By using Progressa services, you agree that the information you have given Progressa is complete and accurate. You further agree that you are not contemplating filing for bankruptcy within the next 6 months and have not consulted with an attorney or trustee concerning bankruptcy in the last 6 months.
Please note that Progressa does not currently lend to or solicit business from residents of the Province of Quebec, U.S. residents or residents of countries other than Canada. Please note that Progressa does not ever request a security deposit in exchange for processing a loan. Should you receive any such calls or requests, please contact our support centre at 1-855-723-5625 (LOAN) or by dialing #LOAN on your mobile device.
To protect both you and us, we use certain services provided by third-parties to help decide whether to accept transactions from personal computers, mobile phones, or other devices. The third-party service checks whether these devices have been identified with fraudulent or abusive transactions in the past, such as reported instances of identity theft, account takeovers, or malware attacks. For this purpose, a cookie file, flash storage token, or other code file may be placed on your device to identify it in the future when you visit our website or connect with our applications. On connection with our site or service, we will transmit that device identification code to the third-party’s server, along with data concerning certain technical attributes of your device such as the model, operating system, and browser version, as well as the IP address, all of which are used to confirm device identification. The third-party’s server responds with a code recommending that transactions be accepted, denied, or reviewed, according to settings we have selected. We also report to the third-party if we conclude that a device has been used in connection with a fraudulent or abusive transaction with us. If you set your browser or device to reject these cookies or tokens, you may not be able to conclude some transactions through our website or application. We share with the third-party referenced above only information about the device you are using, which may also have been used or appropriated by others, and do not identify you or reveal the details of your transaction to that third-party. If you have questions about this, please contact Customer Service.
End User Agreement for Customers
through Point-of-Sale/Merchant Partners
This End User Agreement (“Agreement”) is a legal agreement between you (“you” or “your”) and Progressa Financial Inc. (“Progressa”), including its partners, affiliates, agents or assigns (“Progressa”, “we”, “us” or “our”).
This Agreement sets out the terms and conditions of:
- Financing services offered by Progressa using the Progressa Platform (as defined below), together with Merchants (as defined below) (the “Progressa Services”); and
- Your access to and use of the website Progressa.com which is operated by Progressa (“Website”) including all content, services and products available at or through the Website.
- Progressa provides an online technology platform which allows consumers, Merchants, and Progressa to connect at the point of purchase. This almost always occurs through one of our official partner platforms at the point of purchase (an“Official Partner Platform”).
- If you are unsure whether you are dealing with an Official Partner Platform, you may call 1-855-723-5626 or press #LOAN on your cell phone and ask our customer service representatives.
- Progressa is a trade name of Progressa Financial Inc.
- You are purchasing the Product (as defined below) through one of our Official Partner Platforms and directly from the Merchant, not Progressa. Please refer to the Merchant for details of any terms or conditions applying to your purchase, including your right to cancellation and a refund.
- Please refer to your loan agreement with Progressa, or its affiliates and assigns, for terms and conditions of your borrowing and repayment.
- If you have any questions or if you have any complaints, please email us at email@example.com or call us at 1-855-723-5626 (LOAN) or by dialing #LOAN on your mobile device.
- For the purposes of this Agreement, unless stated otherwise, the following words shall have the following meanings:”Progressa Platform” shall mean the Website, any micro-site of Progressa within the Merchant’s website or Official Partner Platform’s website or application, the loan system of Progressa accessed via the sales computers or other browsing computers, including tablets and mobile devices, at the Merchant’s premises, and other sales channels which allow the Merchant and Progressa to communicate from time to time, including telephone.”Intellectual Property Rights” shall mean patents, rights to inventions, copyright and related rights, trade marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part.”Merchant(s)” shall mean the merchant(s) Progressa services or is affiliated with, through our Official Partner Platforms, and from which you purchase the Product.”Product” shall mean the product or service you purchase from the Merchant using the Progressa Services, and may be through an Official Partner Platform mobile or desktop application.
- By accessing the Website and/or applying for the Progressa Services, you agree to comply with the terms and conditions of this Agreement.
- The terms of this Agreement extend to any future updates or supplements to the Website or the Progressa Services, unless they come with separate terms, in which case those terms apply.
- You acknowledge and agree that internet transmissions are never completely private or secure. You understand that any information you provide using the Progressa Platform or one of our Official Partner Platforms may be read or intercepted by others, even if there is a notice that a particular transmission is encrypted.
- Progressa shall, subject to the terms and conditions set forth in the Agreement, provide you with the Progressa Services.
