These Terms of Use and NEWT Account Terms and Conditions (collectively, this “Agreement)” set forth the terms and conditions that apply to your access and use of www.Newtfinancial.com (the “Newt Website”) and the NEWT Account via the Newt Website and Newt’s mobile app (the “Newt App”) as owned and operated by Newt Finance Technology Inc. and its subsidiaries and/or affiliates. Newt Corporation Inc., its subsidiaries, affiliates and, except as otherwise set out in this Agreement, its third-party partners (where you have applied for or obtained a product or service offered by a third party partner such as a Partner Lender) are collectively referred to in this Agreement as “Newt”, “we” or “us”, and the Newt Website, NEWT Account and Newt App are collectively referred to in this Agreement as “Newt Services”. As used in this Agreement, the term “Site” includes all Newt Services websites, including without limitation, the Newt Website, pages that are associated or within each website and all devices, applications or services that Newt operates or offers that link to this Agreement. By accepting electronically (for example, clicking “Sign Me Up” or “Continue”), installing, accessing or using the Newt Services, you agree to be bound by the terms and conditions of this Agreement and Newt’s Privacy Policy, as they may be amended from time to time in the future (see Section 20 below). If you do not agree to this Agreement, then you may not use the Newt Services and must leave the Site immediately.

Acceptance of Agreement

By using the information, tools, features, software and functionality including content, updates and new releases provided by Newt, of the Newt Services, you agree to be bound by this Agreement, whether you are a “visitor” (which means that you simply browse the Site), or a “customer” (which means that you have registered for a NEWT Account with us). The term “you” refers to you in your capacity as a visitor and/or a customer. If you wish to become a customer or want to make use of the Newt Services, you must read and accept this Agreement.

You may not use any of the Newt Services and you may not accept this Agreement if you are not legally authorized to accept and be bound by these terms or are not at least the age of majority in your province or territory of residence and, in any event, of a legal age to form a binding contract with Newt.

Before you continue, you should print or save a local copy of this Agreement for your records.

Terms of Use

Privacy and Your Personal Information

We treat privacy very seriously. Any personal information you provide to us in connection with the Newt Services will be dealt with as described in our Privacy Policy. You can view our Privacy Policy here and on the Site. You agree to the Privacy Policy, and any changes published by Newt. You agree that Newt may use and maintain your personal information according to the Privacy Policy, as part of the Newt Services. You give Newt permission to combine information you enter or upload for the Newt Services with that of other users of the Newt Services and/or other Newt products and services. For example, this means that Newt may use your and other users’ non-identifiable, aggregated data to improve the Newt Services or to design promotions. Newt may access or store personal information in multiple countries, including countries outside of your own country, to the extent permitted by applicable law.

If you apply for or take out a product or service that is offered through a third-party provider (such as a Partner Loan from a Partner Lender, described below), then you may be required to review and consent to that third-party provider’s privacy policy. If this occurs, then that third-party provider’s privacy policy (and not the Newt Privacy Policy) will dictate how the third-party provider uses, stores and shares your personal information. Newt’s Privacy Policy will continue to dictate how Newt uses, stores and shares your personal information.

Description of the Newt Services

The Newt Services may also present you information relating to third party products or services (“Newt Offers”) that you may be interested in. The Newt Services may also provide you general tips, recommendations and educational material.

Permitted Use of the Site

Anyone is welcome to visit and browse the Site. Only persons who are resident in a Canadian province or territory, United states and Mexico where Newt does business and are at least the age of majority in their province or territory of residence may apply for any account, product or services available on or through the Site, including without limitation, a NEWT Account, and by so applying you represent and warrant to Newt 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 Newt 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 Newt may investigate (or have investigated on its behalf) allegations of infringement of third party rights or abuse or any other inappropriate use of the Site.

Newt Offers and Hyperlinks to Third Party Sites

Some parts of the Newt Services are supported by sponsored links from advertisers. The Newt Services may display Newt Offers that may be custom matched to you based on information stored in the Newt Services, queries made through the Newt Services or other information. We may disclose when a particular Newt Offer is sponsored or otherwise provided by a third party.

