Terms and Conditions
These terms (the “Terms”) govern your use of this web site (the “Site”) operated by GO GO LOANS INC. Throughout these Terms, the terms “GOGO,” “we,” “our” and “us” refer to [GOGO Loans], the owner of the Site, while you, the person accessing and utilizing the Site, are referred to as “you” and “yours”.
1. Use of Site
The Site is provided to you subject to your agreement to be bound by and comply with the Terms together with any specific terms, conditions or disclaimers provided in the specific pages of Site (the “Specific Disclaimers”). In the event of any conflict between the Terms and the Specific Disclaimers, the Specific Disclaimers shall govern. The specific terms and conditions applicable to any product, service or information will be those determined at the time of provisions of the product, service or information. Each time you access and use the Site you indicate and acknowledge you acceptance of and compliance with the Terms and Specific Disclaimers. If you have not already done so, please take some time to familiarize yourself with the Terms and the Specific Disclaimers. If you do not agree to the Terms and Specific Disclaimers, you should immediately discontinue any access or use of the Site immediately. The Terms and Specific Disclaimers may be changed at any time without notice. We may in our discretion provide you with notice of such changes, if you have provided us with relevant contact information; however, we have no obligation to provide such notice. At any time when you visit the Site, you will be subject to the Terms and Specific Disclaimers then posted on the Site. You are therefore responsible for checking the Terms and Specific Disclaimers each time you visit the Site.
2. Privacy and Information provided by you
3. No Warranty
We make reasonable efforts to ensure the accuracy and completeness of the information, material and content provided on the pages of the Site (the “Information”) and believe that the Information is reliable when placed on the Site. However, we cannot guarantee that the Information is accurate or complete or current at all times. GOGO and our directors, officers and employees shall have no obligation to update the Information and shall have no liability for any inaccuracies, errors or omissions with respect to the Information, regardless of the source or cause of any such errors or omissions. The Information or the Site may be changed, withdrawn or terminated at any time without notice. To the fullest extent permitted by law, the Site and Information are provided on an “as is” basis without any warranty, representation or endorsement of any kind, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title or non-infringement. The Information may include technical inaccuracies or typographical errors. The Information may not be accurate or current, may not apply to your particular situation, or may not be suitable or appropriate for you. We strongly urge you to consult a professional or some other authority in the appropriate field before using any of the Information, and you acknowledge that the Site is not intended to, and should not be considered to, provide any legal, tax, financial planning or accounting advice. If you require advice in such fields, you should consult the appropriate professional advisors. We shall not be liable for any direct, indirect, incidental, special, consequential, accessories or punitive damage or any other damages whatsoever and howsoever caused, arising out of or in connection with the use of the Site or in reliance on the Information, including any loss of use, lost data, lost business profits, business interruption, personal injury or any other pecuniary loss, whether the action is in contract, tort (including negligence) or other tortious action. We disclaim any liability for unauthorized use or reproduction of any portion of the Site or Information.
When using the Site, information will be transmitted over a medium that is beyond the control and jurisdiction of GOGO. Accordingly, GOGO assumes no liability for or relating to the delay, failure, interruption or corruption of any data or other information transmitted in connection with use of the Site. GOGO makes no warranty or representation that the Site will be available at any particular time or location, or that any defects or errors will be corrected, or that the Site is free of viruses or other harmful elements. GOGO disclaims all liability for any computer viruses, worms or other damaging, invasive or disabling computer code that may be loaded into users’ computers when users download documents from this Site. You are strongly advised to obtain and use appropriate anti-virus and security software. To the fullest extent permitted by law, GOGO hereby expressly disclaims and 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 GOGO makes no representation or warranty as to the results that may be obtained from the site. You specifically agree that GOGO shall not be responsible for unauthorized access to or alteration of the Site or your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through the Site. You specifically agree that GOGO is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another’s rights, including intellectual property rights. You specifically agree that GOGO is not responsible for any content sent using or included in the Site by any third party.
To the fullest extent permitted by law, none of GOGO or any third parties mentioned on the Site are nor will they be liable 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) resulting from the use (or inability to use) the Site, the Information, or arising out of any action taken in response to or as a result of any Information. This limitation applies whether the alleged liability is based on warranty, contract, tort or any other legal theory, and whether or not GOGO is advised of the possibility of such damages. You hereby waive any and all claims against GOGO, and its affiliates, agents, representatives and licensors arising out of your use of the Site and the Information. If for any reason or in any circumstance GOGO 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$10.00.
