Website – Terms of Use

Acceptance of the Website Terms of Use

Loans Canada / CompareHub / Prets Quebec (6069321 Canada Inc) (“Loans Canada”, “we”, “us”, “our”) welcomes you to its website located at www.loanscanada.ca (the “Website”). Please read the following terms of use (“Terms of Use” or “Terms”) before using the Website, and/or any additional services made available through the Website (collectively, the “Services”). The Website is a copyrighted work belonging to 6069321 Canada Inc. Certain features of the Website may be subject to additional guidelines, terms, or rules, which will be posted on the Website in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into these Terms.

By accessing and using the Website and Services, including third-party matching, you agree to be bound by these Terms of Use, whether or not you have read them. If you do not agree with these Terms of Use, your sole recourse is to immediately cease visiting the Website or additional Services. 

These Terms of Use describe the legally binding terms and conditions between you and Loans Canada that govern your use of the Website and Services. By visiting the Website, you consent to comply with these Terms and you represent that you have the authority and capacity to enter into these Terms. You should be at least 18 years of age to access the Website. If you disagree with any of the provisions of these Terms, you must not access or use the Website.

A copy of these Terms of Use may be downloaded, saved, and printed for your reference.

Eligibility 

You represent and warrant that you are over the age of 18. We do not allow individuals under the age of 18 to use our Services. If you are a minor, please refrain from using our Services.

Loans Canada’s Role in Providing the Services versus Role of Financing Organizations 

It is important to understand our role in providing the Services.

We are a technology platform that is designed to connect people who want information on and to compare various types of financial products and services such as personal loans, auto loans, and mortgages (“financial arrangements”) from third-party financial institutions and organizations that offer financing arrangements.  We are not the entity that provides financing arrangements.   

When the Services generates information about loans or other financial products or services including approval criteria and interest rates related thereto (collectively, the “Third-Party Services“), we are an information organizer and aggregator. We do not directly generate any of the information about Third-Party Services you see on the Website or obtain from the Services, and instead, this information is provided to us by third parties (generally financial institutions). This information may be inaccurate or incomplete through no fault of ours (for example, because the financial institution has changed its interest rate but has not yet told us about the change). When this happens, your ability to use the Services may be compromised through no fault of ours, and we cannot accept any responsibility for any problems or damages which might occur in relation with such Third-Party Services.

The Website and the Services are not a substitute for actual legal, investment or professional advice from a licensed competent individual in their field of expertise. The information and services offered on this Website is provided with the understanding that Loans Canada is not engaged in rendering legal or other professional services or advice. Your use of the Website is subject to the additional disclaimers and caveats that may appear throughout the Website.

If you decide to conclude or obtain a Third-Party Service through the Website, you will be dealing with third-party financial institutions. Your conclusion of a financing arrangement is not governed by these Terms and will be the subject of a separate contract with the third party who is offering the financing arrangement.  To be clear, these Terms do not govern any Third-Party Services, which are the subject of distinct contracts with the concerned third-party financial institution and may also be the subject of an additional contract with us. 

Loans Canada does not promise or guarantee that the information and/or Services offered will result in the provision of a financial arrangement to you or improve your credit.    

Loans Canada may receive compensation from the offers shown on its website or the providers you may be matched with after you submit an application. Our intention is to provide you with the best tools, content, products and services to help you reach your financial goals. All Loans Canada services and resources are free to use and we do not charge consumers for any of our services. However, it is possible that the providers of some of the offers we promote may charge for some of their services. We aim to provide Canadians with impartial and accurate information so that they can make the best financial decisions.

Purchase of Financial Products and Services Through the App

Our platform only helps you to find Third-Party Services (which are, for clarity, offered by third parties), to select a Third-Party Service that you qualify for, and then we put you in touch with the third-party financial institution which offers the financial arrangements that you prefer so that you can sign a distinct contract with it.   

The final decision about whether your qualify for a given Third-Party Service will be made by the third-party financial institution, and we have no control over this decision nor do we have any liability resulting from such. 

