Legal
AvenaWise Terms of Use and Privacy Policy
Originally Adopted: June 1, 2025 Last Updated: May 10, 2026
This page presents the current Terms of Use and Privacy Policy for AvenaWise.
On this page
The website avenawise.ca (and avenawise.com, which redirects to avenawise.ca) and the online application available through it (collectively, the "Site") and the information they offer including any webpages, text, images, sounds, software, and other data or information contained in the Site (the "Content") are, as between the parties, owned and operated by Conseil Avenawise inc. ("Avenawise", "we", "our", and "us"). These Terms of Use (the "Terms") are a binding agreement that applies to your access to and use of the Site, your creation of an Avenawise account, your submission of an application through the Site, and your use of the matching service described herein. This document also constitutes the Avenawise Privacy Policy. By accessing or using the Site, you agree to both the Terms of Use and the privacy practices set out in Section 9 below.
1. Consent to These Terms
These Terms are a binding agreement between you and Avenawise. You must read these Terms and any information linked to or referenced in these Terms and accept these Terms before creating an account or otherwise using the Site. Your access to or other use of the Site, including reviewing any Content, creating an account, or submitting an application, constitutes your acceptance of and agreement to these Terms as most recently updated. If you do not agree to these Terms, you may not access or use the Site in any way. Loan agreements and related documents — including any money loan contract, solidarity agreement, acknowledgement of debt, and disbursement instructions — are separate contracts that you may be asked to enter into with a third-party lender partner and with Avenawise. These documents will be provided to you at the time of application or approval, and their terms will govern the loan and the relationship between you, the lender, and Avenawise. These Terms do not govern those agreements.
2. Updates to the Terms
Avenawise may, in its sole and absolute discretion, revise, modify, or update these Terms at any time, in accordance with applicable laws. Your continued use of the Site after any modification of these Terms constitutes your acceptance of and agreement with the Terms as updated. Where required by applicable law, you will be notified by email or other method at the contact information you have supplied if and when these Terms are updated. In the event that Avenawise wishes to amend any material clause of the Terms, we will send you a written notice detailing the changes to be made.
3. About Avenawise
Avenawise operates an online service designed to help eligible individuals access short-term personal financing they may not otherwise qualify for on their own. Through the Site, you may submit an application to be considered for a loan from one of Avenawise's third-party lender partners. Avenawise is not a lender. Avenawise does not hold a money lender's licence, does not issue loans, does not set the financial terms of any loan, does not advance loan funds, and does not service loan repayments. Lending decisions — including whether to approve or decline an application, the amount advanced, the interest rate, and the repayment schedule — are made independently by the third-party lender based on its own underwriting criteria and applicable law. Where a third-party lender agrees to extend financing to a borrower, Avenawise may, in its sole discretion, agree to act as a co-borrower on the loan. In that capacity, Avenawise becomes jointly and severally liable with the borrower for the obligations owed to the lender under the loan, subject to the terms of separate agreements entered into between the borrower, the lender, and Avenawise. The full terms of Avenawise's role as co-borrower — including the rights and obligations of each party — are governed by the loan contract, the solidarity agreement, the acknowledgement of debt, and any other documents you sign at the time of approval. You should review all loan documents carefully before signing. Your use of the Site, including the submission of an application, does not guarantee that you will be approved for a loan or that Avenawise will agree to act as co-borrower. Avenawise makes no representation or warranty regarding the availability, terms, or cost of any financing that may be offered to you.
4. Eligibility
The Site is intended for access and use by residents of Canada who have reached the age of majority in their province or territory of residence. By creating an account or submitting an application, you represent and warrant that:
4.1. you are a resident of a Canadian province or territory;
4.2. you have reached the age of majority in your jurisdiction of residence;
4.3. you have the legal capacity to enter into binding contracts;
4.4. all information you provide to Avenawise is true, accurate, complete, and current; and
4.5. you are using the Site for personal, non-commercial purposes only. Avenawise makes no representation that the Site or its Content is appropriate or available for access or use outside of Canada. If you access the Site from outside Canada, you do so on your own initiative and are responsible for compliance with the applicable laws of any jurisdiction from which you access the Site.
