Terms of Use

Effective Date: December 4, 2019

These Terms and Conditions of Use ("Terms of Use") apply to the website owned, operated, licensed, and controlled by LendDirect Corp. (“LendDirect”), including its related, affiliated or subsidiary companies located at www.lenddirect.ca, and all associated LendDirect sites linked to this website and mobile applications (collectively, the "Site"). This Site is the property of LendDirect. As used herein, "Customer(s)" means anyone who accesses and/or uses the Site.

PLEASE READ THE FOLLOWING TERMS CAREFULLY. BY DOWNLOADING OR USING ANY OF THE INFORMATION, MATERIALS, OR FUNCTIONS AVAILABLE ON THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS OF USE, INCLUDING OUR PRIVACY POLICY. IF YOU ARE NOT ELIGIBLE TO USE OUR SERVICES (PLEASE SEE OUR ELIGIBILITY CRITERIA BELOW), OR DO NOT AGREE TO THESE TERMS, THEN PLEASE DO NOT USE OUR SERVICES OR THE SITE.

Privacy Policy

Please review our Privacy Policy to understand our practices, including the collection, disclosure and use of personally identifiable information (“PII”). Our Privacy Policy is incorporated by reference in these Terms of Use. By using the Site, you are also consenting to the Privacy Policy.

Changes to Terms of Use

We may make changes to these Terms of Use from time to time. Changes will be posted on the Site and will indicate at the top of this page the date the Terms of Use were last revised. You understand and agree that your continued use of the Site after we have made any such changes constitutes your acceptance of the new Terms of Use.

Eligibility; General

This Site is intended solely for natural persons, eighteen (18) years of age or older. Use by those that do not fit these requirements is in violation of these Terms of Use. By using the Site, you represent and warrant that, if you are a natural person and 18 years of age or older, you agree to and will abide by all of the terms and conditions of these Terms of Use. If you violate any of these Terms of Use, or otherwise violate an agreement between you and us, LendDirect may prohibit you from using or accessing the Site at any time in its sole discretion, with or without notice, including, without limitation, if it believes that you are under 18 years of age.

Restrictions on Data Collection and Termination

Without our prior consent, you may not:

Use any automated means to access this Site or collect any information from the Site (including, without limitation, robots, spiders, scripts or other automatic devices or programs);
Frame the Site, utilize framing techniques to enclose any content or other proprietary information, place pop-up windows over this Site's pages, or otherwise affect the display of this Site's pages;
Engage in the practices of "screen scraping," "database scraping,” or any other activity with the purpose of obtaining content or other information;
Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of commercial or non-commercial solicitation or bulk communications of any kind to any employee or third party;
Use data provided by LendDirect, provided in any manner whatsoever, for any competing uses or purposes. You further agree that you have never used data, provided in any manner whatsoever, from LendDirect in the past to compete with the products or services of LendDirect; or
Use this Site in any manner that violates applicable law or that could damage, disable, overburden, or impair this Site or interfere with any other party's use and enjoyment of this Site.

Customer Representations

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:

Upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
Except where authorized by LendDirect, register for more than one account, register for an account on behalf of an individual other than yourself, operate an account on behalf of or for the benefit of any person who is not eligible to register for or operate an account in their own name;
Impersonate any person, or falsely state or otherwise misrepresent yourself, your age or your affiliation with, or authority to act on behalf of, any person;
Upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
Solicit personal information from any natural person under 18 years of age or solicit passwords or PII for commercial or unlawful purposes from any Customer;
Upload, post, transmit, share or otherwise make available any material that contains software viruses or any other malicious or tracking computer code, files or programs designed to track, interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
Do any of the following: (i) access data that is not intended for you; (ii) invade the privacy of, obtain the identity of, or obtain any personal information about any Customer of this Site; (iii) probe, scan or test the vulnerability of this Site or the LendDirect network or breach security or authentication measures without proper authorization; (iv) attempt to interfere with service to any Customer, host or network or otherwise attempt to disrupt our business, including, without limitation, via means of submitting a virus to this Site, overloading, "flooding," "spamming," "mail bombing" or "crashing;" or (v) send unsolicited email, including promotions and/or advertising of products and services. Violations of system or network security may result in civil or criminal liability.
Violate, or encourage others to violate, the rights of any party, including by infringing or misappropriating third party intellectual property rights;
Violate the Terms of Use or any other LendDirect policy;
Upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any municipal, provincial, federal or international law;
Use or attempt to use another's account, service or system without authorization from that person and LendDirect;
Upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of LendDirect, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose LendDirect or its Customers to any harm or liability of any type; or
Attempt to do any prohibited conduct, or inappropriate use, or assist or permit any persons in engaging or attempting to engage in any prohibited conduct, or inappropriate use, as determined by us in our sole discretion.

CONSENT TO ELECTRONIC TRANSACTIONS AND DISCLOSURES

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., 4-2880 Queen Street East, Suite # 316, Brampton, ON L6S 6E8.

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.

POTENTIAL DISRUPTION OF SERVICE

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.

SITE AND ACCOUNT SECURITY

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.

Accounts and Registration

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.

Mobile Device Usage

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.

INTELLECTUAL PROPERTY MATTERS

Trademarks

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.

Copyright Complaints

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, 3615 N Ridge Rd., Wichita, KS 67205, Attn: Legal Department, as set forth below:

Name of Agent Designated to Receive Notification of Claimed Infringement;
Full Address of Designated Agent to Which Notification should be Sent;
Telephone Number of Designated Agent;
Facsimile Number of Designated Agent; and
Email Address of Designated Agent;

To meet the notice requirements under the Digital Millennium Copyright Act, the notification must be a written communication that includes the following:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and, if available, an electronic email address at which the complaining party may be contacted;
A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Submissions

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.

MISCELLANEOUS TERMS

Links to Other Websites and Content

The Site may contain (or you may be sent through the Site) links to other websites ("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.

Disclaimers

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.

Limitation on Liability

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.

Governing Law; Venue and Jurisdiction

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.

Indemnity

By using the Site, you agree to indemnify and hold LendDirect, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with your Customer content, any Third Party Content you post or share on or through the Site, your use of the Site, your conduct in connection with the Site or with other Customers of the Site, or any violation of these Terms of Use or of any law or the rights of any third party.

Severability

Any failure by LendDirect to exercise any rights or enforce any of these Terms of Use shall not constitute a waiver of such rights or terms with regard to the use of the Site. If any provision of these Terms of Use or their application in a particular circumstance is held to be invalid or unenforceable to any extent, the remainder of these Terms of Use, or the application of such provision in other circumstances, shall not be affected thereby, and each provision hereof shall be valid and enforced to the fullest extent permitted by law. These Terms of Use constitute the entire agreement between you and LendDirect with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and LendDirect with respect to such use are hereby superseded and cancelled.

Contact Information

If you have questions about these Terms of Use, please contact Customer Service:
Phone: 1-855-630-5363
Email: CustomerService@LendDirect.ca