Website Terms of Use

1. Your Acceptance of Affirm Financial Terms of Use

Thank you for visiting our internet website (AffirmFinancial.ca). This document will provide the terms and conditions under which you may view and use the Affirm Financial website, and by viewing or using the Affirm Financial website you acknowledge having read and understood, and agree to abide by these Terms of Use. If you do not agree to abide by these Terms of Use, you may not use the Affirm Financial website.

Each time you visit the Affirm Financial website you signify your acceptance and the acceptance of all persons you represent, without limitation, to be bound by this Acceptance as it then reads, and you represent and warrant that you have the legal authority to agree to and accept this Acceptance on behalf of yourself and all persons you represent.

2. Changes to Terms of Use and Affirm Financial Website

Affirm Financial may, from time to time, at its sole and absolute discretion, make changes to the Affirm Financial website, including changing, removing, or adding products or services.

From time to time we may update, modify or wholly replace these Terms of Use, without prior notice to you. We may, at our sole and absolute discretion provide you with notice of any such changes, if you have previously provided us with contact information; however, we are under no obligation to provide any such notice. At any time when you visit the Affirm Financial website, you will be subject to the Terms of Use then posted on the website. You are therefore accountable for checking and reviewing the Terms of Use each time you visit the Affirm Financial website. If you do not agree with the revised Terms of Use, you may not use the Affirm Financial website.

These Terms of Use do not limit or decrease the effect of the specific terms of any other agreement or documentation which you may enter (electronically or otherwise) in relation to the use of the Affirm Financial website or any product or service available on the Affirm Financial website. In particular, credit card arrangements made will be subject to additional specific terms, which terms will take precedence over these Terms of Use to the degree of any inconsistency between them.

3. Privacy Policy

At Affirm Financial we respect the privacy of every one of our customers and take the issue of privacy very seriously. Any personal information you provide to us will be dealt with as defined in our Privacy Policy, which can be viewed by clicking the link below:

https://www.affirmfinancial.ca/privacy-policy/

4. Currency and Interest Rates

Unless expressly stated otherwise, all references on the Affirm Financial website to currency are in (CDN) Canadian Dollars. Interest rates specified on the Affirm Financial website are subject to change at any time and without notice.

5. Website Communication

All information provided through the Affirm Financial website, including your legal name, residential/permanent address, e-mail address, and information relating to online account information, online applications and online requests, must be factual, accurate, current and complete. Affirm Financial will rely exclusively on the information provided by you. You will be solely responsible and liable for any and all loss, damage, and additional costs that you, Affirm Financial or any other person may incur as a result of your submission of any untruthful, incorrect or incomplete information.

You authorize Affirm Financial to accept communications we receive from you by means of the Affirm Financial website in the same manner as if the communications had been given directly by you in writing and signed by you. You further authorize Affirm Financial to disclose your communications to our service providers’ employees and representatives in accordance with our Privacy Policy, e-mail or other communications and to respond to your communications by means of Internet communications, e-mail or other communications. Communications forwarded to Affirm Financial by means of the Affirm Financial website and e-mail are not effective until they are processed by the responsible Affirm Financial representative. Affirm Financial may refuse to process any communications sent by means of the Affirm Financial website or via e-mail at any time at the discretion of Affirm Financial, and without any prior notice or liability to you or any other person, including:

a) If Affirm Financial cannot effectively process the communications;
b) The communications are in violation of any provision of this Acceptance or any other agreement that you or any other person may have with Affirm Financial;
c) Affirm Financial believes the communications may conflict with any other instructions or agreements with you or any person you represent; or
d) There is an operational failure or malfunction relating to the transmission of the communications.
A copy of any electronic communication will be admissible in any administrative, legal or other proceedings in the same manner as an originating document in writing. You hereby agree to waive any right to object to the introduction of any copy of electronic communications as evidence.

6. Cookies

The Affirm Financial website uses “cookies”, a technology that installs a minor amount of information on a website user’s computer to allow the website to identify any future visits using that computer. Cookies improve the convenience and use of the Affirm Financial website. The information provided through cookies is used to recognize you as a former user of the website, to track your activity on the website, to respond to your needs, and to otherwise simplify your website experience. You may select to decline cookies if your browser permits, however doing so may ultimately affect your use of the Affirm Financial website and your ability to access certain features of the Affirm Financial website or engage in transactions through the Affirm Financial website.
Affirm Financial may use web cookies or pixel tags to gather tracking information reports regarding website user demographics, website traffic patterns, and website purchases. We may then provide these reports to advertisers and others. We confirm that none of the tracking information provided in these reports can be associated to the identities or other personal information of the individual users.

