Terms of Use

Terms of Use

Updated 20/07/2020

Thank you for visiting www.getloop.ca (the “Site”).

The use of this Site for any purpose is subject to these Terms of Use for the Website (the “Terms”). The Terms and the Privacy Policy (the “Privacy Policy”) constitute a binding legal agreement between you and Loop Financial Inc., its subsidiaries and affiliated companies, including, without limitation, Loop Funding Inc. and Loop Fund I LP (collectively, the “Loop Entities”), governing your access to and use of the Site and use of the services and applications offered by Loop Entities as supplemented by the “Loan Documents” as these terms are defined herein. Access to and use of the Site is conditional on your acceptance of and compliance with the Terms and the Privacy Policy. Please read the Terms and the Privacy Policy carefully before browsing or using this Site or becoming a ”User” or “Borrower” as these terms are defined herein. By using this Site, you unconditionally agree to follow and be bound by the Terms and the Privacy Policy. Where you are acting on behalf of any other party, you hereby confirm that you have the authority to bind, and you hereby bind, such other party to the Terms and the Privacy Policy. All references to “you” and “your” herein include references to each and every party that you are acting on behalf of, except where the context otherwise requires.

IF YOU DO NOT ACCEPT THESE TERMS AND THE PRIVACY POLICY, YOU SHOULD NOT USE THIS SITE.

The contents of the Site include, without limitation, all information, data, products, materials, services, software applications and tools, design elements, text, images, photographs, illustrations, audio and video contents, artwork and graphics contained therein or otherwise made available to you in connection therewith (collectively, the “Contents”) and, unless the context clearly requires otherwise, or it is explicitly stated in writing, the Site includes all the Contents.

You are encouraged to frequently review the Terms and the Privacy Policy.

If you have not reached the age of majority in your province or territory of residence, you must refrain from using the Site. You are solely responsible for ensuring that you are legally accessing the Site, and that the Contents available therein or thereby are legal in every jurisdiction where you access or view the Site or the Contents, as well as in any intermediary jurisdiction by which you do so.

Use of the Site

You may not reproduce information or materials posted on the Site in any form or download, republish, display, publicly perform, distribute, sell, transfer, modify or use any such information or materials for any public or commercial purpose. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and other laws and regulations. The portions of Site and the Contents that can be downloaded are protected by copyright laws, trademark laws and other laws and can only be used in accordance with the Terms or with prior written consent of the owner of such material.

You cannot use the Site for any purpose that is illegal, unlawful or that is prohibited by the Terms. You may use or access the Site only to review general information made available to you and/or to sign in or log in to the platform (“Loop”), operated by Loop Financial Inc. (“Loop Financial”), Loop Fund I LP (“Loop Fund”) and Loop Funding Inc. (“Loop Funding”). Use of the Site for any other purpose, including for commercial purposes, is expressly prohibited. Accessing the Site using third party applications other than a browser is prohibited. All rights reserved.

THE FRAMING, MIRRORING, SCRAPING OR DATA-MINING OF THE SITE OR ANY OF ITS CONTENTS IN ANY FORM AND BY ANY METHOD IS STRICTLY PROHIBITED.

Protection of Personal Information

You confirm that you have read the Privacy Policy and agree that it is reasonable. You agree that Loop Entities may use your personal information in accordance with these Terms and Privacy Policy and for the stated purposes contained therein.

Username and Password

The sections of the Site granting you access to Loop require you to have a username and a password (“Credentials”) which you must request. Should you decide to register on the Site as a user (a “User”), you agree to provide accurate and up-to-date information about yourself and/or any party on whose behalf you are acting during the registration process (the “User Registration”) and to promptly update this information, including but not limited to email addresses, as necessary to ensure it is accurate and complete at all times. Your Credentials will not change if and when you become a Borrower.

Loop Entities reserve the right to cancel or suspend your Credentials and to suspend, cancel or terminate your account, your use and/or your access to the Site or any services, as well as remove and delete any information or content related to this Site or one or more of those services (and terminate your use thereof), for any reason whatsoever and at any time at their sole discretion, without notice and without liability to you in accordance with the Terms.

Loop Entities are under no obligation to verify the actual identity or authority of any party using the Credentials to access or use the Site. Any Loop Entity may, at its sole discretion and at any time, require proof of identity of any party seeking access to and use of the Site and may deny such access, in whole or in part, if the Loop Entity is not satisfied.

You are fully responsible and liable for the confidentiality and security of your Credentials as well as for any activity resulting from the use of your Credentials, including any and all use or misuse of the Credentials which may result from your disclosure of the Credentials. You assume sole responsibility for any activity resulting from the use of your Credentials by anyone, including but not limited to, any of your principals, partners, employees, representatives or agents or any other person who may have obtained the Credentials by any means. After accessing the Site using the Credentials, you are responsible for closing the browser, clearing the browser’s cache and/or closing the session so that the Credentials cannot be accessed by a subsequent user. If you suspect that the Credentials are lost, stolen and/or known to be used by an unauthorized party, you shall immediately notify Loop Financial. Loop Entities assume no responsibility or liability, and cannot be held liable, for any damages arising from or related to your failure to keep your Credentials confidential and secure.

