Legal

Terms and Conditions

Last updated: [05/12/2026]

Effective date: [05/12/2026]

These Terms and Conditions are entered into between you (the “User”, “you”, “your”) and 9352-1300 Québec Inc., a corporation incorporated under the Business Corporations Act (Québec), CQLR c. S-31.1, having its head office at 9900 Boul. Cavendish, Saint-Laurent (Québec) H4M 2V2, doing business as INSTANT CREDIT INC. (“Instant Credit”, “we”, “us”, “our”), the operator of the website https://business.instant.credit (the “Site”).

This document is organized as follows:

PART A — Terms of Website Use
PART B — Privacy Policy
PART C — Consent for Personal Data Processing and Credit Application
PART D — Defined Terms

Language Election / Choix de la langue

The parties have expressly agreed that this agreement be drawn up in English. Les parties ont expressément convenu que la présente convention soit rédigée en anglais. A French-language version of these Terms and Conditions is available at https://business.instant.credit/conditions-generales/ / Une version française des présentes Conditions générales est disponible à https://business.instant.credit/conditions-generales/. In the event of any discrepancy between the English and French versions, the French version shall prevail to the extent required by section 21 of the Charter of the French Language, CQLR c. C-11.

PART A — TERMS OF WEBSITE USE

1. Acceptance

By accessing or using the Site, you agree to be bound by these Terms of Website Use, the Privacy Policy in Part B, and (where you submit a credit application) the Consent in Part C. If you do not agree, do not use the Site.

2. Eligibility

You represent that you (i) are at least 18 years of age and have reached the age of majority in your province or territory of residence, and (ii) have the legal capacity to enter into binding contracts under the law applicable to you.

3. Permitted Use and Prohibited Uses

The Site is made available for lawful informational purposes and to permit you to apply for financial products offered or arranged by Instant Credit. You agree not to:

(a) use the Site in violation of any applicable law or regulation;
(b) reverse engineer, decompile, scrape, or attempt to extract source code, data, or content from the Site by automated means, except for ordinary search-engine indexing;
(c) interfere with or disrupt the integrity, security, or performance of the Site or any data contained therein, including by introducing malware, conducting denial-of-service activity, or attempting unauthorized access;
(d) misrepresent your identity, impersonate any person, or submit false, inaccurate, or stolen information in any application;
(e) use the Site to harvest personal information of third parties; or
(f) use the Site for the benefit of, or to facilitate, any sanctioned person under Canadian sanctions legislation.

4. Intellectual Property

All content on the Site, including text, design, graphics, logos, the names “Instant Credit” and “Instant.Credit”, and the underlying software, is owned by or licensed to Instant Credit and is protected by applicable intellectual property laws. You are granted a limited, revocable, non-exclusive, non-transferable licence to access and view the Site for personal, non-commercial purposes. Any other use requires our prior written consent.

5. Third-Party Links and Service Providers

The Site may contain links to, or integrations with, third parties (each a “Service Provider”), including credit bureaus, instant bank verification providers, identity verification providers, and lending partners. We are not responsible for the content, practices, or privacy policies of Service Providers. Your use of any Service Provider is subject to its own terms and privacy policy.

6. Disclaimer of Warranties

THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, INSTANT CREDIT DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Nothing in these Terms limits any non-excludable rights you may have under the Consumer Protection Act (Québec), CQLR c. P-40.1, the Consumer Protection Act (Ontario), or comparable consumer-protection legislation in your province or territory.

7. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, INSTANT CREDIT, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY UNDER THESE TERMS SHALL NOT EXCEED ONE HUNDRED CANADIAN DOLLARS (CA$100), EXCEPT WHERE SUCH LIMITATION IS PROHIBITED BY LAW.

This limitation does not apply to (i) damages resulting from our gross fault or intentional fault as those concepts are interpreted under article 1474 of the Civil Code of Québec; or (ii) any liability that cannot be excluded under applicable consumer-protection legislation.

