Terms of Use

These Terms of Use govern your use of the Quantum Capital website only. They are separate from any brokerage agreement, engagement letter, credit application, or other contract that governs the services Quantum Capital provides to its clients, and separate from any agreement you enter into with a lender. Where those documents conflict with these Terms of Use, those documents govern for the matters they cover.

1. Acceptance of these terms

These Terms of Use (the "Terms") are a legal agreement between you and Quantum Capital ("Quantum Capital", "we", "us" or "our") and govern your access to and use of the website located at www.quantcap.ca and any related pages, content, and features (together, the "Site"). By accessing or using the Site, you confirm that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy. If you do not agree, you must not access or use the Site.

2. About Quantum Capital

Quantum Capital is a broker and advisor of debt instruments and debt-financing products, such as lines of credit and other credit facilities. We act as an intermediary that helps borrowers identify, apply for, and arrange debt financing from third-party lenders and financial institutions, and we may provide related advisory services.

We are not a lender. Quantum Capital is not a bank, deposit-taking institution, or direct lender, and we do not make credit decisions or advance funds. All credit is provided by third-party lenders under their own agreements, criteria, rates, and terms. Approval of any financing, and the terms on which it is offered, are determined solely by the applicable lender.

Quantum Capital carries on business in Canada and USA and holds any liscences or registrations required for its activities in those jurisdictions. Nothing on the Site should be taken as a representation that we are able to arrange financing, or are licensed to operate, in any jurisdiction where we are not authorized to do so.

3. Nature of our services; no offer of credit or advice

The Site is provided for general information about Quantum Capital and the types of debt financing we can help arrange. Except where you have entered into a written agreement with us and we are providing services to you under that agreement, nothing on the Site is, or should be relied on as:

•     an offer or commitment to lend, to extend credit, or to arrange any particular financing, or a guarantee that any application will be approved;

•     financial, credit, legal, tax, or accounting advice, or a recommendation that any particular credit product or amount of debt is suitable or appropriate for you; or

•     an approval, a pre-approval, or a binding quote of any rate, fee, limit, or other term.

Any credit product referenced on the Site is subject to lender approval, to the lender’s own eligibility criteria and agreement, and to applicable law, and may be available only to qualifying borrowers in certain jurisdictions. You should review the lender’s disclosure and agreement carefully and obtain independent professional advice before entering into any credit arrangement.

4. Eligibility and jurisdiction

The Site is intended for residents of Canada in jurisdictions where Quantum Capital operates and is authorized to arrange financing, or is otherwise permitted to make the Site available. The Site is not directed to any person in any jurisdiction where the publication or availability of the Site is prohibited or would subject Quantum Capital to any licensing or registration requirement it does not hold. You are responsible for complying with the laws that apply to you. By using the Site you represent that you are of the age of majority in your province or territory of residence and are legally able to enter into these Terms.

5. License to use the Site

Subject to these Terms, Quantum Capital grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Site for your own personal, non-commercial, informational purposes. All other rights are reserved.

6. Acceptable use

You agree not to, and not to allow any other person to:

•     use the Site for any unlawful, fraudulent, or unauthorized purpose, or in breach of these Terms;

•     provide false, inaccurate, or misleading information, including in any inquiry or credit-related application submitted through or as a result of the Site;

•     copy, reproduce, republish, distribute, sell, license, or create derivative works from any part of the Site except as expressly permitted;

•     interfere with or disrupt the Site, its servers, or networks, or attempt to gain unauthorized access to any system or account;

•     introduce any virus, malware, or other harmful code, or use any robot, scraper, or automated means to access or collect information from the Site;

•     misrepresent your identity or affiliation, or harvest or collect information about other users; or

•     use the Site in any way that could damage, disable, overburden, or impair it or interfere with any other party’s use of it.

7. Accounts, log-in credentials, and security

Certain areas of the Site may require you to register or to use log-in credentials. If so, you are responsible for keeping your credentials confidential and for all activity that occurs under your account. You agree to notify us promptly at info@quantcap.ca of any unauthorized use of your account or any other breach of security. We are not liable for any loss arising from your failure to safeguard your credentials.

8. Intellectual property

All content on the Site — including text, graphics, logos, trade-marks, images, data compilations, and software — is owned by or licensed to Quantum Capital and is protected by Canadian and international intellectual-property laws. "Quantum Capital" and our logos are trade-marks of Quantum Capital. Nothing on the Site grants you any right or license to use any trade-mark, logo, or other proprietary content without our prior written consent.

