Canada Finances (“CF”, “we”, “our” or “us”) operates the CanadaFinances.ca
website (the “Website”) and provides the products and services offered on
the Website. By using the Website in any way, you (“you” or the “User”)
accept these terms and conditions of use (the “Terms”). If you do not wish
to be bound by the Terms, if you are located outside Canada or if you are
not the age of majority in your province of residence, do not use the
Website. Please read these Terms carefully before you start to use the
Website. Acceptance of Terms The Terms are electronic contract that
establish the legal terms you must accept to use the Website. The Terms
include our Privacy Policy. By accessing or using the Website, you accept
the Terms and agree to the terms, conditions and notices contained or
referenced herein and consent to have the Terms and all notices provided to
you in electronic form. The Terms may be modified by us from time to time,
such modifications to be effective upon being posted on the Website. We
shall notify you of changes to the Terms through notices on the Website or
by email, or both. No Advice The Website provides information only and is
not a definitive statement on the matters discussed on the Website. The
Website does not provide financial, credit or other advice and nothing
presented on the Website constitutes professional advice of any type. You
should obtain appropriate advice from a qualified professional prior to
acting on any information provided on the Website. Permitted Use of Website
We grant you a non-transferable, non-exclusive, revocable, limited licence
to use and access the Website solely for your own personal, non-commercial
use. Access to and use of the Website other than for your personal,
non-commercial purposes is strictly prohibited. You shall not use the
Website for unlawful, fraudulent, or commercial purposes or any other manner
prohibited by the Terms. You are not permitted to use the Website to:
upload, transmit, or distribute to or through the Website any computer
viruses, worms, or any software intended to damage or alter a computer
system or data; utilize, in any manner, the Website to send unsolicited or
unauthorized advertising, promotional materials, junk mail, spam, chain
letters, pyramid schemes, or any other form of duplicative or unsolicited
messages, whether commercial or otherwise; use the Website to harvest,
collect, gather or assemble information or data regarding other Users,
including e-mail addresses, without their consent; interfere with, disrupt,
or create an undue burden on servers or networks connected to the Website,
or violate the regulations, policies or procedures of such networks; attempt
to gain unauthorized access to the Website (or to other computer systems or
networks connected to or used together with the Website); harass or
interfere with any other Website user’s use and enjoyment of the Website;
use software or automated agents or scripts to generate automated searches,
requests, or queries to (or to strip, scrape, or mine data from) the
Website; “frame” or “mirror” any part of the Website, without our prior
written authorization or use meta tags or code or other devices containing
any reference to us or the Website in order to direct any person to any
other websites for any purpose; tamper with, modify, copy without express
permission, amend, make derivative or reverse engineer any part of the
Website; or licence, sell, rent or lease any part of the Website. Third
Party Links We may provide links through the Website to the websites of
third parties. These Websites are owned and operated by third parties over
whom we do not have control. We have not reviewed all such linked platforms
and accept no responsibility for the contents of third party websites or
third party products or services offered on such websites. The inclusion of
any link does not imply endorsement by us of such platform. Use of any such
linked platform is at your own risk. Any links to third party websites are
provided for your interest and convenience only. We are not responsible or
liable for any loss or damage you may suffer or incur in connection with
your use of any third party website or for any acts, omissions, errors or
defaults of any third party in connection with their products or services.
Intellectual Property We own and retain all proprietary rights in the
Website, and in all content, trademarks, trade names, service marks and
other intellectual property rights related thereto. The Website contains
copyrighted material, trademarks, and other proprietary information owned by
us. You shall not copy, modify, transmit, create any derivative works from,
make use of, or reproduce in any way any copyrighted material, trademarks,
trade names, service marks, or other intellectual property or proprietary
information accessible through the Website. You agree to not remove, obscure
or otherwise alter any proprietary notices appearing on any Website content,
including copyright, trademark and other intellectual property notices.