We are not a party to your contract with the third-party financial institutions. As such, we cannot accept any responsibility for problems arising from or related to these Third-Party Services, third-party contracts nor any other third-party services (including websites or apps) which are used in the process.

Bank Account Verification

It is your responsibility to ensure you review any contractual obligations with your bank to confirm that you are permitted to provide your login information and to determine whether there are any consequences or liabilities as a result of disclosing such login information.

Accounts

You may create an account or submit a service request in order to use the Services. You must use current and accurate information to create your account. You are limited to a single account, and cannot create multiple accounts, either under your own name or the names of others.

Your account is intended for your use only, and you must not share your login credentials with others, nor allow others to access your account. You agree that you are responsible for the confidentiality of your account credentials, and for any activity resulting from the use of your account. You agree to make reasonable efforts to prevent unauthorized access to, or use of our Services. You may not share your account and password, allow third parties to use your account nor assist anyone who is not a registered user to gain access to the Services. You agree to notify us if you become aware of any unauthorized use of your login credentials and to change your password immediately using the built-in functionalities made available to you. If you forget your password, you are responsible for obtaining a new password by following the “reset password” instructions.

Information between accounts may be shared when those accounts are both involved in the same transaction. For example, if you and your spouse wish to co-apply for a financial arrangement, you may act as a main applicant and add your spouse to the application as a co-applicant. In those situations, you (acting as the main applicant): (i) are responsible for adding the co-applicant’s details and documents to the co-application; and (ii) represent and warrant that a valid consent has been obtained from the concerned co-applicant for Loans Canada to collect and process his/her information in compliance with applicable privacy law and as set forth in our Privacy Policy.

Security

The security of your personal information is very important to us. We use physical, electronic, and administrative measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. 

Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.

The safety and security of your information also depends on you. Users are responsible for obtaining their own access to the Website. Users are required to ensure that all persons who access the Website through a user’s internet connection are aware of these Terms of Use and comply with them. The Website, including content or areas of the Website, may require user registration. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. 

Your provision of registration information and any submissions you make to the Website through any functionality (collectively, “Interactive Functions“) constitutes your consent to all actions we take with respect to such information consistent with our Privacy Policy, found at www.loanscanada.ca/privacy-policy/. 

Any username, password, or any other piece of information chosen by you, or provided to you as part of our security procedures, must be treated as confidential, and you must not disclose it to any other person or entity. You must exercise caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You understand and agree that should you be provided an account, your account is personal to you and you agree not to provide any other person with access to this Website or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you log out from your account at the end of each session. You are responsible for any password misuse or any unauthorized access. 

Intellectual Property Rights and Ownership

You understand and agree that the Website and its entire contents, features, and functionality, including, but not limited to, all information, software, code, data text, displays, graphics, photographs, images, video, audio, music, broadcast, design, presentation, website layout, selection, and arrangement, are owned by Loans Canada, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights. 

The Loans Canada name, Loans Canada logo, and all related names, logos, product and service names, designs, images, and slogans are trademarks of Loans Canada or its affiliates or licensors. You must not use such marks without the prior written permission of Loans Canada. Other names, logos, product and service names, designs, images, and slogans mentioned, or which appear on this Website are the trademarks of their respective owners. Use of any such property, except as expressly authorized, shall constitute an infringement or violation of the rights of the property owner and may be a violation of federal or other laws and could subject the infringer to legal action.

You may only use the Website for your personal and non-commercial use. Except as otherwise set out herein, you shall not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, in any form or medium whatsoever.

If you print off, copy, or download any part of our Website in breach of these Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. You have no right, title, or interest in or to the Website or to any content on the Website, and all rights not expressly granted are reserved by Loans Canada. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may infringe or violate copyright, trademark, and other intellectual property or other proprietary laws.

Conditions of Use

As a condition of your access and use, you agree that you may use the Website only for lawful purposes and in accordance with these Terms of Use. 