- To be eligible for the Progressa Services, you must:
- Be of the age of majority in your province or territory of residence;
- Be a permanent resident in Canada and not a resident of the Province of Quebec;
- Have a credit profile acceptable to Progressa, in its sole discretion.
- To apply for the Progressa Services, you must, either alone or assisted by Merchant or Progressa staff, use the Progressa Platform to:
- Provide personal information for use in conducting credit checks and verifying payment arrangements. Such information may include, but is not limited to, your name, date of birth, address, email address, telephone number, bank details, credit card details and employment information;
- Provide personal information for use in conducting identity checks, including your driver’s licence and/or other details; and
- Provide all other information, answer all questions, click all required buttons, and tick all required boxes prompted on the Progressa Platform.
- Where you access the Progressa Platform via telephone, you may be required to send Progressa copies of your information in 3.3(b).
- By applying for Progressa Services, you authorize Progressa and its service providers to:
- Conduct, or arrange for a credit agency to conduct, credit checks from time to time using the personal data you have provided and exchange information with credit reporting agencies;
- Conduct, or arrange for another agency to conduct, identity and payment verification checks from time to time;
- Assess your application for the Progressa Services based on the results of the credit, identity, and payment checks;
- Issue a decision to grant or deny your application for Progressa Services; and
- Provide the results of the decision to the Merchant along with your name and contact information.
- The decision to approve an application for Progressa Services and provide a credit limit is final and at the sole discretion of Progressa.
- If you are approved, financing will be available to you through a pre-payable, fixed rate instalment loan with a term to be specified in the terms and conditions of your loan agreement. The loans may be issued by Progressa and may be assigned to other lenders. The terms of your loan will be governed by a loan agreement that you agree to, and will be bound by, at the time a transaction is authorized by Progressa. Any interest on the amount you borrow to finance your purchase will start accruing only once the loan has been issued. Your loan may not be issued or may be cancelled for any reason, including if Progressa determines not to issue the loan or if you violate this Agreement
- Only use the Progressa Services for personal purposes;
- Treat your user name and password, or any other piece of information used as part of our security procedures, confidential and must not disclose such information to any third parties;
- Promptly notify us if you know or suspect that anyone other than you knows the information in clause 4(b) at info@Progressa.com;
- Provide accurate and up-to-date information at all times when using the Progressa Platform and/or the Website;
- Promptly notify Progressa of any changes to information in your user account;
- Comply with all terms and conditions relating to the sale of the Product with the Merchant; and
- Comply with all terms and conditions relating to the financing of your Product by Progressa or its affiliates and assigns.
REFUNDS AND CANCELLATIONS
- By accepting the final terms of the Progressa Services at any Merchant location or website, and by entering into a loan agreement, you are agreeing to repay the loan to Progressa based on the terms and conditions of your loan agreement, unless the loan is not issued. Once the loan has been issued, you are responsible for making the payments pursuant to your loan agreement.
- Refunds and cancellations are subject to the return and refund policies of Merchants. You must contact your Merchant directly to request refunds. Progressa will process a refund to you if directed to do so by the Merchant.
- If a refund or cancellation is processed between you and the Merchant after the loan has been issued, the Merchant will notify us or our Official Partner Platform and the amount of your loan will be adjusted accordingly. We may rely solely on the Merchant for the amount of the refund or cancellation to adjust your loan amount. Any disputes as to the adjusted amount of the loan are to be resolved between you and the Merchant unless the adjusted amount of the loan is the result of an error.
- If a refund or cancellation is for the entirety of the borrowed amount, you may still owe finance charges depending on when the merchant notifies us of the refund or cancellation.
ELECTRONIC SIGNATURE CONSENT
- You agree to receive electronically all disclosures, communications, notices, and other information that Progressa may send to you or be required to send to you under applicable law or otherwise (the “Progressa Electronic Signature Consent”) pursuant to the terms and conditions set forth below (the “Progressa Electronic Signature Policy”).
- Scope of Consent. Your Progressa Electronic Signature Consent applies to any transactions undertaken by you with us, or any of our affiliates, assigns, agents or representatives, including use of the Progressa Services, any communication from us or our representatives or agents to you, including all disclosures, communication, notices, and other information required to be given to you under applicable law, any other information required by law to be provided either before or after your loan is issued, your loan agreement, billing statements, adverse action notices, any updates to your account, in each case, pertaining to any transaction with us or any use of the Progressa Services, whether now or in the future (the “Disclosures”). Your consent will remain in effect from the time you initially apply for the Progressa Services or access the Website until such time as your account with Progressa is terminated and, once terminated, will continue until such a time as all Disclosures relevant to your account have been provided.