8. Indemnification

You agree to indemnify and hold harmless Instant Credit and its affiliates, directors, officers, employees, and agents from and against any claim, loss, damage, liability, or expense (including reasonable legal fees) arising out of your breach of these Terms, your misuse of the Site, or your violation of any law or any right of any third party.

9. Governing Law and Jurisdiction

These Terms are governed by the laws of the Province of Québec and the federal laws of Canada applicable therein, without regard to conflict-of-laws principles. Subject to section 10, the courts of the judicial district of Montréal shall have exclusive jurisdiction over any dispute arising out of or in connection with these Terms, except where exclusive jurisdiction is conferred elsewhere by law (including under article 3149 of the Civil Code of Québec for consumer matters).

10. Dispute Resolution

For any dispute that is not a “consumer contract” within the meaning of article 1384 of the Civil Code of Québec, the parties shall first attempt to resolve the matter in good faith by negotiation. Failing resolution within thirty (30) days, the dispute shall be referred to arbitration administered by the Institut de médiation et d’arbitrage du Québec (IMAQ) under its rules in force at the time, before a single arbitrator, in Montréal, in the English language (subject to the language election above). The award shall be final and binding.

Nothing in this section limits the right of any party to seek injunctive or other equitable relief from a court of competent jurisdiction, or limits any non-waivable right of a consumer under applicable law.

11. Termination

We may suspend or terminate your access to the Site at any time, with or without notice, including if we reasonably believe you have breached these Terms. Sections 4, 5, 6, 7, 8, 9, 10, 11, and 14 survive termination.

12. Modifications

We may modify these Terms from time to time. When we do, we will update the “Last updated” date and post the revised Terms on the Site. Material changes will be communicated by reasonable means (which may include email or in-application notice). Your continued use of the Site after the effective date constitutes acceptance of the modifications.

13. Force Majeure

Neither party shall be liable for any failure or delay in performance caused by events beyond its reasonable control, including acts of God, war, terrorism, civil unrest, government action, pandemic, network or utility failure, or third-party service interruption (a “Force Majeure Event”).

14. General

Entire agreement. These Terms (together with the Privacy Policy and any applicable credit agreement) constitute the entire agreement between you and Instant Credit regarding the Site and supersede all prior agreements.
Severability. If any provision is held invalid or unenforceable, the remainder shall remain in full force.
Assignment. You may not assign these Terms without our prior written consent. We may assign or transfer these Terms in connection with a merger, acquisition, financing, securitization, or sale of all or substantially all of our business or assets.
Notices. Notices to us must be sent to legal@instant.credit or to our head office. Notices to you may be sent to the email or postal address you have provided.
No waiver. No failure or delay in exercising any right shall operate as a waiver.

PART B — PRIVACY POLICY

1. Overview and Scope

This Privacy Policy describes how Instant Credit collects, uses, communicates, and protects Personal Information (as defined below) in the course of operating the Site and providing or arranging financial products. It applies in addition to Part A and to any Service Provider arrangement.

For purposes of this Policy, “Personal Information” has the meaning given to it in section 2 of the Act respecting the protection of personal information in the private sector, CQLR c. P-39.1 (the “Québec Privacy Act”), and includes any information that relates to a natural person and allows that person to be identified, directly or indirectly.

This Policy applies to Personal Information of natural persons. It does not apply to information about juridical persons (e.g., business corporations) except where such information also identifies a natural person.

2. Privacy Officer

Instant Credit has appointed a person in charge of the protection of Personal Information (the “Privacy Officer”) in accordance with section 3.1 of the Québec Privacy Act. The Privacy Officer is responsible for overseeing compliance with this Policy and with applicable privacy law.

Privacy Officer: [INSERT FULL NAME], [INSERT TITLE — e.g., Chief Compliance Officer]

Email: privacy@instant.credit

Telephone: (514) 600-0924

Address: 9900 Boul. Cavendish, Saint-Laurent (Québec) H4M 2V2

Required field. Designate a real, named human being. Anonymized aliases (info@, support@) do not satisfy section 3.1.

3. Personal Information We Collect

We collect only Personal Information that is necessary for the purposes identified in section 5 below.

