Smart Technology, Simple Loans | Car Financing | Quantifi (previously Encore)

Terms of Use

Last updated: June 27, 2019

The following terms of use (the “Terms of Use”) govern your access to and use of our online solution designed to establish the creditworthiness of individuals seeking loans, and to fund such loans, as applicable, currently made available through our website located at www.quantifi.ca (the "Quantifi Website" and such solution, the "Quantifi Solution"). These Terms of Use form an agreement between Quantifi Inc. ("Quantifi", "us", "we", "our") and you. The term "you" refers to the person or entity accessing or otherwise using the Quantifi Solution ("use" or "using" in these Terms of Use will mean any of the foregoing).

BY CLICKING THE REFERRAL LINK SENT TO YOU OR USING THE QUANTIFI SOLUTION, YOU: (A) REPRESENT AND WARRANT THAT: (I) YOU HAVE REACHED THE AGE OF MAJORITY IN YOUR JURISDICTION, (II) YOU HAVE THE CAPACITY TO ENTER INTO BINDING OBLIGATIONS, AND (III) ALL INFORMATION SUPPLIED BY YOU TO US THROUGH THE QUANTIFI SOLUTION IS TRUE, ACCURATE, CURRENT, AND COMPLETE; AND (B) AGREE TO BE BOUND BY AND COMPLY WITH THESE TERMS OF USE, AS UPDATED FROM TIME TO TIME IN ACCORDANCE WITH SECTION 1.

1. Changes to these Terms of Use and Quantifi Solution

Except where prohibited by applicable law, we reserve the right to change these Terms of Use at any time by posting a new version to the Quantifi Website. It is your obligation to monitor the Quantifi Website for any such changes. Your continued access to or use of the Quantifi Solution after any changes to these Terms of Use indicates your acceptance of such changes. It is your responsibility to review these Terms of Use regularly.

2. Data You Upload To Us

You grant to us an irrevocable, worldwide, non-exclusive, royalty-free, transferable and sub-licensable license during the Term to access, collect, store and use any data, information, records and files that you load, transmit to or enter into the Quantifi Solution (the "User Data"), to: (i) develop, enhance and make available the Quantifi Solution; and (ii) to produce data, information, or other materials that are not identified as relating to a particular individual or company (such data, information and materials, the "Aggregated Statistical Information"). We are free to create, use and disclose Aggregated Statistical Information for any purpose and without obligations of any kind.

3. Privacy

Please review our current Privacy Policy, available at www.quantifi.ca/privacy_policy.html, which contains important information about our practices in collecting, storing, using and disclosing information about identifiable individuals ("Personal Information"), and which is hereby incorporated into and forms a part of these Terms of Use.

4. Ownership

All rights, title and interest, including intellectual property rights, in the Quantifi Solution, Aggregated Statistical Information and all other materials provided by us hereunder, and any update, adaptation, translation, customization or derivative work thereof, will remain with us (or our third party suppliers, if applicable). The Quantifi Solution and all materials provided by us hereunder are made available or licensed and not "sold" to you. All rights not expressly granted to you in these Terms of Use are reserved.

5. No Unlawful or Prohibited Use

You will not use the Quantifi Solution in violation of these Terms of Use or of any applicable law. You will not, without our prior written permission, use the Quantifi Solution for any purpose other than to provide the required information and to obtain information regarding your loan. Without limiting the generality of the foregoing, you will not (and will not attempt to) directly or indirectly:

(a) send, upload, collect, transmit, store, use, post, publish, or otherwise communicate on the Quantifi Solution any data, information, pictures, videos, music or other materials or content that: (i) contains any computer viruses, worms, malicious code, or any software intended to damage or alter a computer system or data; (ii) you do not have the lawful right to send, upload, collect, transmit, store, use, publish, or otherwise communicate; (iii) is false, intentionally misleading, or impersonates any other person; (iv) is bullying, harassing, abusive, threatening, vulgar, obscene, or offensive, or that contains pornography, nudity, or graphic or gratuitous violence, or that promotes violence, racism, discrimination, bigotry, hatred, or physical harm of any kind against any group or individual; (v) is harmful to minors in any way or targeted at minors; (vi) infringes, violates or otherwise misappropriates the intellectual property or other rights of any third party (including any moral right, privacy right or right of publicity); or (vii) encourages any conduct that may violate any applicable laws or would give rise to civil or criminal liability;

