Effective as of January 2020
1. Object and acceptance
The Site offers a peer-to-peer lending platform that connects creditworthy individuals looking for a loan with people looking to invest, allowing Canadians to invest or borrow money (“Services”). THE SERVICES OFFERED THROUGH THE SITE ARE SUBJECT TO ADDITIONAL TERMS AND CONDITIONS.
2. Age restriction
If you have not reached the age of majority in your province or territory of residence, you must refrain from using the Site.
“Company“: goPeer Corporation and, where applicable and when the context so requires, any wholly-owned subsidiary of Company;
“Content“: Any information, text, image, graphics, video, user or visual interface, trademarks, sounds, artwork, computer code, Document or Data, published, disseminated or accessible through the Site;
“Document“: Any file in any format and on any medium whatsoever accessible on the Site;
“User(s)“: Any person accessing or using the Site, including you, whether as a borrower or an investor;
“Transactions”: Any transfer of funds between you and Company in connection with the Services;
“You/your/yours” (with or without capitalization): These terms refer to you specifically;
4. Prohibited uses of the site
You must refrain from any action that may affect the accessibility, security, integrity and functionality of the Site or Services, including without limitation:
- Any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Company’s systems or networks, or any systems or networks connected to the Site or to Company’s systems or networks;
- Any attempt by any means to probe, scan or test the vulnerability of the Site or any network connected to the Site, or to breach the security or authentication measures on the Site or any network connected to the Site;
- Any attempt by any means to interfere with the proper working of the Site, any Transaction being conducted on or via the Site or any other User’s use of the Site or Services.
You must refrain from any attempt by any means to gain unauthorized access to other Users’ accounts or Data, any portion or feature of the Site or any other systems or networks connected to the Site, including any Company server, or any of the services offered via the Site.
You must also refrain from:
- Using any “deep-link”, “page-scrape”, “robot”, “spider” or similar automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content;
- Reproducing or circumventing by any means the navigational structure or presentation of the Site or any Content;
- Obtaining or attempting to obtain any Data or Documents by any means not purposely made available through the Site at Company’s discretion.
5. Creation, login and use of account
To create a User account on the Site, you must complete the registration form on the Site. Company reserves the right to accept or decline the creation of your User account. You will be required to create a username and password to identify yourself when logging onto the Site.
You agree: (i) not to impersonate any person, (ii) not to create a false identity, and (iii) to update the information provided in case of modification. In addition, you will not create an account for anyone other than yourself, provide any email address that you do not own, or create multiple accounts.
You assume sole responsibility for any activity resulting from the use of your Identifiers by any person who may have obtained them by any means. Company has no obligation to verify the true identity or authority of any person using Identifiers to access and use the Site. Company will be able to act upon and comply with any communication made or instructions given in connection with the use of the Identifiers. Any access to or use of the Identifiers will be deemed to have been made by the actual account holder associated with the Identifiers. However, Company may, in its sole discretion, verify the identity of any person seeking to access and use the Site.
You will notify us immediately by sending a message to this effect to [email protected] if you know or suspect that your Identifiers have been lost, stolen, are known to another person or are being used by another person.
6. Termination or suspension of account
If your User account is terminated or suspended for any reason, this agreement and any other then existing agreements between you and Company will continue to apply and be binding upon you regarding your access to and prior use of the Site and Services as the case may be.
7. Communications to registered users
When you create a User account, you confirm that the email address you provide as well as your User account itself are and will at all times be active addresses to which you agree to receive documents and information intended for you, including offers and promotions that will be sent to you as part of your access to or use of the Site. It is your responsibility to ensure the email address remains operational and you must immediately inform us of any changes to your email address.
Except where the law requires the use of paper form or another means of communication, as the case may be, you agree that Company may deliver communications and documentation to you electronically over the Internet by either emailing them to the email address you have provided or by posting them on your User account, and such communications and documentation will be deemed to be delivered to you, whether or not you elect to open or view them.
These communications and documentation may include account statements, Transaction confirmations, and other documents or information relating to the activities and status of your account. You hereby acknowledge that it is your obligation to monitor your account, including the My Documents section, on a regular basis (at least every fifteen days). Every account statement, Transaction confirmation or other communication delivered by us to you shall be deemed to have been acknowledged as correct, approved and consented to by you, unless we receive written notice to the contrary within fifteen days after it was delivered to you.