The Newt Services contain various links to third party websites. These are provided solely for your convenience, and Newt does not endorse such websites 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 website before using such third party websites or acquiring any product or service from them, or providing any personal information to them. YOU ACKNOWLEDGE AND AGREE THAT NEWT 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 WEBSITE OR ANY PRODUCT OR SERVICE OFFERED THEREON.

Your Registration Information

You agree and understand that you are responsible for maintaining the confidentiality of your password which, together with your login e-mail address, allows you to access your NEWT Account. That login email address and password, together with any mobile number or other information you provide form your “Registration Information.”

If you become aware of any unauthorized use of your Registration Information for the Newt Services, you agree to notify Newt immediately.

If you believe that your Registration Information or device that you use to access the Newt Services has been lost or stolen or that someone is using your NEWT Account without your permission, you must notify Newt immediately in order to minimize your possible losses by using the online chat option on the Site or by writing to us at Newt Corporation Inc., 100 King Street West Suite 5700 Toronto Ontario M5H 2L3.

Your Use of the Newt Services

Your right to access and use the Site and the Newt Services is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use the Site and Newt Services for lawful purposes. Accurate records enable Newt to provide the Newt Services to you. You must provide true, accurate, current and complete information about your accounts maintained at other websites, as requested in our Link Bank feature, and you may not misrepresent your Registration Information. In order for the Newt Services to function effectively, you must also keep your Registration Information up to date and accurate. If you do not do this, the accuracy and effectiveness of the Newt Services will be affected. You represent that you are the legal owner of, and that you are authorized to provide us with, all Registration Information and other information necessary to facilitate your use of the Newt Services.

Your access and use of the Newt Services may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Newt Services or other actions that Newt, in its sole discretion, may elect to take. In no event will Newt be liable to any party for any loss, cost, or damage that results from any scheduled or unscheduled downtime.

Your sole and exclusive remedy for any failure or non-performance of the Newt Services, including any associated software or other materials supplied in connection with such services, will be for Newt to use commercially reasonable efforts to effectuate an adjustment or repair of the applicable service.

From time to time, Newt may include new and/or updated pre-release features (the “Beta Features”) in the Newt Services for your use and which permit you to provide feedback. You understand and agree that your use of the Beta Features is voluntary and Newt is not obligated to provide you with any Beta Features. Furthermore, if you decide to use the Beta Features, you agree to abide by any rules or restrictions Newt may place on them. You understand that once you use the Beta Features, you may be unable to revert back to the earlier version of the same or similar feature. Additionally, if such reversion is possible, you may not be able to return or restore data created within the Beta Features back to the earlier version. The Beta Features are provided on an “as is” basis and may contain errors or inaccuracies that could cause failures, corruption or loss of data and/or information from any connected device. You acknowledge and agree that all use of the Beta Features is at your sole risk.

Use with Your Mobile Device

Use of the Newt Services may be available through a compatible mobile device, Internet and/or network access and may require software. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your mobile device and telecommunications provider.
NEWT MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO: (A) THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE NEWT SERVICES AT ANY TIME OR FROM ANY LOCATION; (B) ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND (C) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE NEWT SERVICES.

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

Unless otherwise specified, the Site and all of its elements and contents, including without limitation all graphics, text, logos and elements of design and layout of the Site, and its general look and feel (the “Newt Content”) are subject to copyright, trade mark, and other laws protecting intellectual property, and Newt 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 the Newt 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 this Agreement or as otherwise agreed by Newt in writing, you may not save, copy, print, display, reproduce, distribute, publish, license, resell, modify or create derivative works from, any Newt Content or otherwise use in any manner not expressly permitted herein, any Newt Content. Despite the previous paragraph, without waiving its copyright or any other proprietary rights in any such material, Newt 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 this Agreement 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; and (e) upon notice from Newt 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 Newt 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 website for commercial reasons.

Availability of Site, Products and Services

The Site is visible across the world wide web and can therefore be viewed outside of Newt’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.

Access and Interference

You agree that you will not:
  • Use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor the Newt Services or any portion of the Newt Services, without Newt’s express written consent, which may be withheld in Newt’s sole discretion;
  • Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Newt Services, other than the search engines and search agents available through the Newt Services and other than generally available third party web browsers (such as Microsoft Explorer or Safari);
  • Post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of the Newt Services;
  • Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Newt Services; or
  • Attempt to gain unauthorized access to any portion of the Newt Services.

