ASSERT DIRECT OF CANADA (dba LoanConnect) TERMS OF SERVICE
Last Updated: March 28, 2021
These Terms of Service (“Terms”) are a binding legal agreement between You (i.e. the end-user) (“You”) and Asset Direct of Canada Inc.(“ADC”) and they govern Your use of the ADC services (the “Services”) offered through LoanConnect online platform (the “Platform”). The ADC Platform may be either accessed directly through the ADC website (www.loanconnect.ca) or through the website of our network of referral partners and affiliates (the “Referral Partners”) ADC, through the Platform, provides a search engine which enables users to research and compare loan, mortgage, credit card, financial and other products from various Canadian lenders, credit card providers, credit monitoring services and debt management solution providers (“Service Partners”). ADC helps connect consumers to opportunities to improve their financial situation by working with a full spectrum of lenders and other companies to provide access to new financing alternatives. ADC also works directly with business owners and sales professionals by offering them a consumer portal. Companies that utilize our service can log their clients onto their portal and lead them through an application for financing that offers an instant loan to cover the cost of their product or service.
2. Acceptance of Terms
You may not use the Platform or Services without first agreeing to these Terms. By accessing or using the Platform and/or Services, You expressly acknowledge that You understand and accept these Terms. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU MAY NOT USE OR ACCESS THE PLATFORM OR ANY OF THE SERVICES PROVIDED THROUGH THE PLATFORM.
3. Update to Terms
ADC reserves the right to modify these Terms, and any such modifications will be effective immediately when we post the modified Terms on the ADC website and ADC application. Your continued use of the Services and/or Platform, constitutes Your consent to such changes.
The following definitions apply to these Terms:
- “Applicable Law” means all applicable local, Federal, Provincial and international laws.
- “ADC Content” means, any Content available on, or used to create and operate, the Services or Platform, as well as the selection and arrangement of such Content, but ADC Content excludes User Content.
- “Content” means any text, information, materials, data, video, graphics, pictures, music, logos, marks, designs, hyperlinks, embedded links, URLs, and other types of content.
- “User” means any end-user of any ADC Online Services, including You.
- “User Content” means any Content that You, or other User upload, submit, post, display, transmit or otherwise make available on or to the Platform
The Platform and Services may only be used by individuals who are at least 18 years old, able to form a binding contract and are fully able and competent to satisfy the terms, conditions, and obligations herein.
7. The Service
The Platform and Service provides Users with information and resources regarding private and institutional financial services in Canada and enables Users to research and compare financing services or products. The Service is free to You to use and ADC does not add any fees or commissions to the products or services You are presented. ADC is paid by the Service Partners by charging those providers a fee and/or commission. ADC, its owners, officers, directors, agents, employees, and/or contractors are not licensed or qualified to provide mortgage or general financing services or advice in any manner whatsoever in accordance with Applicable Law.
8. No Endorsement
You acknowledge and understand that ADC, its owners, officers, directors, agents, employees, and/or contractors do not endorse, support or recommend the use of any service, product or other resource which may be found on or through the Platform. You should always check the suitability, adequacy and appropriateness of the product or service that is of interest to You and it is Your sole decision whether to obtain or refrain from obtaining any product or service. If you are in any doubt as to the suitability, adequacy or appropriateness of any product or service referred to on this website, we suggest that you seek independent professional advice before you obtain any product or service via this website.
9. Using the Service
The Services do not constitute an offer by ADC, a Referral Partner, or any third party to sell to You any product or service. ADC does not enter into any contract with You in respect of any lender’s product or services. By submitting Your details, You are making an offer to obtain the relevant product or service from the relevant Service Partner on its terms and conditions that may be accepted or rejected. Service Partners may verify Your social insurance number, driver’s license number, provincial identification, or any other government identifications and review Your information against federal databases to include but not limited to Equifax and TransUnion and to determine credit worthiness, credit standing and/or credit capacity. By submitting Your application and information on the Platform, You agree to allow any and all participating lenders to verify Your information and check Your credit. All finance is subject to employment status and income. Applicants must be 18 or over, terms and conditions apply, guarantees and indemnities may be required by the Service Partner. For certain products and services, ADC may recommend that it carry out a credit check through a licensed credit-referencing agency. A credit check will be optional and must be expressly consented by You, however declining a credit check may limit the range and quality of products or services we can offer to introduce You to. A credit check of this nature is considered a soft credit check and will not adversely affect your credit profile.
10. Intellectual Property Rights
ADC grants to You a limited, personal, non-exclusive, non-transferable license to use the Platform and Services for Your own personal use and not for resale or further distribution. Your right to use the Platform and Services is limited by all terms and conditions set forth in these Terms.