Should you experience dissatisfaction with the Site or one of its services, the Terms and/or the Privacy Policy, you may discontinue using the Site or the service in accordance with the Terms.

Services

Once you have obtained the Credentials, you may apply to become a borrower (a “Borrower”). Users who do not become Borrowers may only view select content on the Site. To become a Borrower, Users must complete a loan application (an “Application”) on behalf of a prospective Borrower and Loop Funding must approve the Application on behalf of Loop Fund (See “How to Become a Borrower” below).

Although parties from all jurisdictions may complete the User Registration to access the Site where permitted by law, the Site is directed only 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. The Site is not directed to any party in any jurisdiction where, due to that party's residence, principal place of business or otherwise, the publication or availability of the Site is prohibited. Parties in respect of whom such prohibitions apply must not access the Site and may not become a User.

Loop Entities make no representations or warranties regarding the completeness, accuracy or currency of any information of the Site. Loop Entities shall not be liable for any omission, error, inaccuracy or failure to update such information.

Legal Disclaimer

UNDER NO CIRCUMSTANCES SHOULD ANY INFORMATION ON THIS SITE BE CONSTRUED AS A PUBLIC OFFERING OF SECURITIES IN ANY JURISDICTION OF CANADA OR OUTSIDE CANADA. THE CONTENTS ARE PROVIDED SOLELY FOR INFORMATION 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 OR BORROWER’S SPECIFIC CIRCUMSTANCES. LOOP ENTITIES MAKE NO REPRESENTATION OR WARRANTY AS TO THE SUCCESS OF ANY SECURITIES OFFERED BY THE LOOP ENTITIES. THE CONTENTS MAY NOT BE RELIED UPON FOR INVESTMENT PURPOSES.

WE RECOMMEND THAT YOU CONSULT YOUR OWN PROFESSIONAL ADVISORS REGARDING USE OF THE SITE FOR ANY PURPOSE.

Trademarks and Copyrights

All logos, trademarks, service marks and trade names used or displayed on the Site are the registered or unregistered trademarks of Loop Entities or their respective owners. Nothing on the Site grants or may be construed as granting, by implication or otherwise, any license or right to use any logos, trademarks, service marks and trade names displayed on the Site without the written permission of Loop Entities or such other owner.

In addition, the Contents may not be copied, reproduced, republished, downloaded, posted, transmitted, distributed or modified, in part or in whole, in any form whatsoever, whether in text, audio, video or executable format, without prior written consent of Loop Financial. Nothing in the Site may be construed as conferring any right to use the Contents in any manner that is protected under the Copyright Act (Canada).

Internet Browser

The Site was developed for optimal display on the following browsers: Google Chrome Version 51+ and Safari Version 10+. You are advised to use these internet browsers to enjoy optimal use of the Site. Loop Entities shall not be held liable for any damages relating to the use of the Site and problems with the display caused by your internet browser. You agree to access the Site using hardware that does not contain viruses and with an up-to-date browser.

Hypertext Links

The Site may contain hyperlinks to other websites that are not owned, operated or controlled by Loop Entities, such as hyperlinks to Borrowers’ websites. The hyperlinks are provided solely for convenience. To use the hyperlinks, you must leave the Site. Loop Entities will not and cannot verify the content, material or any other information on the other websites visited by you. Loop Entities do not endorse, guarantee, or make any representations or warranties regarding any other websites or any of the content, material or information that may or may not be on such websites. If you decide to access any other website from a hyperlink on the Site, you do so at your own risk. Loop Entities assume no responsibility and shall not be liable for any damages arising from the use of such other websites.

Cookies

Navigation on the Site is likely to cause the installation of cookies on your computer or device. A cookie is a small file which does not identify a user, but which records the information about the navigation of a computer or device on a website. The data obtained is used to facilitate subsequent browsing on the Site and allows tracking of certain statistical data which helps Loop Entities improve the Site. Refusing the installation of a cookie may prevent you from accessing certain services or parts of the Site. You may configure your computer or device to accept or deny the installation of cookies.

Forums and Social Networks

Loop Entities can communicate information and news concerning Loop and related services on social networks. However, if the content on social networks differs from the Contents, the latter shall prevail.

Loop Entities encourage Users and Borrowers to publish comments regarding Loop or to ask questions on social networks. However, Loop Entities do not verify or confirm the accuracy of the comments made by Users, Borrowers or any other parties about Loop Entities or Loop and their services. Loop Entities do not endorse any of the opinions expressed in such comments nor do they ensure compliance with the Terms and/or the Privacy Policy of social networks. However, Loop Entities reserves the right to monitor activities concerning Loop Entities on social networks and to censor any comments deemed inappropriate, inaccurate or unacceptable at any time and at its sole discretion.

