PLEASE READ THESE TERMS & CONDITIONS CAREFULLY. THEY INCLUDE AN AGREEMENT TO RESOLVE DISPUTES THROUGH ARBITRATION AND OTHER IMPORTANT LEGAL INFORMATION ABOUT YOUR RIGHTS AND RESPONSIBILITIES. THE ARBITRATION AGREEMENT REQUIRES THAT YOU SUBMIT CLAIMS AGAINST US TO BINDING ARBITRATION, LIMITS YOUR ABILITY TO JOIN CLASS ACTIONS OR SEEK RELIEF ON A CLASS BASIS, AND MAY PREVENT YOU FROM HAVING YOUR CLAIMS RESOLVED IN COURT.
TERMS AND CONDITIONS
Loan Referral Service
Our loan referral service (referred to as the "Service") links individuals with potential lenders within our network (known as the "Lender Partners"). To utilise the Service, you are required to fill out an online request form (referred to as a "Request Form"), which will collect personal details from you, including your name, address, phone number, email address, social security number, banking information, and employment details. We encourage you to review our privacy policy located at Privacy Policy ("Privacy Policy"). The Privacy Policy's provisions are integrated into and considered an integral part of these Terms of Use.
Credit Decisions
Lendyoufunds operates as a connection platform and does not engage in lending activities or make credit judgments. We cannot assure you that any of our Lender Partners will extend a loan offer to you, nor can we guarantee the specific terms or conditions of any loan offer. The pricing, product options, availability, interest rates, and fees provided by Lender Partners through our Service may not necessarily represent the most advantageous terms available in the market.
When you submit a Request Form, Lendyoufunds shares the information you provide with our network of Lender Partners. By submitting a Request Form, you are essentially expressing your interest in receiving loan offers from these Lender Partners. You also consent to be contacted by Lendyoufunds and the Lender Partners via various communication channels, including email, telephone, SMS, and direct mail. This contact may be for the purpose of assisting with your Request Form or to provide information about current or future loan offers.
Upon receiving your Request Form, Lender Partners evaluate your information in real time to determine whether it aligns with their underwriting criteria. As part of this assessment, they may conduct a credit check based on the information provided in your Request Form. This credit check can take one of two forms: a formal credit inquiry, which leaves a record on your credit report and could impact your credit score (referred to as a "Hard Check"), or an informal inquiry that does not affect your credit standing (known as a "Soft Check"). These credit checks may be performed through major credit bureaus like TransUnion, Equifax, or Experian or through alternative credit reporting agencies and data aggregators such as Microbilt, Teletrack, DP Bureau, or DataX. By submitting your Request Form, you grant Lender Partners the authority to review, validate, and analyse your information in accordance with their practices.
Should a Lender Partner determine that your Request Form aligns with their underwriting criteria, you will be redirected to the lender's website. It is important to understand that once redirected, Lendyoufunds no longer plays a role in the loan application or decision-making process. Your interactions with the lender will be governed by the lender's specific privacy policy, terms of use, and other applicable policies or terms.
Electronic Disclosure Agreement
Upon submitting your Request Form, you are providing your consent to receive notifications, disclosures, and various documents and communications, both from Lendyoufunds and our affiliated Lender Partners. In the event of a connection with a Lender Partner, you may be required to execute an electronic loan contract. This digital loan agreement holds the same legal authority as a traditional paper-based loan contract, with your electronic signature deemed as valid as a physical signature on a printed contract.
Furthermore, the lender may seek your authorisation to transmit all loan-related notifications to you in electronic format, including those related to debt collection activities.
Additionally, you may be obligated to access loan-related documents, including the loan contract, through electronic means. By submitting your Request Form, you signify your acceptance of this method for document access.
Please be aware that the lender may provide an option to revoke your consent for electronic disclosures. To gain more insight into this process, please contact the specific lender with whom you have been matched. However, it is essential to note that declining electronic disclosures may have an impact on your eligibility to receive a loan from a Lender Partner.
Precision
Your representation of information in your Request Form, both to Lendyoufunds and subsequently to the Lender Partners, must be accurate and honest. Should any inaccuracies or falsehoods be detected in your Request Form, Lendyoufunds reserves the authority to deny, suspend, or terminate your access to the Service.
