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CONDITIONS D'UTILISATION DE L'APPLICATION GOEASY CONNECT

Overview

Last Updated: Oct 17th 2022

These App Terms of Use (the “Agreement”) are entered into between you and goeasy Ltd. (the “Company”).

Please read this Agreement carefully. This Agreement governs your access to and use of the goeasy connect application (the “App”), and any content and materials you may access through the App.

By using this App, you agree with Company to be bound by this Agreement.

1. Definitions

The following capitalized words and expressions have the following meanings unless otherwise expressly provided in this Agreement:

App Content” means all content and material made available to you through the App, excluding Loan Information. App Content includes information relating to the Company Parties’ products and services, including promotional offers offered by the Company Parties.

Company Parties” means Company, its affiliates, and their respective officers, directors, employees, agents, and any other parties working for or engaged by Company or its affiliates or otherwise involved in connection with Company’s properties or the operation of the App, including the Company’s third-party Service Providers.

Company Privacy Policy” means the Company’s privacy policy, which is available at: https://www.easyfinancial.com/privacy-policy.

Documentation” means any available user guides and other documentation for the App made available (regardless of form) by Company.

"Feedback” has the meaning given to it in Section 6.2.

Loan Information” means: (a) information provided by you or on your behalf to any Company Party in connection with the application for, or the administration of, a loan product with any Company Party; and (b) other personal information related to your products or services that are made available to you through the App.

Login Credentials” has the meaning given to it in Section 2.2.

Service Provider” has the meaning given to it in Section 4.3.

User Account” has the meaning given to it in Section 2.1.

2. Registration and Security

2.1.

Registration. To use the App, you must first register and create a unique user account (“User Account”) by completing the relevant registration forms on the App. You agree to provide true, accurate, current, and complete information as prompted by the registration forms, and maintain and update such information so as to ensure that it is true, accurate, current, and complete at all times.

2.2

Account Security. Each User Account requires a name, email address and password, along with certain other information (the “Login Credentials”). You are responsible for maintaining the confidentiality of your Login Credentials and for all activities that occur under your Login Credentials. You agree that you will not: (a) disclose your Login Credentials to anyone else, or (b) attempt to gain control of or use any other person’s Login Credentials. You agree to immediately change your password and notify Company if your Login Credentials are compromised in any way (including upon becoming aware that there has been any unauthorized access or use of your User Account or Login Credentials, or that there has been any other breach of security related to a User Account). You further agree that Company Parties will not have any liability to you for any actions taken using your Login Credentials or User Account (whether or not authorized by you), and that Company Parties will not be liable for any loss or damage arising from your failure to comply with this Section.

2.3

Consent to Process Loan Information. When you create a User Account, the Company Parties will review the name and contact information you provide to Company to determine whether you have previously applied for or obtained a loan with any Company Party and, if applicable, to match your Loan Information to your User Account. You acknowledge and agree that the Company Parties, and third parties acting on behalf of the Company Parties (including Service Providers) may use your personal information for such purposes. Company reserves the right to modify or update the App (or any part thereof) at any time in Company’s sole discretion without any notice or liability to you (including to change, add, or remove features, functions, or services).

3. Use of the App

3.1

Functionality. The App provides certain functionality to allow you to view and interact with App Content, and to view your Loan Information, and is intended to be used solely for these purposes. If you wish to apply for a loan, or to administer a loan that you already have with a Company Party, then you must do so through another channel outside of the App, and the App may include links or other App Content directing you to such channels. If you apply for or obtain, or have previously applied for or obtained, a loan with a Company Party, then your application or loan will be subject to the applicable application terms and loan agreement. This Agreement is intended to govern only your access to and use of the App, and does not modify any terms or conditions in such loan application terms or loan agreement.

3.2

Permitted Uses. Conditional upon your compliance with this Agreement, Company grants to you a non-transferrable, non-exclusive, revocable, right and license, for the term of this Agreement, to: (a) access, operate, and use the App to view your Loan Information, and to view and interact with App Content; and (b) use the Documentation as reasonably necessary to support your use of the App.

