The following terms and conditions govern your use of both the www.zillidy.com website (the “Website”) and any services provided by Zillidy Inc. (“Zillidy”) or its affiliates, including, but not limited to pledging personal property to Zillidy in exchange for a loan (“Loan” or more broadly “Services”).
Zillidy complies with all regulations governing asset secured loans. Zillidy is a registerd corporation in the province of Ontario. By applying for a Loan, shipping your personal property to our Toronto, Ontario location and agreeing to the Loan agreement, you acknowledge and agreed that the Loan is consummated at our Toronto, Ontario office.
- Amendment. These Terms and Conditions may be amended by Zillidy from time to time. If any material changes to these Terms and Conditions are made you will be notified at the email address provided and the changes will be posted to the Website. You agree that such amended Terms and Conditions will be effective thirty (30) days after being posted or sent to you and your continued access to the Website or use of Services after that time shall constitute your acceptance of the amended agreement.
- Eligible Users. By using the Website or Services you certify that you are a resident of Canada, have reached the age of majority in your jurisdiction of residence and possess the capacity to enter into a legally binding contract. Zillidy is not responsible for any consequences flowing from the use of its Website or Services in a jurisdiction in which the contents of the Website or Services are illegal or prohibited. By using the Website or Services you also agree to indemnify Zillidy for all reasonable losses suffered, including legal costs, in the event that you do not meet the foregoing requirements or in the event that your use of the Website or Services violates any laws or prohibitions in your jurisdiction.
- Our Services. We provide you with an opportunity to apply for a Loan through the Website. All Loans are subject to our approval of your application and our evaluation of the property being pledged. Zillidy reserves the right to refuse any Loan application at any time prior to the completion of the Loan. To apply for a Loan you must complete the Loan application available here (zillidy.com/GetStarted). Please review the Frequently Asked Questions (zillidy.com/FAQ) and the “How it Works” page (zillidy.com/HowItWorks) to learn more about how our process works. The Loan agreement includes information that we are required by law to provide to you, including but not limited to a description of the property, the term of the Loan agreement, the service charge and all fees, the annual percentage rate of interest, how to satisfy your obligations early and the total amount required to satisfy your obligations and redeem your property.
- Restrictions on Services. There are some limitations on our Services. We reserve the right to accept Loan applications in our sole discretion. As described in our FAQ, available at zillidy.com/FAQ, we have a minimum transaction size of $500. We do not accept certain types of property and reserve the right to refuse to accept certain types of property as collateral at our sole discretion. While we attempt to make payments to you within 24 hours of your acceptance of a Loan, this timing is contingent upon your compliance and other factors and Zillidy will not be held liable for any delays resulting from incorrect or incomplete information provided by you or any delays caused by circumstances beyond Zillidy’s control. Zillidy will not accept any items a) from a person who is under the age of majority in their jurisdiction of residence, b) from a person whose identity can not be confirmed by an identification paper or other document, c) sent to any location other than the location specified by Zillidy or d) such as a motor vehicle, a part or accessory of a motor vehicle, a pipe or other metal object used in construction of buildings, a bicycle, a part or accessory of a bicycle, unless the person using the item as collateral for a Loan provides Zillidy with a report of the Toronto Police (or the city in which you reside) establishing that the item was checked by police officers and that it was not reported stolen at the time of verification.
- Fees and other Charges. We charge fees for our Services. You will be given an opportunity to review and accept the fees that will be charged in connection with each Loan. Please review our terms regarding our rates at zillidy.com/FAQ. We will charge you applicable taxes, if any. All fees and currency amounts are quoted in Canadian Dollars. Zillidy may, in its sole discretion, change our standard fees, rates and other charges. Any such changes will be posted on the Website and such amended fees and charges will apply to any Loan entered into after the date of such change.
- Shipping Procedures. Zillidy will provide you with a pre-paid shipping label so that you may ship your property to us via FedEx for free. Alternatively, you may arrange for your own shipping through a carrier of your choice and at your own expense. If you choose to ship your property using your own carrier, insurance against loss or damage must be arranged by you and in the event that your property is lost, stolen or damaged while being shipped to Zillidy it will be your sole responsibility to make any claims against your carrier. If you ship your property using the pre-paid FedEx shipping label provided by Zillidy your property is automatically insured by Zillidy for the current replacement value of your item, as defined by Zillidy in its sole discretion. If you would like your property to be shipped faster than the service provided by Zillidy, you may make these arrangements at your own expense. It is your sole responsibility to retain the shipping receipt from the carrier, regardless of whether you use the shipping services provided by Zillidy or your own carrier. Such receipt must include a unique tracking ID, and such receipt shall be required in case of any insurance claim. You must be able to produce a photograph of your property and have at least one (1) document for each item that can prove your ownership and the current value of your property in order to make an insurance claim. It is your sole responsibility to keep safe all the documents that pertain to your property that may be required to support any possible insurance claim, including, but not limited to, receipts of the purchase, shipping receipts, evaluations, appraisals, certificates, as well as any insurance documents. It is your responsibility to make sure that when you ship your property all your items are appropriately and securely packaged. Zillidy will not be held responsible for any damage to your property during shipping to Zillidy caused by or resulting from insufficient or defective packing. Zillidy reserves the right to reject delivery of any package that appears to be opened, tampered with or damaged. All such items will be returned to sender without further liability to Zillidy. Zillidy will not be responsible to cover losses caused by or resulting from shortage from a package received in good condition with unbroken seals. As well, in order to provide an accurate appraisal of your asset’s value, Zillidy may be required to clean the asset. Although Zillidy takes great care in its handling of your asset, Zillidy will not be held responsible for damage to your asset as a result of the asset’s brittle or broken condition.