Control Over Features, Functions, and Service Accessibility
Lendyoufunds retains the prerogative to alter any aspect of the Service, including its information, features, and functions, without prior notification. If, at its sole discretion, Lendyoufunds determines that your behaviour or activities transgress these Terms, infringe upon Lendyoufunds's rights or those of any third party, or are otherwise deemed inappropriate, Lendyoufunds may revoke your access to some or all of the Service without prior notice. Please be aware that Lendyoufunds is not liable for any errors or delays in Service delivery arising from inaccuracies within your Request Form or due to technical challenges beyond reasonable control.
Disclaimers and Constraints
The website and its associated information, software, products, and services are presented "as is." Lendyoufunds explicitly disclaims any form of warranty, whether express or implied, concerning any aspect of the website and the information, software, products, or services provided herein. This includes, but is not limited to, warranties of title, non-infringement, merchantability, or fitness for a specific purpose.
Lendyoufunds does not guarantee the outcomes that may result from utilising the website and the associated information, software, products, and services. The utilisation of the website or the service is undertaken at your own risk.
Lendyoufunds, its Lender Partners, advertisers, and any of their officers, directors, agents, subsidiaries, affiliates, employees, successors, assigns, content providers, or service providers will not be held liable for any direct, indirect, incidental, consequential, special, punitive damages, or other harm arising from or connected with the utilisation of the website or the service. This includes delays or the inability to use the website or any information, software, products, or services obtained through the website, regardless of whether such harm arises from breach of contract, tortious behaviour, negligence, strict liability, or otherwise, even if Lendyoufunds or the Lender Partners have been informed of the possibility of such damages.
Lendyoufunds does not endorse or recommend the products of any specific lender. Lendyoufunds is not your agent or an agent of any participating lender. Lendyoufunds is not involved in the lender's examination or use of your Request Form information or in determining whether you meet a particular lender's underwriting criteria. The lender bears sole responsibility for its services to you, and you acknowledge that Lendyoufunds will not be responsible for any damages or costs of any nature associated with your use of the service. You understand that Lender Partners may retain your Request Form information, whether or not you qualify for a loan with them.
In some states, limitations on liability and disclaimers of implied warranties may not apply to you. In such states, the respective liability of Lendyoufunds, the Lender Partners, and their officers, directors, agents, subsidiaries, affiliates, employees, successors, assigns, content providers, and service providers is restricted to the maximum extent permissible by law.
Indemnity
To use the Website or the Services, you are required to accept the responsibility of indemnifying Lendyoufunds and the Lender Partners. This commitment entails safeguarding, protecting, and absolving them from any and all liabilities, expenses (inclusive of legal fees), and damages arising from claims resulting from your utilisation of the Website. These claims may encompass allegations that, if proven true, would constitute a breach of these Terms on your part.
Hyperlinks to External Websites
Within the Website, you may encounter links leading to other websites managed by Lender Partners or third-party entities. These links are provided exclusively for your convenience and as a point of reference. It is important to note that Lendyoufunds neither administers nor exercises control over any information, software, products, or services accessible on these third-party websites. The inclusion of a hyperlink to a website by Lendyoufunds does not signify an endorsement of the services or the website itself, its contents, or the entity responsible for its operation.
Resolution of Disputes through Binding Arbitration
PLEASE CAREFULLY REVIEW THIS SECTION, AS IT HAS SIGNIFICANT LEGAL IMPLICATIONS.
