Changes to These Terms.
To be eligible to use the Services and our Websites and to create binding legal obligations for any liability you may incur as a result of or in connection to such use, you must be at least 18 years old. The Services advertised on our Websites may be subject to separate agreements governing them. You represent and warrant that you meet such requirement and will comply with your obligations in these Terms and any other agreements executed with the Company. Additional terms and conditions may apply to Services offered by or on our Websites and additional terms and conditions may be located on and apply to specific Websites of ours. You agree to abide by such other terms and conditions.
Restricted Availability Based On Location
Our Services are only available in those provinces and territories in Canada in which they may legally be offered. Our web pages do not constitute an offer or solicitation by the Company in any jurisdiction where such a solicitation cannot legally be made, or to any person to whom it is unlawful to make a solicitation.
2. What Does The Company Offer?
The Company offers a variety of financial services including personal loans, guidance and support throughout debt consolidation, debt payout process, and credit score improvement. The Company also offers online platform that allows you to easily manage your accounts online. To start using our Services, you need to submit a completed application that you can find on our Websites.
Your Promise to Pay.
After your application for Services has been reviewed and approved, the Company will secure your promise to pay by securing your affirmative consent to terms and conditions applicable to such the Company Services or transaction (“Personal Loan Agreement”).
After execution of the Personal Loan Agreement, you must create an user account on the Company platform (“Company Account” or “your Account”) in order to easily manage your accounts online or use other Company Services. By creating your Account, you consent to comply with these Terms, and you attest that you are establishing your Account to access and use Company Services.
Account Security and First Time Activation.
The Company does not charge to activate your Account. To create a Company User Account, we require that you enter your credential on the online form.
Autofill of Information.
3. What Information Do We Need?
Collecting Information About You.
By applying for and/or using the Company Services, you authorize the Company, directly or through third parties, to make any inquiries at any time we consider necessary to validate your identity and to collect information about you in accordance with the Customer Identification Program (CIP) rules required by Financial Transactions and Reports Analysis Centre of Canada (FINTRAC) and other statutes enforced by other provincial or federal agencies. This may include asking you for further information that will allow us to reasonably identify you, requiring you to take steps to confirm ownership of your email address or financial instruments, or verifying your information against third party databases or through other sources. We may also ask you for identifying documents to help us validate your identity. The Company reserves the right to close, suspend, or limit access to your Account and/or the Services in the event we are unable to obtain or verify this information.
Credit Report Authorization and Reporting.
You expressly authorize the Company to obtain reports from consumer reporting agencies about you (1) when you apply for the Company Services; and (2) periodically while you are enrolled or using the Company Services (including in the month following the month when you pay off your loan or otherwise satisfy your requirements for any other Services).
In each case you expressly authorize us to use such consumer report about you, and information derived therefrom, in connection with:
· your payment plan, including determining your eligibility, servicing, or maintaining your plan or account, verifying your identity, verifying information you provide to the Company, and for collecting the amount you owe.
· marketing, including pre-qualifications and other forms of marketing, for payment plans that may be provided by us and any other service we offer, such as financial management tools or the marketplace; and
· our internal use, including statistical analyses and to develop, improve, analyze, study, and maintain products and services we may offer from time to time.You understand that the Company may report information about your payment plan to consumer reporting agencies in accordance with applicable law.
Servicing & Collection.
You agree to allow the Company to send you payment reminders from time-to-time. Notwithstanding whether you have consented or withdrawn your E-Sign Consent, you agree that payment reminders may take the form of any available communication, subject to applicable law. You also agree that if you fail to pay an amount owed to the Company pursuant to these Terms, the Personal Loan Agreement, or any separately executed agreements, the Company may engage in collection efforts to recover such amounts owed by you. These collection efforts may involve contacting you directly, submitting your information to a collection’s agency, or taking legal action.
4. How Do We Communicate With You?
Email communication over the internet is not secure or confidential and is subject to possible interception, alteration, or loss. The Company cannot assume any responsibility or liability to anyone else for any damages in connection with any email sent by you to the Company or any email sent by the Company to you at your request.
Communication & Notification.
If we need to contact you to service your account, collect amounts you owe to us, provide or receive information about your Account, and to send you information about products and services you might find useful you give us a direct consent, as well as servicers, agents, contractors and collectors of your account, to communicate with you in any way, such as calling, texting, or email via: (1) a mobile phone or landline you provide to us; use to contact us or at which we believe we can reach you (even if it is not yours); (2) any email address you provide to us or one of our partners or service providers; (3) automated dialer systems and automatic telephone dialing systems; or (4) pre-recorded or artificial voice messages and other forms of communications.
