General

The website Loan-Busters.ca (“the Site”) is a site operated by Loan-Busters.ca (“We”). We are registered in Ontario, Canada. We may amend these Terms at any time without prior notice. You are expected to check these Terms from time to time and your continued use of the Site will mean that you accept any amendments to the Terms. We take protection of your privacy seriously and process information about you in accordance with our Privacy Policy.  By using the Site, you confirm you have read our Privacy Policy and that you consent to such processing. If you believe any material on the Site is inaccurate or intellectual property belonging to you or a third party has been improperly posted on the Site, please let us know by sending an email to info@loan-busters.ca.

About the site

Any loan or other product or service which you obtain via the Site will be subject to the terms and conditions of the relevant product provider or lender. Before proceeding with any loan or other product or service with the product provider, you should read its terms and conditions carefully and, where appropriate, take independent advice.

Application

In order to apply for any loan or other product or service via the Site you must be at least 18 years of age and a Canadian resident.

You must ensure that the details provided by you in your application or at any time thereafter are correct and complete and inform us immediately if there are any changes to those details. If any of the information provided has been falsified or misleading, Loan-Busters.ca reserves the right to immediately reject your application.

We do not warrant that your access to the Site will be uninterrupted, unrestricted, timely, secure and error-free (and we may suspend, restrict or terminate your access to the Site at any time), or that the Site and the server are free of computer viruses or other harmful applications. If a fault occurs in the service you should report it to us and we will attempt to correct the fault as soon as we reasonably can.

Data protection

If you make an application, your details will be held on a computer and used in a credit scoring and assessment by a person or other automated decision-making process when assessing your application. An inquiry will be made with Credit Reference Agencies, who will record it so that it can be viewed by other Agency users. Your information may also be sent to additional 3rd parties for further loan options who may also search your record with the credit reference agencies. Your information will also be checked with fraud prevention agencies and if false or inaccurate information is provided and fraud is identified, details will be passed to fraud prevention agencies to prevent fraud and money laundering. For the purposes of this application you may be treated as financially linked and your application will be assessed with reference to any “associated” records. If you are a joint (co) applicant or if you have told us some other financial association with another person, you must be sure that you are entitled and received authorization to:

Disclose information about your joint (co) applicant and anyone referred to by you, and provide authorization to Loan-Busters.ca to search, link or record information at credit reference agencies about you and anyone referred to by you.

You authorize us to make all inquiries necessary to verify this information to enable us to consider this application. By agreeing to the terms and conditions when making your application, you are giving your consent for your information to be used by Loan-Busters.ca for administrative and underwriting purposes. Under the terms of the act you have the right to obtain a copy of the information held about you upon payment of the appropriate fee.

 Miscellaneous

If any provision in these Terms is found by any court or other body of competent jurisdiction to be wholly or partly invalid or unenforceable then that provision or part will be severed from these Terms and the remaining provisions will continue in full force and effect.

If you breach these Terms and we fail to act or delay in acting in respect of such breach we will not waive our right to act in respect of any subsequent or similar breach.

We will not be responsible for any breach of these Terms or otherwise for any delay or failure in processing your application for any loan or other product or service where such breach, delay or failure is attributable to you and/or any third party or is otherwise caused by circumstances beyond our control.

Any agreement between us is made for the benefit of you and Loan-Busters.ca and, except for condition 6, is not intended to benefit, or be enforceable, by anyone else.

These Terms shall be governed by and construed in accordance with the laws of Ontario, Canada and you and Loan-Busters.ca irrevocably submits to the exclusive jurisdiction of the Ontario, Canada courts in relation to all disputes arising out of or in connection with these Terms.

Headings in these Terms are for convenience only and will not affect the interpretation of these Terms.

Disclaimer & Exclusions of Liability

5.1 We do not guarantee that any loans or other products or services offered to you through the Site will meet your requirements. In connection with loans, our aim is to find you a competitive loan from a lender on our panel of lenders based on your application and relevant circumstances. We do not guarantee that any loan which is offered to you is at the cheapest rate and/or on the most favourable terms which are available in the market.

5.2 We do not warrant that your access to the Site will be uninterrupted, unrestricted, timely, secure and error-free (and we may suspend, restrict or terminate your access to the Site at any time), or that the Site and the server are free of computer viruses or other harmful applications. If a fault occurs in the service you should report it to us and we will attempt to correct the fault as soon as we reasonably can.

5.3 To the fullest extent allowed by applicable law but subject to conditions 6.4 and 6.5 Loan-Busters.ca hereby expressly excludes all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and which are not expressly set out in these Terms and the Site is provided “as is”.

5.4 Where you are obtaining any loan or other product or service from a third party through the Site, the following provisions will apply subject in each case to clause 6.5:

5.4.1 Loan-Busters.ca does not accept any liability for either:

(a) any loss of income or revenue, loss of business or loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time however arising and whether caused by tort (including, without limitation, negligence), breach of contract or otherwise even if foreseeable; or

(b) any indirect or consequential loss or damage of any kind however arising and whether caused by tort (including, without limitation, negligence), breach of contract or otherwise, even if foreseeable.

5.4.2 the maximum liability of Loan-Busters.ca to you however arising in connection with that service (including, without limitation, in negligence) will not exceed the aggregate fees which we have received from you for that service.

5.5 Nothing in these Terms shall exclude the liability of Loan-Busters.ca for personal injury or death caused by its negligence, or its liability for fraudulent misrepresentation or fraud or for any other liability which cannot be excluded or limited under applicable law.

5.6 You agree to indemnify and keep indemnified Loan-Busters.ca from and against all losses, liabilities, costs (including legal costs) and expenses reasonably suffered or incurred by us, all damages awarded against us under any judgment by a court of competent jurisdiction and all settlements or sums paid by us as a result of any settlement agreed by us arising out of or in connection with:

5.6.1 any breach by you of any of these Terms; or

5.6.2 any contract or arrangement between you and a third party which is formed directly or indirectly through use of the Site.

5.7 Reference to Loan-Busters.ca in this condition 6 includes its officers, employees, agents and sub-contractors.

5.8 We do not represent that the Site or the material on the Site is appropriate or available for use outside of Canada. If you choose to access the Site from any location outside Canada, you do so at your own risk and it is your responsibility to ensure compliance with all foreign and local laws and requirements.