Terms of Use

1. Introduction and Definitions

Thank you for visiting our internet web site (www.mogo.ca, referred to in these Terms of Use as “the Site”). These “Terms of Use” provide the terms and conditions under which you view and use the Site, and by viewing or using the site you acknowledge having read and understood, and you agree to abide by, these Terms of Use. If you do not agree to abide by these Terms of Use, please leave the Site immediately.

Throughout these Terms of Use, the terms “MOGO,” “we,” “our” and “us” refer to Mogo Finance Technology Inc., the owner of the Site, while “you” and “your” refer to you as the Site visitor/user. The headings in these Terms of Use are provided for convenience only, and are not to be considered in the interpretation of this document.

2. Applicability of, and Changes to, Terms of Use

From time to time we may update, modify or completely replace these Terms of Use, without prior notice to you. We may in our discretion provide you with notice of such changes, if you have provided us with relevant contact information; however, we have no obligation to provide such notice. At any time when you visit the Site, you will be subject to the Terms of Use then posted on the Site. You are therefore responsible for checking the Terms of Use each time you visit the Site.

These Terms of Use do not limit or reduce the effect of the specific terms of any other agreement or documentation which you enter (electronically or otherwise) in relation to the use of the Site or any product or service available on the Site. In particular, any brokerage or loan arrangements made will be subject to additional specific terms, which terms will take precedence over these Terms of Use to the extent of any inconsistency among them.

3. Changes to the Site

MOGO may from time to time, at its discretion, make changes to the Site, including changing, removing, or adding products or services.

4. Privacy Policy

We treat privacy very seriously. Any personal information you provide to us will be dealt with as described in our Privacy Policy, which can be viewed at this location:

Mogo privacy policy

5. Permitted Use of the Site

Anyone is welcome to visit and browse the Site. However, only persons who are resident in Canada and are of the age of 19 (the age of 18 in Alberta and Manitoba) or over may apply for any product or services available on or through the Site, and by so applying you represent and warrant to MOGO that you meet those qualifications.

You may not enter any false, fraudulent, indecent, obscene, profane or otherwise inappropriate information into any application or other data entry form or page located on or through the Site, and you represent, warrant and agree that you will enter only true and accurate information into any form or page related to the Site, you will keep such information updated, and that you will use the Site only in compliance with all applicable laws.

You acknowledge and agree that MOGO does and will cooperate with law enforcement officials and agencies in any investigation of potential or alleged violations of any applicable law. You acknowledge and agree that MOGO may investigate (or have investigated on its behalf) allegations of infringement of third-party rights or abusive or any other inappropriate use of the Site.

6. “Cookies” and Interest Based Advertising

The MOGO web site uses "cookies", a technology that installs a small amount of information on a Web Site user's computer to permit the Web Site to recognize future visits using that computer. Cookies enhance the convenience and use of the Web Site. For example, the information provided through cookies is used to recognize you as a previous user of the Web Site, to track your activity at the Web Site, to respond to your needs, and to otherwise facilitate your Web Site experience. You may choose to decline cookies if your browser permits, but doing so may affect your use of the Web Site and your ability to access certain features of the Web Site or engage in transactions through the Web Site.

Mogo may use web cookies or pixel tags to compile tracking information reports regarding Web Site user demographics, Web Site traffic patterns, and Web Site purchases. We may then provide these reports to advertisers and others. None of the tracking information in these reports can be connected to the identities or other personal information of individual users.

MOGO displays interest-based advertising using information you make available to us when you interact with our sites, content, or services.

7. Hyperlinks to Third-Party Sites

The site contains various links to third party web sites. These are provided solely for your convenience, and MOGO does not endorse such web sites or the products or services offered by them. You should review the Terms of Use, Privacy Policy, and other agreements contained on any such third-party site before acquiring any product or service from them, or providing any personal information to them. YOU ACKNOWLEDGE AND AGREE THAT MOGO WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSSES OR DAMAGES WHATSOEVER THAT YOU MAY SUFFER IN RELATION TO THE USE OF ANY THIRD PARTY WEB SITE OR ANY PRODUCT OR SERVICE OFFERED THEREON.