The following content standards apply to any and all content, material, and information a user submits, posts, publishes, displays, or transmits (collectively, “submit“) to the website, to other users or other persons (collectively, “User Submissions“) and any and all Interactive Functions. Any and all User Submissions must comply with all applicable federal, provincial, local, and international laws, regulations, and terms of service. 

We strive for complete transparency in our dealings with you. We expect the same level of respect in return. This principle is embodied in our acceptable use policy for the Services.

When you upload documents or other information as part of the Services, the following acceptable use policy applies: (i) the copy uploaded must be a true and accurate copy of the original document, (ii) the original document from which the copy/scan was made must be authentic and valid; (iii) the documents must not create a misleading impression of your financial and other circumstances, whether by omission or otherwise; (iv) you must not knowingly upload inaccurate, outdated, or incomplete documents; (v) you must not knowingly upload documents which contain illegal or infringing content, or which you do not have the right to use and copy.

Without limiting the foregoing, you warrant and agree that your use of the Website and any User Submissions shall not:

1. use the Website in any manner that may: (i) dilute or depreciate the name and reputation of Loans Canada, any trademarks or tradenames, partners, licensors, content providers, service providers or contractors thereof, as applicable; (ii) interfere with any other persons’ use and enjoyment of the Website or of the Internet generally; (iii) result in the circumvention or breach of any user authentication, password, security or control measures regarding the Website or any other internet resource or computer system; or (iv) disclose images of any person or private information about any person (such as names, telephone numbers, e-mail addresses, postal addresses, social insurance or other security number) without that person’s permission.
2. When interacting with third parties who are offering the financial arrangements (via the Services or otherwise) you must maintain the same level of honesty and candour. You must not knowingly or recklessly mislead them about relevant facts and must proactively provide all relevant information of which you are aware.
3. In any manner violate any applicable federal, provincial, local, or international law or regulation including, without limitation, any laws regarding the export of data or software, patent, trademark, trade secret, copyright, or other intellectual property, legal rights (including the rights of publicity and privacy of others) or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy found at www.loanscanada.ca/privacy-policy/
4. In any manner violate the terms of use of any third-party website that is linked to the Website, including but not limited to, any third-party social media website.
5. Include or contain any material that is exploitive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age or other such legally prohibited ground or be otherwise objectionable, such determination to be made in Loan Canada’s sole discretion.
6. Involve stalking, attempting to exploit or harm any individual (including minors) in any way by exposing them to inappropriate content or otherwise or ask for personal information as prohibited under applicable laws, regulations, or code.
7. Involve, provide, or contribute any false, inaccurate, or misleading information. 
8. Impersonate or attempt to impersonate Loans Canada, a Loans Canada employee, another user, or any other person or entity (including, without limitation, by using email addresses, or screen names associated with any of the foregoing).
9. Transmit, or procure the sending of, any advertisements or promotions, sales, or encourage any other commercial activities, including, without limitation, any “spam”, “junk mail”, “chain letter”, contests, sweepstakes and other sales promotions, barter, or advertising or any other similar solicitation. 
10. Encourage any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm Loans Canada or users of the Website or expose them to liability.
11. Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, or alarm any other person.
12. Promote any illegal activity, or advocate, promote, or assist any unlawful act.
13. Give the impression that they originate from or are endorsed by us or any other person or entity, if this is not the case.

You are prohibited from attempting to circumvent and from violating the security of the Website, including, without limitation: 

1. Accessing content and data that is not intended for you.
2. Attempting to breach or breaching the security and/or authentication measures which are not authorized. 
3. Restricting, disrupting or disabling service to users, hosts, servers, or networks.
4. Disrupting network services and otherwise disrupting Website owner’s ability to monitor the Website.
5. Using any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
6. Introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
7. Attacking the Website via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing, or crashing.
8. Otherwise attempting to interfere with the proper working of the Website.