You may request a paper copy of any documents delivered electronically for a fee by contacting us. We reserve the right to charge you for preparation and delivery of documents by means other than electronic.
Once your User account has been created, you may apply to use the Services as a borrower and/or an investor, subject to Company’s discretionary approval of your application and any additional terms and conditions as applicable depending on the nature of the Services requested.
Although individuals from all jurisdictions may complete the User account registration process to access the Site where permitted by law, the Site and the Services are only directed at and offered to parties residing or having their principal place of business in one of the provinces or territories of Canada. As such, only parties residing or having their principal place of business in one of the provinces or territories of Canada may be eligible to become a borrower or an investor. The foregoing is subject to applicable securities law and regulation in force in all jurisdictions.
We will only authorize transfers of funds to authorized deposit accounts with Canadian financial institutions held in your name. The deposit account indicated in your User account registration form upon will be set as your authorized deposit account by default. It is your responsibility to ensure this deposit account remains operational and you must immediately inform us of any changes to your deposit account.
10. Site availability
Company aims to ensure the highest possible availability of the Site, but cannot guarantee uninterrupted access and availability. Company reserves the right to interrupt the availability of the Site, including but not limited to the following:
- For the purposes of maintaining the Site, including updates;
- For the improvement and installation of new functionalities;
- For the verification and audit of the proper functioning and use of the Site;
- In the event of a breakdown or risk of breakdown
11. Intellectual property
All Content, including but not limited to the design, structure, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Company, and is protected by various intellectual property rights and unfair competition laws.
The use of the Site does not confer upon you any title of ownership or license to use any Content. Under no circumstances may you modify or create derivative works from the content to which you have access on the Site. No part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without Company’s express prior written consent.
You may use information and documentation purposely made available by Company for downloading from the Site, provided that you (1) do not remove any proprietary notice language in all copies of such documents, (2) use such information and documentation only for your personal, non-commercial informational purpose, (3) make no modifications to any such information and documentation, and (4) make no additional representations or warranties relating to such information and documentation.
12. Personal information
Company will notify you immediately in the event of any incident that may involve the privacy or security of your data or documents, including any act of piracy by a third party. In such an event, you agree to take all necessary steps to minimize any harm that may result.
13. Disclaimer of liability
COMPANY MAKES NO REPRESENTATION OR WARRANTY REGARDING THE COMPLETENESS, SUITABILITY OR ACCURACY OF THE INFORMATION ON THIS SITE FOR ANY PURPOSE. ALL SUCH INFORMATION IS PROVIDED BY COMPANY ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. COMPANY FURTHER DISCLAIMS ALL LIABILITY FOR ANY ERRORS OR OMISSIONS IN THE INFORMATION AT THIS SITE, FOR ANY ACTION TAKEN OR NOT TAKEN BY THE USER IN CONNECTION WITH THIS SITE, FOR ANY DAMAGE TO THE USER’S COMPUTER EQUIPMENT OR DATA, OR FOR ANY OTHER DAMAGE SUFFERED BY THE USER IN CONNECTION WITH THIS SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF DAMAGES, SO SOME USERS MAY NOT BE COVERED BY THE ABOVE EXCLUSION.
14. No offering or advice
UNDER NO CIRCUMSTANCES SHOULD ANY INFORMATION ON THIS SITE BE CONSTRUED AS A PUBLIC OFFERING OF SECURITIES IN ANY JURISDICTION. THE CONTENTS ARE PROVIDED SOLELY FOR INFORMATIONAL PURPOSES AND SHOULD NOT BE INTERPRETED AS A RECOMMENDATION OR AS GENERAL OR SPECIFIC FINANCIAL, LEGAL, TAX, INVESTMENT OR PROFESSIONAL ADVICE APPLICABLE TO ANY USER, BORROWER OR INVESTOR’S SPECIFIC CIRCUMSTANCES. THE CONTENTS MAY NOT BE RELIED UPON FOR INVESTMENT PURPOSES AND WE RECOMMEND THAT YOU CONSULT YOUR OWN PROFESSIONAL ADVISORS REGARDING USE OF THE SITE FOR ANY PURPOSE.
Company may assign its rights and obligations hereunder. You may not assign your rights and obligations hereunder or the privileges granted to your User account in any form.
18. Links to other sites
19. Applicable laws and dispute resolution
20. Complete agreement
21. Contact us