Terms of Service
TERMS AND CONDITIONS
Our company is based in Vancouver, British Columbia. If you submit a loan application to us, we will receive and process it in the Province of British Columbia, Vancouver the same as if you submitted it to us in person at our office in Vancouver, BC, unless stated otherwise in loan agreement. If we approve your application, the funds will be transferred from out bank account in Vancouver, BC, unless stated otherwise in loan agreement.
This service does not constitute an offer or solicitation for a loan. This site may change from time to time without notice. All aspects and transactions on this site will be deemed to have taken place in our office in the province of British Columbia, regardless of where you may be accessing this site, unless stated otherwise in loan agreement. Focus Financial Inc. (Focus Financial) does not guarantee that completing an application form will result in you receiving a loan.
- ELECTRONIC PRESENTMENT OF FUNDS
You agree to the electronic presentation by Focus Financial of any funds owed and to the re-presentation of any presentations that are returned to Focus Financial for any reason. Such electronic re-presentation may be for less than the original amount owed us or in any increments totaling the amount due including the non-sufficient funds fees charged by us in accordance with our loan agreement.
- LIMITATION PERIOD
- CLASS ACTION
You agree, to the extent permitted by law, that you will not bring, join, or participate in any class action or multi-plaintiff action as to any claim, dispute, or controversy you may have against Focus Financial. You agree to the entry of injunctive relief to stop such a lawsuit or to remove yourself as a participant in the suit. This agreement does not constitute a waiver of any of your rights and remedies to pursue a claim individually as outlined herein.
You agree that electronic mail, electronic forms, records, photocopies, and /or facsimile copies of the documents you submit are valid and enforceable as the original. Further, you agree that by verbal consent in person or by phone, typing your name as your electronic signature, or any other manner or method of acceptance as outlined herein constitutes an acceptance of all terms and conditions of the Agreement for which will be deemed valid and binding on all parties to this Agreement.
Notwithstanding any other provisions in this agreement, you agree that any claim, dispute or issue whether in contract, tort or otherwise, arising out of or in connection with the Loan or this Agreement or any prior or future loan agreement between the parties, including any issue regarding related fees, advertising, promotion or any oral or written statement or the absence thereof, default of payment, and/or the relationship between the parties may, upon election by Focus Financial, be resolved by binding arbitration in accordance with the Commercial Arbitration Act, RSBC 1996, C.55, as amended.
We hereby reserve all rights and power to assign any of Focus Financial interests in the Agreement to any successor, assignor or purchaser for value without notice or your consent.
- LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER FOCUS FINANCIAL NOR ANY OF ITS OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, SUCCESSORS, ASSIGNS, CONTENT PROVIDERS OR SERVICE PROVIDERS WILL BE LIABLE TO YOU FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF USE OF THE SERVICES, OR INABILITY TO GAIN ACCESS TO OR USE THE SERVICES. FOCUSFINANCIAL WILL NOT BE LIABLE FOR ANY MATERIAL OF WEB SITES IT LINKS TO AS PART OF THE SERVICES OR FOR INFORMATION CONTAINED IN OR PART OF THE SERVICES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT FOCUS FINANCIAL IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST FOCUS FINANCIAL, AND ITS AFFILIATES, AGENTS, REPRESENTATIVES AND LICENSORS ARISING OUT OF YOUR USE OF THE SITE AND THE INFORMATION AVAILABLE ON IT. IF FOR ANY REASON OR IN ANY CIRCUMSTANCE FOCUS FINANCIAL IS FOUND LIABLE TO YOU, THE MAXIMUM AGGREGATE LIABILITY TO YOU, FOR ANY AND ALL CLAIMS ARISING IN ANY WAY IN RELATION TO YOUR VIEWING OR USE OF THE SITE. YOUR ACQUISITION OR USE OF ANY PRODUCT OR SERVICE AVAILABLE ON OR THROUGH THE SITE, OR OTHERWISE, IS CDN $5.00
- DESCLAIMER OF WARRANTIES
THE SITE AND THE CONTENT ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTY OF ANY KIND, AND YOU USE THIS SITE AT YOUR OWN RISK. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. THE INFORMATION PROVIDED MAY NOT BE ACCURATE OR CURRENT, MAY NOT APPLY TO YOUR PARTICULAR SITUATION, OR MAY NOT BE SUITABLE OR APPROPRIATE FOR YOU. BY USING THIS SITE YOU WAIVE ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED CONDITIONS, REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY, COMPATIBILITY, NON-INFRINGEMENT OF THIRD PARTIES� RIGHTS OR FITNESS FOR PARTICULAR PURPOSE, AND FOCUS FINANCIAL MAKES NO REPRESENTATION OR WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE SITE.
- ELECTRONIC SIGNATURE/VERBAL CONSENT
By agreeing to this application, you understand and agree to all terms and conditions of this Agreement and by submitting the online information application by Internet or by phone, you are applying for a cash advance and certify that information provided by you is true and correct under penalty of perjury. You agree that upon submission of my electronic signature or verbal consent by phone, you are not presently involved in, or contemplating bankruptcy now or in the future. You authorize Focus Financial to verify the information in this application and hereby give Focus Financial consent to obtain information on you from a consumer reporting agency or other various means available. You understand Focus Financial reserves the right to decline an applicant at any time, with cause determined by judgment of risk, upon completion of due diligence of applicant. In order to process this application, you understand verification of the information you have provided is necessary, including, but not limited to, employment and bank account verification. You accept personal responsibility for safeguarding your customer login and password that might be assigned to you.
- LINKS TO OTHER SITES
We sometimes provide referrals to and links to other web sites from our site. Focus Financial is not responsible for the content or practices of third party sites that may be linked to our site. When Focus Financial provides links or references to other Web sites, no inference or assumption should be made and no representation should be inferred that Focus Financial is connected with, operates or controls these Web sites.
Focus Financial may amend this Agreement at any time by posting the amended terms on its Web site. Except as stated below, all amended terms are automatically effective immediately, upon posting. This Agreement may not be otherwise amended except in written document signed by you and Focus Financial.