Terms and Conditions of Use

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OUR WEBSITE AND ANY OF ITS PAGES (COLLECTIVELY, “LOTTOLEND.CA” OR “WEBSITE” OR “SITE”), YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF USE STATED BELOW. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OF USE, YOU MUST LEAVE THE WEBSITE NOW. IF AT ANY TIME YOU DO NOT AGREE WITH ANY OF THESE TERMS AND CONDITIONS OF USE, YOU MUST IMMEDIATELY CEASE YOUR USE OF THE WEBSITE.

1.0 Changes to terms of use and related policies

We reserve the right, in our sole discretion, to modify, alter or otherwise update these terms and conditions at any time without further notice and you agree to be bound by such modifications, alterations or updates, which shall be effective immediately upon being posted on the Site. Please check these terms and conditions periodically for any changes. Your continued use of the Site following posting of the changes will indicate your acceptance of such modified terms and conditions.

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2.0 Indemnity

By accessing the Site, you agree to indemnify and hold harmless Networthy Inc., (“Networthy”), operating as “LottoLend”, suppliers and their respective directors, officers and employees from and against any and all actions, proceedings, costs, claims, liabilities, damages and expenses (including reasonable legal fees) arising from or in connection with a breach of these terms and conditions or the use or misuse of the Site.

3.0 Acceptance and participation

The content of the Site is published by Networthy Inc. (“Networthy”), operating as “LottoLend”, a Canadian corporation.

The Site is only intended to provide you with general information and is neither an offer to sell nor a solicitation of an offer.

Information on the Site is not intended to provide legal, accounting, financial or tax advice or other professional advice, and should not be relied upon in that regard.

Except to the extent prohibited by law, the Site is provided on an “as is” and “as available” basis, without any representations, warranties or conditions of any kind, whether expressed or implied, and including without limitation implied representations, warranties or conditions of title, non-infringement, merchantability, fitness for a particular purpose, performance, durability, availability, timeliness, accuracy, reliability or completeness, all of which are hereby disclaimed by Networthy to the fullest extent permitted by applicable law.

Every effort has been made to ensure that the material contained on the Site is accurate at the time of publication, but you expressly agree that use of the Site is at your sole risk and that it is your responsibility to evaluate the accuracy, completeness and usefulness of all information provided through the Site.

To the fullest extent permitted by applicable laws, Networthy will not under any circumstances be liable to you or any other person in any way in contract, tort (including negligence), civil liability or otherwise for any loss or damages (whether direct, indirect, special, economic, incidental, consequential, punitive or exemplary, including without limitation loss of revenue, data, anticipated profits or lost business) in respect of use of, or inability to use, or any reliance on, the Site, any of its content or links (including without limitation any inaccuracies or viruses), or any web browser or other equipment or as a result of any unauthorized access to the Site or any data breach involving the Site.

Your use of the Site will be in compliance with all applicable laws. You will not: Use the Site for illegal purposes; Intentionally interfere with or damage the operation of the Site or any other users’ enjoyment of it, by any means, including uploading or otherwise disseminating viruses, spyware, worms or other malicious code or file with contaminating or destructive features.

4.0 Intellectual property

Networthy and LottoLend are trademarks of Networthy Inc. The product logos or wordmarks appearing on www.lottolend.ca or within the LottoLend application are used to identify products and services purchased only and the rights to such trademarks are owned by the applicable vendor. Networthy does not claim any affiliation with the brands, products or services listed for information on the site.

The contents of the Site are protected by applicable copyright and trademark laws. Unauthorized use or exploitation of such content is strictly prohibited including without limitation, unauthorized downloading, retransmission, storage in any medium, copying, redistribution, reproduction, or republication of the Site, or any part thereof, for any purpose.

Other sites accessed by hypertext appearing in the Site may have been independently developed by parties other than Networthy. Networthy does not guarantee the accuracy, integrity or quality of information contained in such other sites. Your use of such other sites is subject to the terms and conditions of use and the privacy policies contained within such other sites.

Links to other sites are provided for your convenience only. Networthy does not control such other sites and is not responsible or liable in any way for their content. Networthy’s inclusion of links to such other sites should not be taken as Networthy’s endorsement or approval of such other sites, their content, the third parties named therein, or their products and services, nor is any liability assumed for incompatibility, non-suitability, viral infection or other destructive/disruptive components on or from such other sites.

5.0 Promotions and marketing

Networthy may provide you with marketing or promotional materials through the Site. Networthy may have arrangements in place in connection with any such marketing or promotional materials where we may be entitled to receive a referral or other fees from third parties. Please refer to Networthy’s privacy policy for more information on our use and protection of your personal information.

Links to the Site without the express written permission of Networthy are strictly prohibited. To request permission, please contact support@lottolend.ca. The framing, mirroring, scraping or data-mining of the Site or any of its content in any form and by any method is strictly prohibited.