3.1 Information you provide

When you apply for, use, or inquire about our products, we may collect:

Identification: full name, date of birth, gender, citizenship, civil status, social insurance number (only where required for credit-reporting or regulatory purposes);
Contact: address, email, mobile and other telephone numbers;
Identity documents: government-issued photo ID (driver’s licence, passport, provincial ID), including images of such documents captured for identity verification;
Financial: employment, income, assets, liabilities, banking information, transaction history;
Application data: information you submit through forms, chat, telephone, or email.

3.2 Information collected automatically

When you visit the Site, we may automatically collect:

IP address and approximate location derived therefrom;
Device identifiers, browser type, operating system, language settings;
Pages viewed, links clicked, session duration, referring URL;
Cookie and similar tracking-technology data (see section 11).

3.3 Information from third parties

We may collect Personal Information about you from:

Credit reporting agencies, including Equifax Canada Co. and TransUnion of Canada, Inc.;
Identity verification providers (e.g., OnDato, Persona, or other KYC providers);
Open-banking and instant bank verification providers (e.g., Flinks Technology Inc., Plaid Technologies, Inc., VoPay International Inc., Inverite Verification Inc.);
Public registries (REQ, RDPRM, land registries, court dockets);
Sanctions, watchlist, and politically-exposed-person screening providers;
References, employers, or other financial institutions you have authorized us to contact.

3.4 Biometric information

If you complete remote identity verification, we collect Biometric Information, including a live image (or short video) of your face and a digital representation (template) extracted from that image. The collection, use, and retention of Biometric Information is governed by sections 44 and 45 of the Act to establish a legal framework for information technology, CQLR c. C-1.1 (the “Québec IT Act”) and by the specific consent in Part C.

Disclosure. Instant Credit has declared its biometric system and, where applicable, its biometric database to the Commission d’accès à l’information du Québec (the “CAI”) at least sixty (60) days before deployment, in accordance with sections 44 and 45 of the Québec IT Act.

If this declaration has not yet been filed, do not deploy the biometric IBV flow until it is. Confirm filing status before publishing this section.

4. How We Collect

We collect Personal Information by fair and lawful means and primarily from you. Where we collect Personal Information from a source other than you, we will inform you as required by section 8 of the Québec Privacy Act, except where the law permits otherwise.

5. Purposes of Use

We collect, use, and communicate Personal Information for the following identified purposes:

(a) Verifying your identity and assessing the eligibility of your application;
(b) Conducting credit checks, fraud screening, sanctions screening, and anti-money-laundering verification;
(c) Establishing, administering, and servicing your account, loan, or other financial product;
(d) Evaluating your current and ongoing creditworthiness;
(e) Collecting amounts owing and enforcing our rights under any agreement with you;
(f) Communicating with you about your application, account, or our services;
(g) Subject to your consent, marketing products and services that may be of interest to you;
(h) Maintaining business and regulatory records, including those required under the Proceeds of Crime (Money Laundering) and Terrorist Financing Act, S.C. 2000, c. 17 (the “PCMLTFA”);
(i) Detecting, investigating, and preventing fraud, security incidents, and unlawful activity;
(j) Complying with legal and regulatory obligations and responding to lawful requests from public authorities; and
(k) Such other purposes for which we obtain your consent.

We will not use your Personal Information for purposes other than those identified above without first obtaining your consent, except where permitted or required by law.

By submitting Personal Information to us, or by using the Site after being given notice of this Policy, you consent to the collection, use, and communication of your Personal Information for the purposes set out herein. Consent may be express or implied, depending on the sensitivity of the information and the circumstances. Sensitive information (including Biometric Information, financial information, and social insurance number) requires express consent.

You may withdraw your consent at any time, subject to legal or contractual restrictions and reasonable notice, by contacting the Privacy Officer. Withdrawing consent may prevent us from providing certain products or services.

7. Automated Decision-Making

In accordance with section 12.1 of the Québec Privacy Act, where a decision regarding you is based exclusively on the automated processing of your Personal Information, we will inform you at the time of, or before, the decision. You have the right to:

(a) be informed of the Personal Information used to render the decision;
(b) be informed of the principal factors and parameters that led to the decision;
(c) submit observations to a member of our personnel with authority to review the decision; and
(d) request that the Personal Information used be corrected.