8. Intellectual Property Ownership; Use, and Limits on Use, of Site Content

Unless otherwise specified, the Site and all of its elements, including without limitation all graphics, text, logos and elements of design and layout of the Site, and its general look and feel (the “Content”) are subject to copyright, trade mark, and other laws protecting intellectual property, and MOGO reserves all such rights.

You agree not to intentionally, and to take all reasonable steps not to inadvertently, alter, corrupt, delete or add to the Site or any of its Content, or to alter or interfere with or attempt to alter or interfere with the operation of the Site, or to transmit or otherwise install or deliver to the Site any virus, worm or other damaging, invasive or disabling computer code that may control, monitor or otherwise affect the operation of the Site.

Except as specified in these Terms of Use or as otherwise agreed by MOGO in writing, you may not save, copy, print, display or otherwise reproduce, or distribute, publish, license or resell, or modify or create derivative works from, any Content, nor mirror any Content on any other web site. Despite the previous paragraph, without waiving its copyright or any other proprietary rights in any such material, MOGO hereby grants you a fully revocable, non-exclusive license to view and print agreement terms, documents and agreement-related information visible on the Site, provided that: a) Such material may only be used for non-commercial/informational purposes; b) Subject to paragraph c), you may not modify any such material from the form in which it prints directly from the Site, and must retain any copyright or other proprietary notices visible on the Site; c) If you distribute any copy of such material as permitted by this clause, each copy which you distribute contains or has attached a copy of these Terms of Use and the Privacy Policy in their respective entireties. d) You may not resell or otherwise charge any amount for providing such material to any other person; e) Upon notice from MOGO of revocation of this license in writing or otherwise, you (and any person to whom you have at that time distributed a copy of any such material) will immediately cease the use of, and destroy, all such copies, except as may be required by law. Further, automated or systematic downloading or retrieval of any Content from the Site is prohibited, as are your use of the Site to sell a product or service or to increase traffic to your web site for commercial reasons.

9. Availability of Site, Products and Services

The Site is visible across the world wide web and can therefore be viewed outside of MOGO’s home jurisdiction. The mere fact that you can view the Site from your jurisdiction does not imply that the products or services described on the Site are now, or will in future be, available in your jurisdiction.

10. Disclaimer of Warranties

While MOGO uses reasonable efforts to include accurate and up-to-date information on this Site, it makes no representations or warranties as to the truth, accuracy, reliability, usefulness, timeliness or completeness of that information. MOGO does not guarantee that the Site or services provided on or by the Site will be sufficient or appropriate for every individual or situation. THE SITE AND THE CONTENT ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS, AND YOU USE THIS SITE AT YOUR OWN RISK. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. THE INFORMATION PROVIDED MAY NOT BE ACCURATE OR CURRENT, MAY NOT APPLY TO YOUR PARTICULAR SITUATION, OR MAY NOT BE SUITABLE OR APPROPRIATE FOR YOU. MOGO STRONGLY URGES YOU TO CONSULT A PROFESSIONAL OR SOME OTHER 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, PROVIDE ANY LEGAL, TAX, FINANCIAL PLANNING OR ACCOUNTING ADVICE. If you require advice in such fields, you should consult the appropriate professional advisors.

When using the Site, information will be transmitted over a medium that is beyond the control and jurisdiction of MOGO. Accordingly, MOGO ASSUMES 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 SITE. MOGO MAKES NO WARRANTY OR REPRESENTATION THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. MOGO DISCLAIMS ALL LIABILITY FOR ANY COMPUTER VIRUSES, WORMS OR OTHER DAMAGING, INVASIVE OR DISABLING COMPUTER CODE THAT MAY BE LOADED INTO USERS’ COMPUTERS WHEN USERS DOWNLOAD DOCUMENTS FROM THIS SITE. You are strongly advised to obtain and use appropriate anti-virus and security software. TO THE FULLEST EXTENT PERMITTED BY LAW, MOGO HEREBY EXPRESSLY DISCLAIMS AND BY USING THIS SITE YOU WAIVE ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, EITHER 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 MOGO MAKES NO REPRESENTATION OR WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE SITE.