3.3

Responsibilities. You agree that in accessing and using the App, you will: (a) comply with all applicable laws; (b) comply with all acceptable use policies and other policies adopted by the Company and made available to you from time to time; (c) only use the App and App Content for your own personal use and in accordance with the terms and conditions set forth in this Agreement; and (d) be responsible for providing all equipment necessary to establish a connection to the Internet, access to the Internet, and any telephone, wireless or other connection and service fees associated with such access.

3.4

Restrictions. You agree that in accessing and using the App you will not:

  1. allow any other person to access the App with your Login Credentials;

  2. reproduce, retransmit, or otherwise make available to any third party, any portion of the App or App Content on another site or platform, including by using a frame, border environment or other framing technique

  3. make any modifications or enhancements to the App, or create any derivative work based on the App or any App Content;

  4. remove any proprietary notices and notations in or on the App or any App Content;

  5. interfere or attempt to interfere with the proper workings or security or integrity of the App;

  6. use or attempt to use the App or any App Content for any illegal purposes or otherwise in any manner not contemplated by the Documentation;

  7. infringe any intellectual or proprietary rights of Company or any other party; or

  8. decompile, disassemble, reverse engineer, or otherwise attempt to reconstruct or discover the source code, design, or underlying programming sequences, methodologies and techniques of any component of the App except to the extent permitted by applicable law.

3.5

Suspension. Company reserves the right, at its sole discretion, to suspend, with or without notice to you, your access to any (or all) features of the App if Company reasonably determines that you are in breach of this Agreement or otherwise engaging in acts contrary to the policies of any Company Party.

4. Availability and Security

4.1

Availability. The App is intended to be generally available seven (7) days per week, twenty-four (24) hours per day, except for downtime for system maintenance and other reasons beyond Company’s control. Company does not guarantee or warrant that all or any portion of the App will be accessible at all times, or that any App Content or your Loan Information will be backed up or can be accessed at all times.

4.2

Security. Company has implemented security policies and practices that are designed to protect the security and integrity of the App and the confidentiality of your Loan Information. However, no data transmission over the Internet or other communication network or systems can be guaranteed to be secure, and there is always risk that an authorized third party could thwart the security measures that the Company has implemented, including by intercepting transmissions. COMPANY DOES NOT GUARANTEE THE SECURITY OF COMMUNICATIONS AND DATA PROVIDED OR TRANSMITTED THROUGH THE APP.

4.3

Service Providers. You acknowledge and agree that the Company Parties (or their licensors) may operate the App and store content and data (including your Loan Information) using services, infrastructure, and software provided by third parties (“Service Providers”), which may be located in a jurisdiction outside of the jurisdiction in which you reside. You agree to comply with any policies and terms of any Service Provider that are applicable to you and of which Company provides you with notice.

4.4

System Requirements. Certain features of the App may not work properly without a working internet connection with sufficient bandwidth. You are solely responsible to ensure that you have sufficient internet access, and that you have all required systems and devices to operate the App and that such systems and devices are properly configured.

5. Third Party Links

Company may present to you App Content with links and references to websites and services provided by third parties. However, Company does not endorse any such third-party websites or services and Company does not guarantee the quality, accuracy, currency, timeliness, reliability or fitness for any purpose of any third-party websites or services. If you choose to access any such website or service, you do so at your own risk. You acknowledge and agree that Company Parties will have no liability to you for any damage or loss in connection with your access to, use of, or interaction with, any third-party websites or services. If you access or use third party website or service, you are solely responsible for any information or data provided to the relevant third party.

6. Intellectual Property

6.1

Ownership. All right, title, and interest, including all intellectual property rights, in and to the App and App Content (and any modifications, improvements, or derivative works of the App or App Content) are and will be owned solely and exclusively by Company or its licensors, as applicable. Except for the limited rights to use the App and App content expressly provided to you under this Agreement, Company reserves all rights in and to App and App Content and no implied rights or licenses are granted.