References and Case Studies

Loop Entities reserves the right to use your name and/or company name as a reference for marketing or promotional purposes on the Site and in other communication with existing or potential customers of Loop Entities. To decline Loop Entities this right you need to email legal@getloop.ca stating that you do not wish to be used as a reference.

Amendments to the Terms

The Terms may be amended or updated from time to time to comply with law or to meet Loop Entities’ business requirements. Loop Entities may not always be able to give you advanced notice of such amendments or updates, but the Terms that are in effect at any given time will always be posted on the Site so that you can review them when you next log in. Any amendment or update will be effective immediately and automatically bind all Users and Borrowers to the extent permitted by law.

How to Become a Borrower

The following describes how to complete an Application, and, subject to approval, become a Borrower. All references to “you” and “your” in the “How to become a Borrower” section of the Terms includes the Applicant and/or the Borrower, each as defined herein, except where the context otherwise requires.

At any time during the application process, Loop Entities may provide quotes or estimates that are intended to be for general informational purposes only, and are not intended to be legally binding on any party and are expressly subject to the execution of appropriate agreements. In addition, nothing on this website should be construed as an offer or commitment on the part of Loop Entities to provide a service. Each of the parties acknowledges that no party hereto shall be bound to consummate a potential transaction described herein unless and until the parties execute a definitive agreement and then only upon the terms and conditions set forth in such definitive agreement.

To become and remain a Borrower, an Applicant must meet Loop Fund’s requirements, as they may be amended from time to time, without notice.

Types of Borrower Loans:

  • “Loop LOC” refers to an uncommitted revolving demand credit facility made to businesses for amounts between C$10,000 to C$10,000,000.

Minimum Requirements to be a Borrower

Loop LOC:

  • Have a deposit account at a regulated Canadian financial institution (referred to as a “designated deposit account”);
  • Have a registered Shopify or Amazon account generating at least C$10,000 in sales in one of the last three months;
  • Have a principal place of business in one of the provinces or territories of Canada;
  • Be at least the age of majority; and,
  • Have generated at least C$50,000 in revenue in any given 12-month period within the last 24 months.

Furthermore, if a Borrower is a corporation:

  • at least 50% of its directors are Canadian residents; and
  • all its directors are at least the age of majority.

To be approved as a Borrower, the Applicant must meet such other criteria and provide all information and documentation that may be required by Loop Fund.

Please note that:

  1. public bodies are not eligible to become Borrowers;
  2. entities that wish to become Borrowers must have a lawful purpose and be seeking funds in furtherance of their commercial activities; and
  3. satisfaction of any or all of Loop Fund’s criteria does not guarantee approval as a Borrower and/or that any request for a loan will be approved.

Information and Documents

To confirm that the party making the Application (the “Applicant”) on whose behalf you are acting is eligible and to verify its existence, and for underwriting purposes, Loop Fund requires the provision of certain information and documents prior to accepting the Applicant as a Borrower. Information and documents requested must be provided in satisfactory form prior to acceptance.

In the event any information and/or document provided is deemed deficient for any reason, Loop Fund may invite you to address the deficiencies. Please note that Loop Fund may at any time request additional information and documents regarding you, the Applicant, Guarantors (as defined below), and other individuals associated with the Applicant, including its shareholders, partners, officers and directors. If any of the information and documents requested by Loop Fund are not provided in satisfactory form in a timely manner in Loop Fund's sole and unfettered discretion, the Application will be rejected.

You hereby represent and warrant to Loop Fund that the information and documents provided in support of an Application and to obtain a loan or loans from Loop Fund and any and all additional information and/or documents submitted to or received by Loop Entities are true, complete and accurate in all respects, at the time submitted and at all times while the Applicant remains a Borrower or has any outstanding loans or indebtedness to Loop Fund.

YOU REPRESENT AND WARRANT THAT NO SUCH INFORMATION OR DOCUMENT, INCLUDING ANY INFORMATION WITH RESPECT TO THE DESCRIPTION OF THE APPLICANT’S BUSINESS, PRODUCT TYPE, USE OF FUNDS AND INDUSTRY, CONTAINS ERRORS, MISLEADING INFORMATION, OMISSIONS OR MISREPRESENTATIONS THAT WOULD BE REASONABLY MATERIAL TO LOOP FUND’S DECISION TO LEND TO YOU.

In the event of a change in any information or document provided to Loop Fund, you agree to immediately notify Loop Fund of such change and provide Loop Fund with the appropriate information or document, as the case may be.