You specifically agree that MOGO shall not be responsible for unauthorized access to or alteration of the Site or your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through the Site. You specifically agree that MOGO is not responsible or liable for any threatening, 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 MOGO is not responsible for any content sent using or included in the Site by any third party.

11. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, NONE OF MOGO OR ANY THIRD PARTIES MENTIONED ON THE SITE ARE NOR WILL THEY BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE (OR INABILITY TO USE) THE SITE, THE CONTENT, THE INFORMATION ON OR AVAILABLE THROUGH THIS SITE, OR ARISING OUT OF ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MOGO IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST MOGO, AND ITS AFFILIATES, AGENTS, REPRESENTATIVES AND LICENSORS ARISING OUT OF YOUR USE OF THE SITE AND THE INFORMATION AVAILABLE ON IT. IF FOR ANY REASON OR IN ANY CIRCUMSTANCE MOGO IS FOUND LIABLE TO YOU, THE MAXIMUM AGGREGATE LIABILITY TO YOU, FOR ANY AND ALL CLAIMS ARISING IN ANY WAY IN RELATION TO YOUR VIEWING OR USE OF THE SITE. YOUR ACQUISITION OR USE OF ANY PRODUCT OR SERVICE AVAILABLE ON OR THROUGH THE SITE, OR OTHERWISE, IS CDN$10.00

12. Hyperlinks from Third Party Sites

You may not create any link to the Site except with our express prior written consent. We hereby provide consent to you creating a single hyperlink to any page of the mogo.ca site, provided that: a) The content of the web site (“your site”) from which you link to the Site is not offensive under your local laws and standards or those of Canada, and in particular the content of your site does not promote or positively portray unlawful activity, violence or intolerance of any sort; b) Your site is in compliance with all laws applicable in the jurisdiction in which it is hosted and all laws of Canada; c) Your site does not misrepresent, overstate, exaggerate, or otherwise deceptively describe the Site, MOGO or the relationship between your site and either the Site or MOGO; d) Your site does not disparage or in any way negatively portray MOGO, the Site, or any product or service offered by or on MOGO or the Site; e) Your site, including the link permitted under this provision, does not infringe on any intellectual property right of MOGO. More specifically (but without limiting the breadth of the previous sentence), your site does not use any material, logo, text, image, video, or graphic in which holds copyright or is a trade mark or service mark (registered or unregistered and whether or not any identifying "TM," "SM," or ®/ "R in a circle" marking is used in association with such marks) of MOGO (including any logo or URL of MOGO, including the URL of the Site) except to the extent necessary to identify and link to the Site, and then only provided that a notice acknowledging MOGO’s ownership of the intellectual property is clearly displayed. f) Your site does not, and no other web site owned, controlled, or affiliated with you or your site, frames, mirrors, or otherwise displays any portion or content of the Site; g) You will, without any claim whatsoever arising there from, immediately upon request from a representative of the Site by telephone, facsimile, mail, email, or any other form of communication, remove any or all links to the Site from your site(s) as requested by such representative of the Site, whether or not such representative provides any reason or justification for such request. Your right to create any such link, in addition to be revocable as described above, is non-exclusive, and you acknowledge and agree that such right does not in any way provide you with any right or license (express, implied, by estoppel, or otherwise) in or to any Site content or any intellectual property of MOGO (or any third party the intellectual property of which is present or visible on the Site), including any copyright, trademark, service mark, patent, trade secret, trade dress or otherwise.

13. Feedback and other Submissions

Except where expressly agreed otherwise by MOGO, all information and material submitted to MOGO through or in relation to the Site will be considered non confidential. By providing any such material to MOGO you grant MOGO a royalty free, perpetual, irrevocable, non-exclusive, worldwide right and license (with the right to sublicense through multiple tiers) to use, reproduce, distribute, modify, create derivative works of, publicly display, and publicly perform such material in any media now known or not currently known; and to make, have made, offer for sale, sell, and otherwise transfer such material, for any purpose and on any basis. However, despite such uses by MOGO, You acknowledge that you, and not MOGO, have full responsibility for the material, including its legality, reliability, appropriateness, originality, and copyright.