Other than Your User Content, the: (a) Services; (b) ADC Content; (c) Platform and all software available on or in respect of the Services or Platform are the property of ADC or its licensors, and is protected by Canadian and international copyright laws. All rights to the Services, Platform, and ADC Content are expressly reserved. All trademarks, registered trademarks, product names and company names or logos mentioned in the Services or Platform are the property of their respective owners.
Except as otherwise provided in these Terms, You shall not (i) make any modifications, or improvements to, or derivative works of the Platform; (ii) reverse engineer, decompile or otherwise attempt to derive the source code, underlying ideas, algorithms, structure of organization of the Platform; (iii) use any automated software, process, program or system, robot, web crawler, spider, data mining, trawling or other 'screen scraping' software, process, program or system; (iv) resell, sell, export, transfer, distribute, market, and/or sublicense the Platform; or iv) otherwise use the Platform except as authorized pursuant to these Terms.
You may temporarily print, copy, download or store the ADC Content displayed on the Platform for Your own personal use, subject to the following conditions:
- It may not be used for any commercial purposes and may not be commercially exploited, published, distributed, extracted, reutilized or reproduced without our prior written consent.
- It may not be sold or transferred to any third party.
- The copy must retain any copyright or other intellectual property notices contained in the original material.
- You must not modify the paper or digital copies of the ADC Content.
- It may not be excerpted, utilized, used, reproduced, published, reformatted and/or displayed on any other website without our prior written consent.
The status of ADC and its licensors as the authors of such information, content, material or data must be acknowledged.
If You submit ideas, suggestions, commentary or feedback to ADC regarding the ADC Services (or any other product or service offered by ADC) (collectively, "Feedback"), through any means whatsoever, then You agree that ADC may use the Feedback freely and for any purpose.
ADC may review, monitor, and/or remove any Feedback at ADC’s sole discretion and at any time and for any reason, without notice to You, including to comply with legal process or to respond to any claim that any Feedback violates the rights of third parties.
By using the Service, You understand and agree to we may communicate with You by automated push notifications, email, SMS, direct messaging, or other electronic means to provide You with marketing communications, special offers, and account reminders and updates. You may remove Yourself from these communications by clicking the "Unsubscribe" link provided in the footer of the actual email or electronic message.
ADC may terminate or suspend Your access to the Platform or the Services at any time without notice for any reason in our discretion, including the breach of the Terms, fraud, abuse of the Services, or any violation of or Applicable Law. ADC has the sole right to decide whether You are in violation of any of the restrictions set forth in these Terms or Applicable Law.
14. Accuracy of Content and Availability of Platform
While ADC uses reasonable efforts to include accurate and up-to-date information on the Platform, including the ADC Content, ADC does represent, warrant or promise (whether expressly or by implication) that any Content, including the ADC Content, is or remains available, accurate, complete and up to date, free from bugs, errors or omissions or fit or suitable for any purpose. Any reliance You may place on the ADC Content on the Platform is at Your own risk.
While ADC makes commercially reasonable efforts to ensure that the Platform is available, ADC does not represent, warrant or guarantee in any way the Platform's continued availability at all times or uninterrupted use by You of the Platform.
15. Disclaimer of Representations and Limitation of Liability
To the maximum extent permitted by Applicable Law, ADC makes no warranties or conditions regarding the Services and the Platform, and the Services are provided “AS IS” without any kind of warranty. You accept full responsibility for determining whether the ADC Content and/or Services are suitable for any particular purpose and for protecting Yourself against any possible consequential damages.
As stated above, except as otherwise expressly required by Applicable Law, ADC makes no representations, warranties, conditions or other terms (whether express or implied) in relation to the provision of the Platform or Services, including without limitation as to completeness, accuracy and currency or any Content on the Platform, or as to satisfactory quality, or fitness for a particular purpose.
Any views, opinions, advice, reviews, ratings or comments on the Platform (including User Content) do not represent ADC’s views, opinions or advice, should not be relied upon by You and are not checked, monitored, reviewed, verified or endorsed by us. We are not responsible or liable for any loss or damage You may suffer or incur in connection with such views, opinions, advice, reviews, ratings or comments including in relation to their accuracy, truthfulness or completeness.
To the maximum extent permitted by Applicable Law, in no event will ADC, its affiliates, agents, directors, employees, contractors, suppliers or licensors be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, loss of savings You expect to make, loss of business or business opportunity, goodwill, use, data or other intangible losses, that result from the use of, or inability to use, the Services.
To the maximum extent permitted by Applicable Law, ADC assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of the ADC Content; (ii) personal injury or property damage, of any nature whatsoever, resulting from Your access to or use of our Services and/or the Platform; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the Services and/or Platform; (v) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our Platform by any third party; and/or (vi) any errors or omissions in any Content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the service. In no event will ADC, its affiliates, agents, directors, employees, contractors, suppliers, or licensors be liable to You for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding $100.
This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if ADC has been advised of the possibility of such damage. The foregoing limitation of liability applies to the fullest extent permitted by Applicable Law.
