Payment Terms

Yirni’s Payment Terms

Last Updated: May 2023

The following terms (these “Payment Terms”) govern payments you make or receive through www.yirni.com (the “Site”), operated by Yirni Inc. (1545 Alta Vista Drive, Ottawa, ON).

Yirni Inc. (1545 Alta Vista Drive, Ottawa, ON) processes card payments from Canada. Yirni Inc. and its subsidiaries are collectively referred hereto as “Yirni” “we” or “us”.

Please read these Payment Terms carefully before making or receiving payments through the Site. By making or receiving payments through the Site, you accept and agree, on behalf of yourself or on behalf of your employer or any other entity (if applicable), to be bound and abide by these Payment Terms. These Terms are supplemental to Yirni’s General Terms of Service as applicable (collectively, the “Terms of Service”).

Key Terms

Capitalized terms used but not defined herein shall have the respective meanings given to them in the Terms of Service. 

Your Balance is the aggregated amount of your Revenue as a Professional and/or returned payments from canceled bookings as a Client.

Payment Services Provider(s) are service providers that provide payment services to Clients and Professionals in connection with the Yirni platform, including with respect to collection of funds from Clients in connection with purchases, remittance and payout of revenues to Professionals, currency exchange services in connection with payments and payouts in local currencies, and the holding of funds in connection with Balances.

Revenue is the money that Professionals earn from completed bookings and receive through payouts, subject to these Terms. 

Receiving Payments

General 

• Each Career Trial you sell and successfully complete, accredits your account with revenue equal to 80% of the purchase amount.
• Yirni accredits Professionals once a booking is Completed. See the “Bookings” section in the Terms of Service for a definition of a completed booking.
• In the event of a cancellation of a booking, a refund will be issued to the original payment method used to make the transaction.
• Professionals are responsible for paying any direct or indirect taxes, including any GST, VAT or income tax, which may apply to them depending on residency, location or otherwise, under provisions of their jurisdiction. Professionals represent and warrant that they comply, and will comply at all times, with their obligations under income tax provisions in their jurisdiction. The price shown on the Career Trial page booking page is inclusive of all such taxes and charges that may apply to the Professionals.
• Appointment as Limited Payment Collection Agent: Professional hereby appoints Yirni as Professional’s limited authorized payment collection agent solely for the purpose of accepting payments (via its Payment Services Provider, if applicable) from Client, and remitting those payments to Professional. Professional agrees that payment from Client to Yirni shall be considered the same as made directly to Professional. Client’s payment obligation to Professional will be satisfied upon receipt of payment by Yirni (or its Payment Services Provider, as applicable), and Yirni (via its Payment Services Provider, as applicable) is responsible for remitting the funds to the Professional in the manner described in these Payment Terms. In the event that Yirni (via Payment Services Provider) does not remit any such amounts to Professional, the Professional will have recourse only against Yirni and not the Client directly. Professional agrees that Yirni may describe or otherwise reflect the terms contained herein in any terms of service, receipts, disclosures, or notices including, but not limited to, receipts provided to Clients that Yirni may deem necessary or prudent.
• Yirni partners with Payment Services Providers for purposes of collecting payments from Clients, transferring such payments from our Account with Payment Service Provider to Professionals, and holding funds in connection with Yirni Balances. All payments services in connection with the payout of revenues on the Yirni platform are performed by Yirni’s Payment Services Provider.

Revenue Payouts

• Professional balances on our platform, earned from completed bookings, will be paid once a month using Stripe payment services. Professionals will receive a link to register after their first completed booking. This enables sellers to receive payments from Yirni and transfer those funds to their bank account for a fee. The cost to transfer funds from your Stripe account to your bank account varies depending on the country and currency. Please read Stripe’s terms of service and privacy policy for this type of account at the following link: https://stripe.com/en-ca/legal/connect-account.
• To receive your revenue, you must have an account with Yirni’s Payment Service Provider. All funds eligible for Payout will be held on your behalf at an account with Yirni’s Payment Services Provider. All payment services, including payout services, will be provided by Yirni’s Payment Services Provider.
• A Payment Service Provider payout account can be associated with only one Yirni profile.
• Payments made by Client are only available for payout following a safety clearance period of 5 days after the booking is marked as complete.
• For security concerns, Yirni may temporarily disable a Professional’s ability to receive revenue to prevent fraudulent or illicit activity. This may come as a result of security issues, improper behavior reported by other users, or associating multiple Yirni accounts to the payout provider.
• Payouts can only be made in the amount available to you.
• Payouts are final and cannot be undone. We will not be able to reverse this process once it has begun.
• In certain cases, Professionals may receive their Revenues in several different currencies. All currency exchange services in connection with such payouts are performed by Yirni’s Payment Services Provider. Your Yirni Balance is always derived from its CAD$ value and, therefore, the local currency amount of your Yirni Balance may change daily in accordance with exchange rate fluctuations and also includes conversion fees.
• Professionals will be able to receive their revenues from disabled accounts after a safety period of 90 days following full verification of ownership of the account in question, from the day of the last cleared payment received in their account and subject to Yirni’s approval.

