Terms of Use

(Updated as of February 28, 2022).

Welcome,

You are visiting the WEBSITE www.LoonieFinancial.com (“WEBSITE”) powered by Speedy King (“US” “OUR” OR “WE”). In these Terms of Use “You” and “Your” means the user and/or visitor. The Terms of Use constitute an agreement between Us and You, governing your access and use of this website, www.LoonieFinancial.com.

“Information” means any confidential and/or personally identifiable information or other information related to you, including but not limited to the following: name, email address, post/shipping address, phone number and financial information.

“Network Partner” means any third-party entity currently in a business relationship with Us such as affiliates, service providers or Our related businesses.

“Services” means the products, services, portals and websites offered or available to you by Us.

“Website” means www.LoonieFinancial.com as well as any URL through which we provide the Services to you.

“You” or “Your” means you and any other person or entity entering into these Terms of Use with us or using the Services.

PLEASE CAREFULLY REVIEW THESE TERMS OF USE BEFORE USING THIS WEBSITE. WHEN YOU ACCESS OR USE THE WEBSITE, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS OF USE AND TO THE COLLECTION AND USE OF YOUR INFORMATION AS SET FORTH IN THE PRIVACY POLICY WHETHER OR NOT YOU APPLY FOR A LOAN WITH US. WE REQUIRE THAT ALL USERS AND/OR VISITORS TO OUR WEBSITE ADHERE TO THE FOLLOWING TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD IMMEDIATELY CEASE BROWING AND/OR USING THE WEBSITE.

These Terms of Use also govern Your credit application. When you apply for credit, you must agree to these Terms of Use before your credit application can be processed by Us. We will agree to analyze your credit application only if you accept these Terms of Use. Despite compliance with these Terms of Use, We have no obligation to accept Your credit application. The acceptance or non-acceptance of Your credit application and the continuance of a credit account is at Our sole and exclusive discretion. A Borrower account may be de-activated at any time, at Our sole discretion, without any applicable damages against Us. These Terms of Use are applicable in addition to any other applicable agreement between the parties and remain valid throughout the credit service provided by the lending company.

Certain areas of the Website, including, but not limited to, the areas of the Service through which you may choose to submit personally identifiable Information, may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions (“Application Terms”). If there is a conflict between these Terms of Use, and the Application Terms posted for a specific area of the Service, the Application Terms will take precedence with respect to your use of or access to that area of the Service.

1. The Services offered on this Website are not available to persons under the age of eighteen (18) or to persons who are not legal residents of Canada. By accessing, browsing and/or using this Website, including applying for or using any of its Services, you represent and warrant that you are at least 18 years of age, you are not considered unfit or under guardianship and are a legal resident of Canada.
2. The subject matter of your credit application must not be done, directly or indirectly, for illegal, prohibited or criminal purposes, by fraudulent means and/or intent or for money-laundering purposes and/ or any other act considered bad faith by Us
3. Not all Services will be available in all geographic areas. Your eligibility for Services is subject to final determination by Us.
4. A credit application and/or your credit account with Us has not been refused or de-activated by Us in the past thirty (30) days prior to applying for a new credit application.

You represent and warrant to Us that (i) you are at least 18 years of age; (ii) a legal resident of Canada (iii) you are authorized to enter into this agreement; (iv) you will not use this Website or the contents herein for any purpose or manner that violates any laws, regulation or that infringes the rights of us or any third party; (v) any information or data you provide to us will not violate any law, regulation or infringe the rights of any third party; (vi) all information that you provide to us in connection with this Website (e.g. name, e-mail address, phone number and/or other information) is true, correct and accurate; and (vii) you are authorized and able to fulfill and perform the obligations and meet the conditions of a user as specified herein.

This Website is made available to You by Us at Our office on Tribal land. Because We are a Tribal entity, You may be limited in what claims, if any, You may be able to assert against Us. It is Our express intention to fully preserve, and not waive either in whole or in part, exclusive jurisdiction, sovereign immunity, and/or any other rights, titles, privileges, and immunities, to which We are entitled. To protect and preserve the rights of the parties, no person may assume a waiver of immunity exists except by Our express written resolution.

As a condition of Your use of this Website, You agree that You will not take any action intended to: (i) access data that is not intended for You; (ii) invade the privacy of, obtain the identity of, or obtain any personal information about any of Our customers or users of this Website; (iii) probe, scan or test the vulnerability of this Website or the Loonie Financial network or breach security or authentication measures without proper written authorization; (iv) attempt to interfere with service to any user, host or network or otherwise attempt to disrupt our business. Violations of system or network security may result in civil or criminal liability.