You agree to indemnify and hold harmless ADC, its shareholders, directors, affiliates, officers, vendors, licensors, agents, contractors, agents and employees (“ADC Parties”), from all demands, claims, proceedings, awards, action, damages, losses, costs, charges and expenses, including legal fees, incurred by or made against ADC Parties, which result from or relate to Your use of the Services, the Platform, and any website accessed through the Platform, including, but not limited to, any financing agreements between You and a third party accessed through the Platform and any violation of these Terms, including, but not limited to, any violation of any third party rights with respect to Your User Content, or any errors, misrepresentations or inaccuracies in Your User Documents. You will give ADC. prompt notice of any such demand, claim or proceeding that You are aware of.
17. Exclusion of Liability From Service Partner Advice, Assistance,
You can apply for a number of products and services via the Platform. These products and services are not provided by ADC but are instead provided by third party lenders over whom ADC has no control. It is Your responsibility to satisfy Yourself that You wish to obtain any product or service before doing so. ADC and, if applicable, the Referral Partner are not responsible or liable for any loss or damage You may suffer or incur in connection with any product or service You obtain after using the Services or for any acts, omissions, errors or defaults of any third party in connection with that product or service.
Please be aware that the information and descriptions of products and services on the Platform may not represent the complete descriptions of all the features and terms and conditions of those products and services. You must ensure that You carefully read all the features and terms and conditions of any product or service before applying.
If You apply for and obtain any product or service, You will be contracting with a Service Partner who will be providing that product or service to You on their own terms and conditions. It is Your responsibility to ensure that You understand and agree with those terms and conditions before entering into a contract to obtain that product or service. ADC is not responsible or liable for any loss or damage You may suffer or incur in connection with the terms and conditions applying to any contract entered into by You with any third party in relation to any product or service or for any acts, omissions, errors or defaults of any third party in connection with those terms and conditions.
ADC provides links from this Platform and from emails sent to You as part of our service to the websites of third parties. These websites are owned and operated by third parties over whom ADC has no control. You access and use of these third party websites is at Your sole risk and Your sole discretion. You are solely responsible for any use of these third party websites and for any decision to obtain or refrain from obtaining any of the products or services available on such websites. Any links to third party websites are provided for Your interest, information and convenience only and we do not accept responsibility for such third parties, their products or services, their websites or for any information, opinions or views given or advice provided by such third parties (whether on their websites or otherwise). 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 websites or for any acts, omissions, errors or defaults of any third party in connection with their website.
Any views, opinions, advice or assistance which is given or provided to You by a Service Partner after You have used this website do not represent our views, opinions, advice or assistance and are not checked, monitored, reviewed, verified or endorsed by us. ADC does not endorse, recommend or take responsibility for any third party who provides You with any views, opinions advice or assistance. You act or refrain from acting on any third party's views, opinions, advice or assistance at Your sole risk and sole discretion and You are solely responsible for any decision to act or refrain from acting on such views, opinions, advice or assistance. ADC is not responsible or liable for any loss or damage You may suffer or incur in connection with such views, opinions, advice or assistance including in relation to their accuracy, truthfulness or completeness or for any acts, omissions, errors or defaults of any third party in connection with such views, opinions, advice or assistance.
You may be required to complete a registration process as part of Your use of the Platform or Services, which may include the creation of a username, password and/or other identification information. Any username, password and/or other identification information must be kept confidential by You and must not be disclosed to, or shared with, anyone. Where You do disclose to or share with anyone Your username, password and/or other identification information, You are solely responsible for all activities undertaken on this Platform using Your username, password and/or other identification information.
The Platform originates in Canada and is only intended for use by residents of Canada. These Terms will be governed by and construed in accordance with the laws of the province of Ontario and the federal laws of Canada applicable therein. All disputes, proceedings or claims arising out of or in connection with this Platform or the Services will be subject to the exclusive jurisdiction of the Courts of the province of Ontario.
No agency, partnership, joint venture, or employment is created as a result of these Terms and You do not have any authority to bind ADC in any respect whatsoever. Any consent by a party to, or waiver of breach by the other, whether express or implied, will not constitute a consent to or waiver of or excuse for any other different or subsequent breach unless such waiver or consent is in writing and signed by the party claimed to have waived or consented. Except as otherwise provided herein, no term or provision will be deemed waived and no breach excused. These Terms constitute the entire agreement between the parties hereto with respect to the subject matter hereof and cancels and supersedes any prior understandings and agreements between the parties hereto with respect thereto. In the event that any one or more provisions contained in these Terms are held to be invalid, illegal or unenforceable, such invalidity, illegality or unenforceability will not affect any other provisions of these Terms and these Terms will be construed as if such invalid, illegal or enforceable provision had never been contained herein.
If You have any questions relating to these Terms, please contact ADC by e-mail at firstname.lastname@example.org with questions about these Terms.