14. Claims of Copyright Infringement

If you believe that material in which you hold copyright is visible on the Site without your consent, please contact us immediately at:

Mogo Finance Technology Inc.
PO Box 2419 Station Main
Winnipeg, Manitoba
R3C 4A7

Please provide details of where the material is visible along with a description of the material, as well as your own name and contact information and such other information as is reasonably necessary to allow us to determine whether the Content in question infringes.

15. Termination

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

16. Indemnification

You agree to reimburse MOGO, its directors, officers, agents, employees, partners, and service providers (collectively, “Indemnities” and each an “Indemnity”) for all losses, damages, and costs, including 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 Site or any Content, unless MOGO settles any action or claim regarding which it seeks reimbursement from you without first seeking your approval of such settlement and permitting a reasonable period of time (not to exceed 5 business days) for your response.

17. Governing Law

Except as provided in section 17 below, and except as otherwise specified in the specific terms of any agreement arising through your use of the Site: a) These Terms and Conditions, including the Privacy Policy incorporated herein, and your use of the Site, is to be interpreted and governed by the laws of Manitoba, Canada, and the laws of Canada applicable therein, without reference to principles of conflicts of laws; and b) the courts located in Winnipeg, Manitoba and the courts of appeal there from 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 Site and/or any Content, product or service available on the Site and you.

18. Dispute Resolution

All Claims, and any dispute or controversy between you and MOGO, whether arising out of or relating to the use of the Site, the goods or services provided by or through the Site or MOGO, or any acts or omissions for which you may contend MOGO is liable, including but not limited to any claim or controversy as to arbitrability, (collectively “Disputes”) will be finally and exclusively settled by arbitration under the Manitoba Arbitration Act, as amended or replaced, such arbitration occurring in Winnipeg, Manitoba and conducted under the ADR Institute of Canada, Inc. “National Arbitration Rules,” as amended or replaced, such arbitration to occur in Winnipeg, Manitoba and be conducted and decided by a single neutral arbitrator, chosen by the parties mutually or, if the parties cannot agree upon a mediator within 21 days following either party notifying the other of its intent to arbitrate, each party will appoint an arbitrator of its choice and such arbitrators will, between them, choose a single arbitrator who shall then conduct the arbitration as described herein. The decision of the arbitrator, or of a majority of the arbitrators if more than one is appointed, will be final and binding. Each party will bear its own costs plus one-half of the arbitration costs, including without limitation arbitrator’s fees and arbitration site rental fees, on an ongoing basis, but the prevailing party will be entitled to recover all of its costs reasonably incurred in relation to the arbitration and of any related judicial proceeding, including reasonable legal counsel fees.

Despite the paragraph above, the arbitrator of any Dispute will not have the power to award damages that exceed the lesser of actual compensatory damages or the limits indicated in these Terms of Use or any other specific terms contained in any secondary or other agreement between MOGO and you.

19. Entire Agreement; Severability

Unless otherwise specified in these Terms of Use, this agreement constitutes the entire agreement between you and MOGO with respect to the Site and supersedes all prior or communications and agreements (whether oral, written, or electronic) between you and MOGO with respect to the Site. If any 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.

20. Waiver

MOGO's failure to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of that right or provision.

21. Voluntary Limitation Period

Regardless of any statute or law to the contrary, any claim and any cause of action against MOGO arising out of or related to use of the Site, the Content, these Terms of Use, or any product or service available on or through the Site must be filed within one (1) year after the claim or cause of action arose.

22. Credit Check & Employment Verification Consent

By submitting an application online for a loan with Mogo, you agree that the information you have given Mogo on the application is complete and accurate. You agree that you have read our privacy policy and terms of use, and that you consent to, and accept this as written consent to authorize Mogo to contact your employer to verify your employment and to obtain a copy of your credit report from one of the Canadian credit reporting agencies.

23. Debit Card Terms and Conditions

Click here to download the Debit Card Terms and Conditions PDF.

24. Mogo Card Terms and Conditions

Click here to download the Mogo Card Terms and Conditions PDF.

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