Rules for Posting

As part of the Newt Services, Newt may allow you to post content on blogs and at various other publicly available locations on the Site. These forums may be hosted by Newt or by one of our third party service providers on Newt’s behalf. You agree in posting content to follow the following rules:

• You are responsible for all content (“Your Content”) you submit, upload, post or store through your use of the Newt Services or the Site. You grant Newt a worldwide, royalty-free, non-exclusive license to host and use any of Your Content provided through your use of the Newt Services. Archive Your Content frequently. You are responsible for any of Your Content that is lost or unrecoverable. You must provide all required and appropriate warnings, information and disclosures. Newt is not responsible for Your Content or data you submit through the Newt Services. You have full responsibility for your Content, including its legality, reliability, appropriateness, originality, and copyright. By submitting Your Content to us, you represent that you have all necessary rights and hereby grant us a perpetual, worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, modify, display, and perform all or any portion of Your Content in connection with the Newt Services and our business, including without limitation, in future modifications of the Newt Services, Beta Features, other products or services, and for promoting and redistributing part or all of the Site and the Newt Services in any media formats and through any media channels. You also hereby grant each visitor a non-exclusive license to access Your Content through the Site, and to use, reproduce, distribute, prepare derivative works of, display and perform Your Content as permitted through the functionality of the Newt Services and under this Agreement.

• You agree not to use, nor permit any third party to use, the Newt Services to: (a) post or transmit any message which is libelous or defamatory, or which discloses private or personal matters concerning any person; (b) post or transmit any message, data, image or program that is indecent, obscene, pornographic, harassing, threatening, abusive, hateful, racially or ethnically offensive, that encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law, or that is otherwise inappropriate; (c) post or transmit any message, data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion; or (d) interfere with other visitors’ and customers’ use of the Newt Services, including, without limitation, disrupting the normal flow of dialogue in an interactive area of the Site, deleting or revising any content posted by another person or entity, or taking any action that imposes a disproportionate burden on the Newt Services infrastructure or that negatively affects the availability of the Newt Services to others.

• Except where expressly permitted, you may not post or transmit charity requests, petitions for signatures, franchises, distributorship, sales representative agency arrangements, or other business opportunities (including offers of employment or contracting arrangements), club memberships, chain letters, or letters relating to pyramid schemes, or any advertising, promotional materials or any other solicitation of other users to use goods or services. The Newt Services may include a community forum or other social features to exchange information with other users of the Newt Services and the public. Newt does not support and is not responsible for the content in these community forums. Please use respect when you interact with other users. Do not reveal information that you do not want to make public. Users may post hypertext links to content of third parties for which Newt is not responsible.

Social Media Sites

Newt may provide experiences on social media platforms such as Facebook®, Twitter®, Instagram® and LinkedIn® that enable online sharing and collaboration among users who have registered to use them. Any content you post, such as pictures, information, opinions, or any personal information that you make available to other participants on these social platforms, is subject to the terms of use and privacy policies of those platforms. Please refer to those social media platforms to better understand your rights and obligations with regard to such content.

Disclaimer of Representations and Warranties

While Newt uses reasonable efforts to include accurate and up-to-date information on this Site, it makes no representations or warranties, and provides no conditions, as to the truth, accuracy, reliability, usefulness, timeliness or completeness of that information. Newt does not guarantee, and provides no warranties or conditions, that the Site or the Newt Services will be sufficient or appropriate for every individual or situation, will be current, uninterrupted or error free. THE SITE, THE NEWT CONTENT AND THE NEWT SERVICES ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS, AND YOU USE THIS SITE AND THE NEWT SERVICES AT YOUR OWN RISK. THE NEWT 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. NEWT 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 AND THE NEWT SERVICES ARE 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. NEWT MAKES NO WARRANTY OR REPRESENTATION, AND PROVIDES NO CONDITION, THAT THE SITE OR THE NEWT SERVICES 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. You are strongly advised to obtain and use appropriate anti-virus and security software. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEWT HEREBY EXPRESSLY DISCLAIMS AND BY USING THIS SITE AND THE NEWT SERVICES YOU WAIVE ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER LEGAL, 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, QUALITY OR FITNESS FOR PARTICULAR PURPOSE OR THE RESULTS THAT MAY BE OBTAINED FROM THE SITE OR THE NEWT SERVICES, WHETHER ARISING FROM STATUTE, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE. THIS SECTION 13 WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS. You specifically agree that Newt will not be responsible for unauthorized access to or alteration of the Site or any of the Newt Services 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 or relating to the Newt Services. You specifically agree that Newt 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 Newt is not responsible for any content sent using or included in the Site or any of the Newt Services by any third party.

