iFinancePay Terms and Conditions

Updated: December 16, 2020

Please read these Terms and Conditions of Use prior to using this website and before purchasing a product or service using the iFinancePay Services (as defined below). Each of the paragraphs of this Agreement 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.

This End User Agreement ("Agreement") is a legal agreement between you ("you" or "your") and iFinance Canada Inc. operating as iFinancePay, and its partners, affiliates, agents, or assignees ("iFinancePay", "we", "us" or "our"). The terms of this Agreement extend to any future updates or supplements to the Websites or the iFinancePay Services, unless they come with separate terms, in which case those terms apply. By using this website, you agree to be bound by the Terms and Conditions below. If you have not already done so, please take some time to familiarize yourself with these provisions. If you do not agree to all of these Terms and Conditions, you should immediately discontinue use of this website.

ACKNOWLEDGEMENTS

By accessing the Websites and/or submitting an application for the iFinancePay Services, you agree to comply with the terms and conditions of this Agreement. You understand that this Agreement is between you and iFinancePay. No other person shall have any rights to enforce any of its terms.

You acknowledge and agree that internet transmissions are never completely private or secure. You understand that any information you provide using the iFinancePay Platform or the Websites may be read or intercepted by others, even if there is a notice that a particular transmission is encrypted.

You understand that:

  1. iFinancePay provides an online platform which allows consumers, Merchants, and iFinancePay to connect at the point of purchase.
  2. iFinancePay is a trade name of iFinance Canada Inc.
  3. You are purchasing the Product (as defined below) from the Merchant or Service Provider, not iFinancePay.
  4. iFinancePay is not providing advice or consultation on your purchase, you should consult your Merchant or Service Provider for specific questions relating to your purchase or service.
  5. For details of any terms or conditions, including your right of cancellation or refund, applying to your purchase by the Merchant or Service Provider, you must refer to the relative Merchant or Service Provider.
  6. For terms and conditions of your borrowing and repayment you must refer to your loan agreement with iFinancePay.
  7. You agree to keep us informed of any changes in your email address or mobile number so that you can continue to receive all Disclosures in a timely fashion. If your registered email address, registered address, or mobile number changes, you agree to notify us of the change by sending an email to info@ifinancepay.com or calling 1-855-694-18171-855-694-1817.
  8. If you have any questions or if you have any complaints, email us at info@ifinancepay.com or call us at 1-855-694-18171-855-694-1817 so we can best service you.

CHANGES TO THE AGREEMENT

iFinancePay may unilaterally decide to change, revise or update these Terms and Conditions from time to time and it is your responsibility to check for such updates. Your continued usage of the iFinancePay website will signify your acceptance to those changes.

This Agreement sets out the terms and conditions of:

  1. 1. Financing services offered by iFinancePay using the iFinancePay Platform (defined in this Agreement), together with Merchants and Service Providers (defined in this Agreement) (the "iFinancePay Services"); and
  2. 2. Your access to and to the use of the websites iFinancePay.com and app.iFinancePay.com operated by iFinancePay (the "Websites") including all content, services and products available at or through the Websites.

DEFINITIONS

For the purposes of this Agreement, unless stated otherwise, the following words shall have the following meanings:

"iFinancePay Platform" shall mean the Websites, any microsite of iFinancePay within the Merchant's website, the loan system of iFinancePay accessed via Merchant computers or other browsing computers, including tablets and mobile devices, online or at the Merchant's premises, and other sales channels including telephone and fax which allow the Merchant and iFinancePay to communicate.

"Intellectual Property Rights" shall mean patents, rights to inventions, copyright and related rights, trade marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part.

"Merchant(s)" shall mean the merchant(s) iFinancePay is affiliated with and from which you purchase the Product.

"MNO's" shall mean Mobile Network Operators.

"Service Providers" shall mean the service(s) iFinancePay is affiliated with and from which you purchase and receive the Service.

"Product" shall mean the product you purchase from the Merchant using the iFinancePay Services.

"Service" shall mean the service you receive of purchase from the Service Provider using the iFinancePay Services.

YOUR ELIGIBILITY

To be eligible to use the Services you must:

  1. Be of the age of majority in your province or territory of residence;
  2. Be a permanent resident in Canada;
  3. Have a credit profile acceptable to iFinancePay, at its sole discretion;
  4. Represent and warrant that you are eligible to use the Services.