Information and documentation submitted to Loop Fund may be included in a disclosure document made available to third-party lenders for the purposes of purchasing a participation interest in loans made by Loop Fund.  You acknowledge that the Loop Entities may and will make information provided by you and the Applicant available to other parties as described in the Privacy Policy. Please refer to the Privacy Policy for a list of the information that may be made available. IF YOU DO NOT AGREE WITH THE PRIVACY POLICY, DO NOT SUBMIT AN APPLICATION TO BECOME A BORROWER.

BY SUBMITTING AN APPLICATION YOU REPRESENT AND WARRANT THAT YOU HAVE DISCLOSED TO LOOP FUND ALL CIRCUMSTANCES THAT YOU ARE AWARE OF AND WHICH COULD OR MIGHT RESULT IN A MATERIAL ADVERSE CHANGE IN RESPECT OF THE BUSINESS, ASSETS OR FINANCIAL AFFAIRS OF THE APPLICANT AND ITS PRINCIPALS OR GUARANTORS, INCLUDING WITHOUT LIMITATION ANY CLAIMS, UNDISCLOSED LIABILITIES, LITIGATION, ARBITRATION, COURT PROCEEDINGS OR INVESTIGATIONS, INCLUDING ANY INVESTIGATION BY ANY GOVERNMENTAL ENTITY, AGENCY OR OTHER SIMILAR ENTITY, WHICH ARE CURRENT, THREATENED, PENDING OR OTHERWISE REASONABLY LIKELY TO OCCUR BY ANY THIRD PARTY.

You agree that you will promptly notify Loop Fund upon you or the Applicant becoming aware of or suspecting that one of the aforementioned events has occurred or may occur and will provide Loop Fund with any information as it may reasonably require from time to time.

If you are, or at any time become, aware of any current or future claim (or potential claim) by the Canada Revenue Agency (or any other governmental agency, entity or public body) against you, the Applicant, or its Guarantors, the Applicant must contact Loop Fund immediately.

Disclosure of Information

By requesting that the Applicant be approved as a Borrower you understand that information pertaining to the Applicant’s business and affairs will be shared with Loop Entities. You acknowledge being aware of intellectual property laws and having taken the necessary measures to protect the information you share with Loop Entities. Loop Entities will not be held responsible for any loss or damage incurred by you in respect of any loss of intellectual property as a result of any disclosure of information by you to Loop Entities. You hereby waive all rights of claim, action or demand against Loop Entities.

Consent to Obtaining Credit Report

By submitting an Application, you irrevocably represent that you have the authority to authorize the Loop Entities to request and receive from Equifax Canada Inc. and/or Trans Union of Canada, Inc., (each a “Credit Agency”) for any reason whatsoever and at any time, any personal, financial or other information relating to you, the Applicant and Guarantor(s) (collectively “Information”) and any employee or representative of Loop Entities is hereby authorized to request and receive Information on Loop Fund’s behalf.

You understand that the Information will be disclosed to Loop Fund for the purposes of reviewing your application to become a Borrower and/or guaranteeing obligations under any loan agreement. Furthermore, you understand that Loop Fund may continue to request and receive your Information from a Credit Agency on an ongoing basis after you have submitted a loan application and that such information will be shared with the Loop Entities.

Decision

Typically, Applications will be acknowledged the next business day and decided upon within two business days of receipt of all requested information and documentation. However, it may take up to two weeks or longer to render a decision due to various factors which include, but are not limited to, information and document deficiencies, delays in identity verification and/or receipt of credit reports.

Loop Fund will inform you if your Application has been accepted or rejected, and in the latter case may provide the reasons for such rejection. If Loop Fund’s decision to reject your Application appears to be based on incorrect information or documentation, you may contact Loop Fund to submit the correct information and/or document, where applicable. If incorrect information was provided by a Credit Agency, you will be asked to contact the Credit Agency to have the information corrected. Upon the receipt of correct information or documentation, your Application will be reconsidered.

While Loop Fund generally applies standard internal guidelines and policies in assessing Applications, it retains absolute discretion to accept or reject any Application as it sees fit.

Borrowing Process

If your Application is accepted, you will be provided with a summary of the terms of your loan offer (the “Loan Terms”), together with the following documents:

  • the loan agreement to be entered into by the borrower (“Borrower”) and Loop Fund and the Guarantor(s), if any (the “Loan Agreement”);
  • the security agreement, if any, to be granted by the Borrower in favour of Loop Fund on all or certain of the Borrower’s assets described in the security agreement (the “Security Agreement”);
  • one or more guarantees, if any, (each a “Guarantee”) to be signed by guarantors (each a “Guarantor”); and
  • a pre-authorized debit agreement (the “PAD Agreement”) pursuant to which the loan repayments will be debited by Loop Fund from a specified deposit account (the “Deposit Account”).
  • The Loan Agreement, the PAD Agreement, the Security Agreement and the Guarantee(s) are collectively referred to as the “Loan Documents”. In the event of any conflict between the Loan Documents and the Loan Terms, the Loan Documents will govern.