(b) disable, overly burden, impair, or otherwise interfere with servers or networks connected to the Quantifi Solution (e.g., a denial of service attack);

(d) use any data mining, robots, or similar data gathering or extraction methods, or copy, modify, reverse engineer, reverse assemble, disassemble, or decompile the Quantifi Solution or any part thereof or otherwise attempt to discover any source code; or

(e) use the Quantifi Solution for the purpose of building a similar or competitive product or service.

6. Third Party Content, Websites or Services

The Quantifi Solution may provide links or access to third party content, websites, or services. Likewise, we may allow you to access the Quantifi Solution from third party systems. Quantifi does not endorse any third party content, websites, services, or systems, or guarantee their quality, accuracy, reliability, completeness, currency, timeliness, non-infringement, merchantability, or fitness for any purpose. Third party content, websites, services, or systems are not under Quantifi's control, and if you choose to access any such content, websites, or services, or to access the Quantifi Solution from such systems, you do so entirely at your own risk. You acknowledge that you may be required to accept terms of use applicable to third party content, websites, services, or systems and agree to accept and comply with any such terms of use.

7. Malicious Code

The downloading and viewing of content is done at your own risk. We do not guarantee or warrant that the Quantifi Solution is compatible with your computer system or that the Quantifi Solution, or any links from the Quantifi Solution, will be free of viruses, worms, trojan horses or disabling devices or other code that manifests contaminating or destructive properties. You are responsible for implementing safeguards to protect the security and integrity of your computer system, and you are responsible for the entire cost of any service, repairs or connections of and to your computer system that may be necessary as a result of your use of the Quantifi Solution.

8. Communications Not Confidential

We do not guarantee the confidentiality of any communications made by you through the Quantifi Solution. We do not guarantee the security of data transmitted over the Internet or public networks in connection with your use of the Quantifi Solution.

9. Disclaimer

YOU ACKNOWLEDGE, UNDERSTAND, AND AGREE THAT THE QUANTIFI SOLUTION IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THE QUANTIFI SOLUTION WHETHER EXPRESS, IMPLIED, STATUTORY OR COLLATERAL, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, COMPATIBILITY, TITLE, SECURITY, RELIABILITY, COMPLETENESS, QUIET ENJOYMENT, ACCURACY, RELIABILITY, CURRENCY, TIMELINESS, QUALITY, INTEGRATION, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, OR ANY WARRANTIES OR CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE, OR THAT THE QUANTIFI SOLUTION IS OR WILL BE ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION.

WITHOUT LIMITING THE FOREGOING: (I) YOU ACKNOWLEDGE AND AGREE THAT WE ARE UNDER NO OBLIGATION TO APPROVE ANY LOANS TO YOU AND MAY REJECT YOUR APPLICATION FOR A LOAN, AT OUR SOLE DISCRETION, FOR ANY REASON OR NO REASON AT ALL; AND (II) YOU ACKNOWLEDGE THAT THIRD PARTIES (E.G., CAR DEALERSHIPS) MAY HAVE PROVIDED QUANTIFI WITH INFORMATION THAT YOU HAVE PROVIDED THEM, INCLUDING PERSONAL INFORMATION ABOUT YOU, AND AGREE THAT QUANTIFI WILL HAVE NO LIABILITY IN CONNECTION WITH WHETHER SUCH THIRD PARTIES HAVE OBTAINED VALID AND INFORMED CONSENT FROM YOU TO PROVIDE US WITH THAT INFORMATION. WE WILL USE COMMERCIALLY REASONABLE EFFORTS TO COMPLY WITH YOUR REQUEST TO CORRECT OR DELETE SUCH PERSONAL INFORMATION ABOUT YOU IN ACCORDANCE WITH OUR PRIVACY POLICY REFERENCED IN SECTION 3 (PRIVACY).