6.2

Feedback. You may provide input, comments or suggestions regarding the App (“Feedback”). You acknowledge and agree that Company may use any Feedback without any obligation to you and you hereby grant to Company a worldwide, perpetual, transferrable, sublicensable, irrevocable, royalty-free, fully paid up, license to reproduce, display, perform, distribute, publish, modify, edit, or otherwise use such Feedback as Company may deem appropriate, without restriction, for any and all commercial or non-commercial purposes, in Company’s sole discretion.

7. Personal Information and Privacy Policy

The collection, use, and disclosure of personal information in connection with your use of the App will be subject to and governed by the Company Privacy Policy, which is incorporated into and made part of this Agreement by reference. You are responsible for your compliance with all applicable privacy laws, and you confirm that all personal information provided by you to Company or the App have been provided in compliance with all applicable laws. You acknowledge and agree that Company Parties, and third parties authorized by Company Parties (including Service Providers), may store, modify, reproduce, disclose, display, and otherwise use your personal information (in whole or in part, as is or as may be modified) for the purposes of facilitating your access to and use of the App.

8. Risk Management

8.1

Disclaimer. The App is made available to you on an “as is” and “as available” basis and you access and use the App at your own risk. Company makes no representations or warranties of any kind or nature, whether express or implied, and, to the full extent permitted under applicable law, Company expressly disclaims all representations, warranties, and conditions with respect to the App, including: (a) any warranty of quality, durability, fitness for a particular purpose, or non-infringement of third party rights; (b) that App will always be available, accessible, uninterrupted, timely, secure, free of malicious code or virus, or operate without error; (c) that any errors can or will be corrected; or (d) that the App Content or Loan Information displayed to you on the App will be accurate, complete, or current.

8.2

Limitation and Exclusions. DOES NOT APPLY IN QUEBEC. To the full extent permitted under applicable law, in no event will the Company Parties be liable to you or any other person under or in any connection with this Agreement for, and you hereby release Company Parties from, any and all damages of any kind or nature whatsoever, including without limitation any direct, indirect, incidental, consequential, exemplary, punitive or special damages, and including with respect to lost profits, lost revenues, loss of or damage to data (including your personal information or Loan Information), business interruption, howsoever caused and regardless of the nature of the cause of action or basis of liability, even if such damages are foreseeable or any Company Party has been advised of the possibility of such damages in advance.

8.3

Limitations Apply. The limitations, disclaimers and exclusions of liability set out in this Agreement will apply regardless of the form of action or theory of liability and regardless of the form or cause of action, even if such damages are foreseeable. You agree that the limitations and exclusions contained in this Agreement are reasonable based upon the commercial circumstances, and that Company would not have entered into this Agreement but for your agreement to such limitations, disclaimers and exclusions.

8.4

Indemnification. You agree to indemnify the Company Parties from and against any and all claims, prejudice, damages, liabilities, losses, costs, and expenses (including legal fees, fines, and the cost of investigation and resolution) arising from or relating to any claim, action, suit, or proceeding by, or settlement with, any third party based on or in any connection with your use of the App or any App Content or Loan Information, or any breach by you of this Agreement or applicable law.

9. Term and Termination

9.1

Term. This Agreement will become effective at the time you accept this Agreement or first access the App, whichever is earlier, and will apply for the duration of time that you use the App, unless earlier terminated pursuant to this Agreement.

9.2

Termination.

  1. DOES NOT APPLY IN QUEBEC. Company reserves the right to terminate this Agreement and your access to and use of the App at any time and for any reason, without any liability to you, and with or without prior notice to you.

  2. QUEBEC ONLY. Company reserves the right to terminate this Agreement and your access to and use of the App at any time and for any reason upon notice to you. Company may also terminate this Agreement and your access to and use of the App if you are in default of this Agreement, without prior notice to you.

9.3

Effects of Termination. Upon termination of this Agreement, you must immediately stop all use of the App. Termination of this Agreement will not affect any party’s accrued rights or liabilities. Company Parties will not be responsible or liable to you for your inability to access or use any of your User Account or any other portion of the App after termination of this Agreement.