a. Agreement to Arbitrate
This Dispute Resolution via Binding Arbitration section is denoted as the "Arbitration Agreement" within these Terms. By accepting these Terms, you acknowledge and consent to the exclusive resolution of any disputes or claims, both existing and potential, between you and Lendyoufunds. These disputes or claims may arise in connection with these Terms (including any alleged breaches thereof), the Service, advertising, or any aspect of our relationship or transactions. Such resolutions will be conducted through binding arbitration, not in a court of law, and will be governed by the terms outlined in this Arbitration Agreement. The only exception is for individual claims, which you may assert in a small claims court if they meet the necessary criteria. Moreover, please note that this Arbitration Agreement does not prohibit you from reporting issues to relevant federal, state, or local agencies, and where applicable by law, these agencies may pursue remedies against us on your behalf. By agreeing to these Terms, you and Lendyoufunds mutually forfeit the right to a jury trial or participation in class action lawsuits. Instead, a neutral arbitrator, rather than a judge or jury, will determine your rights. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
b. Prohibition of Collective Actions and Non-Individualized Remedies
Both you and Lendyoufunds mutually agree that any claims against each other must be pursued solely on an individual basis and not as part of a class or representative action or proceeding. Unless there is mutual agreement to the contrary, the arbitrator is not permitted to consolidate or combine the claims of multiple individuals or parties, nor can they oversee any form of consolidated, representative, or class proceeding. Furthermore, the arbitrator may grant remedies (which may include monetary, injunctive, or declaratory relief) solely in favour of the individual seeking relief and only to the extent necessary to address the issues raised by that individual's specific claim(s). However, it is important to note that under applicable law, you retain the right to bring, and the arbitrator may award public injunctive relief as required for the enforceability of this provision.
c. Attempting Resolution Prior to Arbitration
Our primary aim is to efficiently and amicably resolve disputes, and most customer concerns can be swiftly and satisfactorily addressed by reaching out to our customer support team at [email protected]. In cases where these initial efforts do not lead to a resolution, both you and Lendyoufunds concur that the party seeking to initiate arbitration must first dispatch a written Notice of Dispute ("Notice") to the other party via certified mail. Within the Notice, you must (i) elucidate the nature and basis of the claim or dispute and (ii) specify the particular relief being sought. If, within a period of sixty (60) calendar days following Notice receipt, the issue remains unresolved between Lendyoufunds and you, either party may then proceed to instigate an arbitration process. It is important to note that, during arbitration, any settlement offers extended by either party will remain confidential until the arbitrator determines the amount, if any, to which you or Lendyoufunds are entitled.
d. Arbitration Protocols
Unless you and Lendyoufunds mutually agree in writing to utilise an alternate arbitration entity or adopt different arbitration protocols, any arbitration proceedings involving you and us will be overseen by an impartial arbitrator following the guidelines and procedures stipulated by the American Arbitration Association ("AAA"). These procedures encompass the AAA's Consumer Arbitration Rules (collectively referred to as the "AAA Rules"), subject to alterations as specified in this Arbitration Agreement. For comprehensive information concerning the AAA, please consult their official website at http://www.adr.org. Detailed insights into the AAA Rules and the associated fees for consumer disputes can be accessed via the AAA's consumer arbitration page at https://www.adr.org/consumer. In the event of any inconsistency between the provisions of the AAA Rules and those within this Arbitration Agreement, the relevant terms within this Arbitration Agreement shall take precedence unless the arbitrator determines that enforcing the conflicting terms would compromise the fundamental fairness of the arbitration process. Furthermore, the arbitrator is bound to adhere to the clauses outlined in these Terms to the same extent as a court would. The jurisdiction of the arbitrator extends to all matters, including those pertaining to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are generally more streamlined than trials and other legal procedures, the arbitrator possesses the authority to grant identical damages and relief to an individual as a court can provide under these Terms and applicable legal principles. Decisions rendered by the arbitrator hold weight in court and can only be overturned by a court under exceedingly restricted circumstances.
Unless Lendyoufunds and you arrive at an alternative arrangement, arbitration hearings will transpire at a reasonably convenient location that takes into account the respective parties' ability to travel and other relevant considerations. In instances where the parties cannot reach an agreement on the venue, the determination will be made either by the AAA or the arbitrator. For claims amounting to $10,000 or less, Lendyoufunds acknowledges your entitlement to opt for an arbitration process based solely on submitted documents, conducted via telephonic means, or held in person in accordance with the AAA Rules. In cases where the claim exceeds $10,000, the right to a hearing will be subject to the provisions of the AAA Rules. Irrespective of the chosen arbitration method, the arbitrator will provide a thorough written decision that effectively outlines the crucial findings and conclusions underpinning the award.