Examples of automated decisions we may make include initial credit application triage, fraud-score-based decline, and automated affordability calculations. To exercise your rights, contact the Privacy Officer.

8. Communication of Personal Information to Third Parties

We may communicate your Personal Information to:

Credit reporting agencies and other lenders or creditors, for credit-reference purposes;
Service Providers retained to perform functions on our behalf (identity verification, KYC, instant bank verification, payment processing, document management, hosting, customer support, analytics, marketing automation, collections, insurance, professional services);
Lending partners and other lenders, where you have authorized referral or where you have applied for a product that we arrange rather than fund directly;
Public authorities, regulators, law enforcement, and FINTRAC, where required or permitted by law;
Successors or assignees in connection with a merger, acquisition, financing, securitization, sale, or other disposition of all or part of our business or assets (subject to confidentiality undertakings appropriate to the transaction).

When we entrust Personal Information to a Service Provider, we enter into a written agreement requiring the Service Provider to use the information only for the purposes stipulated, to keep it confidential, to apply appropriate security measures, and to return or destroy it upon completion of the mandate, in accordance with section 18.3 of the Québec Privacy Act.

9. Cross-Border Transfers and Privacy Impact Assessments

Some of our Service Providers are located outside Québec, including elsewhere in Canada and in the United States. Personal Information communicated to those Service Providers may be subject to the laws of the jurisdiction in which they are located, including lawful access by public authorities.

Before communicating Personal Information outside Québec, we conduct a privacy impact assessment in accordance with section 17 of the Québec Privacy Act, taking into account the sensitivity of the information, the purposes of the communication, the protective measures applied (including contractual measures), and the legal framework of the destination jurisdiction. We communicate Personal Information outside Québec only where the assessment establishes that it will receive adequate protection.

10. Retention

We retain Personal Information only for as long as necessary to fulfil the purposes identified, or as required by applicable law (including the PCMLTFA, which requires retention of certain records for at least five years after the end of the business relationship). Specifically:

Application data of declined applicants: 24 months after decline;
Customer account, loan, and KYC records: 7 years following the end of the business relationship or such longer period as required by law;
Biometric templates: destroyed promptly after successful identity verification, and in no case retained longer than necessary for the verification purpose, in accordance with section 44 of the Québec IT Act;
Site analytics and cookie data: as set out in our Cookie Policy (section 11).

When Personal Information is no longer needed, we destroy or anonymize it in accordance with section 23 of the Québec Privacy Act.

11. Cookies and Similar Tracking Technologies

We use cookies and similar technologies (pixels, tags, local storage, server logs) to operate the Site, secure it, analyze its performance, and (with your consent) personalize content and measure marketing effectiveness.

Consistent with section 8.1 of the Québec Privacy Act, technologies that allow you to be identified, located, or profiled are deactivated by default. They are activated only after you provide affirmative consent through our consent management banner, and you can withdraw consent at any time through the “Cookie preferences” link in the Site footer.

| Category | Purpose | Default state |

|---|---|---|

| Strictly necessary | Required for the Site to function (e.g., session, security, load-balancing) | On |

| Functional | Remember your preferences | Off (consent required) |

| Analytical | Aggregate usage statistics | Off (consent required) |

| Marketing / Profiling | Personalized advertising, retargeting, behavioural profiling | Off (consent required) |

A current list of cookies in use, their purposes, providers, and retention periods is available at [Cookie preferences].

12. Security

We implement reasonable physical, administrative, and technical safeguards to protect Personal Information against loss, theft, and unauthorized access, disclosure, copying, use, or modification. These include encryption in transit and at rest, access controls, logging, employee training, confidentiality undertakings, and incident-response procedures. No method of transmission or storage is perfectly secure; we cannot guarantee absolute security.

13. Confidentiality Incidents

In accordance with sections 3.5 to 3.8 of the Québec Privacy Act, we maintain a register of confidentiality incidents and, where an incident presents a risk of serious injury, we notify the CAI and the affected individuals with reasonable diligence.

