Effective Date: December 4, 2019
Without our prior consent, you may not:
You agree that you may not use the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site. In addition, you agree not to use the Site to:
Any disclosures will be provided to you electronically through our Site or via electronic mail to the email address you provided. If you require paper copies of such disclosures, you may sign into your account on our Site and print the documents desired.
Scope of Consent. Your consent to receive disclosures and transact business electronically, and our agreement to do so, applies to any transactions to which such disclosures relate. Your consent will remain in effect for so long as you are a Customer and, if you are no longer a Customer, will continue until such time as all disclosures relevant to transactions that occurred while you were a Customer have been made.
Hardware and Software Requirements. In order to access and retain disclosures electronically, you must satisfy the following computer hardware and software requirements: access to the Internet; an email account and related software capable of receiving email through the Internet; supported Web browsing software (Chrome version 32.0 or higher, Firefox version 26.0 or higher, Internet Explorer version 8.0 or higher, or Safari version 7.0 or higher); and hardware capable of running this software. To ensure access and optimal printing of your loan documents in PDF format, you must have Adobe Reader.
Additional Mobile Technology Requirements. If you are accessing the Site and the disclosures electronically via a mobile device (such as a smart phone or tablet), in addition to the above requirements, you must make sure that you have software on your mobile device that allows you to print and save the disclosures presented to you during the application process. These applications can be found for most mobile devices in their respective "app store". If you do not have these capabilities on your mobile device, please access the Site through a device that provides these capabilities.
Withdrawing Consent. You may withdraw your consent to receive disclosures electronically by contacting us at the address below. However, once you have withdrawn your consent you will not be able to complete a loan application on our Site. If you have a pending application on our Site and you withdraw your consent to receive disclosures electronically, we will terminate the application. If you have already received a loan, all previously agreed to terms and conditions will remain in effect, and we will send disclosures to your verified home address provided during application.
How to Contact Us regarding Electronic Disclosures. You can contact us via email at CustomerService@LendDirect.ca. You may also reach us in writing to us at the following address: LendDirect Corp., 400 Carlingview Drive, Toronto ON, M9W 5X9.
Change in Your Contact Information. You agree to keep us informed of any change in your email or home mailing address so that you can continue to receive all disclosures in a timely fashion. If your email address changes, you must notify us of the change by, updating it online in your account, sending an email to CustomerService@LendDirect.ca or calling 1-855-630-5363. You also agree to promptly update your home address and telephone number on the Site if they change.
Access to our Site may from time to time be unavailable, delayed, limited or slowed due to causes beyond our control. We make no guarantees as to the availability of the Site.
You acknowledge that use of a username and a password is an adequate form of security. You acknowledge and agree that Internet transmissions are never completely private or secure and that any message or information you send to the Site may be read or intercepted by others, notwithstanding our efforts to protect such transmissions.
We use industry standard physical, technical and administrative security measures and safeguards to protect the confidentiality and security of your personal information. However, since the Internet is not a 100% secure environment, we cannot guarantee, ensure, or warrant the security of any information you transmit to us. There is no guarantee that information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or administrative safeguards. It is your responsibility to protect the security of your login information. Please note that emails and other communications you send to us through our Site are not encrypted.
To access some of our services, you must register for an account. When you register you will be required to provide us with some information about yourself. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you will be asked to create a password.
You are responsible for maintaining the confidentiality of your account and password. LendDirect is not liable for any harm related to the theft of your access credentials, your disclosure of access credentials, or your decision to allow another person or entity to access and use the Site using your access credentials. You agree to accept responsibility for all activities that occur under your account. If you have reason to believe that your account is no longer secure, then you must immediately notify us at CustomerService@LendDirect.ca or call us at 1-855-630-5363.
Each Customer is only permitted to register for one account. You agree not to register for multiple accounts with LendDirect unless LendDirect has explicitly authorized you to do so.
Use of our services may be made available through a browser on a mobile device or through an application running on a mobile device. You are responsible for all costs incurred by you with respect to using our service on a mobile device, including data usage fees and other telecommunications fees.
LendDirect graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks (collectively, “Trademarks”). LendDirect's Trademarks may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion in the marketplace and may not be copied, imitated, or used, in whole or in part, without the prior written permission of LendDirect.
If you believe that any material on the Site infringes upon any copyright which you own or control, you may send a written notification of such infringement to the following address: LendDirect, 3527 N Ridge Rd., Wichita, KS 67205, Attn: Legal Department, as set forth below:
To meet the notice requirements under the Digital Millennium Copyright Act, the notification must be a written communication that includes the following:
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site (collectively, "Submissions"), provided by you to LendDirect are not confidential and shall become the sole property of LendDirect. LendDirect shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
The Site may contain (or you may be sent through the Site) links to other web-sites ("Third Party Sites"), as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, software and other content belonging to or originating from third parties (the "Third Party Content"). Such Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Content posted on the Site, including without limitation the content, accuracy, offensiveness, opinions, reliability or policies of or contained in the Third Party Sites or the Third Party Content. Inclusion of or linking to any Third Party Site or any Third Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third Party Sites, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third Party Site to which you navigate from the Site.
LENDDIRECT DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, DOCUMENT OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE MATERIAL IN THIS SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. LENDDIRECT CANNOT ENSURE THAT ANY FILES, DOCUMENTS OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. LENDDIRECT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. LENDDIRECT DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST LENDDIRECT FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
EXCEPT WHERE PROHIBITED BY LAW, NEITHER LENDDIRECT, NOR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS OR ASSIGNS OF EACH, SHALL BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS.
IN NO EVENT WILL LENDDIRECT OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE OR THE SERVICE OR ANY OF THE SITE CONTENT OR OTHER MATERIALS ON OR ACCESSED THROUGH THE SITE, EVEN IF LENDDIRECT IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
The interpretation, validity, effect and enforcement of the Terms are governed by the laws of the Province of Ontario and the laws of Canada applicable therein. These laws apply to the access and use of the Site or the Content by you, notwithstanding any conflicts of laws principles, your domicile, residency or physical location. If you obtain a loan, the terms of the loan will be governed by federal laws and the laws of the province of your residence to the extent not preempted, without regard to any principle of conflicts of laws that would require or permit the application of the laws of any other jurisdiction. The Site and the Content are intended for use only in jurisdictions where they may lawfully be provided for use.