Terms and Conditions
TERMS AND CONDITIONS FOR USING THE WWW.POWERLEND.COM SITE OPERATED BY POWERLEND ENTERPRISES INC.
www.powerlend.com (the “Website”) is a website exploited by PowerLend Enterprises Inc. (the “Company”).
Through the Website, the Company provides the possibility to the User (the “User”) to apply for loan financing, uploading project information in order to receive a quote for a loan if the project and User are eligible (the “Services”).
The use of the Website, the Services and the business relationship between the Company and the User are subject to the following terms and conditions (the “Terms and Conditions”). By accessing and then using the Website, the User agrees to be bound by the Terms and Conditions as well as any other policies related to the operation of the Website.
1. CONFIDENTIALITY POLICY
One of the Company’s major priorities is to protect the privacy of the Users. The collection, storage, use and communication of personal information on the Website and by e-mail are undertaken in accordance with the applicable laws in the province of British Columbia, Canada.
The following information is collected, stored, used or communicated by the Company when Users visit the Website site, as the case may be.
1.1. Information collected through browsing
The Company may collect or use information using technological means making it possible to identify a visitor’s electronic environment components. This identification process makes it possible to help Users navigate through the site or to obtain certain statistics for improving the site. The Company may therefore collect the following information:
1.1.1. IP address
When Users connect to the Website, their IP address may be sent to the Company’s server so that it can perform the requested operation;
1.1.2. Type of browser and operating system
The User’s type of browser and operating system can be sent by the User’s computer to the Company’s server in order to enable access to the site;
1.1.3. Site browsing information
The date and time when Users accessed the site, the pages they visited and the address of the site used to access the Website may also constitute information collected by the Company;
This information, sent automatically by the computers, does not identify the User personally and no examination of information collected by the Company will be performed for that specific purpose.
1.2. Information collected upon User registration
In order to be able to participate in the loan application, the User must create its own customer profile. In order to do so, the User will have to communicate various pieces of personal information to the Company, including for example their name, address, telephone number, email address and website. Such information is collected and conserved 1) to enable the Company to provide the Services to the User and 2) to enable the Company to inform the User of recent developments regarding the Website or promotions.
The User also agrees in advance that the Company may disclose any personal information to any third party bound by confidentiality obligations in the context of any due diligence conducted by the third party in question.
1.3. Use of security-logging tables (cookies)
The Company may use security-logging tables. These “cookies” will be installed temporarily in the User’s computer and will disappear after one (1) month of inactivity.
1.4. Access and storage of the collected data
Personal information collected by the Company or provided by the User may be stored by the Company for an undetermined period of time or until the User requests it be destroyed. The Company is under no obligation to store collected personal information for a minimum period of time and may destroy it at its convenience. Any personal information collected will be used only for the purposes specified in the present Terms and Conditions and in order to exploit the Website and provide the Services to the User in an appropriate way.
1.5. Links to other sites
The Website may contain hypertext links to other websites. Users understand that when they access such external websites, their personal and confidential information is no longer subject to the present Terms and Conditions and that they are responsible for reading the terms and conditions applicable to these other websites.
Consequently, the Company declines all responsibility regarding the collection, use, communication and storage of personal information collected through external websites accessed by the User using a hypertext link located on the Website.
2. CAPACITY TO CONTRACT / REGISTRATION / EXCLUSION
2.1. Capacity to contract
In order to place a project on the Website, the User must be 18 years old and at least the age of majority under applicable laws of the country, province/state, territory, city or other jurisdiction (each, a “Jurisdiction”) of the User’s residence. Therefore, by accepting the present Terms and Conditions, the Users declares that he/she is over 18 years of age and that he/she has the legal capacity to contract.
2.2. Non-intervention policy
The Company undertakes to not interfere with the project-posting portion of the Services in any way.
The Company reserves its right, without being obligated, to proceed in monitoring, verification, interception, and disclosure of User activities, in order to conform to laws and regulations, facilitate cooperation with authorities and insure the respect of the Terms and Conditions. The User acknowledges that their activities on the Website may be subject to these practices and consents to them.
For registration, the User shall provide a postal address in Canada or United States of America. Registration using post office boxes or equivalent is not permitted. Moreover, only one User registration per business location is permitted.
The User shall keep the password chosen during the registration process secret. The User is responsible for all the activities, which are undertaken from their User account.
The User shall provide precise, right and valid information concerning them. Any false, inaccurate or misleading information will be considered as a breach of the present Terms and Conditions.
The User covenants to only exercise legal activities on the Website and to respect the current applicable laws.
The User also covenants to use the Website or the Services without interfering with the usual operations or the appropriate work of the Website.
The Company reserves its right to suspend temporarily or to exclude definitively the User from the Website without notice. The account of this User will be disabled temporarily or definitively closed.
Furthermore, the Company reserves the right, at its sole discretion, to limit the number of bids that a User may make or the number of auctions in which a User may participate.