How We Protect Your Information Across Borders

Information across borders

We may transfer Information to outside agents or service providers (including our affiliates acting in this capacity) that perform services on our behalf, for example mailing, call center, billing, collections, skip-tracing, marketing, analytics, information technology and/or data hosting or processing services or similar services, or otherwise to collect, use, disclose, store or process Information on our behalf for the purposes described in this Policy. Some of these service providers may be located outside of Canada, including in the United States, and as a result your Information may be processed and stored on servers outside of Canada for the purposes described in this Policy.
Reasonable contractual and other measures we may take to protect your Information while processed, stored or handled by these service providers are subject to applicable Canadian and foreign legal requirements, including lawful requirements to disclose personal information to government and national security authorities in certain circumstances.

Not a Financial Planner, Broker or Tax Advisor

NEITHER NEWT NOR THE NEWT SERVICES ARE INTENDED TO PROVIDE LEGAL, TAX, FINANCIAL PLANNING OR ACCOUNTING ADVICE. NEWT IS NOT A FINANCIAL PLANNER, BROKER OR TAX ADVISOR. The Newt Services are intended only to assist you in managing your finances and are broad in scope. Your personal financial situation is unique, and any information and advice obtained through the Newt Services may not be appropriate for your situation. Accordingly, before making any final decisions or implementing any financial strategy, you should consider obtaining additional information and advice from your accountant or other financial advisers who are fully aware of your individual circumstances.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NONE OF NEWT OR ANY THIRD PARTIES MENTIONED ON THE SITE AND THEIR RESPECTIVE AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, MANDATARIES, LICENSORS, SERVICE PROVIDERS AND REPRESENTATIVES, SHALL BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES INCLUDING LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, FAILURE TO REALIZE EXPECTED SAVINGS OR BUSINESS INTERRUPTION) ARISING FROM OR RELATING TO THE USE (OR INABILITY TO USE) THE SITE, THE NEWT SERVICES, THE NEWT CONTENT, THE INFORMATION ON OR ANY LINK, PRODUCT OR SERVICE AVAILABLE THROUGH THIS SITE OR ANY OF THE NEWT SERVICES, OR ARISING OUT OF ANY ACTION TAKEN IN RESPONSE TO
OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE SITE OR RELATING TO THE NEWT SERVICES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT NEWT IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST NEWT, AND ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, MANDATARIES, LICENSORS, SERVICE PROVIDERS AND REPRESENTATIVES IN RESPECT OF ALL MATTERS REFERRED TO IN THE PRECEDING PARAGRAPH. IF FOR ANY REASON OR IN ANY CIRCUMSTANCE NEWT IS FOUND LIABLE TO YOU, THE MAXIMUM AGGREGATE LIABILITY TO YOU, FOR ANY AND ALL CLAIMS ARISING IN ANY WAY FROM OR RELATING TO THE USE (OR INABILITY TO USE) THE SITE, THE NEWT SERVICES, THE NEWT CONTENT, THE INFORMATION ON OR ANY LINK, PRODUCT OR SERVICE AVAILABLE THROUGH THE SITE OR RELATING TO THE NEWT SERVICES, OR ARISING OUT OF ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE SITE, RELATING TO THE NEWT SERVICES OR OTHERWISE, SHALL BE LIMITED TO CDN$10.00.

Your Indemnification of Newt

You agree to indemnify and hold harmless Newt, its affiliates, directors, officers, agents, mandataries, employees, licensors, service providers and representatives for all losses, damages, expenses and costs, including reasonable legal counsel fees, arising from or in connection with any breach by you of this Agreement and/or your use or misuse of the Site or any Newt Services or Newt Content.