Subject to Section 3.1, no license is granted to you or any other party for
the use of any of our intellectual property. Any third party trademarks,
service marks or other intellectual property displayed on the Website are
used with the authorization of the owner of the intellectual property,
subject to their guidelines for use. You are not authorized to use,
reproduce or modify any third party intellectual property on our Website,
and are not responsible for any loss or damage you may suffer or incur in
connection with your use of any third party intellectual property for your
own purpose. We may, in appropriate circumstances and at its discretion,
terminate your access to the Website if you infringe our intellectual
property rights or those of any other user. Disclaimers You agree that: if
you use the Website, you do so at your own and sole risk; if you access or
transmit any content through the use of the Website, you do so at your own
discretion and your sole risk. You are solely responsible for any loss or
damage to you in connection with such actions; we are not responsible for
any incorrect or inaccurate content submitted to the Website, or any
inaccurate or incorrect data generated by the Website whether caused by
users, or by any of the programming associated with or utilized in the
Website; we are not responsible for the conduct, whether online or offline,
of any user of the Website; and we assume no responsibility for any error,
omission, interruption, deletion, defect, delay in operation or
transmission, communications line failure, theft or destruction or
unauthorized access to, or alteration of, user communications. We do not
represent or warrant that: the Website will meet your requirements or that
any particular result (or any result) will be obtained through using the
Website; access to the Website will be uninterrupted, timely, secure, or
error-free; or the quality or reliability of the Website will meet your
expectations or that the Website is accurate, complete, reliable, useful,
timely or current. TO THE FULLEST EXTENT PERMITTED BY LAW, CF, ITS
AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, AGENTS, MEMBERS AND
SUPPLIERS (THE “CF PARTIES”) DISCLAIM ANY AND ALL REPRESENTATIONS,
WARRANTIES AND CONDITIONS WITH RESPECT TO THE WEBSITE, WHETHER EXPRESS,
IMPLIED, STATUTORY OR OTHERWISE, OR ARISING BY COURSE OF DEALING OR USAGE OF
TRADE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT,
MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, OR THAT ANY PARTICULAR
RESULT (OR ANY RESULT) BE OBTAINED THROUGH USING THE WEBSITE. WE ASSUME NO
RESPONSIBILITY, AND ARE NOT LIABLE FOR, ANY DAMAGES TO YOUR EQUIPMENT, DATA
OR OTHER PROPERTY AS A RESULT OF YOUR INSTALLATION OF, ACCESS TO, USE OF OR
BROWSING ON OUR PRODUCTS OR SERVICES OR YOUR DOWNLOADING OF ANY MATERIAL, OR
INABILITY TO DO ANY OF THE FOREGOING. WE ARE NOT RESPONSIBLE FOR THE ACTIONS
OF ANY USERS OR THIRD PARTIES AND YOU RELEASE THE CF PARTIES FROM ALL
CLAIMS, COMPLAINTS OR CAUSES OF ACTION RELATED TO OR ARISING FROM ANY SUCH
CLAIM THAT YOU MAY HAVE AGAINST A USER OR A THIRD PARTY. Liability To the
extent not prohibited by law, CF will not be liable for any damages
whatsoever, including direct, indirect, incidental, punitive, special,
consequential or exemplary damages arising from, relating to or connected
with: the use or inability to use the Website; actions or inactions of other
Users or any other third parties for any reason; or any other matter arising
from, relating to or connected with the Website or the Terms. THIS IS A
COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES
OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY,
PUNITIVE OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME
OR PROFITS OR FAILURE TO REALIZE ANTICIPATED BENEFITS), WHETHER BASED IN
CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE), STRICT
LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN
OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE WEBSITE
OR THESE TERMS YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE
WEBSITE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE
EXCLUDED OR LIMITED UNDER APPLICABLE LAW. ACCORDINGLY, TO THE EXTENT THAT
ANY EXCLUSION OF WARRANTIES OR LIMITATIONS OF LIABILITY DO NOT APPLY IN
CERTAIN JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT
PERMITTED UNDER APPLICABLE LAWS. IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU
UNDER ANY THEORY OF LIABILITY EXCEED THE AMOUNT OF FIFTY CANADIAN DOLLARS
($50). We will not be liable for any failure or delay in performing under
the Terms where such failure or delay is due to causes beyond our reasonable
control, including natural catastrophes, governmental acts or omissions,
laws or regulations, terrorism, labor strikes or difficulties, communication
system breakdowns, hardware or software failures, transportation stoppages
or slowdowns or the inability to procure supplies or materials. You
acknowledge and agree that the disclaimers of warranties above and these
limitations of liability are an agreed upon allocation of risk between you
and us. You acknowledge and agree that if you did not agree to these
limitations of liability you would not be permitted to access the Website.
You acknowledge and agree that such provisions are reasonable and fair.
Indemnity You agree to defend, indemnify and hold us, and our subsidiaries,
parents, affiliates, and each of our and their directors, officers,
managers, partners, agents, other representatives, employees and customers
(each an “Indemnified Party” and collectively, the “Indemnified Parties”),
harmless from any claim, demand, action, damage, loss, cost or expense,
including without limitation, lawyers’ fees and costs, investigation costs
and settlement expenses, incurred in connection with any investigation,
claim, action, suit or proceeding of any kind brought against any
Indemnified Party arising out of your use of the Website, any injury or
damage to property or person, any act by you in connection with any user of
the Website or any other third party, or alleging facts or circumstances
that could constitute a breach by you of any provision of these Terms.