3. HOW A QUOTE APPLICATION WORKS
A person or company looking to receive a loan quote will create a profile by filling out their address, business, contact information, and project specifics such as project type, amount to be loaned, project location, energy offtaker and how much money they are putting down (the “Profile”). The Company will then review the Profile and contact the User directly to find out further project information and provide a loan quote if the project is eligible.
4. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
In accepting to be bound by the present Terms and Conditions or simply by browsing the Website, the User releases the Company, its directors, managers, shareholders, employees, agents, representatives, successors and beneficiaries from any liability for any damages suffered in connection with use of the Website or the Services. The User accepts explicitly and irrevocably and understands that the Services provided by the Company are provided as is, without any guarantee, including no guarantee of quality, as the case may be.
For more certainty, Users acknowledge that they have read this section and agree to abide by them.
4.1. Use of the Website.
The information provided on the Website is offered for informational purposes only and the Company does not offer any guarantee of reliability or accuracy of the site’s contents, including statements made by any person employed by the Company, by any means, including but not limited to financing advice. Moreover, the Company does not offer any guarantee regarding the accuracy and content of statements made by third parties on the Website. The User is solely responsible for decisions made and actions taken after reviewing the information available on the Website. The Company is not responsible for any actions taken due to it by a User or another person having read or followed such information.
The Company, its subsidiaries or its employees will take due care under the circumstances to make sure of the exactness of the information supplied on the Services and posted on the Website, but do not warrant that this information is accurate, complete or current.
Hypertext links to other sites enable Users to obtain more information regarding various subjects presented on the Website. However, when Users go to a different site through the hypertext links, they will find themselves outside the Website and the Company is in no way responsible for the information and various products and services offered on these sites due to the sole fact that it has provided the corresponding hyperlinks.
The Company, its affiliates and its employees will take due care under the circumstances to insure the usual operations and the appropriate work of the Website and the Services and to avoid any technical problems. They do not warrant that the Website or Services will be exempted from any failure of performance, error, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, server failure, theft or destruction or unauthorized access, alteration or use of record or under any other cause of action.
The User acknowledges that the Company is not liable for action, defamatory or illegal conduct of other Users or third-parties on the Website and undertakes to keep the Company’s harmless and indemnified from any claim arising from such action or conduct.
Any special promotions announced on the Website shall be valid only according to the conditions and the times applicable and indicated, as the case maybe, to each of these promotions.
4.2. Completed Projects from the Website.
The Company shall not be liable for personal injury and property damage resulting from the improper installation by the User, or any other person following the acceptance of a loan. In no event shall the Company be liable to the User or any person for any damages.
5. SYSTEM OUTAGE
The Company provides no guarantee of the uninterrupted availability of its website and technical systems.
6. INTELLECTUAL PROPERTY OWNERSHIP
The Company owns and retains all intellectual property rights in the Website, its logos and design marks. All other intellectual property rights appearing on the Website are the property of their respective owners. Access and use of the Website and its services does not grant any right or license to the User on all material protected by intellectual property rights (For example: copyright material, trademarks, trade names, logos, images, patents).
The Terms and Conditions, all activities of the Website, all claims or suits pertaining or relative to the present Terms and Conditions shall be governed by the laws applicable in the Province of British Columbia, Canada. Any legal action or proceeding related to the Website shall elect in the judicial district of Vancouver, province of British Columbia, Canada.
The contract between the Company and User is binding on the parties and their respective successors and assigns. The contract cannot be transferred, assigned or otherwise disposed of without the Company’s prior written consent.
The Company has the right to revise and amend these Terms and Conditions from time to time in its absolute discretion.
All Users will be subject to the policies and Terms and Conditions in force at the time that they have submitted a Profile on the Website. Unless any change to such policies or Terms and Conditions is required to be made by law or governmental authority, the Company will notify its Users of the changes to such policies or Terms and Condition before the Company sends information relating to the loan quote.
www.powerlend.com (the “Website”) is a website operated by PowerLend Enterprises Inc. (the “Company”).
You can browse our sites without telling us who you are or revealing any personal information about yourself. Once you give us your personal information, you are not anonymous to us. If you choose to provide us with personal information, you consent to the transfer and storage of that information on our servers located in the United States.
We may collect and store the following personal information:
• email address, physical contact information, and (depending on the service used) sometimes financial information;
• transactional information based on your activities on the sites (such as posting projects, accepting loans, repaying loans, items and content you generate or that relates to your account);
• community discussions, chats, dispute resolution, correspondence through our sites, and correspondence sent to us;
• other information from your interaction with our sites, services, content and advertising, including computer and connection information, statistics on page views, traffic to and from the sites, ad data, IP address and standard web log information;
• additional information we ask you to submit to authenticate yourself or if we believe you are violating site policies (for example, we may ask you to send us an ID or bill to verify your address, or to answer additional questions online to help verify your identity or ownership of a project you list);
• information from other companies, such as demographic and navigation data; and
• other supplemental information from third parties (for example, if you incur a debt to the Company, we may conduct a credit check by obtaining additional information about you from a credit bureau, as permitted by law).