We reserve the right, in our sole discretion and at any time with or without notice to you, to terminate your access to all or any part of the Site, without any liability to you or any other person.
4. Intellectual Property
You may not create any link to the Site except with our express prior written consent. We hereby provide consent to you creating a single hyperlink to any page of the Site, provided that: a) The content of the web site (“your site”) from which you link to the Site is not offensive under your local laws and standards or those of Canada, and in particular the content of your site does not promote or positively portray unlawful activity, violence or intolerance of any sort; b) Your site is in compliance with all laws applicable in the jurisdiction in which it is hosted and all laws of Canada; c) Your site does not misrepresent, overstate, exaggerate, or otherwise deceptively describe the Site, GOGO or the relationship between your site and either the Site or GOGO; d) Your site does not disparage or in any way negatively portray GOGO, the Site, or any product or service offered by or on GOGO or the Site; e) Your site, including the link permitted under this provision, does not infringe on any intellectual property right of GOGO. More specifically (but without limiting the breadth of the previous sentence), your site does not use any material, logo, text, image, video, or graphic in which holds copyright or is a trade mark or service mark (registered or unregistered and whether or not any identifying “TM”,”SM”, or ®/ “R” in a circle marking is used in association with such marks) of GOGO (including any logo or URL of GOGO, including the URL of the Site) except to the extent necessary to identify and link to the Site, and then only provided that a notice acknowledging GOGO’s ownership of the intellectual property is clearly displayed; f) Your site does not, and no other web site owned, controlled, or affiliated with you or your site, frames, mirrors, or otherwise displays any portion or content of the Site; g) You will, without any claim whatsoever arising there from, immediately upon request from a representative of the Site by telephone, facsimile, mail, email, or any other form of communication, remove any or all links to the Site from your site as requested by such representative of the Site, whether or not such representative provides any reason or justification for such request. Your right to create any such link, in addition to be revocable as described above, is non-exclusive, and you acknowledge and agree that such right does not in any way provide you with any right or license (express, implied, by estoppel, or otherwise) in or to any Site content or any intellectual property of GOGO (or any third party the intellectual property of which is present or visible on the Site), including any copyright, trademark, service mark, patent, trade secret, trade dress or otherwise.
5. No Solicitation
No part of the Site should be taken to constitute an offer or solicitation to buy or sell products or services. The Information is for informational purposes only and is not intended to provide specific financial, investment, tax, legal, accounting or other advice to you, and should not be acted or relied upon in that regard.
6. No Endorsement
7. Trade Marks
Certain words, phrases, names, designs or logos used on the Site may constitute trade marks, service marks or trade names of us or other entities. The display of any such marks or names on the Site does not imply that a licence has been granted by us or other entities.
8. Use of Emails
Absent the use of encryption, the Internet is not a secure medium and privacy cannot be ensured. Regular unencrypted email is vulnerable to interception and forging. You should not send any confidential, proprietary or sensitive information through the Internet using regular, unencrypted emails. We will not be responsible in any manner for any direct, indirect, special or consequential damages, however caused, you or any third party may suffer as a result of the transmission of confidential, proprietary or sensitive information that you make to us through the Internet using regular, unencrypted emails, or that you expressly or implicitly authorize us to make, or for any errors or any changes made to any transmitted information.
9. Computer Viruses
While every effort is made to ensure that the Site and the Information do not contain computer viruses, you should take reasonable and appropriate precautions to scan for computer viruses and should ensure that you have a complete and current backup of the applicable items of information contained on your computer system. You should pay specific attention to some of the newer viruses that have been written to automatically execute when an infected word processing document is loaded into certain word processing programs.