Privacy We are committed to protecting your privacy. We process your
information in line with our Privacy Policy. By using the Website, you agree
to the way in which we process and deal with your personal information as
set out in the Privacy Policy. Termination These Terms shall apply whenever
you use the Website. If you stop using the Website or we terminate the
Website, the provisions of these Terms, which should by their nature,
survive termination will survive such termination, including, without
limitation, Sections 1, 2, 3.2, 4, 5, 6, 7, 8, 12, and 13. Upon termination,
your Personal Information will be dealt with in accordance with our Privacy
Policy. Advertising An offer or promotion advertised on the Website is
subject to availability and is not an indication of availability. We reserve
the right to amend, modify, extend or cancel any offer or promotion without
advance notice. Feedback If you provide us with any feedback or suggestions
regarding the Website (“Feedback”), you hereby assign to us all rights in
such Feedback and agree that we shall have the right to use and fully
exploit such Feedback and related information in any manner we deem
appropriate. We will treat any Feedback you provide to us as
non-confidential and non-proprietary. You agree that you will not submit to
us as Feedback any information or ideas that you consider to be confidential
or proprietary. Miscellaneous Nothing in the Terms shall be construed as
making either party the partner, agent, legal representative, employer or
employee of the other. You shall not assign your rights and obligations
according to the Terms, in whole or in part, whether voluntarily or by
operation of law, without our prior written consent. Any purported
assignment by you without the appropriate prior written approval will be
null and void and of no force or effect. These Terms may be assigned by us
at any time, including to an affiliate or in connection with a sale of all
or part of the business or undertaking of CF. These Terms shall be
interpreted only in accordance with the laws of the province of British
Columbia, Canada and the laws of Canada applicable therein, excluding its
conflict of laws rules and all private international laws. In accordance
with our right to protect against fraudulent applications / activities, CF
reserves the right to investigate and further make use of the information
provided on this site/domain or any of its affiliates/partners to determine
the facts provided in such cases along with proprietary machine learning
algorithms to identify false applications and even pursue verification in
such cases. PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT
REQUIRES YOU TO ARBITRATE DISPUTES INDIVIDUALLY AND PREVENTS YOU FROM SUING
IN COURT OR HAVING A JURY TRIAL. Subject as set out below, any dispute,
claim, or controversy arising out of or related to these Terms of Use and
the breach, termination, enforcement, interpretation, or validity thereof,
including the determination of the scope or applicability of these Terms of
Use to arbitrate, will be referred to and finally resolved by arbitration.
Notwithstanding the preceding sentence, neither CF nor you are required to
arbitrate any dispute in which either party seeks equitable or other relief
for the alleged unlawful use of copyrights, trademarks, trade names, logos,
trade secrets, or patents. The Federal Court of Canada and the Supreme Court
of British Columbia, Vancouver Registry, and any courts which may hear
appeals from those courts, will have exclusive jurisdiction over any suit
not subject to arbitration. You and CF will (a) notify each other of any
dispute within 30 days of when it arises and (b) attempt informal resolution
prior to any demand for arbitration. Arbitration will be administered by the
British Columbia International Commercial Arbitration Centre (“BCICAC”) (or
its successor) pursuant to its Domestic Commercial Arbitration Shorter Rules
of Procedure, and conducted by a single arbitrator in Vancouver, British
Columbia, Canada, unless the arbitrator determines differently. The
appointing authority will be the BCICAC. The language of the arbitration
will be English. Except as expressly provided herein, the arbitrator has the
authority to grant any remedy that would otherwise be available in Court.
Whether the dispute is heard in arbitration or in Court, you will not
commence a class action, class arbitration or other representative action or
proceeding against CF. The Terms will be binding and will ensure to the
benefit of the legal representatives, successors and assigns of the parties
hereto. The Terms (and the policies referenced herein and incorporated by
reference) constitute the entire agreement between the parties with respect
to the use of the Website, and you have not relied upon any promises or
representations by us with respect to the subject matter except as set forth
herein. The paragraph headings herein are solely for the sake of convenience
and will not be applied in the interpretation hereof. If any provision of
the Terms is held by a court or arbitration tribunal of competent
jurisdiction to be illegal, invalid, unenforceable, or otherwise contrary to
law, that provision will be interpreted in a manner consistent with
applicable law as nearly as possible to our original intentions and the
remaining provisions of these Terms will remain in full force and effect.
Our failure to exercise or enforce its rights under these Terms does not
waive our right to enforce such right(s). Contact If you have any questions
or concerns about these Terms, you may contact us at team@CanadaFinances.ca.
Disclaimer Payment terms and interest rates can vary. The lowest being 0%
interest and up to 29% interest. We abide by all privacy laws in Canada and
you are under no obligation to use our site. By using our site you
understand all terms and conditions, and that payment, interest rates and
loan terms will be determined at a later date when formal paperwork is
signed.