Purchasing

General

• Clients pay Yirni to create a booking from a Professional’s Career Trial page, using the Book Now button. Yirni partners with Payment Services Providers for purposes of collecting all payments from Clients, transferring such payments from Clients to Professionals, and holding funds in connection with Yirni Balances. All payments services in connection with the collection of funds on the Yirni platform are performed by Yirni’s Payment Services Providers.
• Yirni serves as Professional’s limited authorized payment collection agent solely for the purpose of accepting payments (via its Payment Services Provider, if applicable) from Client, and remitting those payments to Professional. Client’s payment obligation to Professional will be satisfied upon receipt of payment by Yirni (or its Payment Services Provider, as applicable), and Yirni (via its Payment Service Provider, as applicable) is responsible for remitting the funds to the Professional in the manner described in these Payment Terms. In the event that Yirni (via Payment Services Provider) does not remit any such amounts to Professional, the Professional will have recourse only against Yirni and not the Client directly.
• In most locations, purchases on Yirni can be made by using one of the following payment methods: Credit Card or Visa Debit. Additional payment methods may apply in certain locations.
• Service fees are added at the time of purchase where you can review and accept the total amount requested to pay. These fees cover administrative fees. As of January 2023, the service fees are 5% of the purchase amount.
• You may not offer Professionals to pay or make payment using any method other than through the yirni.com site. In case you have been asked to use an alternative payment method, please report it immediately to Customer Support here.
• You agree to receive invoices and/or payment receipts from Yirni in electronic form as PDF documents, by email or through the Site.
• To protect against fraud, unauthorized transactions (such as money laundering), claims, or other liabilities, payment information in connection with payouts is collected by either Yirni or Yirni’s Payment Services Provider. Payment Services Providers may also collect such other information as necessary for the purpose of processing payouts. Yirni is not exposed to the payment information provided to Payment Services Providers, and this information is subject to the privacy policy applicable to the Payment Service Provider. Please see our Privacy Policy for more information here.
• By using any payment method and/or providing payment details for making purchases on Yirni, you represent and warrant that: (a) you are legally authorized to provide such information; (b) you are legally authorized or have permission to make payments using the payment method(s); (c) if you are an employee or agent of a company or person that owns the payment method, you are authorized by that company or person to use the payment method to make payments on Yirni; and (d) such actions do not violate any applicable law.

Local Currencies

• You can pay on Yirni in several different currencies. At checkout, you will see the amount to be paid. Unless stated otherwise, you will be charged in the currency displayed on the checkout page. All currency exchange services in connection with payments in local currencies are performed by Yirni’s Payment Services Providers. In certain cases, however, when certain currencies are not supported by certain payment methods, you will be charged in CAD$ even if the price is displayed in another currency. In any event, the actual charged amount (in the actual payment currency) will be clearly disclosed to you before you complete the payment.
• Note that all prices on Yirni are derived always from their original CAD$ price and, therefore, non-CAD$ currency prices may change daily in accordance with exchange rate fluctuations and may also include conversion fees. Clients always have the option to pay in CAD$ by changing their currency.
• If you paid for a booking in a currency other than CAD$ and your booking was later canceled for any reason, the amount returned to your Yirni Balance would be based on the exchange rate as of the date of cancellation. Therefore, the returned amount may vary from the paid amount in local currency terms, while always maintaining the same CAD$ value.
• Your Yirni Balance is always valued in CAD$, even if it is displayed in a non-CAD$ currency. Therefore, should you choose to view your Yirni Balance in any currency other than CAD$, it may change daily in accordance with exchange rate fluctuations, while always maintaining the same CAD$ value. Users always have the option to view their Yirni Balance in CAD$ by changing their selected displayed currency.

Promo Codes

From time to time we may offer you promo codes for purchasing Career Trials and/or other services offered on the Site, on special discounts. Promo Codes are valid only for purchases on Yirni and are subject to different time limitations and will expire after their predefined term. To exercise your promo code, simply enter the code on the checkout page. If you fail to do so, your purchase will not be eligible for the discount. Promo codes are limited to one use per user and may not be used or combined with any other promotion.  Promo codes may be subject to additional conditions and restrictions as will be disclosed to you upon receipt of the promo codes. Promo codes may be voided in the event of fraud, misuse, or violation of the Terms of Service. Yirni reserves the right to modify or cancel promo codes at any time.

Taxes

• Yirni may be required by applicable laws to charge users with indirect taxes (such as Sales Tax, VAT, HST or GST) or to withhold taxes. Any amount Yirni will be required to collect will be in addition to the purchase amount and any other fees payable by the Client, and any amount Yirni will be required to withhold will be deducted from the Professional’s revenue, as required by applicable laws.
• Indirect taxes are in addition to the price shown on the site, and in any event, any such taxes will always be displayed to the Client before payment. 
• Users are responsible for paying any direct or indirect taxes, including any HST, GST, VAT or income tax, which may apply to them depending on residency, location or otherwise, under provisions of their jurisdiction.

Disputes and Cancellations

We encourage our Clients and Professionals to try and settle conflicts amongst themselves. If for any reason this fails after using the Inbox page or if you encounter non-permitted usage on the Site, users can contact Yirni’s Customer Support for assistance here.