Loan Terms include the credit limit amount of the line of credit, which may be less than the amount requested by the Borrower, the interest rate, the fees payable and the terms of repayment.

The Borrower has 7 days from the receipt of the Loan Documents to review, sign and return them. They should be read carefully, and legal advice should be sought, to ensure you fully understand the consequences of executing each of the Loan Documents. You represent and warrant that there has been no undue influence brought to bear on any Guarantor to execute a Guarantee.

In order for Loop Entities’ to access your deposit account, you are required to verify and authorize the use of your bank account using a third-party data service provider for bank account authentication, Flinks API (“Flinks”). You will be required to agree to additional terms provided by Flinks, which will apply in addition to these Terms.

       https://getloop.ca/flinks-end-user-agreement/

This enables Loop Entities to retrieve your deposit account details from third-party financial institutions in order to set up a deposit account for the purposes of verifying account information, setting up direct payments and repayments and also for know-your-client and other purposes necessary to provide you with Loop Entities’ services.

You may sign the Loan Documents using your electronic signature and submit them to Loop Fund. If you do not submit the Loan Documents within 7 days of receipt, the loan offer may be cancelled at Loop Fund’s sole discretion.

Fully Executed Loans

If and when a Borrower’s Loan Documents have been fully executed by all applicable parties, Loop Fund may:

  1. make the line of credit available for drawdown;
  2. upon receipt of direction, in form and substance satisfactory to Loop Fund in its sole and absolute discretion, disburse the drawdown amount to the Deposit Account (please note that it may take up to three (3) business days for the drawdown amount to be available in the Deposit Account); and
  3. provide the drawdown amount through i) a deposit into the Borrower’s specified bank account, ii) the payment of a debt or financial obligation on the Borrower’s behalf, iii) the payment of an invoice on the Borrower’s behalf, or iv) deposit into a prepaid card or electronic wallet specified by the Borrower. The Borrower assumes sole responsibility for the payment instructions made in connection with a direction provided for any drawdown. Without limiting the generality of the foregoing sentence, Loop Entities will in no way be liable to the Borrower or any other person for any loss or claim arising under or in connection with the payment instructions provided. The Borrower agrees to indemnify and defend Loop Entities and hold them harmless in respect of any claim or proceeding arising out of or in connection with the payment instructions.

Interest

Pursuant to the Loan Documents, interest at the amount set forth in the Loan Agreement will be charged on the highest unpaid balance of the Obligations (as defined in the applicable Loan Agreement) during each Billing Period (as defined in the applicable Loan Agreement).

Payments

Pursuant to the Loan Documents, you acknowledge that Loop Entities will debit a payment from the Deposit Account on each monthly payment date in an amount calculated in accordance with the applicable Loan Agreement(each, a “Repayment Date”). You hereby represent and warrant that sufficient funds will be held in the Deposit Account four (4) business days prior to each Repayment Date to fund the applicable monthly repayment. You will be responsible for any fees and damages incurred by Loop Fund as a result of any breach of this obligation, including but not limited to bank charges and collections costs. In the event the Deposit Account does not hold funds as aforesaid, Loop Fund will request, by email, that the required funds are made available in the Deposit Account and the availability of such funds is promptly confirmed.

To ensure prompt collection of monies due and payable at all times, including any repayment, Loop Fund may and will take the measures it deems necessary and appropriate to recover said amounts. Such measures may include retaining the services of a debt collection agency to assist Loop Fund in the collection of said amounts.

You understand that missed payments which are not rectified within seven (7) days of the date on which they are due are subject to a late payment fee as described under the heading “Fees” below.

The Borrower may prepay the outstanding principal amount under the applicable Loan Agreement in full at any time without penalty provided that it repays such amount, together with all accrued fees, interest expenses and any and all other outstanding amounts, fees and expenses, including any and all amounts, fees and expenses that may arise for the remainder of the relevant Billing Period (as defined in the applicable Loan Agreement), on the date specified for such prepayment. The Borrower may also prepay the outstanding principal amount under the applicable Loan Agreement in part rather than in full, provided such prepayment is no less than C$1,000.

If at any time you believe that the Borrower may not be able to make one or more scheduled monthly payment(s), please contact Loop Fund immediately. Loop Fund may, in its sole and unfettered discretion, enter into an alternative payment arrangement.

Loop Fund may be contacted by telephone at 1 (647) 490-5667 or by e-mail at legal@getloop.ca. 

Notwithstanding anything herein to the contrary, Loop Fund may, in its sole and absolute discretion, at any time, demand that the Borrower repay in full the outstanding principal amount owing under the applicable Loan Agreement and pay all other outstanding amounts, fees and expenses owing regardless of whether any default or event of default has occurred or if the Borrower has otherwise complied with all terms and conditions of the applicable Loan Agreement.