We reserve the right at any time and from time to time, to disable or terminate your account, any username, password, or other identifier, whether chosen by you or provided by us, in our sole discretion for any or no reason, including any violation of any provision of these Terms of Use.

User Submissions: Grant of Licence

The Website may contain Interactive Functions allowing User Submissions on or through the Website.

By providing any User Submission to the Website, you grant us and our licensees, successors, and assigns the right to a world-wide, royalty-free, non-exclusive licence to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material and/or incorporate such material into any form, medium or technology throughout the world to the extent reasonably required by us to provide the Website to our customers, to ensure adherence to or enforce the terms of these Terms of Use, or as otherwise permitted by these Terms and our Privacy Policy found at www.loanscanada.ca/privacy-policy/.

By submitting the User Submissions, you declare and warrant that you own or have the necessary rights to submit the User Submissions and have the right to grant the licence hereof to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns to the User Submissions and comply with these Terms of Use. You represent and warrant that all User Submissions comply with applicable laws and regulations.

You understand and agree that you, not Loans Canada, are fully responsible for any User Submissions you submit or contribute, and you are fully responsible and legally liable, including to any third party, for such content and its accuracy. We are not responsible or legally liable to any third party for the content or accuracy of any User Submissions submitted by you or any other user of the Website. 

Website Monitoring and Enforcement, Suspension, and Termination

Loans Canada has the right, without provision of notice to:

• Remove or refuse to post on the Website any User Submissions for any or no reason in our sole discretion.
• At all times, take such actions with respect to any User Submission deemed necessary or appropriate in our sole discretion, including, without limitation, for violating the Terms of Use.
• Take appropriate legal action, including, without limitation, referral to law enforcement or regulatory authority, or notifying the harmed party of any illegal or unauthorized use of the Website. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website.
• Terminate or suspend your access to all or part of the Website for any or no reason, including, without limitation, any violation of these Terms of Use.

YOU WAIVE AND HOLD HARMLESS LOANS CANADA AND ITS AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, AND SUCCESSORS FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY LOANS CANADA AND ANY OF THE FOREGOING PARTIES RELATING TO ANY, INVESTIGATIONS BY EITHER LOANS CANADA OR SUCH PARTIES OR BY LAW ENFORCEMENT AUTHORITIES.

We have no obligation, nor any responsibility to any party to monitor the Website or its use, and do not and cannot undertake to review material that you or other users submit to the Website. We cannot ensure prompt removal of objectionable material after it has been posted and we have no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party, subject to applicable laws. 

No Reliance 

The content on our Website is provided for general information purposes only. It is not intended to amount to advice on which you should rely. You must obtain more specific or professional advice before taking, or refraining from, any action or inaction on the basis of the content on our site. 

While the Website offers information on a variety of financial products or services, there may be other products and/or services available that are not displayed on the Website and which may be better suited to you. In such a case, Loans Canada has no responsibility or liability whatsoever for informing you of all available products and services.

Although we make reasonable efforts to update the information on our Website, we make no representations, warranties, or guarantees, whether express or implied, that the content on our Website is accurate, complete, or up to date. Your use of the Website is at your own risk and neither Loans Canada nor its affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors have any responsibility or liability whatsoever for your use of this Website.

This Website may include content provided by third parties, including from other users and third-party licensors. All statements and/or opinions expressed in any such third-party content, other than the content provided by Loans Canada, are solely the opinions and the responsibility of the person or entity providing those materials. Such materials do not necessarily reflect the opinion of Loans Canada. Neither Loans Canada nor its affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors have any responsibility or liability whatsoever to you, or any third party, for the content or accuracy of any third-party materials.

Privacy

By submitting your personal information and using our Website, you consent to the collection, use, reproduction, hosting, transmission, and disclosure of any such user content submissions in compliance with our Privacy Policy, found at www.loanscanada.ca/privacy-policy/, as we deem necessary for use of the Website and provision of the Services. 