5. Use of the Site
5.1. License. Avenawise grants you a personal, limited, revocable, non-transferable, non-assignable, and non-exclusive license to access, use, read, and print the Content of the Site for your personal, non-commercial, and not-for-profit use only. Your use of the Site does not transfer to you any ownership or other rights in the Site or its Content. You may use the Site only in the manner expressly described in these Terms and in accordance with all applicable laws. Using the Site for any other purpose or in any other manner is strictly prohibited.
5.2. Account Creation. To submit an application or access certain features of the Site, you must create an Avenawise account. When creating an account, you agree to provide truthful, accurate, complete, and current information, and to promptly update your account information to ensure it remains accurate.
5.3. Account Confidentiality. You are responsible for maintaining the confidentiality of your account, including your username, password, and any other security credentials. You are responsible for all activities that occur under your account. You must not disclose your password, username, or other security information to any other person or entity. You must exercise caution when accessing your account from a public or shared computer so that others are not able to view or record your credentials. You agree to:
(i) immediately notify Avenawise of any unauthorized use of your account or any other breach of security;
(ii) exit from your account at the end of each session; and
(iii) take all reasonable measures to safeguard your credentials, including changing your password promptly if compromise is suspected. You must always choose a unique and secure password that is hard to guess, even for people who know you well.
5.4. One Account Per Person. You may not create or maintain more than one Avenawise account without our prior written permission. We reserve the right to suspend or terminate duplicate accounts at our sole discretion.
6. Applications and the Co-Borrowing Service
6.1. What We Do. The Site allows you to submit an online application containing information about your identity, employment, banking, and personal financial situation. Avenawise reviews application information and, where in our sole discretion the information appears suitable, transmits the application to one or more third-party lender partners for their independent consideration. Where a lender agrees to extend financing, Avenawise may, in its sole discretion, agree to act as a co-borrower on the loan, jointly and severally liable with you for the loan obligations to the lender. Where a lender accepts the application, the lender (and, where applicable, Avenawise as co-borrower) will provide you with the loan documents and arrange disbursement.
6.2. Application Information. By submitting an application, you confirm that all information provided is true, accurate, and complete to the best of your knowledge. You acknowledge that the information will be used to assess your suitability for financing and for Avenawise's decision whether to act as co-borrower, and that providing false, fraudulent, or misleading information may result in rejection of your application, termination of your account, and other legal consequences.
6.3. No Guarantee of Approval or Co-Borrowing. Avenawise does not guarantee that any application will result in a loan offer or that Avenawise will agree to act as co-borrower. All lending decisions are made by third-party lenders in their sole discretion. All decisions by Avenawise to act as co-borrower are made in Avenawise's sole discretion. Loan terms, including the amount advanced, the interest rate, and the repayment schedule, are set by the lender and not by Avenawise.
6.4. Loan Documentation. If you are approved for financing and Avenawise agrees to act as co-borrower, you will be presented with a set of loan documents, which may include: (i) a money loan contract between you, Avenawise, and the lender; (ii) a solidarity agreement between you and Avenawise; (iii) an acknowledgement of debt between you and Avenawise; and (iv) disbursement instructions. You should read all loan documents carefully before signing. The terms of those documents — and not these Terms — will govern the loan and your obligations under it. Among other things, those documents will set out the cost of credit, the repayment schedule, the rights and remedies of each party, the consequences of default, and any applicable cancellation rights.
6.5. Independent Lender Relationship. The third-party lender that issues the loan is an independent business operating under its own licence and applicable law. The lender's own terms, privacy practices, and disclosures will govern its relationship with you outside of the loan documentation. Avenawise is not responsible for the lender's conduct outside the scope of the loan documents, and is not a party to disputes between you and the lender concerning matters outside that scope.
