TERMS OF USE

Last updated on February 28, 2017.

FlexFi’s services (collectively, the “Services”) are operated by FlexFi Inc. (“Flexfi”, “we,” “us” or “our”). Your access to and use of this website, any related web pages, or any content (collectively, the “Site”) hosted by Flexfi is subject to all of the following terms and conditions. Your access to and use of the Site and Services is your acknowledgement and agreement that you have read, understood, and agreed to the following terms and conditions (the “Terms of Use”). As used herein, “you” or “your” means anyone who accesses and/or uses the Site or Services.

FlexFi has the right to change these Terms of Use at any time without notice.  Your continued access to and use of the Site or Services after any change is your irrevocable acceptance of the revised Terms of Use.  At any time, FlexFi may (i) terminate your access to or use of the Site or Services for any reason; or (ii) modify or discontinue the Site or Services (or any part of it), temporarily or permanently, with or without notice.

Eligibility

In order to enter into these Terms of Use, you must have reached the legal age of majority in your jurisdiction of residence, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use.  It is your responsibility to ensure that you are legally eligible to enter into these Terms of Use under any laws applicable to you.  If you accept these Terms of Use, you represent that you have the capacity to be bound by it.

Purpose of the Site and Services

The Site and Services are designed to provide you with information and assistance for obtaining a loan through FlexFi’s network.  The information on the Site is not binding and is provided exclusively for information purposes only. To learn more information about our Services, please visit here.

Loan Application

You may be presented with the opportunity to apply for a loan through the Site (“Loan Application”). When completing a Loan Application, (1) you acknowledge that you may be contacted by one of our representatives regarding your Loan Application; and (2) you represent and warrant that (a) you will provide current, complete, and accurate information about yourself in your Loan Application (“Personal Information”); and (b) you will not misrepresent your Personal Information.

For a list of documents that may be required to process your Loan Application, please visit here.

If any information (1) that you provide to one of our representatives or (2) through your Loan Application is found to be untrue, inaccurate, not current, or incomplete, FlexFi has the right to terminate your Loan Application and to decline to provide any and all future access to or use of the Site or Services. We reserve the right to decline your Loan Application.

If your Loan Application is approved by Flexi, you will be required to enter into a separate written loan agreement with Flexi.

Registration Data and Account Security

You agree and understand that you are responsible for maintaining the confidentiality of your password which, together with your email address (“User ID”), allows you to access and use the Site and Services.

Your right to access and use the Site and Services is personal to you and is not transferable by you to any other person or entity. You agree not to disclose your User ID to any third party.  You are solely responsible for all activities that occur under your User ID.  If you become aware of any unauthorized use of your User ID, you are responsible for notifying FlexFi immediately.

Privacy

FlexFi collects, uses and discloses personal information as described in our privacy policy available at here, which is incorporated into these Terms of Use. This policy explains how FlexFi treats your Personal Information and protects your privacy when you access or use the Site and Services. The policy may be updated from time to time at our discretion. Changes will be effective upon posting to the Site.

Prohibited Activities

You may not:

  • copy, distribute or otherwise remove or make available material from the Site without the express written permission of FlexFi;
  • register for a User ID on behalf of an individual other than yourself, register for more than one User ID, or operate a User ID on behalf of or for the benefit of any person who is not eligible to register for or operate a User ID in their own name;
  • use the Site in a way that could damage it or the material displayed on it;
  • interfere with security of the Site or the security of the linked websites;
  • 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);
  • disrupt or interfere with another person’s use of the Site;
  • use contact information on the Site to send e-mails of illegal, sexual, racist, or otherwise inappropriate nature, as Flexfi determines in its sole discretion;
  • attempt to gain unauthorized access to the restricted areas of the Site;
  • manipulate identifiers in order to disguise the origin of any content transmitted on or through the Site or the source of any content;
  • upload, download, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of our networks connected to the Site;
  • violate or infringe any right of any third party; or
  • use the Site to create a derivative or competitive product or service to Flexfi.

Any of the foregoing, or any fraudulent, abusive, or otherwise illegal activity, is grounds for termination of your access to or use of the Site and Services, at FlexFi’s sole discretion.

Proprietary Rights

The Services and the contents of the Site, including its “look and feel” (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including html-based computer programs) and other material are protected under Canadian, United States and international copyright, trademark and other laws. The contents of the Site belong or are licensed to FlexFi or its software or content suppliers.  Any distribution, reprint or electronic reproduction of any content from the Site in whole or in part for any purpose is expressly prohibited without our prior written consent.

Disclaimers

THE INFORMATION CONTAINED ON THE SITE SHALL NOT CONSTITUTE ADVICE OR RECOMMENDATIONS OF ANY KIND, INCLUDING INVESTMENT, TAX, ACCOUNTING OR BUSINESS ADVICE. FLEXFI CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM YOUR ACCESS TO OR USE OF THE SITE, THE SERVICES AND/OR YOUR LOAN APPLICATION.

THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR ACCESS TO AND USE OF THE SITE AND SERVICES ARE AT YOUR SOLE DISCRETION AND RISK.  FLEXFI DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR SUITABILITY FOR ANY PURPOSE, OF THE INFORMATION OR MATERIALS CONTAINED IN OR REFERENCED TO THE SITE.  ANY PERSON ACCESSING OR USING THE SITE OR SERVICES ACCEPTS AND ASSUMES ALL RISKS RELATING TO THE ACCURACY OR RELIABILITY OF, OR ARISING OUT OF THE USE OF, ANY INFORMATION OR MATERIALS AVAILABLE ON OR THROUGH THE SITE OR SERVICES.

FLEXFI WILL NOT HAVE ANY LIABILITY TO YOU FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, DIRECT OR INDIRECT LOSSES OR DAMAGES, OR ANY OTHER DAMAGE OR LOSS CLAIMED EITHER IN CONTRACT, NEGLIGENCE OR TORT INCLUDING, WITHOUT LIMITATION, PUNITIVE DAMAGES, LOSS OF PROFITS, LOSS OF OPPORTUNITY OR LOSS OF GOODWILL ARISING OUT OF THE USE OF, OR RELATED TO, THE SITE, THE SERVICES AND THE INFORMATION CONTAINED THEREIN, OR ARISING OUT OF THE INABILITY TO USE THE SITE, THE SERVICES AND THE INFORMATION CONTAINED THEREIN. ANY LEGAL ACTION BY YOU MUST BE BROUGHT WITHIN 12 MONTHS OF THE CAUSE OF ACTION FIRST ARISING.  IF, FOR ANY REASON, FLEXFI IS FOUND LIABLE, YOU AGREE THAT THE MAXIMUM AMOUNT OF FLEXFI’S LIABILITY AND THE MAXIMUM AMOUNT THAT YOU MAY RECOVER, IN AGGREGATE FOR ANY AND ALL CLAIMS AGAINST FLEXFI, IS $10.00. YOU HEREBY WAIVE ANY RIGHT TO PARTICIPATE IN ANY CLASS ACTION OR HAVE A TRIAL BY JURY FOR ANY MATTER, DISPUTE, PROCEEDING OR ACTION ARISING OUT OF, OR RELATED TO, THESE TERMS OF USE.

Indemnity

You agree to indemnify and hold FlexFi, 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 any violation of these Terms of Use or of any law or the rights of any third party.

Anti-Spam, Consent and Newsletters

You are responsible for having knowledge of your jurisdictional anti-spam laws. In some jurisdictions, consent is required before sending email or electronic transactions to email accounts. Access to and use of the Site and/or Services may require FlexFi to send an email or electronic communication to you. You expressly consent to receiving electronic messages, including SMS messages (including text messages), and email messages from us, our affiliates, agents and others communicating at their request or on their behalf, at the email address and/or telephone number that you have provided or may provide in the future.

In the case of any newsletter or other marketing initiatives, you can withdraw your consent to receiving those communications and unsubscribe to any FlexFi subscriptions at any time by contacting info@flexfi.ca. Doing so may have a material impact on our ability to provide you with the Services, and we are not responsible if you do so.

Third Party Sites and Content

The Site may permit you to see or link to other websites or resources on the Internet, and other websites or resources may contain links to the Site. These other websites are not under FlexFi’s control, and you acknowledge that FlexFi is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by FlexFi or any association with its operators. You further acknowledge and agree that FlexFi shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource.

Additional Disclaimers

The Site and the Services may be temporarily unavailable from time to time for maintenance or other reasons. FlexFi assumes 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, the Site or Services. FlexFi is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or on the Site or combination thereof, including injury or damage to your or to any other person’s computer related to or resulting from participating or downloading materials in connection with the Internet and/or in connection with the Site or Services.

General

These Terms of Use have been made in and shall be construed and enforced in accordance with the laws of the jurisdiction of the Province of British Columbia, and you irrevocably consent to submit to the exclusive jurisdiction of the courts of the Province of British Columbia for any claim, proceeding or action under these Terms of Use against FlexFi.

The failure of FlexFi to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance.

If there is any contradiction between these Terms of Use and another agreement you enter into applicable to specific aspects of the Services, the other agreement shall take precedence in relation to the specific aspects of the Services to which it applies.

If any provision of these Terms of Use is declared by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be severed from these Terms of Use and the other provisions shall remain in full force and effect.

Contacting FlexFi

You may contact FlexFi by email at info@flexfi.ca or by mail at Flexfi Inc., 1411 West Broadway, Vancouver, British Columbia V6H 1H6.