e. Arbitration Expenses
All expenses related to the filing, administration, and arbitrator fees, collectively referred to as "Arbitration Fees," will be subject to the regulations stipulated in the AAA Rules unless otherwise specified in this Arbitration Agreement or agreed upon separately by the parties involved. If the relief sought amounts to $75,000 or less, you have the option to request that Lendyoufunds cover all Arbitration Fees. In cases where the relief sought exceeds $75,000, and you can demonstrate to the arbitrator that covering your share of the Arbitration Fees would be economically challenging, or if the arbitrator, for any reason, deems it unjust for you to bear these costs, Lendyoufunds will assume responsibility for your portion of these fees. If you can persuade the arbitrator that the costs associated with arbitration would significantly outweigh the costs of pursuing litigation, Lendyoufunds will cover the Arbitration Fees to the extent determined necessary by the arbitrator to prevent the arbitration process from becoming financially prohibitive. Any reimbursement of attorneys' fees will adhere to the guidelines outlined in the AAA Rules.
f. Privacy
The entirety of the arbitration proceedings, along with any rulings, determinations, or awards issued by the arbitrator, will be treated with the utmost confidentiality for the benefit of all parties involved.
g. Severability
In the event that a court or the arbitrator determines that any provision or term within this Arbitration Agreement (excluding subsection (b) titled "Prohibition of Class and Representative Actions and Non-Individualized Relief" above) is unenforceable or invalid, both parties will agree to replace the specific provision or term with a valid and enforceable alternative that aligns with the original intent of the invalid or unenforceable provision or term. Under such circumstances, this Arbitration Agreement will remain in effect with the necessary modifications. If a court or the arbitrator finds that any provisions within subsection (b) titled "Prohibition of Class and Representative Actions and Non-Individualized Relief" are unenforceable or invalid, the entire Arbitration Agreement will become void unless these provisions are specifically deemed unenforceable or invalid solely in relation to claims seeking public injunctive relief. The remaining provisions of these Terms will continue to be valid.
h. Future Amendments to the Arbitration Agreement
Despite any contrary provisions within these Terms, Lendyoufunds agrees that if it makes any future alterations to this Arbitration Agreement (excluding changes to the Notice Address) while you are utilising the Service, you retain the right to reject these modifications. To do so, you must notify Lendyoufunds in writing within thirty (30) calendar days of the alteration, using the Notice Address provided above. By rejecting any future changes, you affirm your commitment to resolving any disputes between us through arbitration in accordance with the language of this Arbitration Agreement as of the date you initially accepted these Terms (or any subsequent changes to these Terms).
Privacy
We kindly request you to thoroughly review our privacy policy accessible at Privacy Policy ("Privacy Policy"). The clauses within the Privacy Policy form an integral part of and are integrated into these Terms of Use.
Lendyoufunds Electronic Signatures, Records, and Disclosures Notice ("E-Consent")
We encourage you to carefully consider the following information. To provide you with our service, you may need to utilise and consent to electronic signatures, records, and disclosures. Upon accepting this E-Consent Notice, Lendyoufunds may engage with you through electronic means, including the transmission of electronic notifications related to your interactions and transactions. By acknowledging this E-Consent Notice, you are also granting your consent to enter into legally binding commitments through electronic signatures, which carry the same legal validity as physical paper signatures.
SMS Terms & Conditions
By providing your mobile phone number, you consent to receive SMS communications from both Lendyoufunds and our Lender Partners. These SMS messages may include a follow-up message containing a link to your completed loan Request Form, payment reminders sent by our Lender Partners, as well as future offers.
If you require additional assistance, please don't hesitate to reach out to us at [email protected].
Please note that standard message and data rates may apply. Lendyoufunds is not liable for any charges that may be imposed by your wireless carrier or other third parties for your use of this service.
It's important to understand that messages may experience delays or may not be delivered for various reasons. Carriers bear no responsibility for any messages that encounter delays or remain undelivered.
Additional Terms
These Terms represent the complete agreement between you and Lendyoufunds. They are governed by California law, regardless of any conflicts of law principles. If any part of these Terms is found unenforceable under applicable law, the invalid provision will be replaced with a valid and enforceable provision that closely aligns with the original intent, and the rest of these Terms will remain in effect. The failure of Lendyoufunds to enforce any right or provision in these Terms does not constitute a waiver of that right or provision. Lendyoufunds reserves the right to amend these Terms at any time by posting the revised terms on its website. All updated terms become effective immediately upon posting.