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES; OR LOST PROFITS, LOSS OF USE, LOSS OF DATA, PERSONAL INJURY, FINES, FEES, PENALTIES OR OTHER LIABILITIES, IN EACH CASE, WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM OR RELATED TO THE QUANTIFI SOLUTION OR THESE TERMS OF USE.

FOR ANY OTHER DAMAGES, OR TO THE EXTENT THAT THE FOREGOING LIMITATION IS NOT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL OUR TOTAL AGGREGATE LIABILITY IN CONNECTION WITH OR UNDER THESE TERMS OF USE, OR YOUR USE OF, OR INABILITY TO MAKE USE OF, THE QUANTIFI SOLUTION EXCEED $100CAD. FOR GREATER CERTAINTY, THE EXISTENCE OF ONE OR MORE CLAIMS UNDER THESE TERMS OF USE WILL NOT INCREASE THIS MAXIMUM LIABILITY AMOUNT.

11. Indemnification

You will defend, indemnify and hold harmless us and all of our officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including reasonable legal and accounting fees, arising out of or in connection with:

(a) your breach of any provision of these Terms of Use or any documents referenced herein;

(b) your violation of any law or the rights of a third party (including intellectual property rights); or

12. Term and Termination; Survival

(a) These Terms of Use will commence on the day you first use the Quantifi Solution and will continue into force until terminated by either party (the "Term"). Either party may terminate these Terms of Use as follows: (a) we may terminate these Terms of Use at any time and with immediate effect by giving notice to you, at our discretion, by email (at your current email address on file with us) or through the Quantifi Solution; (b) you may terminate these Terms of Use at any time and with immediate effect by informing Quantifi (by email or, if available, through any then-available interfaces on the Quantifi Solution) that you no longer wish to use the Quantifi Solution and ceasing use of the Quantifi Solution. For greater certainty, if you continue to use any portion of the Quantifi Website that is publicly available after these Terms of Use have been terminated, these Terms of Use will continue to apply to the extent of such use.

(b) The following Sections, together with any other provision of these Terms of Use which expressly or by its nature survives termination or expiration, or which contemplates performance or observance subsequent to termination or expiration of these Terms of Use, will survive expiration or termination of these Terms of Use for any reason: Sections 4 (Ownership), 6 (Third Party Content, Websites or Services) 7 (Malicious Code), 8 (Communications Not Confidential), 9 (Disclaimer), 10 (Limitation of Liability), 11 (Indemnification), 12(b) (Survival), and 13 (General Provisions).

13.General Provisions

(a) Choice of Law.

Except as restricted by applicable law, these Terms of Use will be governed by the laws of the Province of Alberta and the federal laws of Canada applicable therein and such laws apply to your access to or use of the Quantifi Solution, notwithstanding your domicile, residency or physical location. You will only use the Quantifi Solution in jurisdictions where the Quantifi Solution may lawfully be used. Except as restricted by applicable law, you hereby consent to the exclusive jurisdiction and venue of courts in Calgary, Alberta, Canada in all disputes arising out of or relating to the use of the Quantifi Solution

(b) Entire Agreement.

These Terms of Use constitute the entire agreement between you and us pertaining to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the Quantifi Solution. A printed version of these Terms of Use and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Our failure to insist upon or enforce strict performance of any provision of these Terms of Use will not be construed as a waiver of any provision or right. A waiver of any provision of these Terms of Use must be in writing and a waiver in one instance will not preclude enforcement of such provision on other occasions.

(d) Severable.

If any of the provisions contained in these Terms of Use are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such provision will be severed from these Terms of Use and all other provisions of these Terms of Use will remain in full force and effect.

(e) Assignment.

You will not assign these Terms of Use to any third party without our prior written consent. We may assign these Terms of Use or any rights under these Terms of Use to any third party without your consent. Any assignment in violation of this Section will be void. The terms of these Terms of Use will be binding upon permitted assignees. These Terms of Use will inure to the benefit of and be binding upon the parties, their permitted successors and permitted assignees.

(f) English Language.

It is the express wish of the parties that these Terms of Use and all related documents be drawn up in English. C’est la volonté expresse des parties que la présente convention ainsi que les documents qui s’y rattachent soient rédigés en anglais.