- Means of Communication. We may send any Disclosures to you via email to the email address that you have provided (or may provide later) to us or via text message to the mobile telephone number that you have provided (or may provide later) to us. We may also post Disclosures on your Online Portal or on the Website. You agree that Progressa is not responsible for your failure to receive any Disclosures sent via text message or email that is not caused by our failure to send the Disclosure to the mobile number or email address that you would have provided to us.
- Minimum Requirements. Before you decide to do business electronically with us, you should consider whether you have the required hardware and software capabilities described:
- A valid working email account
- A mobile device capable of receiving text messages
- Access to a computer, operating system and telecommunication connection to the Internet capable of receiving, accessing, displaying and either printing or displaying information electronically. Your Internet browser must be one of the current and previous major releases of Chrome, Firefox, Internet Explorer, and Safari
- Sufficient electronic storage capacity on your computer’s hard drive or other data storage unit
- Adobe Acrobat or equivalent software
- Changes to Your Contact Information. You agree to keep us informed of any changes in your email address or mobile number so that you can continue to receive all Disclosures in a timely fashion. If your registered email address, registered address, or mobile number changes, you must notify us of the change by sending an email to info@Progressa.com or calling 1-855-723-5626 (LOAN).
- Acknowledging Your Ability to Access Disclosure. You agree and acknowledge that you can access, receive and retain all Disclosures electronically sent via email or to your mobile number or posted on the Website or Online Portal.
- Legal Effect. Your Progressa Electronic Signature Consent means that any Disclosures shall have the same meaning as if provided in paper form. Any Disclosures or other communication sent to you via email or text message shall be deemed delivered once received on your device. By pressing buttons or ticking boxes entitled “Apply”, “Accept and Checkout”, “Submit”, “Confirm”, “Verify”, “I Agree” or similar buttons and boxes indicating your authorization, you are providing your electronic signature with the same effect as if your signature had been provided on paper. You waive any and all defenses you may have that the Progressa Services, the Agreement, the loan agreement, the Privacy Statement (as defined below) or any Disclosures were supplied to you in electronic form or that your signature or agreement to the Progressa Services or to the loan agreement was obtained electronically.
INTELLECTUAL PROPERTY RIGHTS
- All Intellectual Property Rights relating to the Progressa Services, the Progressa Platform, the Website and any related services and/or materials provided by Progressa to you or accessed by you under the Agreement shall be owned by Progressa. All such rights are reserved.
- You may print off one copy, and may download extracts, of web pages from the Website for your personal use. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of such Intellectual Property Rights must always be acknowledged.
- Please refer to Progressa’s privacy statement (the “Privacy Statement”) for information about how Progressa collects, stores, uses, discloses and transfers your personal data.
NO RELIANCE ON INFORMATION
- The content on the Website and other information which is displayed or provided to you when using the Progressa Services is provided for general information only. It is not intended to amount to advice, including financial advice, on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Website or other information displayed to you when using the Progressa Services.
- Although we make reasonable efforts to update the information on our Website and otherwise provided to you in relation to the Progressa Services, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website or in documents provided to you in relation to the Progressa Services are accurate, complete or up-to-date.
- To the maximum extent permitted by law, the Website and the Progressa Services are provided “as is” and “as available”. While Progressa endeavours to provide the best service it can, Progressa hereby disclaims all warranties of any kind, whether express, implied or otherwise, including, without limitation, the warranties of fitness for a particular purpose and non-infringement. Progressa does not warrant that the Website or the Progressa Services will be complete, accurate, reliable, timely, secure, error free or that access thereto will be continuous or uninterrupted. You understand that you are using the Website and the Progressa Services at your own discretion and risk.
- We do not warrant that the provision of the Website and the Progressa Services complies with the laws of any country apart from Canada.
- The provisions in this clause do not affect your statutory or mandatory rights which cannot be excluded by applicable law.
THIRD PARTY SITES
The Website may contain links to other independent third-party Website (“Third-party Sites”). Third-party Sites are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any). You will need to make your own independent judgment regarding your interaction with any Third-party Sites, including the purchase and use of any products or services accessible through them.
GENERAL REPRESENTATIONS AND WARRANTIES
You represent and warrant that your use of the Website and the Progressa Services will be in strict accordance with the Agreement. In particular, you represent and warrant that:
- You will comply with the Agreement at all times;
- You will provide us and/or the Merchant with accurate and up-to-date information (where required);
- You will not use the Website or the Progressa Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with the Agreement, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Website or the Progressa Services;
- You will not infringe our intellectual property rights or those of any third party in relation to your use of the Progressa Services;
- You will not do any of the following in relation to your use of the Progressa Services:
- Disclose the name, address, telephone number, e-mail address or any other personal data in respect of any individual without their consent,
- Mislead or deceive any person, or
- Impersonate any person, or misrepresent your identity or affiliation with any person;
- You will not use the Website or the Progressa Services in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
- You will not collect or harvest any information or data from any content or our systems or attempt to decipher any transmissions to or from the servers running the Progressa Services.