9.4

Survival. The following provisions of this Agreement, and such other terms as are necessary to give effect to the surviving terms, will survive any termination of this Agreement: Section 5 (Third Party Links), Section 6 (Intellectual Property), Section 7 (Personal Information and Privacy Policy), Section 8 (Risk Management), Section 9.3 (Effects of Termination), Section 9.4 (Survival), Section 11 (Communication and Notices), and Section 12 (General Provisions).

10. Amendments

You acknowledge and agree that Company may revise any terms of this Agreement at any time. The most current version of the Agreement will be posted on the App. You acknowledge and agree that, by indicating your acceptance of any revised Agreement when you access the App, you are agreeing to such revised Agreement. If you do not agree to the revised Agreement, you will not be permitted to continue using the App. This Agreement cannot otherwise be amended or modified.

11. Communication and Notices

All required notices, and notices which may be provided pursuant to this Agreement, must be in writing and remitted to its addressee by prepaid courier, registered or certified mail, or email, if to Company, to the address and contact person listed in the App, and if to you, to the address set out in your User Account or Loan Information. Every notice delivered in the manner contemplated herein will be deemed to have been received when delivered or, if delivery by email or delivery through the App, the first business day after the date delivered unless the sender receives a notice of delivery failure.

12. General Provisions

Compliance with Laws. You are solely responsible for complying with, and you agree that you will comply with, all applicable laws in connection to your use of the App.

Entire Agreement. This Agreement contain the complete and exclusive statement of the agreement between the parties relating to the subject matter of this Agreement, and supersedes all prior and contemporaneous agreements, purchase orders, understandings, proposals, negotiations, representations, or warranties of any kind whether written or oral. No oral or written representation that is not expressly contained in this Agreement between the parties is binding on either party.

Law and Jurisdiction. This Agreement will be interpreted in accordance with and governed by the laws of the Province of Ontario, Canada, without regard to any conflict of law principles that would cause the application of any other law, except with respect to users of the App that reside in Quebec, in which case this Agreement will be governed by and interpreted in accordance with the laws of the Province of Quebec and the federal laws of Canada applicable therein. The parties submit to the exclusive jurisdiction of the courts of the Province of Ontario, Canada, and any party bringing a legal action or proceeding against any other party arising out of or relating to this Agreement shall bring such legal action or proceeding in the courts of the Province of Ontario, Canada, except with respect to users of the App that reside in Quebec, in which case the parties agree to submit to the exclusive jurisdiction of, and to bring all legal actions or proceedings against one another arising out of or relating to this Agreement in, the courts of the Province of Quebec.

Assignment. This Agreement will be binding upon and will ensure to the benefit of and be enforceable by each of the parties hereto, their respective successors and permitted assigns. You may not assign, delegate or transfer all or any part of this Agreement (or any of your rights) without the prior consent of Company. Company may assign this Agreement without your consent at any time.

Relationship. This Agreement is not to be construed as creating any partnership, agency (except as expressly provided) relationship, employment relationship or any other form of legal association or entity that would impose liability upon one party for the actions or failure of the other. The parties are independent contractors.

Waiver. Failure to exercise or enforce any right or provision shall not affect Company's right to exercise or enforce such right or provision at any time thereafter, nor shall a waiver of any breach or default of this Agreement constitute a waiver of any subsequent breach or default or a waiver of the provision itself.

Severability. In the event that all or any part of a provision in this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable for any reason, then such provision or such part of a provision shall be deemed to be severable, and the rest of this Agreement will continue to apply without being affected by the removal of the part that was invalid or unenforceable.

English Language. QUEBEC ONLY. You hereby acknowledge and confirm that: (i) a French version of this Agreement was presented to you, (ii) You have read the French version of this Agreement, and (ii) this Agreement and all related documents have been drafted in the English language at your express request. Vous reconnaissez et confirmez par les présentes que (i) la version française des présentes conditions vous a été transmise, (ii) vous en avez pris connaissance, et (iii) les présentes conditions ainsi que tous documents s’y rattachant ont été rédigés en langue anglaise à votre demande expresse