7. Prohibited Use of the Site
You may not use the Site or any Content for any unlawful or unsafe purpose. Without limiting the generality of the foregoing, you agree that you will not:
7.1. violate any applicable laws, any third-party rights, or our policies;
7.2. access or use the Site if you have not reached the age of majority in your jurisdiction of residence or are otherwise unable to form legally binding contracts;
7.3. access or use the Site in any manner that could damage, disable, overburden, or impair the Site, its systems, or its infrastructure;
7.4. interfere with the security of, or otherwise abuse, damage, disable, overburden, or impair the Site, or any system resources, accounts, servers, or networks connected to or accessible through the Site;
7.5. attempt to breach or breach the security or authentication measures of the Site;
7.6. distribute viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
7.7. use any robot, spider, scraper, or other automatic device to index, crawl, catalogue, mirror, frame, scrape, cache, or otherwise monitor or copy any portion of the Site or any Content;
7.8. modify, translate, reverse engineer, decompile, or disassemble the Site, the Content, or any part thereof;
7.9. attack the Site via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing, or crashing;
7.10. obtain unauthorized access to the Site or to portions of the Site that are restricted from general access;
7.11. copy, modify, or distribute Content from the Site, including Content subject to copyright or trademark rights;
7.12. submit false, fraudulent, or misleading information in any application or other submission through the Site;
7.13. submit an application on behalf of any other person without that person's express authorization;
7.14. harvest, scrape, or otherwise collect information about other users of the Site; or
7.15. attempt to complete any of the foregoing actions. Without limiting other recourse available under applicable law, we may limit, delay, suspend, or terminate your access to the Site, deny an application, or take other technical and legal steps if you are creating problems or possible legal liabilities, infringing the Intellectual Property Rights of Avenawise or third parties, or otherwise acting inconsistently with the letter or spirit of these Terms.
8. Communications and Consent
By creating an account, submitting information through the Site, or otherwise providing your contact information to Avenawise, you expressly consent to receive communications from Avenawise and its affiliates by email, SMS text message, automated and live telephone calls, and other electronic means. These communications may include:
(a) Service communications relating to your account, your application, the status of any matching, and any loan or service provided by us or our affiliates;
(b) Marketing communications regarding products and services offered by Avenawise, AvenaCredit, Ashford & Oake, and other Avena-affiliated entities, including credit-building services, financial products, promotional offers, and related content; and
(c) Communications from third-party lenders to whom your application is transmitted, in respect of your application or any resulting loan. You may withdraw your consent to receive marketing communications at any time by:
(i) following the unsubscribe instructions in any commercial email;
(ii) replying STOP to any SMS message; or
(iii) contacting us using the information in Section 17 below. Withdrawal of consent to marketing communications will not affect service communications relating to active applications, active loans, or other ongoing matters. Reasonable processing time, not exceeding ten (10) business days, may be required to give effect to your withdrawal of consent. This consent is provided in accordance with Canada's Anti-Spam Legislation ("CASL") and other applicable laws regarding electronic communications.
9. Privacy and Personal Information
This Section 9 describes how Avenawise collects, uses, discloses, and protects your personal information. By using the Site and providing your information to Avenawise, you consent to the practices described in this Section 9.
9.1. Information We Collect We collect the following categories of personal information:
(a) Identification information: full name, date of birth, residential address, government-issued identification numbers where required by law, Canadian residency status, and contact information including email address and telephone number;
(b) Employment information: employer name, employment status, pay frequency, pay dates, and length of employment;
(c) Financial and banking information: bank account details (including transit, institution, and account numbers), monthly income, monthly expenses, source of income, and information about existing financial obligations;
(d) Reference information: name and contact information of one or more personal references you provide;
(e) Communications information: records of your communications with us, including email, SMS, telephone, and chat communications;
(f) Technical information: IP address, browser type, device identifiers, operating system, referring website, pages visited, and similar information collected automatically when you access the Site.
