Terms & Conditions - Evolocity Financial Group

Evolocity, the service and website are operated by Evolocity Financial Group, a Canadian corporation. Evolocity Financial Group is in the business of providing customers with small business loans and merchant cash advances. In connection with the provision of the Evolocity service, users may choose to submit financial information from their online banking account to Evolocity. Evolocity Financial Group uses this information to monitor the performance of Evolocity users on an on-going basis, and also uses it as part of the criteria in its credit decisions for those users that choose to apply for financing. While any business financing is outstanding, each user hereby agrees to provide Evolocity with all requisite information (via Evolocity’s secured third party partners) to allow Evolocity to continue to access the user’s online banking account. Evolocity is not a broker, investment advisor or financial planner, and we do not provide financial, securities, legal or tax advice. Before making any decision or implementing any strategy you should consider obtaining additional information and advice from your accountant, attorney, and/or other advisors.

1. Accepting the Terms

By using the information, tools, features and functionality located at https://evolocity.ca or subdomains (the “Website” and such information, tools, features and functionality, the “Service”), you agree to be bound by these terms and conditions (the “Agreement”). You must read this Agreement in its entirety and indicate your acceptance with the terms and conditions contained herein.

You may not use the Service and you may not accept this Agreement if you are under 18 years of age. If you accept this Agreement, you represent that you have the capacity to be bound by it or if you are acting on behalf of a company or entity that you have the authority to bind such entity. Before you continue, you should print or save a copy of this Agreement for your records.

Please print or save a copy of these Terms for your records.

2. Privacy and your Personal Information

For information about Evolocity’s data protection practices, please read our Privacy Policy, which is hereby incorporated into this Agreement. This policy explains how Evolocity treats your personal information, and protects your privacy, when you access Evolocity and use the Service. The policy may be updated from time to time at our discretion. Changes will be effective upon posting to the Website. Read Evolocity’s Privacy Policy.

3. Account Information from Third Party Sites

With the Service, users may direct Evolocity to retrieve their own or their company’s information maintained online by third-party financial institutions with whom they have customer relationships, maintain accounts or engage in financial transactions (“Account Information”). Evolocity may work with one or more online financial service providers under contract to access this Account Information.

Evolocity may review the Account Information for accuracy, legality and/or non-infringement. Evolocity cannot always foresee or anticipate technical or other difficulties which may result in failure to obtain data or loss of data, personalization settings or other service interruptions. Evolocity cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or personalization. You hereby acknowledge that Evolocity makes no representations or warranties with respect to the Service.

4. Proprietary Rights

You are permitted to use content delivered to you through the Service only on the Service. You may not copy, reproduce, distribute, or create derivative works from this content. Further, you agree not to reverse engineer or reverse compile any of the Service technology, including but not limited to, any Java applets associated with the Service.

5. Rights You Grant to Evolocity Financial Group

As the owner of the information you provide to us through the Service (your “User Account Information” and along with Account Information, your “User Information”), you are licensing the User Information to Evolocity Financial Group for the purpose of providing the Service. Evolocity may use such User Information to display, distribute, and create new material incorporating such User Information. By submitting User Information, you represent that you are the owner of the User Information and are entitled to submit it to Evolocity for use for this purpose, without any obligation by Evolocity to pay any fees or other limitations and without any particular time limit.

By using the Service, you expressly authorize Evolocity to access your User Information maintained by identified third parties and to directly connect to the Website for the third party you have identified, on your behalf. Evolocity will submit User Information that you provide to log you into the site and retrieve your User Information. You hereby authorize and permit Evolocity to use User Information submitted by you to the Service to accomplish the foregoing and to configure the Service so that it is compatible with the third party sites for which you submit your information.

For purposes of this Agreement, you grant Evolocity Financial Group and its service providers access to third party sites to retrieve, review, and use your User Information with the full power and authority to do and perform each thing necessary in connection with such activities, as you could do in person. You understand and agree that the Service is not sponsored or endorsed by any third parties accessible through the Service, and you hereby agree to release Evolocity Financial Group and its service providers from any claims arising out of the use of your User Information contemplated herein.

6. Credit Profile Authorization

You certify that (i) you are authorized on behalf of the company whose name you have entered to sign up for the Services and (ii) all information you provide is true, correct and complete and that you will notify us of material changes to such information. You understand and agree that we and our agents and assignees are authorized to contact third parties to make credit report inquiries (including requesting business and personal credit bureau reports from credit reporting agencies and other sources) or for any other lawful purpose. Upon your written request, we will advise you if we obtained a credit report. You understand and agree that Evolocity is making no commitment or guarantee that any product, evaluation, or guidance provided by Evolocity will result in an approval for credit from Evolocity or any third party.

7. Electronic Communications

By choosing to access Evolocity’s Services via the internet, you hereby consent to receive by electronic means this Agreement and any and all disclosures and/or notices required to be given by applicable law or regulation. You also consent to allow Evolocity to respond to any inquiries by e-mail regardless of the format of the original inquiry.

To electronically receive, view, and save the Agreement, you must have a personal computer equipped with Google Chrome, Safari 5.1 (or higher), Firefox 2.0 (or higher) or Microsoft IE9.0 (or higher) , and either a printer, a hard drive, or other storage device. You must also have a valid email address. You must notify us if your email address changes. To notify us of your new email address, please log on to the Website via the "Login" link in the upper right hand corner of this page and update your email address in the “My Profile” section.