7. Warranties and Limitations of Liabilities

Although Affirm Financial makes every reasonable effort to provide and include accurate and up-to-date information on the Affirm Financial website, it makes no representations or warranties as to the fact, accuracy, reliability, usefulness, timeliness or completeness of that information. The content may include, from time to time, technical inaccuracies or typographical errors. The information provided may not be accurate or current, may not apply to every individual’s particular situation, or may not be suitable or appropriate for every user.
The Affirm Financial website and the content therein are provided on an “as is, as available” basis, and you use the Affirm Financial website at your own risk. At no time will Affirm Financial, its Affiliates and Service Providers, and any other parties involved in creating and delivering the Affirm Financial website contents be liable for any losses, damages, or expenses of any kind arising from or in connection with the website or its use or any person’s inability to use the website, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or system failure, loss of data or otherwise, even if Affirm Financial or its representatives are advised of the possibility of such damages, losses or expenses. Affirm Financial will not be held liable in any manner for direct, indirect, special or consequential damages, regardless of the cause, arising out of use of this website including but not limited to, damages arising from or relating to the installation, use, or maintenance of personal computer hardware, equipment, software or any Internet access services.

Affirm Financial strongly urges you to consult a professional or some other credible authority in the appropriate field before using any of the information it provides, and you acknowledge that the site is not intended to, and should not be considered to replace or provide any legal, tax, financial planning or accounting advice.

When using the Affirm Financial website, information will be transmitted over a medium that is beyond the total control of Affirm Financial or Affirm’s service providers and partners. Consequently, Affirm Financial undertakes 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 Affirm Financial website. Further, Affirm Financial makes no representation or warranty that the Affirm Financial website will be available on a uninterrupted or continuous basis, or that any imperfections or errors will be detected or adjusted, or that the Web Site and any communication from Affirm, whether from the Web Site, or otherwise, is free of viruses, malicious code, unauthorized programs, disable code, or other harmful components.

You are strongly cautioned to acquire and maintain appropriate anti-virus and security software. To the fullest extent available and permitted by law, Affirm Financial hereby expressly refutes and by using this website you waive all conditions, representations and warranties (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 Affirm Financial makes no representation or warranty as to the results that may be obtained from the Affirm Financial website.

You explicitly agree that Affirm Financial shall not be held responsible nor liable for any unauthorized access to or modification of the website or your transmissions or data, any material or data sent or received (or not sent or received), or any transactions entered through the Affirm Financial website. You further agree that Affirm Financial is not liable or responsible for any intimidating, 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 Affirm Financial is not responsible for any content sent using or included in the website by any third party.
Affirm Financial makes no endorsements of any third party products or services, material or content referenced or included in, or linked from or to the Affirm Financial website.

8. Permitted Use of the Affirm Financial Website

Any individual is encouraged to visit and browse the Affirm Financial website. However, only persons who are resident in Canada and are of the age of 18 (the age of 19 in British Columbia, Newfoundland and Labrador, Northwest Territories, Nova Scotia, Nunavut, Yukon or New Brunswick) or over may apply for any product or services available on or through the Affirm Financial website. By applying for any product or services on the Affirm Financial website you represent and warrant to Affirm Financial that you meet those requirements.
When submitting any application or other data entry form or page located on or through the Affirm Financial website, you may not enter any false, fraudulent, indecent, obscene, profane or otherwise inappropriate information. You hereby represent, warrant and agree that you will enter only true and accurate information into any form or page related to the Affirm Financial website, you will keep such information current, and that you will use the website only in compliance with any and all applicable laws.
You acknowledge and agree that Affirm Financial does and will cooperate fully with law enforcement officials and agencies in any investigation of potential or alleged violations of any applicable laws. You acknowledge and agree that Affirm Financial may investigate (or have investigated on its own behalf) allegations of infringement of third-party rights or abusive or any other inappropriate use of the website.

9. Unlawful Behavior

No visitor to the Affirm Financial website may use the website to communicate to others, to post on the website (or otherwise transmit to the website), any materials, information, or communication that either causes harm to any person or which is illegal or otherwise unlawful, including without limitation any odious, harassing, pornographic, obscene, profane, defamatory, or threatening materials which constitutes or may encourage conduct that would be considered a criminal offence, give rise to civil liability, promote the excessive, irresponsible or underage consumption of alcohol, or otherwise violate any law or regulation.
Notwithstanding that Affirm Financial or other parties are involved in creating, producing or delivering the website, Affirm Financial will have the right to monitor or review all communications, materials, transmissions, postings, discussions and chats. Affirm Financial and all parties involved in creating, producing or delivering the website, assume no responsibility or liability which may arise from the content thereof, including but not limited to claims for any of the above-noted issues.