10. Availability and Permitted Use
The Site and the Information can be accessed from Canada and other countries around the world. You acknowledge and confirm that some or all of the products, services and Information made available or provided on the Site may not be available to persons or entities residing in certain jurisdictions or geographical areas. We reserve the right, in our sole discretion, to exclude or otherwise limit the provision of any product, service or Information to a person or entity residing in any jurisdiction or geographical area. Only persons who are resident in Canada and are of the age of 19 (the age of 18 in Alberta and Manitoba) or over may apply for any product or services available on or through the Site, and by so applying you represent and warrant to GOGO that you meet those qualifications. We do not represent or warrant in any way that any products, services or Information provided on the Site will be available to you. The Site and the Information do not constitute an offer or solicitation to buy or sell any currency, investment fund or other product, service or information to anyone in any jurisdiction in which an offer or solicitation is not authorized or cannot legally be made, or to any person to whom it is unlawful to make an offer or solicitation.
You agree that your access and use of the Site and the Information shall not violate any applicable local, national or international law, including but not limited to any regulations having the force of law. You may not enter any false, fraudulent, indecent, obscene, profane or otherwise inappropriate information into any application or other data entry form or page located on or through the Site, and you represent, warrant and agree that you will enter only true and accurate information into any form or page related to the Site, you will keep such information updated, and that you will use the Site only in compliance with all applicable laws.
You acknowledge and agree that GOGO does and will cooperate with law enforcement officials and agencies in any investigation of potential or alleged violations of any applicable law. You acknowledge and agree that GOGO may investigate (or have investigated on its behalf) allegations of infringement of third-party rights or abusive or any other inappropriate use of the Site.
11. Cookies and Internet Based Advertising
The Site uses “cookies”, a technology that installs a small amount of information on a visitor’s computer to permit the Site to recognize future visits using that computer. Cookies enhance the convenience and use of the Site. For example, the information provided through cookies is used to recognize you as a previous user of the Site, to track your activity at the Site, to respond to your needs, and to otherwise facilitate your experience. You may choose to decline cookies if your browser permits, but doing so may affect your use of the Site and your ability to access certain features of the Site or engage in transactions through the Site. GOGO may use web cookies or pixel tags to compile tracking information reports regarding Site user demographics, Site traffic patterns, and Site activities. We may then provide these reports to advertisers and others. None of the tracking information in these reports can be connected to the identities or other personal information of individual users. GOGO display interest-based advertising using information you make available to us when you interact with our Site, content, or services.
You agree to reimburse GOGO, its directors, officers, agents, employees, partners, and service providers (collectively, “Indemnities” and each an “Indemnity”) for all losses, damages, and costs, including reasonable legal counsel fees, arising in relation to any breach by you of these Terms, the Specific Disclaimers and/or your use or misuse of the Site or any Content, unless GOGO settles any action or claim regarding which it seeks reimbursement from you without first seeking your approval of such settlement and permitting a reasonable period of time (not to exceed 5 business days) for your response.
13. Governing Law
The interpretation, validity and effect of the Site, the Information, the Terms and the Specific Disclaimers shall be governed by the laws of the Province of Ontario and the laws of Canada applicable therein, notwithstanding any principles of conflicts of laws or your domicile, residence or physical location. Any claims, disputes or other controversies relating to or arising from the Site, the Information, the Terms or the Specific Disclaimers or any information you receive from us shall be brought only in a court of competent jurisdiction located in Toronto, Ontario, and you hereby expressly consent and attorn to the exercise of exclusive jurisdiction over you by such courts. To the fullest extent permitted by applicable law, you waive your right to a jury trial with respect to any action brought under or in connection with the Site, the Information, the Terms or the Specific Disclaimers.
Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of that right or provision.
15. Voluntary Limitation Period
Regardless of any statute or law to the contrary, any claim and any cause of action against GOGO arising out of or related to use of the Site, the Information, the Content, these Terms, or any product or service available on or through the Site must be filed within one (1) year after the claim or cause of action arose.
16. Credit Check & Employment Verification Consent
17. Entire Agreement, Severability
Unless otherwise specified in these Terms, this agreement constitutes the entire agreement between you and GOGO with respect to the Site and supersedes all prior or communications and agreements (whether oral, written, or electronic) between you and GOGO with respect to the Site. If any part of these Terms is held invalid or unenforceable, the remainder of these Terms will remain in full force and effect.
18. Processing Fee
A 10% fee is charged of the amount applied for and will be deducted at the point of financing the loan. Interest is also paid of the fee throughout the duration of the term.