9. Third-party lenders, links, and content

The Site may contain information about, or links to, third-party lenders, financial institutions, and other websites or content that we do not control. We provide these for convenience and information only and do not endorse, and are not responsible for, the products, services, rates, terms, content, privacy practices, or accuracy of any third party. Any credit product you obtain is a contract between you and the lender, governed by the lender’s own terms and policies. Dealing with any third party, and accessing any third-party site, is at your own risk and subject to that party’s own terms.

10. Rates, figures, and product information

Any rates, fees, credit limits, payment amounts, examples, or other figures shown on the Site are for general illustration only, are set by lenders and not by Quantum Capital, may be provided by third parties, and may be estimated, delayed, incomplete, out of date, or inaccurate. Actual rates and terms depend on the lender, on your circumstances and creditworthiness, and on the lender’s assessment, and may differ from anything shown on the Site. We do not warrant the accuracy, completeness, timeliness, or availability of any such information and are not responsible for any decision made in reliance on it.

11. How we are compensated

Quantum Capital may be compensated for its services by means of fees paid by lenders (such as referral fees or commissions), fees charged to you, or a combination, depending on the arrangement and the product. Where required by law or by our agreement with you, we will disclose the nature and, where applicable, the amount or basis of our compensation before you proceed. Our recommendations do not constitute independent financial advice and may be influenced by the products and lenders with which we work.

12. Borrowing acknowledgement

Borrowing money involves cost and obligations. Credit products carry interest, fees, and repayment obligations, and failing to meet those obligations can result in additional costs, loss of any security or collateral, and harm to your credit rating. Whether a particular amount or type of debt is appropriate depends on your own circumstances. You are responsible for reviewing and understanding the lender’s agreement and for ensuring that any financing is suitable for you before you enter into it.

13. Disclaimer of warranties

The Site and all content are provided "as is" and "as available" without warranty of any kind, whether express, implied, statutory, or otherwise, to the fullest extent permitted by law. Without limiting the foregoing, we do not warrant that the Site will be uninterrupted, secure, error-free, or free of viruses or other harmful components, or that any content is accurate, complete, or current. We disclaim all implied warranties, including any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

14. Limitation of liability

To the fullest extent permitted by applicable law, Quantum Capital and its directors, officers, employees, agents, and affiliates will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or credit-related losses, arising out of or relating to your access to or use of, or inability to use, the Site, or to any financing you obtain or fail to obtain, whether based in contract, tort (including negligence), or any other legal theory, even if we have been advised of the possibility of such damages. Nothing in these Terms excludes or limits any liability that cannot be excluded or limited under applicable law.

15. Indemnification

You agree to indemnify and hold harmless Quantum Capital and its directors, officers, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or connected with your breach of these Terms, your misuse of the Site, or any inaccurate or misleading information you provide.

16. Privacy

Your use of the Site is also governed by our Privacy Policy, which explains how we collect, use, and disclose personal information, including credit and financial information. By using the Site and by applying for or requesting our services, you consent to those practices.

17. Electronic communications and consent

By using the Site or providing us with your contact information, you consent to receive communications from us electronically, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing. We will handle commercial electronic messages in accordance with Canada’s Anti-Spam Legislation (CASL).

18. Changes to the Site and to these Terms

We may modify, suspend, or discontinue all or part of the Site at any time without notice. We may also revise these Terms from time to time by posting an updated version on the Site. Changes take effect when posted. Your continued use of the Site after changes are posted means you accept the revised Terms. We encourage you to review these Terms periodically.

19. Termination

We may suspend or terminate your access to the Site at any time, with or without cause and with or without notice. The provisions of these Terms that by their nature should survive termination — including intellectual property, disclaimers, limitation of liability, indemnification, and governing law — will survive.

20. Governing law and jurisdiction

These Terms and any dispute arising out of or relating to them or to the Site are governed by the laws of the Province of Alberta and the federal laws of Canada applicable in Alberta, without regard to conflict-of-laws principles. You irrevocably submit to the exclusive jurisdiction of the courts of the Province of Alberta, subject to any right you may have to bring a proceeding in your home jurisdiction that cannot be waived under applicable law.

21. General

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect. Our failure to enforce any provision is not a waiver of it. You may not assign these Terms without our consent; we may assign them to an affiliate or successor. These Terms, together with the Privacy Policy and any other terms referenced on the Site, are the entire agreement between you and Quantum Capital regarding the Site.

22. How to contact us

Quantum Capital, 10060 Jasper Avenue, Tower 1, Suite 2020, Edmonton, Alberta  T5J 3R8, Canada. Email: info@quantcap.ca