LIMITATION OF LIABILITY
- Nothing in this Agreement limits or excludes Progressa’s liability for death or personal injury caused by its negligence, fraud or fraudulent misrepresentation or any other liability than cannot be excluded under law.
- To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Website or the Progressa Services, whether express or implied.
- Progressa will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- Use of, or inability to use, the Website;
- Use of, or reliance on, any content displayed on the Website;
- Rejection of your application for the Progressa Services;
- Any breach by the Merchant, including any failure or fault in the Product purchased from the Merchant, including a failure to deliver or delay in delivery of the Product; and
- Any breach by Progressa, including failure to make payment to the Merchant.
- Progressa shall not be liable, whether in contract, tort (including negligence), breach of statutory duty or otherwise, for indirect, consequential or special loss, loss of profit, loss sales or business opportunity, loss of agreements or contracts, loss of anticipated savings and loss of or damage to goodwill arising under or in connection with this Agreement.
- In addition, Progressa will not be liable for any loss or damage caused by:
- A virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any content on it, or any Website linked to it; and
- Any failure or delay in providing the Website or the Progressa Services to you due to matters beyond its reasonable control.
- Progressa’s total liability to you under or in connection with this Agreement shall be limited to $100.
- Progressa may terminate this Agreement and suspend your use of or access to all or any part of the Website or the Progressa Services immediately by contacting you at your email address on record if:
- You commit a breach of the Agreement, as determined by us in our discretion, or we suspect that may be the case;
- Progressa terminates its loan agreement with you;
- We consider termination necessary to protect the integrity or security of the systems used by us at any time;
- You are deemed by us either as unable to pay your debts or as having no reasonable prospect of so doing; or
- You apply for bankruptcy or become subject of a bankruptcy petition or order.
- On termination of the Agreement, all rights granted to you under the Agreement shall cease and you must immediately cease all activities authorized by the Agreement, including your use of the Progressa Services.
- Any provision of this Agreement that expressly or by implication is intended to come into or continue in force on or after termination of this Agreement shall remain in full force and effect.
- Termination or expiry of this Agreement shall not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination, including the right to claim damages in respect of any breach of the Agreement which existed at or before the date of termination or expiry.
- With the exception of the terms set out in a separate loan agreement between you and Progressa, this Agreement constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
- Nothing in this Agreement affects the liabilities, rights and obligations of you and the Merchant under the applicable terms between you and the Merchant.
If Progressa fails to insist that you perform any of your obligations under this Agreement, or if Progressa does not enforce its rights against you, or if Progressa delay in doing so, that will not mean that Progressa has waived its rights against you and will not mean that you do not have to comply with those obligations. If Progressa does waive a default by you, it will only do so in writing, and that will not mean that Progressa will automatically waive any later default by you.
ASSIGNMENT AND OTHER DEALINGS
- You may not assign, transfer or deal in any other manner with any or all of your rights under this Agreement without the prior written consent of Progressa.
- Progressa may at any time assign, transfer or deal in any other manner with any or all of its rights under this Agreement, provided that such dealing will not materially affect your rights under this Agreement or the obligations owed to you under this Agreement.
Each of the paragraphs of this Agreement operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
We reserve the right to change the Agreement at any time for any reason. Any changes we may make to the Agreement in the future will be notified to you by email in advance.
THIRD PARTY RIGHTS
This Agreement is between you and Progressa. No other person shall have any rights to enforce any of its terms.
GOVERNING LAW AND JURISDICTION
This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of the Province of Ontario and you agree that the courts of the Province of Ontario shall have exclusive jurisdiction over such disputes or claims.
Broker and/or Lender may obtain your consent to use your information to send you communications by mail, email or telephone marketing or promoting products and services that may be of interest to you. You can opt-out of receiving marketing offers at any time by clicking on the unsubscribe link included in our marketing email communications or by contacting us as set out under Contact Us below. Please note that you may continue to receive certain transactional or information electronic communications from us. If you have signed up for our personal finance service, Broker may provide you with tailored offers on the Website and by email, text message or other electronic means about Progressa and third party products and services that may be of interest to you based on your credit score, information in your credit report and other personal information.