6.0 No warranties

Networthy cannot guarantee complete confidentiality or security for information that is transmitted electronically. By accessing the Site, you acknowledge that Networthy is not responsible for any damages or losses you may suffer as a result of your electronic transmission of confidential or sensitive information to us. Please refer to Networthy’s privacy policy for more information.

No consent or waiver by either party to, or of any breach or default by, the other party in its performance of its obligations under these terms and conditions of use will be deemed or construed to be a consent to, or a waiver of, a continuing breach or default or any other breach or default of those or any other obligations of that party. No consent or waiver will be effective unless in writing.

If any provision of these terms and conditions or part thereof is found by a court of competent jurisdiction to be unlawful, void, or for any reason unenforceable, then that provision or part thereof shall be deemed to be severed from the rest of these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.

7.0 Arbitration

These terms and conditions are governed by the laws of Canada applicable therein, excluding any conflict of laws which would lead to the application of any other laws.
By accessing the Site, you hereby irrevocably submit and attorn to the federal courts located in the City of Calgary, Alberta for any disputes or matters arising from, connected with, or relating to the Site, these terms and conditions of use or any related matters.

8.0 Limitation of liability

YOUR USE OF THE CONTENT IS AT YOUR OWN RISK. NETWORTHY AND SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO, USE OF OR RELIANCE ON THE CONTENT OR THAT ARISE IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION OR DELIVERY, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORISED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, PROGRAMS OR FILES, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE WEBSITE OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORISED ACCESS TO THE WEBSITE OR THE CONTENT. THIS LIMITATION OF LIABILITY MAY BE DIFFERENT IN CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES OFFERED BY NETWORTHY. OPERATING AS LOTTOLEND AND ITS SUBSIDIARY WEBSITES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THIS LIMITATION MAY NOT APPLY TO YOU.

9.0 Geographic restrictions

We provide the Site for use only by persons located in Canada. We make no claims that the Site or any of its content is accessible or appropriate outside of Canada. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside Canada, you do so on your own initiative and are responsible for compliance with local laws.

10.0 Referral Program

Terms and Conditions of The LottoLend Referral Program

Under The LottoLend Referral Program (the “Referral Program”), customers of Networthy Inc. operating as LottoLend (“LottoLend”), who qualify for the Referral Program, will be referred to as "Referrers", are invited to earn cash rewards (as defined below) by inviting first-time customers ("Referees") to participate in the Program, as well as earn credit in the form of cash rewards (as defined below). The Referrer and the Referee, by participating in the Referral Program, are agreeing to the Terms and Conditions.

LottoLend Referrer

Any legal Canadian resident with a Canadian bank account and operational email.

Referral code

To refer a Referee to the Referral Program, the Referrer shares the referral code provided to them in an email from LottoLend when they were approved for their first loan, or when they requested it on the site.

The Referrer understands and agrees that by sharing the code with the Referee, the Referrer is sharing their own personal information with the Referee.

LottoLend Referee

To participate in the Referral Program, the Referee must use the Referral code sent by the Referrer to apply and qualify for an eligible LottoLend product, enter into an agreement with LottoLend for the LottoLend product (the “Loan”), and fully repay the Loan in accordance with the terms of the Loan. Notwithstanding the foregoing, the Referee must be a resident of a province in which a LottoLend Product is offered and be aged 18 or older, if they are a resident of Alberta. The Referee must also be a first-time client who has never used the LottoLend product before.

Without limitations to any other agreement(s) between the Referee and LottoLend, the Referee understands and agrees, that by participating in the Referral Program, LottoLend collects, uses and discloses certain personal information about the Referee for the purposes of administering the Referral Program. For example, LottoLend collects and uses information about the Referee’s use of the Referral code. Furthermore, while LottoLend does not disclose personally identifying information about the Referee to the Referrer, the Referrer may be able to infer certain information, such as whether the Referee is participating in the Referral Program or has fully repaid a Loan.

11.0 Cash Reward

Once the Referee fully repays the Loan in accordance with the terms of the Loan, and LottoLend has confirmed as such, the Referrer shall earn a cash reward (“cash reward”) and the Referee shall earn a cash reward (“cash reward”). If the Referee fails to repay the Loan in accordance with the terms of the Loan (such as by making late payments), the Referrer’s and the Referee’s eligibility to receive the cash rewards shall immediately be deemed null and void. The amount of the cash reward is subject to change periodically, may vary dependent upon city and province and is subject to the sole discretion of LottoLend. LottoLend reserves the rights to modify the value of the cash reward without any prior notice. The status of the cash reward shall be “Pending” until the Loan is fully repaid by the Referee in accordance with the terms of the Loan. Once the Loan is fully repaid, the cash rewards will automatically be sent to the referrer and referee via bank transfer.

