Terms of Use

It is recommended that all users carefully review the following Terms and Conditions before accessing or utilizing the services provided by this website. By accessing or using this website, the user agrees to abide by all terms and conditions that govern its use.

The present website (hereinafter referred to as the “Site”) is a copyrighted work owned by factoringcompanies.ca, or any related properties (collectively referred to as “Company,” “Us,” “Our,” and “We”).

Factoringcompanies.ca reserves the right to modify or alter these terms and conditions at its sole discretion, without prior notification, at any time. Users are advised to periodically review the Terms and Conditions to stay informed of any updates or changes.

The User acknowledges that factoringcompanies.ca is committed to providing promotional-related services, subject to the User’s compliance with the outlined terms and conditions. By utilizing Our services, both current and any additional services, the User agrees to adhere to these terms and conditions as part of the Agreement.

In this Agreement, the term “User” refers to the individual or entity utilizing our services, or the agent representing the User. The User represents and warrants that they have the legal capacity to bind any entity they represent, and both the User and the represented entity are bound by the terms of this Agreement as if each had consented to the terms individually.

Personal Information:  The User acknowledges and agrees to comply with the established Terms and Conditions. The User also consents to receive marketing communications from Us, including but not limited to announcements, promotions, and offers for additional, third-party, or enhanced services (referred to as “Marketing messages/upsells”).

The User has the option to accept or reject these Terms and Conditions. In the event that the User chooses to provide any personally identifiable information, it will be governed by the privacy policies of the Site, as outlined on the Privacy Policy page.

Once the User has furnished their contact details to the Site, they will continue to receive marketing communications from Us unless the User actively opts out to be removed within thirty (30) days.

Pursuant to this section, all requests to opt out shall be processed in a reasonable timeframe by Us. The User may still receive communications during the processing period.

Amendment/ Modification: The User acknowledges that the Site reserves the right to amend its standard terms, conditions, and service offerings at any time without prior notice.

Permission for Access: The User grants the Site permission to access their websites and/or advertising account for the purpose of providing its services. The User shall not monitor or duplicate the Site’s website or any of its content, except as specifically authorized by the Site.

Latency: The User acknowledges that the systems, network of third-party partners, and search engines utilized by the Site may result in delays in the processing of any data or information provided by the User.

Retention of Ownership: the Site shall retain full rights and ownership over the Advertising Services, including but not limited to all concepts and ideas and any computer programs and supporting software relevant to its operations. The User acknowledges that they have not acquired any ownership rights in the Site Materials, and this Agreement does not convey any such rights.

Responsibility for User’s Website: The User acknowledges that the Site and its Promotional Partners bear no responsibility for the design, upkeep, and functioning of the User’s website(s), nor for any content or other materials contained therein or any orders placed through the User’s website(s). The User further warrants that they shall not include on their website any content or materials belonging to the Site, its Promotional Partners, or any content under license, including but not limited to any of the Site search listings.

User Countermarks: The User agrees to undertake the following actions:

User’s Indemnification Obligations: The User shall defend and indemnify the Site, its affiliates, and partners, including Promotional Partners, as well as their respective licensees, licensors, and affiliated companies (collectively referred to as the “Indemnified Party”), from any claims, actions, or losses, including (without limitation) reasonable attorneys’ fees. The Indemnified Party shall provide the User with prompt notice of any claim, action, or demand for indemnity.

Submission of Information: In order to utilize certain features of the Site, such as the submission of forms, requesting a factoring rate quote, or applying for factoring services, the User must provide relevant information regarding themselves or their business. The User may also be required to register for an account (“Account”) or submit an application (“Application”).

The User represents and warrants that:

In the event the User submits a referral form through the Site, they represent and warrant that:

The User is responsible for all activities that occur under their Account and for the accuracy of the information provided in their Application. If the User is assigned or required to select a password to access their Account, they are prohibited from sharing the Account or password with any third party. The User agrees to immediately notify the Company of any unauthorized use of their password or any other security breach and to exit their Account at the end of each session.

Knowingly Entering False Information: The User acknowledges that knowingly entering false information on the Site, including but not limited to name, phone number, email address, or Company information, could expose the Company to significant costs, damages, and penalties and also could interfere with third-party privacy rights. 

Accordingly, if the User knowingly inputs false information on the Site, including but not limited to a phone number they do not control or have permission to use to receive calls or texts from the Company, they agree to fully indemnify the Company for all of its related damages, costs, losses, expenses, and attorney’s fees.

Limitation of Liability and Warranty Disclaimer: The User acknowledges and agrees that the Site and its Promotional Partners shall not be held liable for any errors, omissions, or their consequences, including but not limited to costs, reimbursements, damages, penalties, rebates, or any other type of losses arising from an interruption of service or any other form of Internet unavailability. The User shall promptly notify the Site of any such errors or omissions and provide the Site with a reasonable opportunity to correct them.

The Site does not make any representations or warranties regarding the results of the Advertising Services, including, but not limited to, the number of impressions, click-throughs, promotional effects, or return on investment. the Site relies on data provided by third-party providers and makes no guarantees as to the accuracy, reliability, or completeness of such data, including usage statistics.

Neither the Site nor its Promotional Partners shall be held accountable for any indirect, incidental, special, or consequential damages resulting from this Agreement. This includes, but is not limited to, any loss of profits or revenue. Both parties agree that they shall not be liable for any failure or delay in performance due to circumstances beyond their reasonable control, including, but not limited to, acts of government, natural disasters, power outages, labor disputes, transportation interruptions, and civil unrest.

Additional Assistance: The User acknowledges and agrees that, in the event of a request for or purchase of additional assistance, the Site shall have the right of access to such additional assistance. The User further consents to accept that the Site may provide the requested or purchased additional assistance.

Headings: Section headings are for reference purposes only and shall not be deemed to form a part of this Agreement. They do not intend to fully and accurately depict the substance of the provisions they precede. 

Waiver: Any waiver by either party of a violation of any provision in this Agreement by the other party shall not be considered a valid and continuing waiver, nor shall it limit either party’s right to enforce future breaches of such provision. Neither party shall have the ability to waive any breach or default under this Agreement.

Attorneys’ Fees: In the event of a dispute between the parties, the prevailing party, whether a final decision has been reached by the court or not, shall be entitled to reimbursement of their attorneys’ fees from the non-prevailing party.

No Third-Party Benefits: This Agreement contains no covenants, commitments, or agreements that extend to any third party. The provisions of this Agreement are intended solely for the benefit and enforcement of the Parties and any Promotional Partner identified in this Agreement, as well as their respective successors and assignees, as permitted.

Survival: The provisions of this Agreement that address circumstances or issues that may arise following the termination of this Agreement shall continue to remain in effect after such termination.

Severability: In the event that any clause, term, or provision of this Agreement is determined to be unenforceable or contrary to law or public policy, such provision shall be deemed null and void. The remaining provisions of this Agreement shall remain in full force and effect and shall be interpreted in a manner that best embodies the original intentions of the parties.

Governing Law and Jurisdiction: This agreement shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada, without regard to its conflict of law principles. Any legal disputes arising under this agreement shall be subject to the exclusive jurisdiction of the courts located in Ontario, Canada.

Dispute Resolution: Any disputes arising under these terms shall be resolved through binding arbitration in Ontario, Canada, in accordance with the rules of the Arbitration Act, 1991. If arbitration is not successful, parties may pursue litigation in the courts of Ontario.

Termination Clause: Factoring Companies Canada reserves the right to terminate or suspend access to its services at any time, without notice, for conduct that violates these terms or for any other reason deemed necessary.