9.2. How We Use Your Information We use your personal information for the following purposes:
(a) to provide, operate, and improve the Site and the matching service;
(b) to verify your identity and assess the information provided in your application;
(c) to match your application with one or more appropriate third-party lenders;
(d) to communicate with you regarding your account, your application, and any related services;
(e) to send you marketing communications regarding Avenawise, AvenaCredit, Ashford & Oake, and other Avena-affiliated entities and their respective products and services;
(f) to comply with applicable legal and regulatory obligations;
(g) to detect, prevent, and investigate fraud, security incidents, and other unlawful or prohibited activities;
(h) to enforce these Terms and our other agreements; and
(i) for other purposes for which you have provided your consent or as otherwise permitted or required by law.
9.3. Disclosure to Third-Party Lenders By submitting an application, you expressly consent to the disclosure of your application information, including all categories of personal information described in Section 9. 1, to one or more third-party lender partners for the purpose of assessing your application and potentially issuing a loan to you. Where Avenawise acts as co-borrower on a loan, you also expressly consent to the ongoing exchange of information between Avenawise and the lender for the purposes of administering the loan, monitoring repayment, communicating regarding the loan, and exercising rights or remedies under the loan documentation. Each lender to whom your information is disclosed will handle your information in accordance with its own privacy practices and applicable law.
9.4. Disclosure to Affiliated Entities You expressly consent to the sharing of your personal information with AvenaCredit, Ashford & Oake, and other entities affiliated with Avenawise (collectively, "Avena Affiliates"), for the purpose of offering you products, services, and marketing communications from those entities, d f l i b i i lli d i l A Affili i d and for analytics, business intelligence, and operational purposes. Avena Affiliates are required to handle your information in accordance with applicable privacy laws.
9.5. Disclosure to Service Providers We share your personal information with third-party service providers who perform services on our behalf, including hosting providers, payment processors, identity verification services, email and SMS delivery providers, customer support providers, fraud-prevention providers, and analytics providers. These service providers are contractually required to handle your information only for the purposes for which it was shared and in accordance with applicable privacy laws.
9.6. Other Disclosures We may disclose your personal information:
(a) to law enforcement, regulatory authorities, or other government agencies in response to a lawful request or as required by applicable law;
(b) to enforce or protect our legal rights or those of any third party, including in connection with debt collection or fraud investigation;
(c) in connection with the sale, merger, acquisition, financing, or reorganization of all or part of our business, in which case your information may be transferred to the successor entity; or
(d) with your consent or as otherwise permitted or required by applicable law.
9.7. Cookies and Tracking Technologies The Site uses cookies and similar tracking technologies to operate the Site, analyze usage, personalize your experience, and deliver advertising. We use both first-party and third-party cookies and pixels, including for analytics (e.g., Google Analytics) and advertising (e.g., Meta Pixel) purposes. You may disable cookies in your browser settings or opt out of certain tracking through your device or browser controls, but doing so may impair the functionality of the Site.
9.8. Retention We retain your personal information for as long as necessary to fulfill the purposes for which it was collected, including for legal, accounting, regulatory, or recordkeeping requirements. Generally, application and account information is retained for a minimum of seven (7) years following the closure of your account, in accordance with applicable financial recordkeeping requirements, after which we will securely dispose of or de-identify the information.
9.9. Security We use physical, electronic, and administrative safeguards designed to protect personal information from accidental loss and from unauthorized access, use, alteration, or disclosure. However, no method of transmission over the internet or method of electronic storage is fully secure, and we cannot guarantee absolute security. Electronic communications, including over the internet and through email, are not secure means of communication, and any transmission of information is at your own risk.
9.10. Your Rights Subject to applicable law, you have the right to access, correct, or request deletion of the personal information we hold about you. You may also withdraw your consent to certain uses of your information, subject to legal and contractual restrictions and reasonable notice. To exercise these rights, contact us using the information in Section 17 below. We may require verification of your identity before responding to your request.