Without limiting the generality of the foregoing, if you sign-up for Loans Canada’s credit score service, you authorize Loans Canada to retrieve your credit information and any additional information maintained by Equifax Canada credit reporting agency. By using the Services, you give Loans Canada permission to retrieve this information from identified third parties and you expressly authorize such third parties to disclose your information to us. 

By using this Website you are consenting to the use of cookies which allow a server to recall previous requests or registration and/or IP addresses to analyze website use patterns. You can set your browser to notify you before you receive a cookie, giving you the chance to decide whether to accept it. You can also set your browser to turn off cookies. If you do, however, some areas of the Website may not function adequately. For more information on this automated information gathering practices, see www.loanscanada.ca/privacy-policy/.

Third-Party Websites; Other Users 

For your convenience, this Website may provide links or pointers to third-party sites. We make no representations about any other websites that may be accessed from this Website. If you choose to access any such sites, you do so at your own risk. We have no control over the contents of any such third-party sites and accept no responsibility for such sites or for any loss or damage that may arise from your use of them. You are subject to any terms and conditions of such third-party sites. 

Each Website user is solely responsible for their User Submissions.  Because we do not control User Submissions, you acknowledge and agree that we are not responsible for any User Submission, whether provided by you or by other users of the Website. You agree that Loans Canada will not be responsible for any loss or damage incurred as the result of any interaction you may have with other users and/or such users’ User Submissions. If there is a dispute between you and any Website user, we are under no obligation to become involved.

Marketing Offers and Recommendations

In conjunction with your use of the Services, Loans Canada may send you marketing offers and/or recommendations regarding financial services or products from third parties that may be of interest to you (“Third Party Recommendations”). 

Loans Canada makes no claims or assurances regarding your eligibility or qualification for such Third Party Recommendations. If you have any inquiries regarding any Third Party Recommendation, you must contact the third party directly.  

You acknowledge and understand that Loans Canada has no control over or liability for the Third Party Recommendations or any loss you may experience as a result of using such Third Party Recommendations and that Loans Canada is simply informing you of Third Party Recommendations that we believe may be of interest to you. You should use your own judgement and obtain any additional advice you require to make an informed decision when entering into an arrangement with a third party.

In compliance with our privacy policy, Loans Canada may also use your account information to pre-qualify or pre-select you for offers such as personal loans or credit card offers (“Pre-Qualification Offers”). Loans Canada will decide, in its sole discretion, with which participating providers it checks for Pre-Qualification Offers, as well as when and how often. These Pre-Qualification Offers may lead to a soft credit check from Loans Canada which won’t affect your credit score. Pre-Qualification Offers are tentative and do not guarantee approval. Users interested in a Pre-Qualification Offer must still submit an application with the participating provider. In the event that the participating providers runs a hard inquiry, it may affect your credit scores. 

Awards and Promotions

In connection with the Services offered by Loans Canada on the Website, we may offer or partner with third parties to sponsor certain contests, scholarships, or promotions. Each of these activities shall be governed by the specific rules accessible from the pages of the Website offering the promotion or that are otherwise made available to you prior to the submission of your entry. 

Geographic Restrictions

The owner of the Website is based in Ontario, Canada. We provide this Website for use only by persons located in Canada. This Website is not intended for use in any jurisdiction where its use is not permitted. If you access the Website from outside Canada, you do so at your own risk and you are responsible for compliance with local laws of your jurisdiction.

The laws of certain jurisdictions, including Quebec, do not allow statutory warranties, liability or exclusion or limitation of certain damages, or restrictions of expression regarding goods or services. If these laws apply to you, some or all of the exclusions or restrictions set out herein may not apply to you. In such cases, exclusions/restrictions shall instead be applied to the maximum extent permitted by applicable law. 

Disclaimer of Warranties

Loans Canada aims to keep the content contained within our services as up-to-date and accurate as possible, however, we cannot guarantee that it will always be accurate and complete due to the possibility of errors, omissions, changes within legislations, laws, policies and so forth. 

