BANKEROO LEGAL

Bankeroo’s Terms and Conditions

Let’s address the elephant in the room

Bankeroo’s Terms and Conditions

EFFECTIVE DATE: JUNE 30, 2017


Our Terms of Use

The following terms and conditions ("Terms of Use") govern your access to and use of Bankeroo.com (the “Website”), including any content, services, functionality or products made available via our website ("Services”), whether as a guest or a registered customer. Your compliance with these Terms of Use is a condition to your use of the Website and Services. You recognize that the Website is owned and operated by Bankeroo Inc. ("Bankeroo", “we”, “us”, “our”).

By using the Website, you accept and agree to be bound to and respect our Terms of Use, Privacy Policy, and Consent to Disclosures contained on our Website. The terms and conditions contained in our Terms of Use, Privacy Policy, and Consent to Disclosures constitute a legal contract between you and Bankeroo governing your use of the Website and Services. In the event that you do not agree to these Terms of Use, Privacy Policy, or Consent to Disclosures, you must not access or use the Website and must immediately discontinue your use of the Website and Services.


Eligibility & Privacy

The products and services offered through our Website are not available to persons under the age of 18, to persons who are mentally incapable or to persons who are not legal residents of Canada.

BY CLICKING ANY BUTTON OR BY ACCESSING, BROWSING OR OTHERWISE USING THE BANKEROO WEBSITE YOU REPRESENT AND WARRANT TO US THAT YOU ARE AT LEAST 18 YEARS OF AGE, HAVE YOUR FULL MENTAL CAPACITY AND ARE A LEGAL RESIDENT OF CANADA.

Bankeroo has made a commitment to protecting the privacy of those who visit our Website and use the products and Services available to them. A portion of Bankeroo’s Privacy Policies are incorporated herein for your reference.


Website Content

We reserve the right to withdraw, amend, or update this Website, and any Service we provide, at our sole discretion without any prior notice and no liability. You agree that your continued use of our Website or Services following the posting of such changes constitutes your acceptance to being bound to and respecting such changes. If you do not agree to the changes made to our Website, you must immediately discontinue your use of our Website and Services. You hereby recognize and accept that it is your responsibility to comply with all applicable laws, including ensuring that your access and/or use not only complies with the Website’s Term of Use, but also with the laws of the jurisdiction from which your use or access is made.

Bankeroo takes all reasonable measures to ensure that the information contained on our Website is reliable, accurate and complete, however we do not represent to you the completeness, reliability or accuracy of the Website or its content.


Accessing our Website

Bankeroo makes no representation or warranties that the use of all or any part of our Website will be uninterrupted or error free and Bankeroo will not be held liable or otherwise responsible for any damages whatsoever if all or any part of our Website and/or Service is unavailable at any time. In certain circumstances, and at our sole discretion, we may also restrict access to our Website, or parts of our Website, to guests and customers. You hereby acknowledge that not all products and services might be available in all geographic areas and that your eligibility for particular products and services rests solely with Bankeroo.

You hereby agree to access and use the Website, including any and all content contained therein, only for its intended purpose and in accordance with these Terms of Use. More specifically, you agree NOT TO:

  1. make commercial use of the Website or any of its Content without obtaining our prior written consent;

  2. attempt to hack, make unauthorized alterations to or introduce malware or any kind of malicious code to the Website in any form whatsoever;

  3. gain or attempt to gain, through yourself or any third party, unauthorized access to the Website;

  4. use the Website, directly or indirectly, for any fraudulent or illegal use;

  5. cause the disruption or failure in the Website’s operations;

  6. misrepresent your association to us or present any false or misleading information about us;

  7. Violate any terms and conditions contained in the present Terms of Use, in our Privacy Policy and our Consent to Disclosures.

We may hereby suspend or disable your access to the Website at any time, without notice or liability, if we have reasonable belief that you have failed to comply with any of the terms and conditioned contained in our Terms of Use, Privacy Policy and Consent to Disclosures, the whole pursuant to section Monitoring and Enforcement contained herein.


Account Holder Security & Responsibility

In order to access certain sections of our Website, you may be asked to provide personal information. You confirm that the information provided by you during the loan application process, or at any other time, is true and accurate in all respects and will remain as such throughout the whole term of your Loan and any extension period thereof.