TO APPLY FOR iFinancePay SERVICES you must:

Either alone or assisted by Merchant or iFinancePay staff, use the iFinancePay Platform to:

  1. Provide personal information for use in conducting credit checks, verifying payment arrangements, verifying identity, and performing a risk assessment. Such information may include, but is not limited to, your name, date of birth, address, email address, telephone number, bank details, credit card details and employment information;
  2. Provide personal information for use in conducting identity checks, including your driver's licence and/or other details;
  3. Provide all other information, answer all questions, click all buttons, and tick all boxes prompted on the iFinancePay Platform;
  4. Only use the iFinancePay Services for personal reasons; and
  5. Provide accurate and up-to-date information at all times when using the iFinancePay Platform and/or the Websites.

HARDWARE AND SOFTWARE CAPABILITIES REQUIRED

Before you decide to do business electronically with us, you should consider whether you have the required hardware and software capabilities:

AUTHORIZATION

By submitting an application for the iFinancePay Services, you authorize iFinancePay and its service providers and affiliates to use the information you have provided to:

  1. Exchange information with credit reporting agencies;
  2. Conduct, or arrange for a credit agency to provide "soft" or "hard" credit checks/updates from time to time after you submit an application;
  3. Assess your application for the iFinancePay Services based on the results of the credit, identity, risk, integrity and payment assessments;
  4. Conduct or arrange for third parties to perform risk assessments and identity and payment verification checks, including verifying your identify with records maintained by telecommunications service providers;
  5. Issue a decision to grant or deny your application for iFinancePay Services; and
  6. Provide the Merchant with your name, contact information and the results of the decision.
  7. Treat your user information including your name and password as part of our security procedures as confidential and not disclose such information to any third parties;
  8. Comply with all terms and conditions relating to the transaction and the purchase of your product(s) with the Merchant; and
  9. Comply with all terms and conditions relating to the financing of your Product by iFinancePay or its affiliates and assigns.

OVERVIEW OF TERMS

If you are approved, financing will be available to you through a pre-payable, fixed rate installment loan with a term to be specified in the terms and conditions of your loan agreement. If you enter into a loan agreement, and if a "soft" credit check was conducted at the time of your application, a "hard" credit check will be conducted with a credit agency and will appear on your credit report. The loans may be issued by iFinancePay or other lenders with which iFinancePay is partnered (for example, iFinance Canada Inc.) and may be assigned to other lenders. The decision to approve an application for iFinancePay Services and provide a credit limit is final and at the sole discretion of iFinancePay.

The terms of your loan will be governed by and bound by a loan agreement that you agree to at the time a transaction is authorized by iFinancePay. Once the loan has been issued, any interest on the amount you borrow to finance your purchase will start accruing. Your loan may not be issued or your loan may be cancelled for any reason, including if you violate your Agreement or if iFinancePay determines not to issue the loan.

iFinancePay shall provide you with a user account (the "iFinancePay Online Portal") which allows you to access information on the Websites regarding your use of the iFinancePay Services, including payments made and outstanding amounts yet to be paid to iFinancePay.

REFUNDS AND CANCELLATIONS

By accepting the final terms of the iFinancePay Services at any Merchant location or website or by any means of communication offered through iFinancePay, and by your entering into a loan agreement, you are agreeing to repay the loan to iFinancePay based on the terms and conditions of your Loan Agreement, unless the loan is not issued. Once the loan has been issued, you are responsible for making the payments pursuant to your loan agreement.

You must contact your Merchant or Service Provider directly to request refunds. Should you request a refund or if your order is cancelled, you are subject to the return and refund policies of the relative Merchant or Service Provider. iFinancePay may rely solely on the Merchant for the amount of the refund or cancellation to adjust your loan amount and will process a refund to you if directed to do so by the Merchant. If a refund or cancellation is processed between you and the Merchant after the loan has been issued, the Merchant will notify us and the amount of your loan will be adjusted accordingly. If a refund or cancellation is for the entirety of the borrowed amount, you may still owe finance charges depending on when the merchant notifies us of the refund or cancellation. Any disputes as to the adjusted amount of the loan are to be resolved between you and the Merchant unless the adjusted amount of the loan is the result of an error.