You also agree that these communications are not unsolicited for purposes of any provincial or federal law, and you understand that this may result in additional mobile, text message, or data charges.
Any electronic communications will be considered to be received by you at the time we email it to you or otherwise send it to your attention (such as via SMS or other online or mobile notification). We may assume you have received any communications sent to you by postal mail 3 business days after we send it.
Communication For Marketing Purposes
By providing your email address or mobile phone number via the Websites, you also authorize us to send you communications marketing our products or Services. Please note that providing your email address or mobile phone number is entirely voluntary and consent to receive marketing emails, texts, or calls may subsequently be withdrawn. The Company does not charge for SMS, however your standard wireless carrier SMS and data rates may apply. BY PROVIDING YOUR MOBILE PHONE NUMBER TO US, YOU PROVIDE YOUR PRIOR EXPRESS CONSENT FOR US AND OUR SERVICE PROVIDERS TO SEND TEXTS TO YOUR NUMBER USING AN AUTODIALER.
You understand and agree that the Company may monitor or record telephone conversations you or anyone acting on your behalf has with the Company or its agents for quality control and training purposes or for its own protection. You acknowledge and understand that, while your communications with the Company may be overheard, monitored, or recorded without further notice or warning, not all telephone lines or calls may be recorded by the Company, and the Company does not guarantee that recordings of any telephone calls will be retained or retrievable.
Updating Your Information.
You agree that the Company is not responsible for any delay or failure in your receipt of any Disclosure, text message, or email notice that is not caused by Company’s failure to send such a Disclosure or notice to the phone number or email address you have provided to us. We will not assume liability for non-receipt of notification of availability of electronic Documents in the event your mobile number, email address or other contact information on file is invalid; your email or Internet service provider filters the notification as "spam" or "junk mail"; there is a malfunction in your computer, mobile device, browser, Internet service, mobile connectivity and/or software; or for other reasons beyond our control.
Working with Third Parties.
You acknowledge that granting permission to a third party to take specific actions on your behalf does not relieve you of any of your responsibilities under these Terms. Further, you acknowledge and agree that you will not hold the Company responsible for, and will indemnify the Company, its affiliates, directors, officers, employees, agents, and representatives from, any liability arising from the actions or inactions of this third party in connection with the permissions you grant.5. What Are Your Obligations When Enrolled In The Services?
Agreement to Provide Accurate Information.
When you provide information to the Company or in connection with the Company Services, you agree to provide only true, accurate, current, and complete information about yourself, and you agree not to misrepresent your identity or your account information. You further agree to keep your Account information and contact information up to date and accurate, and to promptly notify us of any changes to such information.
User Responsible for Fees.
If you use the Company Services, you are responsible for any fees or other amounts that your phone service provider charges, such as fees for SMS, data services, and any other fees that your phone service provider may charge.
Access to Your Account.
You are responsible for maintaining the secrecy of the login credentials to your Company Account and any other access credentials you may use to access your Company Account (e.g. the password to your mobile device you use to access the App). You must notify us immediately if you believe your login credentials or the security of your Company account has been compromised or stolen. You are responsible for any activity taken on your Company Account using your login credentials, except as expressly provided by applicable law. You agree to establish reasonable security procedures and controls to limit access to your password or other identifying information to authorized individuals, which includes choosing passwords and other credentials in a manner that will protect the security of your information. Your credentials include your username and password to your Company Account and to any third-party account you have used to login to your Account. You are also responsible for maintaining the accuracy of the information in your Company Account. The Company reserves the right to suspend or cancel your access top your Account without notice from you if we believe that your access is being used in a fraudulent or unauthorized manner.
Closing Your Account.
You may request to close your Account at any time by contacting us at email@example.com
Feedback You Provide.
If you submit comments, ideas, or feedback to us, you agree that we can use them without any restriction or compensation to you. We own all right, title, and interest in and to such feedback, all developments based upon such feedback and all intellectual property in and to the foregoing. You hereby assign and agree to assign to us all right, title, and interest it may have in and to such feedback, all developments based upon such feedback and all intellectual property in and to the foregoing. If we accept your submission, we do not waive any rights to use similar or related ideas or feedback previously known to us, developed by our employees, or obtained from sources other than you.