14. Your Rights

Subject to applicable legal restrictions, you have the right to:

Access your Personal Information held by us (s. 27 of the Québec Privacy Act, s. 8 of PIPEDA);
Rectification of inaccurate, incomplete, or ambiguous information (s. 28);
Withdraw consent (s. 14);
Receive computerized Personal Information that you have provided to us in a structured, commonly used technological format, and request that it be communicated to a person or body authorized by law to collect it (data portability, s. 27 para. 3);
De-indexation of a hyperlink attached to your name where its dissemination causes serious injury and disclosure is not justified by the public interest (s. 28.1);
Be informed about automated decision-making and submit observations (s. 12.1, addressed in section 7 above);
Complain to the CAI (www.cai.gouv.qc.ca) or the Office of the Privacy Commissioner of Canada (1-800-282-1376, www.priv.gc.ca) if you are dissatisfied with our response.

Requests should be addressed in writing to the Privacy Officer. We respond within thirty (30) days as required by section 32 of the Québec Privacy Act. Identity verification may be required before we act on a request.

15. Minors

We do not knowingly collect Personal Information from a minor under the age of fourteen (14) without the consent of the person having parental authority, in accordance with section 4.1 of the Québec Privacy Act. The Site is not directed to minors, and we do not knowingly extend credit to minors.

16. Modifications

We may amend this Policy from time to time. When we do, we will update the “Last updated” date and post the revised Policy on the Site. Material changes will be communicated by reasonable means.

This Part C is the express consent you give when you submit a credit application. By clicking “I consent” (or equivalent) at the time of application, you confirm the following.

I expressly consent, in accordance with section 44 of the Québec IT Act, to Instant Credit (and its identity verification Service Providers acting on its behalf) capturing live images of my face, extracting a digital biometric representation (template), and comparing it against my government-issued identity document for the sole purpose of verifying my identity in connection with my application.

I acknowledge that:

(a) the use of biometric technology is optional, and Instant Credit will offer me a reasonable non-biometric alternative for identity verification on request;
(b) the biometric data collected will be used only for identity verification and will be destroyed promptly after verification, and in no case retained longer than necessary for that purpose;
(c) Instant Credit has declared its biometric system, and where applicable its biometric database, to the CAI as required by sections 44 and 45 of the Québec IT Act; and
(d) I may withdraw this consent at any time by contacting the Privacy Officer, in which case Instant Credit will offer me an alternative means of verification (subject to its ability to verify my identity by other lawful means).

I expressly consent to Instant Credit obtaining a credit report concerning me from Equifax Canada Co., TransUnion of Canada, Inc., and/or any other consumer reporting agency, at the time of application and on an ongoing basis during the term of my account, for the purposes of (i) evaluating my application, (ii) administering my account, (iii) evaluating my ongoing creditworthiness, and (iv) collecting amounts owing.

I further consent to Instant Credit reporting information about my account (including payment history) to credit reporting agencies.

3. Credit Application

By submitting my application, I:

(a) certify that the information provided is true, accurate, and complete, and undertake to provide further information on request;
(b) consent to Instant Credit verifying my information with employers, references, financial institutions, and other third parties identified in my application;
(c) acknowledge that if my application is approved, a written credit agreement will be furnished to me before any credit is advanced, and that the terms of that agreement (including interest rate, fees, payment schedule, and cost of borrowing) will govern the credit;
(d) understand that Instant Credit may decline my application at its discretion, subject to applicable law including the Canadian Human Rights Act and provincial human rights legislation; and
(e) acknowledge that all financing arranged through Instant Credit complies with section 347 of the Criminal Code (Canada), including the criminal interest rate (35% APR for non-commercial loans; 48% APR for commercial loans where the amount of credit advanced is more than $10,000 but not more than $500,000), as in force from time to time.