Hyperlinks from Third Party Site

We hereby provide consent to you creating a single hyperlink to any page of the Site, provided that: (a) The content of the website (“your site”) from which you link to the Site is not offensive under, or in breach of, 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, Newt or the relationship between your site and either the Site or Newt; (d) Your site does not disparage or in any way negatively portray Newt, the Site, or any product or service offered by Newt or on the Site; (e) Your site, including the link permitted under this provision, does not infringe on any intellectual property right of Newt. 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 Newt 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 Newt (including any logo or URL of Newt, 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 Newt’s ownership of the intellectual property is clearly displayed; (f) Your site does not, and no other website owned, controlled, or affiliated with you or your site, frames, mirrors, or otherwise displays any portion or content of the Site; and (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 Newt (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. Except as set out in this Section 17, you may not create any link to the Site without our express prior written consent.

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:

Newt 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 Newt Content in question infringes.

Ending Your Relationship with Newt

This Agreement will continue to apply until terminated by either you or Newt as set out below. If you want to terminate this Agreement as it relates to your NEWT Account, you may do so by contacting us to close your NEWT Account. Your NEWT Account will be closed and your ability to log in deactivated within ten (10) days of your request. Your NEWT Account data will be removed as explained in our Privacy Policy.
To remove Newt from your mobile device(s), delete the Newt App. However, deleting the Newt App will not delete your NEWT Account, it will only delete the data from the device. Newt may at any time, terminate its Agreement with you and access to the Newt Services: (a) if you have breached any provision of this Agreement (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of this Agreement); (b) if Newt in its sole discretion believes it is required to do so by law (for example, where the provision of the Newt Service to you is, or becomes, unlawful); or (c) for any reason and at any time with or without notice to you.

You acknowledge and agree that Newt may immediately deactivate or delete your NEWT Account and all related information in or relating to your NEWT Account and/or prohibit any further access to the Newt Services by you. Further, you agree that Newt will not be liable to you or any third party for any termination of your access to the Newt Services. We encourage you to download and retain copies of any agreements relating to the Newt Services before requesting that we close your NEWT Account.

Modifications

Newt reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site or Newt Services with or without notice. Newt reserves the right to change the Newt Services, including applicable fees, in our sole discretion and from time to time. If you do not agree to the changes after receiving a notice of the change to the Newt Services, you may stop using the Newt Services. Your use of the Newt Services after you are notified of any change(s) will constitute your agreement to such change(s). You agree that Newt will not be liable to you or to any third party for any modification, suspensions, or discontinuance of the Newt Services.

Newt may modify this Agreement from time to time. Any and all changes to this Agreement may be provided to you by electronic means (i.e., via email or by posting the information on the Site). In addition, this Agreement will always indicate the date it was last revised. You are deemed to accept and agree to be bound by any changes to this Agreement when you use the Newt Services after those changes are posted.

Governing Law and Forum for Disputes

Except as otherwise specified in the specific terms of any agreement arising through your use of the Site or any of the Newt Services: (a) this Agreement is to be interpreted and governed by the laws of the Province of Ontario and the laws of Canada applicable therein, without reference to principles of conflicts of laws; and (b) the courts located in Toronto, Ontario and the courts of appeal therefrom will have exclusive jurisdiction to hear and decide any and all disputes arising under this Agreement or otherwise arising from or relating to the Site, the Newt Services and/or any Newt Content. In the event that the laws of the Canadian jurisdiction in which you reside require that the laws of such jurisdiction apply to this Agreement and/or a venue located in such jurisdiction to hear all disputes arising under this Agreement, the foregoing governing law and/or venue, as applicable, will not apply to you.

Entire Agreement; Severability; Language

Unless otherwise specified in this Agreement, this Agreement constitutes the entire agreement between you and Newt with respect to the Site and the Newt Services and supersedes all prior or communications and agreements (whether oral, written, or electronic) between you and Newt with respect to the Site and the Newt Services. If any part of this Agreement is held invalid or unenforceable, the remainder of this Agreement will remain in full force and effect. It is the express wish of the parties that this Agreement and all related documents be drawn up in English. C’est la volonté expresse des parties que la présente convention ainsi que tous les documents y afférents soient rédigés en anglais.           

