of any class proceedings against us.

17. Cumulative Remedies. Our rights and remedies under these Terms are cumulative, may be exercised singularly or concurrently, and are in addition to and not in substitution for any rights or remedies available at law or in equity.

v1.0. Last revised 2024-01-20