The Referrer will only have and be able to use one code at a time. The code can be shared with and used by any number of eligible recipients.

The Referrer and the Referee each understand and agree that there could be a delay between the Referee's Loan being fully repaid and the cash reward payments due to factors such as: the time required for the processing of payments, such as during non-business days, bank holidays, technical or system delays.

If the Referrer or the Referee is in violation of any of the provisions of these Terms and Conditions, the Referrer may not be able to participate in the Referral Program or any other LottoLend reward program (current or future), which may also result in the forfeiture or retraction of any LottoLend credits, money, or other rewards earned through the Referral Program and even the deactivation of the Referrer’s or the Referee’s LottoLend account.

If the Referrer’s or the Referee’s primary bank account or email linked to their primary bank account becomes dormant, inactive, closed or written-off, LottoLend reserves the right to withdraw or annul any available cash rewards. The Referrer and the Referee are responsible for ensuring their bank account and email are current and available to receive the cash reward.

The value of the cash reward may be considered taxable income. The Referrer and the Referee are each responsible for any federal or provincial taxes accrued from the Referral Program. The Referrer and Referee should consult a professional if any questions regarding the taxation of the cash reward arise.

By participating in the Referral Program, the Referrer and the Referee consent to receive emails at the email address provided for the purpose of participating in the Referral Program. If the Referrer or the Referee opt out of receiving emails from LottoLend, said party may not receive notifications related to their Referral Program cash prize. If any of the parties involved request the cessation of all e-mail communications from LottoLend, irrespective of the reason, LottoLend is not responsible for any loss or damages incurred, in relation to the Referral Program or otherwise, as a result. Similarly, if any party’s email service provider's system classifies the Referral Program related communications as 'spam' or 'junk', LottoLend is not responsible for any loss or damages incurred, in relation to the Referral Program or otherwise.

12.0 Severability

In the event any provision or part of the Terms and Conditions is found to be invalid or unenforceable, only that particular provision or part found as such, and not the entirety of the Terms and Conditions, shall be considered inoperative.

13.0 Termination and change

LottoLend may suspend or terminate the Referral Program or the Referrer’s or Referee’s ability to participate in the Referral Program at any time for any reason. LottoLend reserves the right to suspend accounts or remove Referrer cash rewards if LottoLend notices any activity that is deemed fraudulent or harmful. LottoLend reserves the right to review and investigate all Referral Activities, and to suspend accounts or modify Referral as deemed fair and just.

14.0 Update to the terms

LottoLend reserves the right to update the Terms at any time without prior notice. If the Terms are modified, the modification will be published on LottoLend’s website, and is effective upon publication. Continued participation in the Referral Program after its modification shall constitute consent to such modification.

By participating in this Program, the Referrers and the Referees agree to be bound by these Terms and consent to LottoLend’s: (and its agents and/or representatives) collection, usage and the sharing of the personal information the Referrers and the Referees submitted in order to participate in this Program and in accordance with LottoLend’s Privacy Policy.

15.0 General provisions

Except where prohibited, the Referrer and the Referee agree that: (1) any and all disputes, claims and causes of action arising out of or connected to the Referral Program shall be resolved individually, without resort to any form of class action, and exclusively in the Province of Alberta; (2) any and all claims, judgments and awards shall be limited to the actual out-of-pocket costs incurred, but in no event, legal fees; and, (3) under no circumstances will the Referrer or the Referee be permitted to obtain compensation for any such disputes, claims or causes of action arising out of or connected to the Referral Program, and the Referrer and the Referee hereby waive all rights to claim indirect, punitive, incidental, consequential damages or any other damages, other than those for actual out-of-pocket expenses; and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of the Terms and Conditions, or the rights and obligations of the Referrer, the Referee or LottoLend in connection with the Referral Program, shall be governed by, and construed in accordance with, the laws of the Province of Alberta.

16.0 Breaches of these terms of use

Breaches of these Terms and Conditions of Use will be dealt as follows:

• A formal warning will be sent.
• Your access will be suspended.
• Your computer will be blocked, using your IP address, from accessing the Website.
• Your Internet provider will be contacted and your access to the Website will be blocked.
• We will bring an action in court for breaches of contract.
• Any content that you may have generated will be deleted or blocked permanently.

17.0 Amendments and termination

These Terms are effective until terminated by us. We reserve the right to amend these Terms at any time without prior notice. Any amendments will be effective upon posting on our Website. You are responsible for reviewing the Terms periodically to stay informed of any changes. Your continued use of the Website or the Product after the effective date of any change will constitute your acceptance of such change. Access is not guaranteed or promised.

18.0 Severability

In the event any provision or part of the Terms is found to be invalid or unenforceable, only that particular provision or part found as such, and not the entirety of the Terms shall be considered inoperative.

19.0 Contact Information

If you have any questions or concerns about these Terms, please contact us at support@lottolend.ca

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