Terms and conditions

TERMS AND CONDITIONS OF USE

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Acceptance of Terms

Xcash Money Solutions (referred to below as "Xcash", "we", "us" and "our") offers lending services through our mobile and tablet applications (the "App"). We also maintain our website at www.xcash.ca (the "Website") and various social media platforms for informational and promotional purposes. The use of our App and Website by all users (referred to below as "you" and "your") and access to our services is subject to these Terms and Conditions of Use (the "Terms").

If you wish to access and use our App, Website and/or services, then you must accept and agree to be bound by and comply with these Terms. Please read these Terms carefully before accessing or using App, Website or services because they represent a legally binding agreement between you and Xcash.

IF YOU DO NOT ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS, THEN YOU MAY NOT USE OUR APP AND WEBSITE OR ACCESS OUR SERVICES.

If you wish to use our lending services, then you will be required to confirm that you accept and agree to these Terms.

Eligibility

You must be at least 19 years old to access and use the App, apply for a loan and use our services. The services offered through the App are only intended for access and use by individuals residing in the provinces of Canada where Xcash carries on business. The App may contain technologies that restricts or limits its use based on location.

Our Website is generally available to be viewed by the public for informational purposes only. However, access to our services through our App is limited to the persons described above.

Intellectual Property

The Xcash name, logo and design and other related trade-marks and symbols are trade-marks and trade names owned or used under licence by Xcash. You acknowledge and agree that any and all intellectual property rights belong exclusively to Xcash Canada and/or its affiliates.

Our App and Website and their entire content, including, but not limited to all text, software, images, audio and video files, designs and other materials or elements (collectively, "Content") is protected by copyright and/or other intellectual property laws and is owned by Xcash or its licensors. You will not copy, reproduce, transmit, modify, prepare derivative works based upon, distribute, publish, license, sell or transfer any content or material of our App or Website, in whole or in part, except unless expressly permitted by Xcash.

You are prohibited from decompiling, disassembling, reverse engineering or otherwise attempting to discover any source code contained in our App and Website.

You do not have any right or license to our App and Website other than the limited personal right to use the App and Website in accordance with and subject to these Terms.

Privacy

Xcash respects your right to privacy. By using the App and Website, you consent to the collection, use, disclosure and retention of your personal information by or on behalf of Xcash as explained in our Privacy Policy (as revised from time to time) and as otherwise permitted by applicable law. Our Privacy Policy may be accessed through our App and Website.

By using our Website, you are also consenting to how we use "cookies" as further described in our Privacy Policy.

Prohibited Use

You agree to use the App and Website and the services we offer for lawful purposes only and in compliance with these Terms and all applicable laws, rules and regulations.

You agree that you will not use the App and Website in any manner that could damage, disable, overburden, or impair the App and Website or interfere with any other party's use and enjoyment of the App and Website.

You agree that you will not use any device, software or routine that could interfere with the proper functioning of the App and Website, including without limitation the use of any virus, worm, trojan horse, disabling device or other malicious code.

You agree not to gain or attempt to gain unauthorized access to, interfere with, damage or disrupt any part of the App and Website, the server on which the App and Website are stored, or any server computer or database connected to the App and Website.

Accessing App and Services

Our lending services are accessed exclusively through the App. To access our lending services, you must successfully login to the App by filling personal information acceptable to Xcash. The first time that you login to the App, we will register you for a Xcash client profile based on the information submitted. If you login to the App, you acknowledge and agree that personal information that you have provided will be shared with Xcash, and that we may obtain, collect, store and use your personal information subject to the terms of our Privacy Policy.

Applying for a loan requires you to provide us with personal information, such as your name, address, phone number, email address, date of birth, social insurance number, bank account information, and credit and employment history. Your Xcash client profile will be updated with the information that you submit to us in connection with any loan application. By submitting an application for a loan, you represent and warrant to Xcash that all information that you provide to us during the application process is truthful, accurate and complete in all respects, and you agree to comply with these Terms.

You may only have one Xcash client profile at a time, unless otherwise authorized by us. You may request linking other social media accounts to your client profile by contacting our client support team.

You agree to supply accurate, complete and current information in all loan applications that you submit to us, and to promptly advise us of any changes to keep your information true, accurate, current and complete.

You will be responsible for any and all losses, damages and costs that we and/or our service providers or others may incur as a result of your submission of any false, incorrect or incomplete information or your failure to update your information that you submit via our App.

You are responsible for monitoring, controlling access to and maintaining the confidentiality of your login details used to access the App. You will not allow another person to use your login details to access the App. You are responsible for ensuring that you exit from the App at the end of each session. You will be responsible for any loss resulting from any unauthorized access to your client profile due to your fault or negligence. You agree to immediately notify us of any unauthorized access to your client profile and any breach of confidentiality.

Credit and Employment Information

If you apply for a loan through our App, then we will require personal information and credit information about you in order to establish your creditworthiness. You agree to provide to us any and all such information that we reasonably require to assess your loan application.

By submitting a loan application to Xcash through our App, you agree to your credit and employment information being provided to us by credit reporting agencies, employers, government agencies and any other parties that may have any knowledge of your credit or employment, and you authorize these parties to provide this information to us.