Fees

There are no fees charged for making an Application or being approved as a Borrower. Fees are only charged to Borrowers if and when available funds are withdrawn from a line of credit.

Certain fees are specified in the Loan Documents which are specific to a Borrower’s agreement with Loop Fund. All Borrowers are subject to the fees listed below:

  • Missed payments which are not rectified within seven (7) days of their due date are subject to a late payment fee, which is equal to 1.00% (one percent) of the aggregate outstanding balance of the Borrower’s obligations at such time (each, a “Late Payment Fee”). The Borrower may be subject to multiple Late Payment Fees, and each Late Payment Fee and is immediately due and payable to Loop Fund on demand.
  • In each and every instance where a debit request of the Borrower’s Deposit Account or a loan payment withdrawal is denied, refused or not acted upon by the Borrower’s financial institution, the Borrower will be subject to a not sufficient funds fee of C$50.00 (“NSF Fee”). NSF Fees are payable to Loop Fund on demand.
  • In each and every instance where a loan payment or other payment is sent to Loop Fund via wire transfer, the Borrower will be subject to an incoming wire fee of C$50.00.

You hereby agree, for and on behalf of the Borrower, that Loop Fund may debit an outstanding Late Payment Fee, NSF Fee or incoming wire fee at any time at its sole discretion from the Deposit Account.

Loop Fund may and will charge you additional fees to cover collection expenses, litigation costs, as well as any other fees, costs or expenses incurred by or charged to Loop Fund by any third party, including affiliated entities, in the course of protecting its rights and interests.

Security and Guarantees

Each Borrower (and Guarantor, as applicable) shall grant in favour of Loop Fund, or a permitted assignee, a security interest on all or certain of its assets described in the Security Agreement, which, for greater certainty, will include purchase money security interests (“PMSIs”) in respect of certain assets of the Borrower (the “Security”). Each Borrower shall arrange for the provision of a Guarantee(s) from one or more Guarantor(s) acceptable to Loop Fund in an amount deemed satisfactory to Loop Fund. When Loop Fund has received executed Loan Documents, it will register the Security on the appropriate registry or registries in the appropriate jurisdiction(s) and file all appropriate documents without notice to the Borrower and take all other steps necessary to ensure that the Security is perfected and enforceable. The Borrower shall assist Loop Fund in registering a PMSI in connection with the loan and the proceeds of the loan. Loop Fund may waive the provision of one or more Guarantee(s) at its discretion.

If an event of default occurs pursuant to the Loan Agreement, Loop Fund may and will enforce the Security and any Guarantee(s). In addition, you hereby agree to indemnify Loop Fund for all costs incurred in the enforcement of the Security and any Guarantee on demand.

Restrictions on Transfer and Restricted Activities

YOU UNDERSTAND THAT LOAN DOCUMENTATION MAY NOT BE ASSIGNED OR TRANSFERRED TO ANY OTHER PARTY, EXCEPT AS SPECIFICALLY PROVIDED.

Limitation of Liability

Loop Entities make no guarantee, representation or advice as to whether any Application or loan will be funded. 

Although Loop Fund strives to offer the best alternative financing option to Borrowers, you understand that interest rates advertised on the Site are for information purposes only and that the interest rate applicable to your loan will be set out in the Loan Terms and included within your Loan Agreement.

LOOP ENTITIES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, REGARDING ANY LOAN TERMS OFFERED. THE SERVICES OFFERED BY LOOP ENTITIES ARE NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL ADVICE. PLEASE BE AWARE OF THE LAWS OF YOUR PROVINCE OR TERRITORY OR THAT OTHERWISE APPLY TO YOU WITH RESPECT TO ANY LOAN DOCUMENT THAT IS PROVIDED. YOU ACKNOWLEDGE THAT YOU ARE ACCESSING THE SITE OF YOUR OWN INITIATIVE, AND ARE RESPONSIBLE FOR COMPLIANCE WITH THE LAWS THAT ARE APPLICABLE IN YOUR JURISDICTION, INCLUDING APPLICABLE SECURITIES LAWS. YOU ACKNOWLEDGE AND HEREBY ACCEPT THE CONSEQUENCES THAT MAY ARISE FROM SENDING AN APPLICATION TO BECOME A BORROWER, AS WELL AS ENTERING INTO A LOAN AGREEMENT.

You agree to indemnify, hold harmless and defend Loop Entities from and against all expenses, costs, fees, losses, claims, actions, damages, obligations and liabilities of any kind, including, in particular, any legal fees, disbursements and charges incurred with regard to the retention of collection agencies (collectively “Losses”) that may be incurred in connection with the enforcement or preservation of any rights under any Loan Document and/or in investigating, defending and/or settling any action, suit, proceeding, investigation or claim that may be made or threatened against them or to which they may become subject or otherwise involved in any capacity whatsoever, including Losses directly or indirectly incurred as a result of a breach of the Terms, the Privacy Policy or any Loan Document. You agree to cooperate with Loop Entities in the contestation of any such claim, action, demand or investigation.