ELECTRONIC SIGNATURE CONSENT

You agree to receive electronically all disclosures, communications, notices, and other information that iFinancePay may send to you or be required to send to you under applicable law or otherwise (the "iFinancePay Electronic Signature Consent") pursuant to the terms and conditions set forth in this Agreement.

SCOPE OF CONSENT

Your iFinancePay Electronic Signature Consent applies to any transactions undertaken by you with us, or any of our affiliates, including use of the iFinancePay Services, any communication from us or our affiliates to you, including all disclosures, communication, notices, and other information required to be given to you under applicable law including any other information required by law to be provided either before or after your loan is issued, as outlined in your Loan Agreement, on your iFinancePay Online Portal or in any billing statements or update to your account, through adverse action notices, in each case, pertaining to any transaction or use of the iFinancePay Services, whether now or in the future (the "Disclosures"). Your consent will remain in effect from the time you initially apply for any iFinancePay Services or access the Websites until such time as your account is terminated and, once terminated, will continue until such a time as all Disclosures relevant to your account have been satisfied.

MEANS OF COMMUNICATION

iFinancePay may send any Disclosures or updates to you via email to the email address that you may have provided or via SMS text message you may have provided. We may also post Disclosures in your iFinancePay Online Portal. You agree to keep iFinancePay updated to any change in contact information and that iFinancePay is not responsible for your failure to receive any Disclosures or Information sent via email or text message or email or update your contact information not provided or received by iFinancePay.

By using our services, you agree and acknowledge that you can access, receive and retain all Disclosures electronically sent via email or to your mobile number or posted on the Websites or on the iFinancePay Online Portal.

Legal effect:

Any Disclosures or other communication sent to you via email or text message and received on your device, shall be deemed delivered. By pressing buttons or ticking boxes entitled "Apply", "Accept and Checkout", "Submit", "Confirm", "Verify", "I Agree" or similar buttons and boxes indicating your authorization, you are providing your electronic signature with the same effect as if your signature had been provided on paper. By using our services, you waive any and all defenses you may have that the iFinancePay Services, the Agreement, the Loan Agreement, the Privacy Statement or any Disclosures were supplied to you in electronic form or that your signature or agreement to the iFinancePay Services or to the loan agreement was obtained electronically.

COPYRIGHT

All information contained within this website is the copyrighted property of iFinancePay, iFinance Canada Inc. and its affiliates or of the parties furnishing such materials to The Websites and is protected by copyright, trademark and other intellectual property laws. Reproduction, redistribution or modification of the information for any purpose is prohibited without the express written permission of iFinancePay. The information found herein may not be duplicated or redistributed in any form without the prior written permission of iFinancePay. All rights not expressly granted herein are reserved to iFinancePay, iFinance Canada Inc. and its licensors.

INTELLECTUAL PROPERTY RIGHTS

All Intellectual Property Rights relating to the iFinancePay Services, the iFinancePay Platform, the Websites and any related services and/or materials provided by iFinancePay accessed by you under this Agreement shall be owned by iFinancePay. All such rights are reserved.

Certain words, phrases, designs or logos, icons and other names identifying products and services on this website may constitute trademarks of iFinancePay, iFinance Canada Inc. or others. The display of any such marks or names on this website does not imply that a licence has been granted by iFinancePay, iFinance Canada Inc. or others.

Should you download or use any information found on the iFinancePay Websites, iFinancePay Platform or iFinancePay App, you agree to not modify or use content including videos, photographs or illustrations out of context. Should any content be used, you agree to acknowledge iFinancePay as the authors of such Intellectual Property Rights.

All communications or content including comments, ideas or feedback, submitted to iFinancePay via the website, app or platform or in any manner of communication shall be deemed to be the property of iFinancePay. By submitting such communications or content, you automatically agree that such submission is non-confidential for all purposes. You agree that iFinancePay shall be free to use, reproduce, modify, publish, edit, distribute and display, for any purpose, any ideas, concepts, know-how or techniques contained in such communications or content without restriction or compensation to you. You further covenant that any communications or content submitted to this website shall not infringe or violate any rights of any person or entity and expressly disclaim all Intellectual Property Rights in all forms.

DATA PROTECTION

Please refer to iFinancePay's Privacy Policy (https://www.ifinancepay.com/privacy.php) (the "Privacy Policy") for information about how iFinancePay protects your data.