6. How Not To Use Our Service?
By using the Company Services, you agree that:
· You will not engage in any activities related to the Services, Websites that violate any applicable law, statute, regulation, or ordinance or breach these Terms, policies, or any separately executed agreements with the Company;
· You will not provide false, inaccurate, or misleading information;
· You will not provide information belonging to any person other than yourself or use an account that belongs to another person for yourself or on behalf of another person;
· You will not use any device, software, routine, file or other tool or technology, including but not limited to any viruses ,trojan horses, worms, time bombs or cancelbots, intended to damage or interfere with the Services or to surreptitiously intercept or expropriate any system, data or personal information from the Services;
· You will not commit unauthorized use of the Websites, your Account, and systems including but not limited to unauthorized entry into Company’s systems, misuse of passwords, or misuse of any information posted to a Website, your Account, or other communication.
7. How Do We Resolve Disputes?
Disputes With The Company.
If a dispute arises between you and the Company, our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. In the event of a dispute, we encourage you first to contact the Company at firstname.lastname@example.org
to try resolving your problem directly with us.
To the extent permitted by applicable law, either party to these Terms may require that any claim or dispute arising out of or relating to these Terms will be determined by final and binding arbitration. The arbitration would be conducted in the province or territory in which you reside at the time you enter in the Personal Loan Agreement, or any agreements separately executed with the Company.
YOU UNDERSTAND THAT ABSENT YOUR CONSENT TO ARBITRATION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A TRIAL BY JURY.
8. Do You Consent to Use Electronic Communication and Signatures?
Your Consent to Electronic Signatures, Communication, and Disclosures
When you visit our Websites, send e-mails to us, or submit application, including when you request us to provide you with Services or information, we will need to be able to communicate with you by e-mail, by posting notices on this site, or other electronic means. However, to provide you with communication, disclosure, notices, and any information in electronic form (“Notices”) we require your consent (“E-Sign Consent”). Prior to submitting any application to the Company, creating an Account, using the Services, or submitting any information or requests to the Company, you are required to consent to comply with these Terms, which also includes your E-Sign Consent. By clicking “I agree”, “Submit” or taking any other action which manifests your consent with these Terms, such action also constitutes your agreement with this E-Sign Consent. However, without your consent, the Company is not permitted to communicate with you or provide you with Notices in electronic form. As such you agree that all agreements and Notices that we provide to you electronically satisfy any legal requirement that such communications be in writing. If you do not wish to provide your E-Sign Consent, you may not submit your application for the Services, use the Services, create an Account, or take any other actions that require your E-Sign Consent, and as such you must discontinue your application, use of the Services, and your Account immediately.
You are free to withdraw your Consent at any time. If at any time you wish to withdraw your Consent, you can send us your request by submitting a written request to us at email@example.com
. Any withdrawal of your Consent will be effective after a reasonable period of time for processing your request. The legal effectiveness, validity and/or enforceability of electronic notices, communication, or any information or disclosures provided to you pursuant to a law we sent before your Consent is effective will not be affected. If you withdraw your Consent, the Company may close or limit access to your account and the Company Services. You agree to pay any amount owed even if you withdraw your Consent and we close or limit access to your Account.
Your E-Sign Consent means that when the Company provides you with Notices electronically, such Notices shall have the same meaning and effect as if provided in paper form or signed by you in wet ink. A text message or email alerting you that Disclosures are available electronically, provided that the Disclosures are made available online shall have the same meaning and effect as if the Company had provided those Disclosures to you in paper form, regardless of whether you actually view those Disclosures, unless you have withdrawn your consent pursuant to the paragraph above, prior to receiving such Disclosures.
9. Do You Authorize Us to Verify Your Credit Report?
You expressly authorize the Company to obtain reports from consumer reporting agencies about you (1) when you apply for our services and (2) periodically throughout the term of your payment plan (including in the month following the month when you pay off or otherwise satisfy the payment plan).In each case you expressly authorize us to use such consumer report about you, and information derived therefrom, in connection with:
· your payment plan, including determining your eligibility, servicing, or maintaining your plan or account, verifying your identity, verifying information you provide to the Company, and for collecting any amount you owe us.
· marketing, including pre-qualifications and other forms of marketing, for payment plans that may be provided by us and any other service we offer, such as financial management tools or the marketplace; and
· our internal use, including statistical analyses and to develop, improve, analyze, study, and maintain products and services we may offer through the Company Services;You understand that the Company may report information about your payment plan to consumer reporting agencies in accordance with applicable law.