9.11. Privacy Officer Avenawise has designated a Privacy Officer who is responsible for overseeing compliance with applicable privacy laws, including the Personal Information Protection and Electronic Documents Act (PIPEDA) and Quebec's Act respecting the protection of personal information in the private sector. Questions, complaints, or requests regarding our privacy practices, or regarding any personal information we hold about you, may be directed to the Privacy Officer at approbation@avenawise.com. You also have the right to file a complaint with the Commission d'accès à l'information du Québec, the Office of the Privacy Commissioner of Canada, or the privacy regulator in your province or territory of residence.
10. Intellectual Property Rights
10.1. Content and Intellectual Property Rights. The Site and all Content, including these Terms, and any rights, title, and interest in the Site and Content, are, as between the parties, solely owned by Avenawise. All rights reserved. The copyright for the Site and all Content is owned by or licensed to Avenawise and is protected under applicable law, including, without limitation, Canadian copyright legislation and applicable regulations, common law rights, and copyright laws in other jurisdictions. No Content may be reproduced, adapted, uploaded to a third party, linked to, framed, performed in public, distributed, or transmitted in any form by any process without the specific written consent of Avenawise, other than as expressly provided for in these Terms. Nothing on the Site shall be construed as conferring any transfer of rights to you of any intellectual property or other proprietary or exclusionary rights of Avenawise or any third party (collectively, "Intellectual Property Rights").
10.2. Trademarks. "Avenawise", "AvenaCredit", "Ashford & Oake", and any associated logos, design elements, and slogans are trademarks of Avenawise or its affiliates. Such trademarks, product names, company names, or logos may not be copied, imitated, or used, in whole or in part, without the prior written consent of Avenawise.
10.3. Reservation of Rights. All rights not expressly granted in these Terms are reserved by Avenawise.
11. User Content
11.1. The Site may allow you to submit, post, send, or upload files, documents, or other materials, including in connection with your application or in communications with us (collectively, "User Content"). You retain ownership of your User Content. By submitting User Content to Avenawise, you grant Avenawise a royalty-free, perpetual, non-exclusive, irrevocable, unrestricted, worldwide license to use, reproduce, store, adapt, translate, modify, make derivative works from, transmit, distribute, publicly perform, or display such User Content for any purpose related to the Site, the co-borrowing service, or the operation of Avenawise's business. You waive, and agree to waive, all moral rights in any User Content.
11.2. You represent and warrant that your User Content does not violate any law or any third-party right, including any intellectual property right, privacy right, or contractual obligation, and that you have all necessary rights to grant the license described in Section 11. 1.
11.3. Avenawise may, in its sole discretion, monitor, review, edit, refuse to post, or remove any User Content at any time and for any reason, without liability to you.
12. Links to Third-Party Sites
12.1. Outbound Links. The Site may contain links to third-party websites and resources, including websites of lender partners. These linked websites are provided as a convenience and not as an endorsement by Avenawise of the third-party websites or resources, or of any product or service offered or endorsed by such third parties. Avenawise makes no representations or warranties regarding the availability, accuracy, performance, or quality of any linked website or any content, software, service, or application found at any linked website. Your use of any third-party website is subject to that website's own terms and privacy practices.
12.2. Inbound Links. You agree not to link to the Site in association with any false, inaccurate, misleading, misappropriated, defamatory, or libelous content, or in association with any spam, unsolicited or bulk electronic messages. Avenawise reserves the right to require that you remove any link to the Site at its discretion.
13. Disclaimers
To the maximum extent permitted by applicable law, the Site, the Content, and the matching service are provided "as is" and "as available", without representation, warranty, or condition of any kind, either express or implied, by Avenawise, including all affiliates or entities related to Avenawise, and any officers, directors, employees, or agents of Avenawise or of any affiliate or related entity (collectively, the "Avenawise Group"). Without limiting the foregoing, the Avenawise Group expressly disclaims any warranties or conditions of merchantability, fitness f ti l i t j t i f i t d ti i i t f for a particular purpose, quiet enjoyment, or non-infringement, and any warranties arising out of the course of dealing or usage of trade. Without limiting the generality of the foregoing, the Avenawise Group makes no warranty that:
(a) the Site, the Content, or the matching service will meet your requirements;
(b) the Site will be available on an uninterrupted, secure, or error-free basis;
(c) any application will be matched with a lender or approved for a loan;
(d) any loan offered by a lender will be on terms acceptable to you; or
(e) the Content of the Site is accurate, reliable, complete, or timely. The Avenawise Group is not responsible for, and assumes no liability for, the acts, products, services, conduct, or content of any third-party lender, including the terms of any loan offered, the advance or non-advance of funds, the manner of loan servicing, or any collection activity undertaken by a lender or its agents.