YOU UNDERSTAND THAT YOU MAY BE SUBJECT TO PENALTIES UNDER APPLICABLE SECURITIES LAWS SHOULD YOU FAIL TO COMPLY WITH ANY APPLICABLE SECURITIES LAWS. YOU AGREE THAT NONE OF THE LOOP ENTITIES WILL BE HELD LIABLE FOR ANY LOSSES WHICH MAY BE CAUSED BY ANY ACTION, DECISION OR ORDER OF ANY SECURITIES REGULATORY AUTHORITY OR REGULATOR AND YOU WAIVE ALL CLAIMS, RIGHTS AND RECOURSES, PRESENT OR FUTURE, YOU MAY HAVE AGAINST ANY OF THE LOOP ENTITIES IN RELATION TO ANY LOSS OR DAMAGE SUFFERED BY YOU AS A RESULT OF THE USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY LOSS AND DAMAGE RELATED TO ANY ACTION OR DECISION TAKEN AGAINST YOU BY ANY SECURITIES REGULATORY AUTHORITY OR REGULATOR AND ANY LOSS OR DAMAGE CAUSED BY A CEASE TRADE ORDER ISSUED AGAINST ONE OF THE LOOP ENTITIES HAVING TO CEASE ITS ACTIVITIES AND/OR CLOSE THE SITE. YOU AGREE TO USE THE SITE AT YOUR OWN RISK.

FURTHERMORE, YOU ACKNOWLEDGE HAVING CONSULTED YOUR LEGAL ADVISOR AND THAT THEY HAVE ADVISED YOU ON POTENTIAL CONSEQUENCES AND/OR OBLIGATIONS PURSUANT TO THE LOAN DOCUMENTS.

Default

If the Borrower is in default under the Loan Documents, Loop Fund may, on giving notice (except in certain instances where notice is not so required), declare that all indebtedness of the Borrower and all outstanding amounts under or in connection with the Loan Documents, including interest expenses and other applicable fees and expenses, are immediately due and payable and Loop Fund may demand immediate payment of the whole or part thereof and exercise all of the rights and remedies of Loop Fund including its rights and remedies under any Loan Document. For greater certainty, Loop Fund may declare all such indebtedness and outstanding amounts immediately due and payable and may demand immediate payment of the whole or part thereof at any time before or after a default or an event of default. 

Closing Your Account as a Borrower

If you no longer wish to be a Borrower, you may close your account by sending us an email at legal@getloop.ca. However, please note that you may NOT close your account if any outstanding amount is owing to any of the Loop Entities for any reason whatsoever. Please also note that if you close your Borrower account you will remain a User. To close all of your accounts, please include a specific request in this regard in your email.

Loop Entities may close your Borrower’s account and your User account at any time in their sole discretion, including but not limited to in any of the following instances:

  • you are in breach of the Terms;

  • you are in breach of any term or condition contained in the Loan Documents;

  • a Loop Entity suspects that you have committed fraud, been involved in money laundering or other criminal activities;

  • you are using the Site for the purpose of soliciting or enticing any person away from the Site;

  • a Loop Entity believes in good faith that you are using the Site in any of the following ways:

    • in any way that causes, or is likely to cause, the Site or access to the Site to be interrupted or damaged in any way;
    • for fraudulent purposes or in connection with a criminal offence;
    • to send, use or reuse any material that is illegal, offensive, abusive, indecent, defamatory, obscene or menacing, or in breach of copyright, trademark, confidence, privacy or any other right, or is otherwise injurious to third parties, or objectionable, or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any spam; or
    • to cause annoyance, inconvenience or needless anxiety.


In the event Loop Entities close your account:

  • Loop Fund may, with notice, declare that the outstanding amount of your loan together with interest and other applicable fees and expenses have become fully due and payable in accordance with the Loan Documents and that it may exercise all of its rights and remedies, including its rights under any Loan Document; and
  • Loop Fund will be authorized to set off and to apply any and all deposits held by Loop Fund on your behalf against any amount due and payable by you under the Loan Documents (for greater certainty, Loop Fund may at any time and from time to time, without notice and whether or not your account has been closed, set-off and apply any and all deposits or other indebtedness or amount payable against any amount due and payable by you under the Loan Documents).

Representations of Borrowers

You hereby confirm that you, the Applicant, and its officers, directors, partners, employees, agents, consultants, representatives, agents, successors and assigns, agree to use the Site only for lawful purposes and in a way that does not infringe the rights of any other User. 

You warrant that the materials you upload are free from viruses or anything else which may affect the functionality of the Site.

You are responsible for all costs incurred by you in accessing Loop.