10. How To Contact Us?
For any and all questions or comments you may contact us in writing or by email. Our contact information is as follow:
White Hat Financial Inc.
372 Bay Street, 2nd Floor
Toronto, ON M5H 2W9
The Company operates and controls the Services from its offices in Canada, Ontario. The information provided on the Services and the Services are not intended for use, distribution, or access by any person or entity in any jurisdiction or country where such use, distribution, or access would be contrary to law or regulation or which would subject the Company to any registration requirement within such jurisdiction or country, provided that the Company does not hold such registration. Accordingly, those Users who choose to access their Accounts from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
Software in the Online Platform
The software included in the online platform may be subject to export controls. Thus, no software from the Services may be downloaded, exported or re-exported (i) into or to a national or resident of any country where Canada applies export/import restrictions; or (ii) by or to anyone on the Consolidated Canadian Autonomous Sanctions List. By downloading or using any software, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.
“White Hat Financial” and “myparachute” are all logos related to the Services that are either trademarks or registered trademarks of the Company. You may not copy, imitate, modify, or use them without Company’s prior written consent. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of the Company. You may not copy, imitate, modify, or use them without our prior written consent. You may use HTML logos provided by the Company for the purpose of redirecting web traffic to the Services. You may not alter, modify, or change these HTML logos in any way, use them in a manner that mischaracterizes the Company or the Services or display them in any manner that implies Company’s sponsorship or endorsement. All right, title, and interest in and to the Websites, any content thereon, the Services, the technology related to the Services, and any and all technology and any content created or derived from any of the foregoing is the exclusive property of the Company and its licensors
Service and Account Availability.
We will try to make sure our Services and your Account are available to you when you need them. However, we do not guarantee that our Services and your Accounts will always be available or be uninterrupted. We have the right to suspend, withdraw, discontinue, or change all or any part of our Service or our platform, or features and functionality of your Account without notice. We will not be liable to you if for any reason our Services or your Account are unavailable (in whole or in part) at any time or for any period. You are responsible for making all arrangements necessary for you to have access to the Service and your Account (including all hardware and telecommunications services).
You acknowledge and agree that the Company may engage third party partners and providers in order to deliver you the Services. Certain Website or App functionality may make available access to information, products, services, and other materials made available by third parties (“Third-Party Materials”) or allow for the routing or transmission of such Third-Party Materials, including via links. By using such functionality, you are directing us to access, route and transmit to you the applicable Third-Party Materials. We neither control nor endorse, nor are we responsible for, any Third-Party Materials, including the accuracy, validity, timeliness, completeness, reliability, integrity, quality, legality, usefulness or safety of Third-Party Materials, or any intellectual property rights therein. Certain Third-Party Materials may, among other things, be inaccurate, misleading ,or deceptive. Nothing in these Terms shall be deemed to be a representation or warranty by us with respect to any Third-Party Materials. We have no obligation to monitor Third-Party Materials, and we may block or disable access to any Third-Party Materials (in whole or part) through the Website or App at any time. In addition, the availability of any Third-Party Materials through the Website or App does not imply our endorsement of, or our affiliation with, any provider of such Third-Party Materials, nor does such availability create any legal relationship between you and any such provider. Your use of Third-Party Materials is at your own risk and is subject to any additional terms, conditions, and policies applicable to such Third-Party Materials (such as terms of service or privacy policies of the providers of such Third-Party Materials).
Effect of Termination of Services.
These Terms apply as long as you have access to your Account, visit our Websites, communicate with us. You may not assign these obligations under these Terms without Company’s prior written consent. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import. Upon Company’s request, you will furnish the Company any documentation, substantiation or releases necessary to verify your compliance with these Terms or any agreements separately executed with the Company. You agree that these Terms will not be construed against the Company by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.
Enforceability and Governing Law.
The failure of the Company to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision. These Terms cannot be changed or modified by you except as posted on the Services, your Account, Websites by the Company or communicated to you by the Company in writing. The disclaimers, terms and conditions, and limitations in these Terms are of general application and shall be read to be supplementary to any other disclaimer, term and condition, and limitation in any other section of the Websites, terms, or agreements. If any provision of these Terms is held to be unenforceable, the unenforceable term or provision shall be replaced by an enforceable term or provision that comes closest to the intention underlying the unenforceable term or provision and the remaining provisions shall be enforced. The laws of the Province of Ontario and federal laws of Canada (as applicable) shall govern your access to, and use of, the Website and Services and the terms of these Terms.