14. Limitation of Liability
You expressly understand and agree that, to the maximum extent permitted by applicable law, the Avenawise Group shall not be liable to you or any other person for any indirect, incidental, special, consequential, exemplary, or punitive damages, including damages for loss of profits, loss of use, loss of data, disclosure or breach of confidence, business interruption, legal or other professional fees, or other intangible losses, whatsoever and howsoever caused, regardless of the theory of law providing a basis for the remedy (including contract, tort, or statute), arising out of or in any way connected with:
(i) your use of, or inability to use, the Site, the Content, or the matching service;
(ii) any matching with, dealings with, or conduct of any third-party lender or service provider;
(iii) any loan or financial product offered, declined, advanced, or serviced by a third-party lender;
(iv) any error, omission, or inaccuracy in the Content;
(v) any unauthorized access to or use of your account or your personal information; or
(vi) any other matter relating to the Site, the Content, or the matching service. This limitation of liability applies notwithstanding (a) any potential liability having been reasonably foreseeable, (b) any error or omission by the Avenawise Group whether or not the Avenawise Group knew or ought to have known of, or were otherwise responsible for, any such error or omission, (c) the Avenawise Group having been informed of the possibility of potential liability, or (d) other remedies not being available or not adequately compensating you or any other person. Some jurisdictions do not allow the disclaimer of warranties or conditions or the exclusion of damages, so portions of Sections 13 and 14 may not apply to you to the extent prohibited by applicable law.
15. Indemnification
You agree to release, defend, indemnify, and hold harmless the Avenawise Group from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or related to:
(a) your use of the Site, the Content, or the matching service;
(b) your breach of these Terms;
(c) your violation of any applicable law or any third-party right;
(d) any information you submit through the Site, including any false, fraudulent, or misleading information; or
(e) any User Content you submit. Notwithstanding this indemnity, the Avenawise Group retains the right to participate in the defense and settlement negotiations relating to the foregoing with counsel of our selection, at our discretion, and at our sole cost and expense.
16. Complaints and Dispute Resolution
16.1. Internal Complaints Process. If you have a complaint regarding the Site, the matching service, or any aspect of your relationship with Avenawise, we encourage you to first submit your complaint to our designated Complaints Officer using the contact information in Section 17 below. We will:
(a) acknowledge receipt of your complaint within five (5) business days; and (b) provide a written response within thirty (30) days, except where additional time is reasonably required due to the complexity of the matter, in which case we will provide you with an interim status update and an estimated time to resolution.
16.2. Escalation. If your complaint is not resolved to your satisfaction through our internal process, you may escalate the matter to:
(a) the Office de la protection du consommateur du Québec (OPC), where the complaint involves consumer protection matters;
(b) the Commission d'accès à l'information du Québec (CAI) or the Office of the Privacy Commissioner of Canada, where the complaint involves privacy or personal information matters;
(c) the consumer protection regulator in your province or territory of residence, where applicable; and/or
(d) a court of competent jurisdiction in accordance with Section 18 below.
16.3. Good-Faith Resolution. The parties agree to attempt to resolve any dispute in good faith before commencing formal proceedings.
17. Contact
Questions, complaints, requests, or notices regarding these Terms, the Site, or our privacy practices may be submitted to: Conseil Avenawise inc. Office: 730 rue Merry Sud, Magog, Québec, Canada, J1X 5C4 Email: approbation@avenawise.com All inquiries — including general questions, complaints, and matters directed to the Privacy Officer or Complaints Officer — should be sent to the email address above. To ensure prompt routing, please indicate the nature of your inquiry in the subject line (e.g., "Privacy Request," "Complaint," "General").