While We use reasonable efforts to safeguard the security of the Website, there can be no guaranty that such safeguards will successfully prevent unauthorized alterations in the content or functionality of the Website. We assume no liability or responsibility for any unauthorized alterations in the content or functionality of the Website.

Please note that certain links on Our Website may take you to other websites. We provide these links only as a reference and not as an endorsement by Us as these linked websites are not necessarily under Our control. If You decide to visit any linked website, you do so at your own risk. We are not responsible for the content, information products or services provided by and/or appearing on any such linked websites or any other web page which is not part of the Website under Our control. You hereby agree that We will not be responsible or liable in any way for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in any website linked from Our Website.

To process your credit application, as mentioned above, We must verify the information about You. The types of information that We will collect depends on the information that You will provide and on how you use the Website. You hereby understand and agree that at the time of your request for a credit application, We collect the content of the credit application, communications and any other information You provide Us with, including when you create an account, create or share content, or when you communicate with, or send messages to anyone of Our Network Partners. This may include information in or about content that You provide (for example, metadata), such as the location of a photo or the date a file was created. You hereby formally consent that all such information collected may be used by Us in the management of your credit application and may be passed on to any of Our Network Partners for the purpose of investigation or aggregation of data. Your data may be part of Our database assisting program or any of Our Network Partners for the purposes of processing and investigating credit applications, under the conditions mentioned above or otherwise, and such information may be retained for an indefinite term by Us and any of Our Network Partners to that effect. The data may be shared with public or legal authorities, whereby the law require Us to do so and/or a court orders Us to do so. You expressly agree that the limitations and exclusions of liability and the disclaimers set forth herein will survive, and continue to apply in the case of, a fundamental breach or breaches, the failure of essential purpose of contract, the failure of any exclusive remedy or termination of this agreement.

We respect your privacy and use generally accepted industry standards to safeguard your personally identifiable information. For additional information regarding this Website’s collection and use of your personally identifiable information in connection with your use of this Website, please see our Privacy Policy for more information. We and/or Our Network Partners may obtain, verify, and record information including, but not limited to, your name, social insurance number, address, telephone number and date of birth, that will allow to properly identify You. While We use reasonable efforts to safeguard the security of the Website, there can be no guaranty that such safeguards will successfully prevent unauthorized alterations in the content or functionality of the Website. We assume no liability or responsibility for any unauthorized alterations in the content or functionality of the Website.

All content within this Website, including without limitation all software, graphics, text, design, images, illustrations, databases, user interfaces, visual interfaces, audio, design, structure, arrangement, products and information (collectively, “Content”) of this Website are owned, controlled, and licensed by Us and/or its licensors. The Content is protected by trademark, copyright, and patent laws, and other intellectual property rights and unfair competition laws. Except as expressly stated herein, no part of the Websites or Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, transmitted, or distributed in any way, including the use of framing or mirrors, to any other computer, server, website or other medium for publication.

THE INFORMATION AND MATERIALS CONTAINED ON THIS WEBSITE ARE PROVIDED “AS IS” AND WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ACCURACY. ADDITIONALLY, WE DO NOT WARRANT THAT THE WEBSITE IS FREE FROM HARMFUL VIRUSES.

WE MAY AMEND OR MODIFY THE CONTENT OF THIS WEBSITE WITHOUT NOTICE TO YOU OR ANY LIABILITY TO YOU. YOU USE THIS WEBSITE AT YOUR OWN RISK AND YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES.

UNDER NO CIRCUMSTANCES WILL WE, LOONIE FINANCIAL, WWW.LOONIEFINANCIAL.COM, ITS MEMBERS, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS OR ASSIGNS BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, COST OF PROCURING SUBSTITUTE SERVICE OR LOST OPPORTUNITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE, ANY LINKED WEBSITE, OR RESULTING FROM A DELAY OR INABILITY TO USE THE WEBSITE OR A LINKED WEBSITE. UNDER NO CIRCUMSTANCES WILL WE, LOONIE FINANCIAL, WWW.LOONIEFINANCIAL.COM, ITS MEMBERS, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS OR ASSIGNS BE LIABLE TO YOU FOR ANY LOSS THAT IS DUE TO UNAUTHORIZED ACCESS, UNAUTHORIZED DISCLOSURE AND/OR MODIFICATION TO ANY OF YOUR INFORMATION.UNLESS OTHERWISE EXPRESSLY SET FORTH IN A WRITTEN AGREEMENT WITH YOU, WE SHALL NOT BE LIABLE FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THIS WEBSITE OR ITS CONTENT.