You acknowledge and consent that the use of a username and password is an adequate form of security and you agree to treat such information as confidential, and not disclose it to any third party. If you believe that your information is being used by a third party, you agree to notify us immediately. By using our Website, you accept and agree that you are solely responsible for the following:

  1. Authorizing, monitoring, controlling, and maintaining the strict confidentiality of your username and password;

  2. Refraining from allowing another person to use your username or password.

Bankeroo is not liable whatsoever for any harm or prejudice related to the theft of usernames or passwords, disclosure of usernames or passwords, or your authorization to allow another person or entity to access and use our Website using your username or password. Any and all damages that may be incurred, directly or indirectly, as a result of your neglect to maintain the strict confidentiality of your username and password will be born entirely by you. You also agree to immediately notify us in writing of any need to deactivate your username due to security, confidentiality or other concerns. Until the moment Bankeroo receives notification from you to deactivate your username, we are allowed to presume that your profile is active and safe and as a result, you will be held fully liable for any harm or damages ensuing from the misuse of your username and password on our Website. We will not be liable for any harm or damages related to any authorized or unauthorized use of your username or password.


Consent to be Contacted

You hereby acknowledge and agree that by registering for a Bankeroo account or by launching an application on our Website for any product and/or Service, you are deemed to have confirmed to us the following:

  1. You have consented to being contacted by us by mail, email messages, text messages, or telephone or any other telecommunication service;

  2. You have consented to the use of pre-recorded/artificial voice messages and/or automatic dialing devices, at any telephone number associated to your Bankeroo account, including your mobile telephone number, which could result in charges to you and which said charges shall be borne entirely by you;

  3. You have consented to being contacted for general operational purposes and for the administration of your Bankeroo account, including but without limiting, for matters related to your loan or loan application; to remind you of upcoming payments; or for collections and other loan-related issues;

  4. You will ensure that the electronic addresses you provide to us, as well as your mobile phone number, is kept up to date by you and shall not be modified without our prior authorization.

Furthermore, you hereby recognize and agree that we may record any and all communication made between us.


Intellectual Property Rights

The Bankeroo website, and its entire contents, features and functionality, including but not limited to, logos, graphics images, buttons, text, code, documents, images, audio, video, and any other materials accessed through, downloaded from or made available for use through our Website (collectively, the "Content"), are owned exclusively by Bankeroo or other third parties authorized by Bankeroo and are protected by Canadian and international copyright and trademark laws and other applicable intellectual property laws. You may not copy, distribute, modify, reproduce, publish, alter, plagiarize or use, in whole or in part, our Content without our prior written consent. You may not frame or utilize framing techniques to enclose, or link to, our Content or any other type of proprietary information without our express written consent.

You are authorized solely to view and retain a copy of the pages of the Website for your own personal non-commercial use. You may also view and make copies of relevant documents, pages, or other materials on our Website for the purpose of transacting business with Bankeroo provided that all copyright, trademark or other proprietary notices remain unchanged and visible intact. It is expressly agreed that no right, title or interest in any downloaded, printed, or copied material is transferred to you, in whole or in part, as a result of any such downloading or copying.

Save and except for where provided for herein, you agree that you will not duplicate, publish, modify, download, create derivative works from, store or transmit any of the material on or made available from our Website without our prior written consent. Furthermore, you will not post on the internet, or in any way distribute or exploit this Website, or any portion of the Website for any public or commercial purpose without the prior written consent of Bankeroo.

Additionally, you agree that you will not make any modifications to any documents obtained from our Website. If you modify or otherwise use any part of the Website in breach of these Terms of Use, your right to use the Website will cease immediately and you may be in violations of Canadian and international copyright, trademark laws, as well as various other intellectual property rights.