Waiver

Newt’s failure to exercise or enforce any right or provision of this Agreement will not constitute a waiver of that right or provision. All such waivers will be in writing and duly signed by Newt.

Voluntary Limitation Period

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

SUPPLEMENTAL NEWT ACCOUNT TERMS AND CONDITIONS

These supplemental NEWT Account Terms and Conditions apply to the NEWT Account and the benefits provided thereunder, which currently include Saas Services , the Newt Card, Partner Loans, (collectively, the “NEWT Account Benefits”) and will prevail over any conflict or inconsistency with the Terms of Use set out above. Capitalized terms not otherwise defined below have the meanings provided above.

Newt Card

The following terms and conditions are supplemental to the Newt Card Terms and Conditions which can be downloaded. The Newt Card Terms and Conditions will prevail over any conflict or inconsistency with this Agreement.
By registering for a NEWT Account, you will be entitled to receive a free Newt Card, which can be upgraded to a unique  design for an additional cost, as more particularly set out in the Newt Card Terms and Conditions. The Newt Card is currently only available for order through the iOS Newt App to Newt Members with an invite, that have passed identity verification and have an account with one of the supported Canadian banks found here. The Newt Card is intended forindividual use only and is not suited for business use. Newt reserves the right to terminate or suspend your Newt Card for any reason, including if you are using the card for business purposes.
In order to receive your free Newt Card, you must link your bank account using the Link Bank feature in your NEWT Account.
If you load your Newt Card using Interac e-Transfer, then Newt will use commercially reasonable efforts to process your Interac e-Transfer in as little as 30 minutes of Newt receiving funds from your financial institution. In the event of heavy volume of transactions, it could take up to one day to process and fund. Newt reserves the right to reject or hold your Interac e-Transfer for any reason including if the name on your bank account does not match the name in your NEWT Account or if you have not otherwise followed the funding instructions set out in the Newt Card dashboard, including the applicable limits. Newt will not charge a fee for you to load your Newt Card using Interac e-Transfer, however your financial institution may charge fees for using Interac e-Transfer. Newt will not be liable for any fees or charges that youhave paid or may be required to pay your financial institution to load your Newt Card using Interac e-Transfer or as a result of Newt rejecting your Interac e-Transfer.
Funding your Newt Card using is instant and the funds will appear in your Newt Card immediately, however, it generally takes up to four business days for the funds to be debited from your bank account. If you are not eligible to use, it will generally take up to four business days for the funds to be debited from your bank account and to appear in your Newt Card. You must have adequate funds in your bank account for it to be successfully transferred to your Newt Card. If the transfer of the funds from your bank account to your Newt Card fails for any reason (a “Failed Transfer”), we will automatically charge you a non-sufficient funds fee of $25.00 (the “NSF Fee”) and, if you used to fund your Newt Card, deduct an amount equal to the Failed Transfer from your Newt Card. This may result in your Newt Card going into a negative balance and you will be precluded from using your Newt Card until you reimburse us for the Failed Transfer, if applicable, and pay the NSF Fee. If you to fund your NewtCard and you fail to reimburse us for the Failed Transfer and pay the NSF Fee within 72 hours of us notifying you of the Failed Transfer (through a Newt Notification or otherwise), then we will separately debit your bank account for the amount of the Failed Transfer and the applicable NSF Fee in accordance with your PAD Agreement. If this second debit fails for any reason, your Newt Card will be in collections and sent to our Payment Services department. Your bank may also charge you a non-sufficient funds fee in connection with the Failed Transfer.
If you take out a Newt Money loan or a Partner Loan, you may have the option to request that the proceeds of your Newt Money loan be added to your Newt Card. Please refer to your loan agreement for details.
Newt reserves the right to terminate or suspend your participation in the Newt Cashback Rewards program, cancel and purge your Cashback Rewards without compensation to you upon: (i) fraud or abuse by you of the Newt Services; (ii) misrepresentation of information to us; or (iii) failure by you to comply with the relevant Terms and Conditions of the Newt Services.