You expressly agree that the limitations and exclusions of liability and the disclaimers set forth herein will survive, and continue to apply in the case of, a fundamental breach or breaches, the failure of essential purpose of contract, the failure of any exclusive remedy or termination of this agreement.

By using the Website, You agree to defend, indemnify, and hold harmless, Loonie Financial, www.LoonieFinancial.com, its members, affiliates, directors, officers, employees, agents, contractors, successors and assigns (“Indemnified Parties”) from and against any and all losses, claims, damages, costs and expenses (including but not limited to reasonable legal and accounting fees) that the Indemnified Parties may incur arising or resulting from (a) Your use or reliance on, or publication, communication, or distribution of anything on or from this Website, (b) the content of the Website, (c) your access or use of the Website or content or (d)Your breach of any of these Terms of Use. The Indemnified Parties reserve the right to assume or participate, at Your expense, in the investigation, settlement and defense of any such action or claim.

We operate Our business on the Mohawk Territory of Kahnawake, in the Province of Quebec and any acceptance of the credit application will be considered to have been made on the Mohawk Territory of Kahnawake and is subject to the laws of the Mohawk Territory of Kahnawake and those of the First Nations of Canada, notwithstanding your place of residence or the place where your request has been made. These Terms of Use shall be interpreted and governed by the laws of the Mohawk Territory of Kahnawake or comparable jurisdiction including any applicable regulations, treaties, and the Indigenous laws in Canada.

You hereby understand and agree that in the event of any controversy, claim or dispute arising out of or relating to Your credit application and/or the Terms of Use and to encourage resolution of consumer complaints as well as provide an authorized method of dispute resolution for consumers, all complaints lodged, filed, or otherwise submitted by You or on Your behalf must follow the Dispute Resolution Procedure, as described therein at, http://fnla.ca/dispute-resolution-policy.

Furthermore, You hereby understand and agree that by using Our Website, applying for Our loan products and/or using Our loan products and/or Services, you waive any right you may have to commence or participate in any class action against us related to any Dispute and where applicable, you also agree to opt out of any class proceedings against Us.

We may make changes to the Terms of Use from time to time. If we do this, we will post the changed Terms of Use on the Website and will indicate at the top of this page the date the Terms of Use were last revised. You understand and agree that your continued use of Our Services or the Website after we have made any such changes constitutes your acceptance of the new Terms of Use.

This Website is not directed at children under the age of thirteen (13) or anyone under the age of eighteen (18) and We do not knowingly collect personal information at this Website from anyone under the age of eighteen (18). By using this Website, You represent and warrant to Us that You are at least 18 years of age.

We may give notice to its users by means of a general notice on this Site, email to a user’s email address in our records, or by written communication sent by registered mail to a user’s address in our records. In order to receive electronic communications, you will need a working connection to the Internet. Your browser must support the Secure Sockets Layer (SSL) protocol and (at least) 128 bit encryption. SSL provides a secure channel to send and receive data over the Internet through HS encryption capabilities. Microsoft Internet Explorer 10 or above, the most current version of Google Chrome, or equivalent software support this feature. You will also need a printer connected to your computer to print disclosures/notices. We do not provide Internet Service Provider (ISP) services. You must have your own ISP.

If any portion of these Terms is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, the Terms shall not be deemed unlawful, void or unenforceable, but only that portion that is unlawful, void or unenforceable shall be stricken from these Terms. You agree that if We do not exercise or enforce any legal right or remedy which is contained in the Terms (or which We have the benefit of under any applicable law), this will not be taken to be a formal waiver of Our rights and that those rights or remedies will still be available to Us. All covenants, agreements, representations, and warranties made in these Terms shall survive Your acceptance of the Terms and the termination of the agreement(s) contained herein. These Terms represent the entire understanding and agreement between You and Us regarding Your use of the Website and supersede all other previous agreements regarding same.

If You have any questions or concerns regarding this Site, please contact Us by email at support customerservice@looniefinancial.com or by phone at 1 (833) 423-2208.

1329-B Arena Road, Lot 110, Kahnawake Mohawk Territory Via:Quebec, Canada J0L 1B0