Links and Third-Party Products and Content

Our Website may contain links which direct you to sites maintained by third parties. These Terms of Use apply only to www.bankeroo.com and we will not be held liable for any information, materials, products or services posted, made available or offered on any third-party website, even in cases where a third party’s website is displayed in a frame within our own website and is co-branded to appear as Bankeroo. Please note that other websites linked to or from Bankeroo.com may be governed by separate terms of use, privacy policies and consent to disclosures which you agree to read. Furthermore, some of the pages on our Website may allow you to share content via your profile on various social networks, including but not limiting to, LinkedIn, Facebook, Twitter, and other shared platforms. You hereby recognize that when you share content from our Website in this manner you also become subject to the terms and conditions, privacy policies and consent to disclosures of those third parties.

It is your responsibility to make sure that you are familiar with and willing to accept the terms of use, privacy policies and consent to disclosures of any third-party website linked to or made available from our Website. Bankeroo will not accept any liability whatsoever, regardless of how such liability was caused, for the failure on your part to thoroughly review and comply with the terms and conditions of any and all third party’s website related, directly or indirectly, to our Website.

You further understand that Bankeroo has no control over any content displayed on a third-party website, and we shall therefore take no responsibility for any damage that may arise from your use of such third-party website. You hereby recognize and understand that in cases where your personal information has been sent to a third party, that information has bypassed Bankeroo and was directly provided by you to such third party. The contracted third-party will then control the information and may use and disclose your personal information according to their own privacy policy, terms of use and consent to disclosure.

Bankeroo shall not be held responsible for the accuracy or content of any third-party website, and any links we provide does not mean that we are connected with or endorse those websites. Bankeroo will not be held liable for any failure of any products or service offered at any of the third-party sites linked to our website.


Disclaimer of Warranties

Bankeroo uses all reasonable measures to ensure that all the information and content contained on our Website is accurate and up to date, however we cannot guarantee such accuracy and reliability and we make no representations whatsoever with regards to the accuracy, completeness, security, quality, accuracy, availability and/or reliability of any content and/or links contained on our Website or made available from our Website and we disclaim all liability and responsibility arising from any reliance on such information.

Our Website, including its content and any Services, products, or items obtained or accessed through the Website, is provided to you on an “AS IS” and “AS AVAILABLE” basis with all faults and without warranty of any kind, whether express, statutory or implied, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, accuracy, quality of information, free from computer virus or other harmful components, non-infringement, or that any Service we offer through Bankeroo.com will meet your expectations, all of which we expressly disclaim and you agree to hold us harm free from.

Your use of our Website, its content, and any Services or product obtained or accessed through its use is at your own risk and peril. You understand that neither our company, nor any person or entity affiliated with or related to Bankeroo, will be liable for any loss or damages whatsoever caused by your use of our website or any services or products obtained or accessed through our Website, or for any material displayed on our Website or made available from our Website. We do not warrant that files download from our website will be free of viruses, or other forms of destructive programming, and you are solely responsible for implementing procedures to satisfy your security and data backup needs.


Limitation on Liability

IN NO EVENT WILL BANKEROO, ITS SERVICE PROVIDERS, OR ANY PERSONS ASSOCIATED WITH BANKEROO BE LIABLE OR OTHERWISE RESPONSIBLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OBTAINED THROUGH THE WEBSITE, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL OR LOSS OF DATA, EVEN IF FORESEEABLE OR IF WE HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OCCURING. THESE LIMITATIONS DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.


Indemnification

You agree to defend, indemnify and hold Bankeroo, and its service providers, employees, successors, authorized representatives or assigns thereof harmless from and against all third-party claims, damages, losses or expenses, liabilities, judgments, against or incurred by us arising out of your breach of these Terms of Use or violation of applicable law, your use or access of the Website, or access by anyone accessing the Website using your username and password. We reserve the right to assume or participate, at your expense, in the investigation, settlement and defense of any such action or claim.


Submissions

All information you submit to Bankeroo via our Website shall be deemed to be the property of Bankeroo and shall remain as is indefinitely, and Bankeroo shall be free to use the information provided by or from a visitor on the Website for any purpose whatsoever, including but not limited to, for any idea, concept, know-how or technique.

Bankeroo shall not be subject to any obligations of confidentiality regarding submitted information except as may be expressly agreed upon in writing by Bankeroo or as required by law.