10. Hyperlinks to and from Third-Party Sites

The Affirm Financial website contains various links to third party web sites. These links are provided solely for your convenience and Affirm Financial does not endorse such websites or the products or services offered by any such websites. You should always review the Terms of Use, Privacy Policy, and any other agreements contained on any such third-party site before acquiring any product or service from them, or providing any personal information. You acknowledge and agree that Affirm Financial will not be held responsible nor liable for any losses or damages whatsoever that you may suffer resulting from the use of any third party website or any product or service offered thereon.
In the absence of our express prior written consent, you may not create any link to the Affirm Financial website.

11. Termination

Affirm Financial reserves the right, in its sole and absolute discretion and at any time with or without reasonable notice to you, to terminate your access to all or any part of the Affirm Financial website, without any liability to you or any other person.

12. Indemnification

You agree to reimburse Affirm Financial, its directors, officers, partners, agents, employees and service providers (collectively, “Indemnities” and each an “Indemnity”) for all losses, damages, and costs, including but not limited to reasonable legal counsel fees arising in relation to any breach by you of these Terms of Use and/or your use or misuse of the Affirm Financial website or any content.

13. Governing Law

These Terms of Use, including the Privacy Policy incorporated herein, your access to and use of the Affirm Financial website is to be interpreted and governed by the laws of Ontario, and the applicable laws of Canada therein. The courts located in the Province of Ontario, and Canada will have exclusive jurisdiction to hear and decide any and all disputes arising under these Terms of Use (including the Privacy Policy), or otherwise arising in relation to the Affirm Financial website and/or any content, product or service available on the Affirm Financial website and to you.

14. Severability

Unless otherwise specified in these Terms of Use, this document constitutes the entire Acceptance between you and Affirm Financial with respect to the Affirm Financial website and supersedes all prior or communications and acceptances (whether oral, written, or electronic) between you and Affirm Financial with respect to the Affirm Financial website. If any or part of these Terms of Use is held invalid or unenforceable, the remainder of these Terms of Use will remain in full force and effect.

15. Waiver

Any failure on behalf of Affirm Financial to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of that right or provision.

16. Copyright and Trademark Information

Affirm, Affirm Financial and the Affirm Financial logo are trademarks, service marks and trade names owned or licensed by Affirm Financial. Other product and company names and logos appearing on the Affirm Financial website from time to time, including those of People’s Trust, Mastercard® , may be registered or unregistered trademarks, service marks, trade names and logos of Affirm Financial or their respective owners. Any use of the trademarks, service marks, trade names or logos displayed on the Affirm Financial website except as expressly provided in this Acceptance, is strictly prohibited. Nothing appearing on the Affirm Financial website or elsewhere will be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any Trademarks.

If you have reason to believe that material in which you hold copyright is visible on the Affirm Financial website without your express consent, please contact us immediately at:

Affirm Financial Services Inc.
P.O. Box 53
Station B
London, ON N6A 4V3
CANADA

Please provide all necessary details of where the material is visible, together with a detailed description of the material, as well as your name and contact information and any other information as is reasonably necessary to allow us to determine whether the content in question infringes.

17. Ownership of Software

Affirm Financial (or a third-party) owns any and all software or device(s) Affirm Financial has supplied to you for purposes of enabling access to the Affirm Financial website, and you use same under a non-exclusive, non-assignable license, solely for the intended purpose. Affirm Financial may demand their return at any time without prior notice and you will submit promptly, without retaining any copies.

18. Availability of Affirm Financial website, Products and Services

The Affirm Financial website is visible across the World Wide Web and is therefore viewed outside the home jurisdiction of Affirm Financial. While you may view the Affirm Financial website from your jurisdiction, this does not infer that the products or services described on the Affirm Financial website are now, or will in the future be, available in your jurisdiction.

MY AFFIRM CARD Account Information Service

To access and use MY AFFIRM CARD service you will need an Internet-ready computer equipped with Microsoft Internet Explorer (version 4.0 or higher for both Windows and Macintosh operating systems), or Netscape Navigator (version 4.0 or higher for both Windows and Macintosh operating systems). Your browser must also support 128-bit encryption and be JavaScript enabled. You will be able to access MY AFFIRM CARD service only if you have agreed to the Terms of Use and by registering to and using MY AFFIRM CARD service, you acknowledge having read and understood, and agree to abide by these Terms of Use. If you do not agree to abide by these Terms of Use, you may not register or use MY AFFIRM CARD service. To ensure successful sign in to this service, all the information you provide to us must be accurate, complete and current. By submitting the login information, you are authorizing us to verify any of the information you provide. Verification of your identity may be achieved through the use of third-party services.

You are solely responsible for the equipment you use to access this service. We are not responsible for errors or delays or your inability to access this service caused by your equipment.