NO RELIANCE ON INFORMATION

Financing and information provided by iFinance Canada Inc. any of its subsidiaries including iFinancePay hereunder is not intended to, nor implied to be, a substitute or validation or the services or products purchased. The content on the Websites is provided for general information only, any information or content including photographs, videos or illustrations is not intended to amount to advice, including financial advice, on which you should rely.

Financing and information provided by iFinance Canada Inc. any of its subsidiaries including iFinancePay in any of The Websites, Apps or Platforms or Services hereunder is not intended to, nor implied to be, a substitute or validation for informed medical advice by your physician or other health care professionals. The Website IS NOT PROVIDING ANY MEDICAL ADVICE OR SERVICES, AND YOU SHOULD CONTACT YOUR INDIVIDUAL HEALTH CARE PROFESSIONAL FOR YOUR SPECIFIC MEDICAL CONDITIONS OR QUESTIONS. You should not rely on any information contained, suggested, or referenced in this site in making personal medical decisions.

NO WARRANTIES

Although we make reasonable efforts to update the information on the Websites and otherwise provided to you in relation to the iFinancePay Services, we make no representations, warranties or guarantees, whether express or implied, that the content on the Websites or in documents provided to you in relation to the iFinancePay Services are accurate, complete or up-to-date.

iFinance Canada Inc. does not endorse, recommend or favor the products, supplies or services of any medical practitioner, supplier or manufacturer referred to herein. iFinance Canada Inc. DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS REGARDING THE USE OF THIS WEBSITE OR ITS CONTENTS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, WHETHER EXPRESS OR IMPLIED, OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. ALL INFORMATION, STATEMENTS, ANALYSES, INTERPRETATIONS AND OPINIONS CONTAINED IN INFORMATION PROVIDED HEREUNDER OR LINKS ARE PROVIDED ON AN "AS-IS" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND BY iFinancePay, iFinance Canada Inc., ITS AFFILIATES, OFFICERS, EMPLOYEES, LICENSORS OR BUSINESS PARTNERS, AS TO ACCURACY, COMPLETENESS, USEFULNESS OR OTHERWISE. You understand that you are using the Websites and the iFinancePay Services at your own discretion and iFinancePay, iFinance Canada Inc. and any affiliates do not warrant that the provision of the Websites and the iFinancePay Services complies with the laws of any country apart from Canada.

The provisions in this clause do not affect your statutory or mandatory rights which cannot be excluded by applicable law..

THIRD PARTY SITES

We may rely on third-party sites to assist us in making a service available to you. Third-party sites are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any). By linking your bank account to a third-party service, you authorize us and our third-party providers to access your financial accounts on your behalf, and to gather information about you. You give us and our third-party providers a limited power of attorney, and appoint us to act on your behalf and access, transmit, and use your information as necessary to provide other services. You agree to the transfer, storage, and processing of your information by these third-party providers in accordance with their respective privacy policies.

We have no liability to you for any damages you may suffer as a result of any such third party's actions or inactions or from inaccurate account information. You will need to make your own independent judgement regarding your interaction with any Third-party Sites, including the purchase and use of any products or services accessible through them.

GENERAL REPRESENTATIONS AND WARRANTIES

You represent and warrant that your use of the Websites and the iFinancePay Services will be in strict accordance with this Agreement. In particular, you represent and warrant that:

  1. You will comply with this Agreement at all times;
  2. You will provide us and/or the Merchant or Service Provider with up-to-date (where required) and accurate information;
  3. You will not use the Websites or the iFinancePay Services in any unlawful manner, for any unlawful purpose including hacking into or inserting malicious code, including viruses, or harmful data, into the Websites or the iFinancePay Services or use our Websites or the iFinancePay Services in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
  4. You will not infringe our intellectual property rights or those of any third party in relation to your use of the iFinancePay Services;
  5. You will not mislead or deceive or Impersonate any person, or misrepresent your identity or affiliation with any person;
  6. You will not collect or harvest any information or data from any content or our systems or attempt to decipher any transmissions to or from the servers running the iFinancePay Services;
  7. You understand that iFinancePay's total liability to you under or in connection with this Agreement shall be limited to $100.