18. Governing Law and Jurisdiction
These Terms shall be governed in all respects by the laws of the Province of Québec and the federal laws of Canada applicable therein, without regard to conflict of law provisions. You agree that any claim, dispute, or proceeding arising out of or relating to these Terms, your use of the Site, or your relationship with Avenawise shall be brought exclusively before the courts sitting in the judicial district of Saint-François (Sherbrooke), Québec, which courts shall have exclusive jurisdiction, and you irrevocably attorn and submit to the personal jurisdiction of such courts for the purpose of all such proceedings. Nothing in this Section affects any mandatory rights or remedies you may have under the consumer protection laws of your province or territory of residence that, by their terms, apply notwithstanding any contractual choice of law.
19. General Provisions
19.1. No Agency. No agency, partnership, joint venture, employment, or franchise relationship is intended or created by these Terms.
19.2. Notices. Except as expressly stated otherwise, by providing an email address or other contact information to Avenawise, you consent to receive any legal notices required by applicable law at the email address or other contact information you have provided. Any legal notice sent by email or other electronic communication shall be deemed to have been received twenty-four (24) hours after the email or other electronic communication is sent, unless we are notified that the email address is invalid. Alternatively, we may give you legal notice by mail at any physical address you have provided. In such case, notice shall be deemed given three (3) days after mailing.
19.3. Severability. If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, that provision shall be struck and the remaining provisions shall continue in full force and effect.
19.4. Waiver. Our failure to enforce any provision of these Terms shall not constitute a waiver of any right under these Terms or of the right to enforce any provision in the future.
19.5. Assignment. You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign these Terms in whole or in part at any time without notice to you.
19.6. Entire Agreement. These Terms, together with any other policies or notices we may publish on the Site, constitute the entire agreement between you and Avenawise with respect to the Site, the Content, the matching service, and any information obtained through the Site, and supersede all prior or contemporaneous agreements, communications, and understandings, whether oral or written.
19.7. Termination. Avenawise has the right to terminate or suspend your access to the Site, or to limit or deny your access to any portion of the Site, at any time without notice to you and without liability to you or any other person, if you violate or threaten to violate any of these Terms, if you violate or threaten to violate any rights of Avenawise, if you interfere with any other person's access to or use of the Site, or if your access is otherwise detrimental to the Site, Avenawise, or the Avenawise Group more broadly. You may terminate your account at any time by contacting us. Termination does not affect any rights or obligations that have accrued prior to termination, or any provision of these Terms that by its nature is intended to survive termination, including Sections 9 through 18.
19.8. Interpretation. In these Terms: (a) headings are for reference purposes only and do not limit the scope or extent of any section; (b) words importing the singular number also include the plural and vice versa; (c) "person" includes an individual, corporation, and any other legal entity; (d) "including" or "includes" means including or includes (as applicable) without limitation or restriction; (e) "law" includes common law, equity, statutes, and regulations, as applicable; and (f) "discretion" means the relevant person's sole, absolute, and unfettered discretion.
19.9. Language. The parties have requested that these Terms and all related documents be drafted in English. Les parties ont demandé que les présentes Conditions et tous les documents qui y sont liés soient rédigés en anglais.
19.10. Effective Date. These Terms were originally adopted on the date set out at the top of this document and have been most recently updated on the "Last Updated" date set out at the top of this document. The current version of these Terms supersedes all prior versions and is effective as of the "Last Updated" date. End of Terms of Use and Privacy Policy.
Not a PayDay Lender: Since our loan terms always surpass 62 days, we are not considered a payday lender and do not need a payday license in any province.
Administration Fees: Our administration fees comply with Canadian law and are transparently disclosed in the binding contract between the lender and borrower.
Our APR and Regulatory Compliance: Our APR, consistently below 29%, meets all Canadian provincial regulations. Therefore, a special lender's permit is not required.
For example, for a loan of 300$, a normal repayment term would be 79$ bi-weekly for 12 weeks.