All content, design, graphics, compilation, magnetic translation, digital conversion and other matters to the Services, Account, platform, and Websites are protected under applicable copyrights, trademarks, and other proprietary rights (including but not limited to intellectual property rights) and owned by the Company or one of its affiliates. The copying, redistribution, use or publication by you of any part of the Services, unless expressly permitted in these Terms is strictly prohibited. Use of the Services, access to your Account, or provision of any Feedback does not give you ownership of any intellectual property rights in any of the content, documents, or other materials you access, receive, use, or obtain. The posting of information or materials on the Services, your Account, the Websites, or as otherwise provided to you by the Company does not constitute a waiver of any right in such information and materials.
You agree to indemnify, defend, and hold the Company, its affiliates, and subsidiaries harmless from any liability, including reasonable attorneys' fees, related to your application for or use of the Services, access to your Account, communication with the Company, or any violation of any of these Terms, Personal Loan Agreement, and any agreements separately executed with the Company.
DISCLAIMER OF WARRANTY.
THE COMPANY AND ITS AFFILIATES MAKE NO COMMITMENTS OR WARRANTIES (i) ABOUT THE CONTENT, RELIABILITY, OR AVAILABILITY OF THE SERVICES, ACCOUNT, OR WEBSITES, (ii) FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SERVICES, ACCOUNTS OR WEBSITES, OR (iii) THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON THE WEBSITES, ACCOUNT, APP OR SERVICES. THE COMPANY AND ITS AFFILIATES DISCLAIM, WITHOUT LIMITATION, ANY WARRANTY OF ANY KIND WITH RESPECT TO THE SERVICES, INCLUDING ANY WARRANTY REGARDING NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR APARTICULAR PURPOSE. THE COMPANY AND ITS AFFILIATES SHALL NOT BE RESPONSIBLE FOR ANY SERVICE INTERRUPTIONS, INCLUDING, BUT NOT LIMITED TO, SYSTEM FAILURES OR OTHER INTERRUPTIONS THAT MAY AFFECT THE RECEIPT, PROCESSING, ACCEPTANCE, COMPLETION OR SETTLEMENT OF PAYMENT TRANSACTIONS OR THE SERVICES.
LIMITATION OF LIABILITY.
THE COMPANY IS NOT RESPONSIBLE FOR AND WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES WHATSOEVER (INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE WEBSITES, ACCOUNT, OR SERVICES. THE COMPANY IS NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES THAT RESULT FROM PERSONAL OR CONFIDENTIAL MATERIAL SENT TO THE COMPANY, OR IF THE COMPANY SENDS SUCH INFORMATION AT YOUR REQUEST, OR ANY ACTION OR DECISION MADE BY YOU IN RELIANCE ON OUR WEBSITES, ACCOUNT, SERVICES, INCLUDING, BUT NOT LIMITED TO, ITS CONTENTS, ANY UNAUTHORIZED USE OR REPRODUCTION OF THE WEBSITES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES. PLEASE BE ADVISED THAT LINKING TO ANY OTHER WEBSITE IS AT YOUR SOLE RISK AND THE COMPANY WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES IN CONNECTION WITH LINKING.
Statute of Limitations.
No Third-Party Beneficiaries.
These Terms are between you and the Company. No other individual has any rights to force the Company to enforce any rights it may have against you or any other individual or entity.
Assignment of Your Obligations.
You may not transfer or assign any rights or obligations you have under these Terms without Company’s prior written consent. The Company may transfer or assign its rights and obligations under these Terms at any time.
Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect. If we delay in asking you to do certain things or in taking action, it will not prevent us taking steps against you at a later date.Waiver.
Our failure to act with respect to a breach of any of your obligations under these Terms by you or others does not waive our right to act with respect to subsequent or similar breaches.
These Terms along with any applicable policies and agreements incorporated herein and, on the Websites, sets forth the entire understanding between you and the Company with respect to the Services. Certain terms that by their nature should survive, will survive the termination of these Terms. If any provision of these Terms t is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. These Terms supersede any and all prior or contemporaneous written or oral agreements or understandings. These Terms are between you and us and no other person shall have any rights to enforce any of its terms. These Terms do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and us.