As mentioned above,  the Services, financial hub and comparison platform may provide financial forecasts, including, for example, forecasts for future billing (each “forecast“). You understand and acknowledge that forecasts are merely an attempt to predict facts related to your bank account and do not guarantee the accuracy of such forecasts. In addition, you understand and acknowledge that certain information involving government benefits, laws pertaining to lenders, taxes and all other financial, government-based and social information pertaining to government funding and or taxes are susceptible to change and in no way is Loans Canada responsible for such changes nor for an immediate update of all content reflecting such changes. 

You understand and acknowledge that all informational content shared by Loans Canada on existing platforms is susceptible to change and Loans Canada is not responsible for the immediate update and notification of such changes, including products and content provided by affiliates and partners.  Unless expressly stated herein, you are solely responsible for your use of the Loans Canada Website and Services, and any decisions you make to action. 

You acknowledge and understand that we do not reserve any implied warranties or conditions of any kind. www.LoanCanada.ca is not responsible for any third-party warranties. Loans Canada does not warrant that the functionality of our site or services, including third-party services, to function uninterrupted, error-free, or free of viruses and other harmful components.

WITH THAT IN MIND, YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

NEITHER LOANS CANADA NOR ITS AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS MAKE ANY WARRANTY, REPRESENTATION, OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY, OR AVAILABILITY OF THE WEBSITE OR ITS CONTENTS. WITHOUT LIMITING THE FOREGOING, NEITHER LOANS CANADA NOR ITS AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS REPRESENT OR WARRANT THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE WEBSITE AND YOUR COMPUTER, INTERNET, AND DATA SECURITY. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAILBOMBING, OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

Limitation on Liability

EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL LOANS CANADA NOR ITS AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, 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, BREACH OF PRIVACY, OR OTHERWISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, THE WEBSITE, ANY LINKED WEBSITES OR SUCH OTHER THIRD-PARTY WEBSITES, NOR ANY WEBSITE CONTENT, MATERIALS, POSTING, OR INFORMATION THEREON EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW.

Indemnification

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Loans Canada, its affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your breach of these Terms of Use or your use of the Website, including, but not limited to, your User Submissions, third-party sites, any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use.

Governing Law and Choice of Forum

The Website and these Terms of Use will be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle, or rule (whether of the laws of the Province of Ontario or any other jurisdiction) and notwithstanding your domicile, residence, or physical location.  

We try and provide users with a good experience, however, we understand there may be issues.  You agree to first try and resolve any dispute about anything related to Loan Canada informally by contacting Loans Canada in writing at the contact information below.  If that doesn’t work, then after a period of 60 days from the date you notify Loans Canada in writing about your concerns, any action or proceeding arising out of or relating to this Website and under these Terms of Use will be instituted in the courts of the Province of Ontario, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.

Waiver 

No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from these Terms of Use operates, or may be construed, as a waiver thereof; and no single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

Severability

If any term or provision of these Terms of Use is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms of Use or invalidate or render unenforceable such term or provision in any other jurisdiction.

Modifications to the Terms of Use and to the Website 

We reserve the right in our sole discretion to revise and update these Terms from time to time. Any and all such modifications are effective immediately upon posting and apply to all access to and continued use of the Website. You agree to periodically review the Terms in order to be aware of any such modifications and your continued use shall be your acceptance of these. 

The information and material on this Website, and the Website, may be changed, withdrawn, or terminated at any time in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Website is restricted to users or unavailable at any time or for any period.

Entire Agreement

These Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Loans Canada regarding the Website and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter. 

Reporting and Contact

This website is operated by Loans Canada Inc., 1801-1 Yonge Street, Toronto, ON, M5E 1W7, Canada.

Should you become aware of misuse of the website including libelous or defamatory conduct, you must report it to Loans Canada at legal@loanscanada.ca. 

All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to legal@loanscanada.ca.

August 21, 2022