4. Commercial-Loan-Specific Acknowledgements

Where the credit applied for is a commercial loan (a loan obtained for business purposes by a borrower other than a natural person, or by a natural person solely for business purposes), I acknowledge that:

(a) the loan may be exempt from the consumer-loan criminal interest rate cap in accordance with the Criminal Interest Rate Regulations, SOR/2024-256;
(b) Instant Credit may require personal guarantees from principals, security on personal or business assets, and registration of such security in the applicable registry (RDPRM in Québec; PPSA registries elsewhere in Canada);
(c) consumer-protection statutes (including the Consumer Protection Act (Québec) and equivalent provincial legislation) generally do not apply to commercial credit.

I consent to receive commercial electronic messages (email, SMS, in-app) from Instant Credit and its affiliates concerning products and services that may be of interest to me, in accordance with Canada’s Anti-Spam Legislation, S.C. 2010, c. 23 (“CASL”). Each commercial electronic message will identify the sender, provide a postal address and at least one method of contact, and include a working unsubscribe mechanism. I may unsubscribe at any time by clicking the unsubscribe link in any email, replying STOP to any SMS, or contacting unsubscribe@instant.credit.

I separately consent to being contacted by telephone (including, where I have provided express consent, by automatic dialing-announcing device (ADAD) or pre-recorded message) for marketing purposes, in accordance with the CRTC Unsolicited Telecommunications Rules. Instant Credit screens marketing calls against the National Do Not Call List (DNCL) and maintains an internal do-not-call list. I may be added to Instant Credit’s internal do-not-call list at any time by contacting dnc@instant.credit or (514) 600-0924.

Withdrawal of marketing consent does not affect transactional communications relating to my application, account, or any product I hold with Instant Credit.

6. AML / Source of Funds

I acknowledge that Instant Credit is subject to the PCMLTFA and its regulations. I undertake to provide on request such information and documentation as may be required for Instant Credit to verify my identity, determine beneficial ownership (where applicable), assess source of funds, and conduct ongoing monitoring. I represent that the funds I will receive from any credit advance are for the lawful purposes disclosed in my application.

7. Recording of Communications

I consent to Instant Credit recording or monitoring telephone calls and chat sessions for quality assurance, training, fraud prevention, and dispute resolution. I will be advised at the outset of any call that the call may be recorded.

8. Licensing and Status Disclosures

Instant Credit is a trade name of 9352-1300 Québec Inc.
Instant Credit arranges financing through licensed Canadian lenders; specific approvals and product availability depend on jurisdiction.

PART D — DEFINED TERMS

For the purposes of these Terms and Conditions, the following terms have the following meanings:

“Biometric Information” means information concerning a person’s biometric characteristics or measurements, including a live image of the face and any digital representation or template derived from it, as those concepts are understood under the Québec IT Act.
“CAI” means the Commission d’accès à l’information du Québec.
“Consumer” means a natural person who applies for or holds a product for purposes other than business purposes.
“Personal Information” has the meaning given in section 1.
“Privacy Officer” has the meaning given in Part B, section 2.
“Service Provider” has the meaning given in Part A, section 5.
“Site” has the meaning given in the preamble.

Contact

| | |

|---|---|

9352-1300 Québec Inc. d/b/a INSTANT CREDIT INC. |

| Head office | 9900 Boul. Cavendish, Saint-Laurent (Québec) H4M 2V2 |

| General inquiries | info@instant.credit · (514) 600-0924 |

| Privacy Officer | [INSERT NAME, TITLE] · privacy@instant.credit |

| Unsubscribe (CASL) | unsubscribe@instant.credit |

| Internal Do Not Call | dnc@instant.credit |

| Legal notices | legal@instant.credit |

This document was last reviewed against the Charter of the French Language (Bill 96), the Act respecting the protection of personal information in the private sector (Law 25), the Act to establish a legal framework for information technology (ss. 44–45), the Criminal Code (s. 347, as amended effective 1 January 2025), Canada’s Anti-Spam Legislation*, the CRTC* Unsolicited Telecommunications Rules*, and the* Proceeds of Crime (Money Laundering) and Terrorist Financing Act — in each case as in force on the Effective Date stated above.

Questions about these terms? Email privacy@instant.credit or call (514) 600-0924.

French version: Conditions générales