Basics

• Booking cancellations can be performed on Yirni, when eligible, by Clients, Professionals or Customer Support team.
• Filing a transaction dispute or reversing a payment through your payment provider or your bank is a violation of these Payment Terms. Doing so may get your account temporarily or permanently disabled. Note: Once you have filed a dispute with your payment provider, the funds will be ineligible for a refund due to our obligations towards the payment provider.
• In the event that you encounter an issue related to the service provided in a booking, you are encouraged to use the Site’s Inbox page or contact Customer Service to attempt to resolve the matter.
• Yirni, through its Payment Services Provider, reserves the right to cancel bookings or place funds on hold for any suspected fraudulent transactions made on the Site.
• In the event of a booking cancellation, regardless of the reason, the payment made by the client will be refunded to their original payment card.
• Requesting to gain more services from Professionals beyond the agreed requirements by using the Inbox page is not allowed.

Booking Cancellations

• Yirni encourages Clients and Professionals to resolve service disputes mutually on the Inbox page.
• Eligibility for requests to Yirni to cancel a booking will be assessed by our Customer Support team based on a number of factors, including violations of our Terms of Service and/or our Community Standards and general misconduct. See below for Booking specific eligibility.
• Completed bookings may be canceled, upon review of our Customer Support team, up to 5 days after the booking is marked as complete. Please be advised that bookings cannot be partially canceled (i.e. we can only cancel the entire booking when it is justified).
• In rare circumstances where we find it appropriate, our Customer Support team may cancel a completed booking even after 5 days have passed from its completion. In such cases, the amounts paid for the canceled booking will be refunded to the Client’s original payment card and will be deducted from the Professional’s Balance or, if there are no sufficient amounts in the Professional’s Yirni Balance, from future revenues of such Professional.
• Bookings are not eligible to be canceled based on the quality of service delivered by the Professional if the service was rendered as described in the Career Trial Page. You may rate your experience with the Professional on the Booking Page, including the overall level of service quality received.
• You must contact Customer Support to address your concerns and desired resolution related to the service provided by the Professional. Customer Support will not take any action against Bookings where the applicable has failed to inform their Professional of issues related to the Professional’s service and will allow Professionals to provide a resolution first. This does not include non-permitted usage of Yirni.
• Any non-permitted usage of Yirni encountered during a Booking, after being reviewed by our Customer Support team, may result in the booking being canceled. This includes, but not limited to; harassment, unlawful behavior, or other violations of Yirni’s Terms of Service.
• Yirni Customer Support will cancel bookings based on, but not limited to, the following reasons:

Active bookings (after requirements were submitted to the Professional):

1.   In the event that a Professional is unable to fulfill a booking for any reason while the booking is marked as Confirmed.

2.   Users are abusive towards the other party through threats of low ratings or leveraging booking materials (such as logins, personal information) against each other.

3.   In the event of a failed payment after checkout.

4.   The user is no longer an active Yirni user due to Terms of Service violations or closure of their account.

Completed Bookings (after booking date)

1.   The career trial was not performed due to the absence of the Professional. Note: Multiple reported offenses will result in permanent suspension of your account.

5.   Users who abuse the Inbox page button to gain more services from Professionals beyond the agreed requirements.

6.   Users who threaten to leave a damaging review to gain more services from the Professional not related to the agreed requirements.

Chargebacks 

Yirni reviews cases of payment provider chargebacks and disputes on behalf of Professionals. Although results vary per case due to each chargeback reason, we work hard on resolving disputes in the Professional’s favor. If the chargeback case allows, Yirni (or one of Yirni’s Payment Services Providers) will return parts or full revenue back to Professionals, otherwise the chargeback amount will be borne by the Professional. 

Refunds

• Yirni will automatically refund payments made for canceled bookings back to your payment provider.
• Deposit refunds (i.e. refunds directly to your payment provider) are performed by our Customer Support team, based on the booking’s original payment amount and currency. To prevent fraud and abuse, we limit the total amount of times users can request a payment provider refund, which is subject to review by our Customer Support team.

General Terms

Modifications

• Yirni may make changes to these Payment Terms from time to time. When these changes are made, Yirni will make a new copy of the terms available on this page.
• You understand and agree that if you use Yirni after the date on which the Payment Terms have changed, Yirni will treat your use as acceptance of the updated Payment Terms.

Disclaimer of Warranties

YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER YIRNI NOR ANY PERSON ASSOCIATED WITH YIRNI MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

IN NO EVENT WILL YIRNI, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

IN ACCEPTING LIABILITY AS THE LIMITED AUTHORIZED PAYMENT COLLECTION AGENT OF SERVICE PROVIDER, YIRNI AND ITS AFFILIATES ASSUME NO LIABILITY FOR ANY ACTS OR OMISSIONS OF SERVICE PROVIDER.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

The term “Affiliate” referred to herein, is an entity that, directly or indirectly, controls, or is under the control of, or is under common control with Yirni, where control means having more than fifty percent (50%) voting stock or other ownership interest or the majority of voting rights of such entity.