Availability

This Website, including any and all products and services made available through bankeroo.com, is provided solely for the use of individuals located and legally residing within Canada. We hereby confirm the following:

  1. This Website is not intended to be used or viewed by any person or entity outside of Canada;

  2. The content contained on our Website is not appropriate to be viewed in any jurisdiction outside of Canada.

You understand that access to our website may be contrary to local laws and regulations in certain countries and you take full responsibility for the compliance to any local law.


Additional Terms and Conditions

You acknowledge that certain pages made available on our Website, along with certain documents you may receive from Bankeroo, may be subject to additional terms and conditions, which will be presented to you at that time. In the event of any conflict between these Terms of Use and such additional terms, the additional terms and conditions will govern solely with respect to such features and Services. Such additional terms are expressly incorporated into and made part of these Terms of Use.


Changes to the Terms of Use

We reserve the right to modify our Terms of Use, without your consent, from time to time and such modifications shall be considered effective from the date they are posted on our Website. In the event that we make any material changes to our Terms of Use, we will notify you either by posting a new version on our Website, by sending you a notification on your Bankeroo account, or by emailing you a link to review the new changes. It is your responsibility to continuously check our Terms of Use every time you visit our Website or before you decide to use our service to make sure that you agree with our terms and conditions. If you do not agree with the version of the Website’s Term of Use that exists at the moment of your access or use of our Website, you should terminate all access or use of the Website.


Information We Collect about You

At Bankeroo, we understand that privacy is an important issue. That’s why our privacy policies regarding the collection, use and disclosure of your personal information is readily available on our Privacy Policy page.

By accepting to use our Website, you consent that all of the information you provide to us is true and accurate in all respects and shall remain as such through your whole loan and any extension period thereof.


Entire Agreement

The Terms of Use, Privacy Policy, and Consent to Disclosures constitute the sole and entire agreement between you and Bankeroo with respect to our Website and supersedes all prior understandings, agreements, representations and warranties, both written and oral, with respect to our Website.


Waiver, Severability and Enforceability

No single or partial exercise, or failure or delay in exercising any right, power or remedy by us shall constitute a waiver by us to exercise such right, power or remedy, and this will not prohibit us from exercising any right, power or remedy arising from any term or condition set forth in these Terms of Use at a later date. We will not be liable for the non-exercise of such rights.

If any time, any part of this Terms of Use are found to be illegal or unenforceable under, or inconsistent with the provisions of any applicable law or would by reason of the provisions of any such law, then such provision shall not apply and shall be construed so as not to apply to the extent that it is so illegal, invalid, unenforceable, and such provision shall be modified to allow it to be enforced in line with the intention of the original text to the fullest extent permitted by the applicable law. In any case, such finding will not affect the validity or enforceability of the remainder of Bankeroo’s Terms of Use.


Governing Law

Bankeroo oversees and maintains this Website from its headquarters in Ontario, Canada. You agree that any dispute arising out of, or related to, the use of our Website or any dispute or claim relating to these terms and conditions, shall be governed by the laws of the Courts of the Province of Ontario, without giving effect to any choice or conflict of law provision or rule (whether of the province of Ontario or any other jurisdiction), and in each case, such venue shall be located in Toronto, Ontario.

By using our Website or any Service, product or material we provide through our Website, we reserve the right to bring any suit or action against you for any breach of our Terms of Use and you waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.


Monitoring and Enforcement

We reserve the right to monitor and enforce our terms and conditions as follows:

  1. Take any legal action with respect to a user if we believe that such user violated our Terms of Use, infringed our intellectual property or could create a potential liability for Bankeroo

  2. Disclose your identify to law enforcement agencies for any illegal or unauthorized use of our Website;

  3. Disclose your identify to any third party who claims that you have violated their rights

  4. Terminate or suspend your access to all or part of our Website for any reason, including any violation of our Terms of Use


Minors

The Website is not directed at children under the age of eighteen (18) and the Company does not knowingly collect personal information from any child under the age of eighteen (18).


Sweepstakes & Other Promotions

The terms and conditions for each Promotion you participate will be deemed incorporated into and form a part of these Terms of Use. It is your responsibility to read terms and conditions for each Promotion you participate to determine whether your participation will be valid or restricted, and to determine the participation requirements.

BANKEROO

Ready to get started? See for yourself why people choose Bankeroo.