We don’t sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We may combine your information with information we collect from other companies and use it to improve and personalize our services, content and advertising.
Our primary purpose in collecting personal information is to provide you with a safe, smooth, efficient, and customized experience. You agree that we may use your personal information to:
• provide the services and customer support you request;
• resolve disputes, collect fees, and troubleshoot problems;
• prevent potentially prohibited or illegal activities, and enforce our Terms and Conditions;
• customize, measure and improve our services, content and advertising;
• tell you about our services, service updates, and promotional offers based on your communication preferences; and
• compare information for accuracy, and verify it with third parties.
Our Disclosure of Your Information
We may disclose personal information to respond to legal requirements, enforce our policies, respond to claims that an auction or other content violates the rights of others, or protect anyone’s rights, property, or safety. Such information will be disclosed in accordance with applicable laws and regulations.
We may also share your personal information with:
• Service providers under contract who help with our business operations (such as credit processing and, bill collection).
• Other third parties to whom you explicitly ask us to send your information (or about whom you are otherwise explicitly notified and consent to when using a specific service).
• Law enforcement or other governmental officials, in response to a verified request relating to a criminal investigation or alleged illegal activity. In such events, we will disclose information relevant to the investigation, such as name, city, state, postal code, telephone number, email address, User ID history, IP address, fraud complaints, and bidding and listing history.
• Without limiting the above, in an effort to respect your privacy and our ability to keep the community free from bad actors, we will not otherwise disclose your personal information to law enforcement, other government officials, or other third parties without a subpoena, court order or substantially similar legal procedure, except when we believe in good faith that the disclosure of information is necessary to prevent imminent physical harm or financial loss or to report suspected illegal activity.
If you access our sites from a shared computer or a computer in an internet café, certain information about you, such as your User ID, activity or reminders from the Company, may also be visible to other individuals who use the computer after you.
Using Information from the Website
The Company enables you to share personal information to complete transactions. To help protect your privacy, we allow only limited access to other users’ contact, and address information to facilitate your transactions. When users are involved in a transaction, they may have access to each other’s name, email address and other contact information. In all cases, you must comply with data protection laws, and give other users a chance to remove themselves from your database and a chance to review what information you have collected about them.
You agree to use user information only for:
• Company transaction-related purposes that are not unsolicited commercial messages;
• using services offered through the Company, or
• other purposes that a user expressly chooses.
We use “cookies” (small files placed on your hard drive) on certain pages to help analyze our web page flow; customize our services, content and advertising; measure promotional effectiveness, and promote trust and safety.
A few important things you should know about cookies are that:
• Most cookies are “session cookies,” meaning that they are automatically deleted from your hard drive at the end of a session.
• You are always free to decline our cookies if your browser permits, although doing so may interfere with your use of some of our sites or services.
• You may encounter cookies from third parties on certain pages of the sites that we do not control. (For example, if you view a web page created by another user, there may be a cookie placed by that web page.)
No Spam, Spyware or Spoofing
We and our users do not tolerate spam. You are not licensed to add other Company users to your mailing list (email or physical mail) without their express consent. To report Company-related spam or spoof emails please forward the email to firstname.lastname@example.org. You may not use our communication tools to send spam or otherwise send content that would violate our Terms and Conditions.
Your password is the key to your account. Use unique numbers, letters and special characters, and do not disclose your Website password to anyone. If you do share your password or your personal information with others, remember that you are responsible for all actions taken in the name of your account. If you lose control of your password, you may lose substantial control over your personal information and may be subject to legally binding actions taken on your behalf. Therefore, if your password has been compromised for any reason, you should immediately notify the Company and change your password.
Accessing, Reviewing and Changing Your Personal Information
You can see, review and change most of your personal information by signing on to the Website. Generally, we will not manually modify your personal information because it is very difficult to verify your identity remotely. You must promptly update your personal information if it changes or is inaccurate. Once you create a public project you may not be able to change or remove it. Upon your request, we will close your account and remove your personal information from view as soon as reasonably possible, based on your account activity and in accordance with applicable law. We do retain personal information from closed projects to comply with law, prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigations, enforce our Terms and Conditions, and take other actions otherwise permitted by law.
Your information is stored on our servers located in the United States. We treat data as an asset that must be protected and use lots of tools (encryption, passwords, etc.) to protect your personal information against unauthorized access and disclosure. However, as you probably know, third parties may unlawfully intercept or access transmissions or private communications, and other users may abuse or misuse your personal information that they collect from the site. Therefore, although we work very hard to protect your privacy, we do not promise, and you should not expect, that your personal information or private communications will always remain private.
If your questions are not answered online, you may write to us at Powerlend, #303 – 210 Carrall Street, Vancouver BC, Canada, V6B 2J1, or use the Contact Us form.