Disclaimer

Xcash does not make any representation or warranties regarding the correctness, accuracy, completeness or reliability of the content of the App and Website, and we do not assume responsibility for any errors, omissions or inaccuracies in the App and Website and any related content. You acknowledge that any information obtained or acquired through the use of the App and Website is used at your sole risk and discretion, and we will not be liable or responsible to you in any way.

Downloading any content from our App and Website is done at your own risk. Xcash does not guarantee or warrant that the App and Website and any associated content will be free from viruses, worms, trojan horses, disabling devices or other malicious code that may have contaminating or destructive properties. You are responsible for implementing safeguards to protect the security and integrity of your computing and mobile devices.

IF YOU CHOOSE TO USE OUR WEBSITE OR APP, OR ACCESS ANY OF OUR SERVICES, YOU DO SO VOLUNTARILY AND AT YOUR SOLE RISK. OUR WEBSITE, APP AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OR CONDITIONS OF QUALITY, ACCURACY, RELIABILITY, COMPLETENESS, CURRENCY, TIMELINESS, QUIET ENJOYMENT, SYSTEMS INTEGRATION, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, ALL OF WHICH XCASH EXPRESSLY DISCLAIMS. THE ENTIRE RISK ASSOCIATED WITH THE USE OF OUR SERVICES, APP AND WEBSITE WILL BE BORNE SOLELY BY YOU.

Access to and use of our Website, App and services may be subject to limitations, delays and other problems inherent to the use of the internet and electronic communications. Xcash does not warrant or guarantee the continuous and uninterrupted availability and accessibility of the App and Website, or that they will operate error-free and without loss of data. We are not responsible and will have no liability to you for any delays, or other damage resulting from such problems, or from the unavailability of the Website, App or our services for any reason.

If you are dissatisfied with our Website, App or services, your sole and exclusive remedy is to discontinue using the same.

Limitation of Liability

SUBJECT TO APPLICABLE LAW, IN NO EVENT WILL XCASH BE LIABLE TO YOU FOR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL DAMAGES, LOST PROFITS, LOSS OF USE OR LOSS OF DATA (EVEN IF XCASH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR ACCESS TO, USE OF, OR RELIANCE UPON THE APP, WEBSITE AND OUR SERVICES, ANY INABILITY TO USE OR ACCESS THE WEBSITE, OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THE APP AND WEBSITE, REGARDLESS OF THE CAUSE AND WHETHER ARISING AS A RESULT OF BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR UNDER ANY OTHER THEORY OF LAW.

Indemnity

You agree to defend, indemnify and hold Xcash and its affiliates, and their respective directors, officers, employees, subsidiaries, affiliates, successors, assigns, agents, service providers harmless from and against any claims, actions or demands, liabilities, costs, expenses and settlements, including without limitation reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms, your breach of any of the representations and warranties herein, or your violation of any rights of another person.

Suspension or Termination of Access

We reserve the right, in our sole discretion, to suspend or terminate your client profile and your access to the App and any related services at any time, without notice or liability, if: (a) you have breached your obligations under these Terms; (b) you have violated applicable laws, regulations or third party rights; or (c) Xcash reasonably believes in good faith that termination is necessary to protect the safety or property of Xcash or third parties.

If your client profile is blacklisted, then: (a) you acknowledge and agree that all licences and rights to use the App will terminate; (b) you will cease any and all use of the App; and (c) you will delete the App from all of your computing devices.

Links to Other Websites

Our App and Website may contain links or references to other websites (collectively, "Linked Websites") that are not operated or controlled by Xcash. Xcash is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Xcash of the Linked Website or any association with its operation. We are not responsible for the content, accuracy or opinions expressed in any Linked Websites and Xcash does not monitor or check Linked Websites for completeness or accuracy. Xcash will not be liable for any loss or damage of any kind incurred as a result of or in connection with your use of, or reliance on, any Linked Website. All risks associated with the use of, or reliance on, the content of any Linked Websites will be borne by you.

Changes to Terms and Conditions

We reserve the right, at our sole discretion, to modify these Terms at any time. Any modifications will become effective immediately upon being posted to our App and Website. Your continued access to or use of the App and Website after such changes indicates your acceptance of the modified Terms. It is your responsibility to review these Terms on a regular basis to remain up-to-date with any changes.

Governing Law

These Terms will be governed in all respects by the laws of the Province of Ontario and applicable federal laws of Canada, without giving effect to any choice of law or conflict of law provision. Any legal action that you may bring in connection with any matters related to our App and Website must be brought in the court of the Province of Ontario.

Our App is intended for use only within the jurisdictions where our services may lawfully be offered.

General

These Terms constitute the entire agreement between you and Xcash regarding your use of our App and Website. If you use any of our services to apply for a loan, then additional terms and conditions will apply as set out in the applicable service agreements, which you will be required to accept in order to receive the loan.

You agree that any notices given to you in relation to these Terms and any use of our services can be delivered to: (a) the email address that you have provided to us in connection with your client profile; or (b) through the App, in which case you will also receive an email referring you to the App.

Our failure to insist upon or enforce the strict performance of any provision of these Terms will not be construed as a waiver of any provision or right.

If any part of these Terms is determined to be unlawful, void or unenforceable, then that part will be severed from these Terms and will not affect the validity or enforceability of the remaining provisions.

Version Date: December 1, 2020