8. Electronic Signature

By clicking the checkbox next to the Application, you are accepting all of the following terms and conditions relating to Evolocity’s electronic notification/communications policy and Evolocity’s electronic consent and contract binding policy. Please read the information below carefully and thoroughly.

YOU AGREE TO ELECTRONIC CONTRACT BINDING. You consent that your electronic signature on agreements and documents has the same legal and moral effect as if you signed such agreements and documents in ink and will be deemed valid, authentic, enforceable and binding. You further consent that your electronic actions or your participation in certain electronic processes that are logically associated with a contract or any fully disclosed terms and conditions shall also have the same legal effect as if you signed such contract or agreed to such terms and conditions by providing your written signature in ink and you agree that such actions/participation will be deemed a valid and binding contract to the extent such actions/participation indicates your intent to be legally bound.

YOU AGREE TO ELECTRONIC COMMUNICATIONS. You hereby agree that Evolocity may provide any communication or notification to you electronically and you hereby consent to receive by electronic means any and all agreements, documents, disclosures and/or notices required to be given by applicable law, regulation or internal Evolocity policy. You also consent to allow Evolocity to respond to any inquiries or communications by e-mail, fax or other electronic means regardless of the format of the original inquiry. You agree that electronic copies of communications are valid and you will not contest the validity or enforceability of such communications or any related transactions, absent proof of altered data or tampering. Pursuant to law and regulations, you agree and acknowledge that all electronic communications delivered to you by Evolocity (i) shall be given the same legal effect as signed paper communications, (ii) shall be considered a “writing” or “in writing” and (iii) shall be deemed for all purposes to have been “signed” and to constitute an “original” when printed from electronic files or records established and maintained in the normal course of business. You agree that all electronic communications and actions recorded by Evolocity shall be deemed valid and admissible originals.

YOU UNDERSTAND THE TECHNICAL REQUIREMENTS. To electronically receive, view, and save electronic communications and electronically signed agreements, you must have a personal computer equipped with the requirements set forth below, and either a printer, a hard drive, or other storage device. You must also have a valid email address. You must notify us if your email address changes and you hereby agree to notify us of any such change immediately. To notify us of your new email address, please log on to https://evolocity.ca and the applicable subdomains and update your email address in the “My Profile” section of the website. Please note that the minimum requirements to access the website set forth below are subject to change.

Browsers:
Google Chrome, Safari 5.1 (or higher), Firefox 2.0 (or higher) or Microsoft IE9.0 (or higher)

PDF Reader:
Acrobat® or similar software may be required to view and print PDF files

Screen Resolution:
800 x 600 minimum

Enabled Security Settings:
Allow session cookies

YOU UNDERSTAND THE DISCLOSURES ABOUT CHANGING YOUR CONSENT. If you elect to receive required notices and disclosures only in paper format, it may slow the speed at which we can complete certain steps in transactions with you and delivering services to you. Nonetheless, you may change your consent at any time. Your consent to electronic communications and electronic signature may also be withdrawn at any time by providing us with written notice that has been notarized and sent to the address below. Notwithstanding your change of consent, any electronic communications provided or agreements entered into with your electronic signature prior to your consent being withdrawn shall remain effective and binding.

Evolocity Financial Group
1100 Rene-Levesque, Suite 1825
Montreal, Quebec, H3B 4N4

Your correspondence must contain in the body of such request your e-mail address, full name, postal address, and telephone number. After your withdrawal of consent has been received and processed by Evolocity, all subsequent notifications and communications will be sent by regular mail to the last known address on file with Evolocity. You have the option to receive any information that we have provided electronically in paper form at no cost to you by providing a written request to the address above. Additionally, you will have the ability to download and print certain documents through the Evolocity website.

YOU ACKNOWLEDGE AND CONFIRM YOUR CONSENT. If you consent to receiving notices and disclosures in electronic format on the terms and conditions described above, please let us know by clicking the checkbox next to “Application” on the previous page. By clicking the check box, you acknowledge and confirm that (1) you can access and read this APPLICATION AGREEMENT; (2) you can print on paper the disclosure or save or send the disclosure to a place where you can print it, for future reference and access; and (3) until or unless you notify Evolocity as described above, you consent to receive from and through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you by Evolocity during the course of your relationship with Evolocity.

Referral Program Terms and Conditions

The referral program (the “Program”) is open to all Canadian residents who have reached the age of majority in their province of residence (each a “Referrer”) who wish to refer businesses (each a “Referee”) to Evolocity Financial Group. By submitting a referral, you represent to Evolocity Financial Group that you have obtained the prior consent of the Referee to provide their information. Employees or partners of Evolocity Financial Group, are not eligible to participate in the Program.

In order to qualify for the program, the Referee must not be a current or past client of Evolocity Financial Group and must not have applied on their own initiative previously. If more than one Referrer submits a referral for the same Referee, the first one to submit the referral will be entitled to compensation.

VISA gift cards will be issued only if the Referee actually receives funding from Evolocity Financial Group within 3 months from the referral date.  For fundings of up to and including $25,000, a VISA gift card of $250 will be issued. For fundings above $25,000, a VISA gift card of $500 will be issued. There is no limit to the amount of Referees a Referrer can refer, nor is there a limit to the amount of VISA gift cards a Referrer can receive.

Evolocity Financial Group may terminate the Program at any time.   This contest is subject to all Federal, Provincial and Municipal laws and regulations applicable in Canada. This contest is void where prohibited or otherwise restricted by law.