LIMITATION OF LIABILITY

Nothing in this Agreement limits or excludes iFinancePay's liability for personal injury including death caused by its negligence, fraud or fraudulent misrepresentation or any other liability that cannot be excluded under law.

iFinancePay shall not be liable, whether in contract, tort (including negligence), breach of statutory duty or otherwise, for indirect, consequential or special loss, including loss of: profit, sales, business opportunity, agreements or contracts, anticipated savings or damage to goodwill arising under or in connection with this Agreement.

We exclude all conditions, warranties, representations or other terms which may apply to the Websites or the iFinancePay Services, whether express or implied to the extent permitted by law.

iFinancePay will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

  1. Use of, or inability to use, the Websites including any failure or delay in providing the Websites or the iFinancePay Services to you due to matters beyond reasonable control.
  2. Use of, or reliance on, any content displayed on the Websites;
  3. Rejection of your application for the iFinancePay Services;
  4. Any breach by the Merchant
  5. Any failure or fault in the Product purchased from the Merchant
  6. Any failure to deliver or delay in delivery of the Product; and
  7. Any breach by iFinancePay, including failure to make payment to the Merchant.
  8. A virus, denial-of-service attack, or any technologically harmful material that may infect your computer or other proprietary material due to your use of the Websites or to your downloading of any content on it, or any websites linked to it.

TERMINATION

You may request to terminate the Agreement and close your account at any time by contacting iFinancePay at info@ifinancepay.com. iFinancePay will process your request within 30 business days. If you owe any payments or outstanding amount, your account will not be closed by iFinancePay until that obligation has been satisfied. You may not close your account to evade an investigation. Closing of your account does not remove you from any obligations you are liable for.

iFinancePay may terminate this Agreement and suspend your use of or access to all or any part of the Websites or the iFinancePay Services determined by us in our discretion, or we suspect that may be the case if:

  1. You commit a breach of the Agreement;
  2. iFinancePay terminates its loan agreement with you;
  3. We consider termination necessary to protect the integrity or security of the systems;
  4. You are deemed as unable to pay your debts or as having no reasonable prospect of so doing;
  5. You apply for bankruptcy;
  6. You become subject of a bankruptcy petition or order;
  7. Your account has been inactive for two years or longer.

On termination or expiry:

On termination or expiry of this or any Agreement with iFinancePay, all rights granted to you under the Agreement shall cease and you must immediately cease all activities including your use of the iFinancePay Services. Following termination of the Agreement, all provisions shall remain in force and effect. Termination of this Agreement shall not affect any rights, remedies, obligations or liabilities that have accrued up to the date of termination, including the right to claim damages in respect of any breach of the Agreement which existed at or before the date of termination or expiry. iFinancePay will retain your information in accordance with its Privacy Policy and applicable law.

WAIVER

If iFinancePay fails to enforce any rights against you or if iFinancePay does not insist that you perform any of your obligations under this Agreement, or if there is a delay in doing so, that will not mean that iFinancePay has waived its rights against you and will not mean that you do not have to comply with those obligations. If iFinancePay does waive a default by you in writing, that will not mean that iFinancePay will automatically waive any later defaults by you.

ASSIGNMENT AND OTHER DEALINGS

You may not assign, transfer or deal in any other manner with any or all of your rights under this Agreement without the prior written consent of iFinancePay. iFinancePay may at any time assign, transfer or deal in any other manner with any or all of its rights under this Agreement, provided that such dealing will not materially affect your rights under this Agreement or the obligations owed to you under this Agreement.

ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter, with the exception of the terms set out in a separate loan agreement between you and iFinancePay.

Nothing in this Agreement affects the liabilities, rights and obligations of you and the Merchant under the applicable terms between you and the Merchant.

GOVERNING LAW AND JURISDICTION

The provincial laws of the Province of Ontario and the federal laws of Canada that apply in Ontario shall govern the interpretation, validity and effect of this agreement notwithstanding any conflict of laws principles. Users of this website hereby consent and submit to the non-exclusive jurisdiction of the courts of the Province of Ontario in any complaint, demand, action or proceeding instituted under or related to this agreement involving iFinancePay, iFinance Canada Inc. or its affiliates, subsidiaries, employees, contractors, officers, directors, content providers, and telecommunication providers.

If you wish to make further inquiries, access the information that we have about you, or obtain further information about our privacy policies, please contact:

Email: info@ifinancepay.com
Phone: 1-855-694-18171-855-694-1817
Fax: 1-888-689-9862
Attn: Privacy Officer