The information published on Loop may refer Users to third party websites, including your website. Loop Fund is not responsible for any material or information displayed on such website or on any other website linked thereto. You agree that you are solely responsible for the information and material available on your website, as applicable.

SHOULD ANY PROVISION IN THE TERMS VARY FROM ANY PROVISION IN ANY LOAN DOCUMENT, THE LOAN DOCUMENT SHALL PREVAIL.

The invalidity or unenforceability of any of the provisions of the Terms will not affect the validity of any other provision and such invalid provision will be deemed to be severable. No waiver of any breach of the Terms will be effective or binding unless made in writing and signed by one of the Loop Entities, and such waiver will be limited to the specific breach waived unless otherwise provided.

The Terms and the Loan Documents will constitute the entire agreement between you and the Loop Entities with respect to all matters contained therein.

Your obligations pursuant to the Terms shall survive the termination and/or the closing of your Borrower account.

The Terms will be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein.

Waiver of Recourse

You release and hold harmless Loop Entities, their respective officers, directors, employees, consultants, representatives, agents, successors and assigns from and against any claim, cause of action or demand of any nature whatsoever arising from your use of the Site.

Warranty Disclaimer

UNLESS OTHERWISE SPECIFICALLY PROVIDED FOR UNDER APPLICABLE LAW YOUR USE OF THE SITE IS PROVIDED TO YOU "AS IS" AND “AS AVAILABLE”. LOOP ENTITIES EXPRESSLY DISCLAIM ALL OTHER REPRESENTATIONS, WARRANTIES, AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATION, WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR ANY PURPOSE, TITLE, OR NON-INFRINGEMENT, OR ANY WARRANTY ARISING FROM A COURSE OF DEALING, PERFORMANCE, OR TRADE USAGE. YOUR SOLE AND EXCLUSIVE REMEDY, AND LOOP ENTITIES’ SOLE OBLIGATION TO YOU OR ANY THIRD PARTY FOR ANY CLAIM ARISING OUT OF YOUR USE OF THE SITE, IS THAT YOU ARE FREE TO DISCONTINUE YOUR USE OF THE SITE AT ANY TIME.

Limitations of Liability

UNLESS OTHERWISE SPECIFICALLY PROHIBITED BY LAW YOU EXPRESSLY UNDERSTAND AND AGREE THAT LOOP ENTITIES SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU REGARDING YOUR USE OF THE SITE, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF PROFIT, LOST OPPORTUNITIES, LOSS OF DATA SUFFERED, OR OTHER INTANGIBLE LOSS.

LOOP ENTITIES SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES OR OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET, SOCIAL NETWORKS, ELECTRONIC COMMUNICATIONS, TELECOMMUNICATIONS NETWORKS OR OTHER SYSTEMS OR NETWORKS.

THE LIMITATIONS ON LOOP ENTITIES’ LIABILITY TO YOU IN THIS SECTION SHALL APPLY WHETHER OR NOT ANY LOOP ENTITY HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

Indemnification

You and every party for whom you act agree to indemnify, hold harmless and defend Loop Entities, as well as their respective officers, directors, employees, agents, consultants, representatives, agents, successors and assigns, from and against any and all claims, demands, liabilities, costs or expenses of any kind, including, in particular, legal fees and disbursements resulting directly or indirectly from: (i) your breach of these Terms or the Privacy Policy; (ii) your access to, use or inability to access or use the Site; (iii) your use of or reliance on publications, communications, distributions or downloads of any nature; and/or (iv) your violation of any law or applicable regulation. You agree to cooperate with Loop Entities in the contestation of any such claim, demand, liability, cost or expenses.

Void or Unenforceable Provisions

If any provision of the Terms is deemed unlawful, void or unenforceable for any reason, that provision shall be severed, and the remaining provisions will remain in force and be fully enforceable.

The Terms apply for the benefit of Loop Entities, their officers, directors, employees, consultants, representatives, agents, successors and assigns. You cannot assign the Terms or the rights and obligations granted to you thereunder without the express prior written consent of Loop Entities, which Loop Entities may refuse at its discretion. Loop Entities may assign the Terms and the rights and obligations granted thereunder without your consent.

No consent or waiver by a party of any breach or default by another party under the Terms shall be construed as consent to or waiver of a continuing breach or default or any other breach or default of these obligations or any other obligation of that party, or shall be enforceable unless it is given in writing and signed by all parties.

All rights not expressly granted by the Terms or the Privacy Policy are reserved by Loop Entities.

 

These Terms were updated as of July 20, 2020.


Contact Us

If you have any questions or comments regarding these Terms of Use, please contact us at support@getloop.ca.

Last Updated July 20, 2020.

Have a question about our Terms? Get in touch

Make better business decisions

Develop the confidence to take your business to the next level, with resources, tools, insights, and success stories from experts and small business owners.
We will never share your email address with third parties.