When you make a full payment to redeem your property, or decline to proceed with a Loan after you have shipped your property, Zillidy will ship the property back to you using FedEx. The property will be shipped to the postal address listed on the Loan agreement, or in the case of property returned if you decline to proceed with a Loan, the most recent postal address you have provided. If you require the property to be returned to an address that is different than the address reflected on the Loan agreement, you must provide Zillidy with a copy of a current photo ID acceptable to Zillidy that reflects the revised address.
- Acceptable Use. As a condition of your use of the Website, you agree that you will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions. Prohibited uses include, but are not limited to, competitive analysis (including providing screen shots, which are copyrighted material owned by Zillidy), and data mining or “scraping” with the use of specialized software, “robots”, “spiders” or otherwise.
You agree that you will not use the Website, Services or any of your communication with Zillidy to a) abuse, defame, harass, threaten or violate the legal rights, such as privacy, of others in any way, b) attempt to obtain a Loan on any property that you cannot legally use as collateral for a Loan, was misrepresented to Zillidy, and/or if loaned against would cause Zillidy to violate any laws or regulations, provide inaccurate, false or misleading personal information, or violate any applicable laws or regulations (such as those that govern financial services, unfair competition, consumer protections, anti discrimination, false advertising, etc.). Zillidy will cooperate with the legal authorities and internet service providers in providing information about the users who violate this section of these Terms and Conditions.
You agree that you will notify Zillidy immediately about any suspected or known unauthorized use, breach of security, or violation of these Terms and Conditions on or relating to the Website or Services.
- Remedies. In addition to any other remedies, at law or in equity, Zillidy may have for your breach of these Terms and Conditions, we may take the following actions to protect Zillidy, a third party or you from liability: a) we may close, suspend, or limit your access to the Website or Services; b) we may contact law enforcement, or impacted third parties of your actions; c) we may update inaccurate personal information you provided us; and/or d) we may refuse to provide our Services to you.
- Indemnity. You agree to indemnify and hold Zillidy, its agents, directors, offers, employees, affiliates, subsidiaries or suppliers harmless for the claims of any third party arising from your use of the Website or Services, or from your breach of these Terms and Conditions. You further agree to indemnify Zillidy for any legal costs incurred in defending such claims.
- Declaration. You hereby warrant and represent that any property you use as collateral for a Loan from Zillidy is free of any mortgages, liens or other encumbrances. You confirm that the property used as collateral for a Loan from Zillidy belongs to you and that you have the legal authority to dispose of it. In the event of any claim to ownership of the property by a third party, you agree to indemnify Zillidy for any losses or damages incurred, including any legal costs incurred by Zillidy because of that claim.
- Warranty. YOU AGREE THAT USE OF THE WEBSITE AND SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED ON AN “AS IS” AND AN “AS AVAILABLE” BASIS. ZILLIDY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ZILLIDY MAKES NO WARRANTY THAT THE SERVICES AVAILABLE THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS, THAT THEY WILL BE UNINTERUPTED, TIMELY, OR ERROR FREE, NOR DOES ZILLIDY MAKE ANY WARRANTY AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE WEBSITE. NO ADVICE OR INFORMATION THAT YOU MAY OBTAIN FROM ZILLIDY’S AGENTS OR REPRESENTATIVES OR THROUGH THE SERVICES PROVIDED BY ZILLIDY SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
- Limitation of Liability. IN NO EVENT SHALL ZILLIDY, ITS PARENT, AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, OR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE, THE SERVICES OR THESE TERMS AND CONDITIONS (HOWEVER ARISING, INCLUDING NEGLIGENCE AND GROSS NEGLIGENCE). ZILLIDY’S LIABILITY, AND THE LIABILITY OF ITS PARENT, AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN CONNECTION A) WITH THE PERFORMANCE OF SERVICES TO YOU IS LIMITED TO THE GREATER OF THE AMOUNT OF FEES YOU HAVE PAID TO US OVER THE COURSE OF THE LOAN THAT IS THE SOURCE OF THE CLAIM AND $100, B) WITH PROPERTY ON OUR PREMISES DURING THE TERM OF A LOAN IS LIMITED TO YOUR COST TO REPLACE SUCH ITEM LESS THE AMOUNT ADVANCED AS THE LOAN AND ANY OUTSTANDING CREDIT CHARGES C) WITH PROPERTY ON OUR PREMISES PRIOR TO THE TERM OF A LOAN IS LIMTED TO THE VALUE OF SUCH ITEM AND D) WITH RESPECT TO PROPERTY WHICH HAS NOT YET BEEN DELIVERED TO AND ACCEPTED BY ZILLIDY, NONE. YOU ACKNOWLEDGE AND AGREE THAT IF YOUR ITEM IS LOST OR DAMAGED WHILE IN ZILLIDY’S POSSESSION DURING THE TERM OF A LOAN, YOU CANNOT REPURCHASE THE ITEM AND YOUR SOLE REMEDY IS THAT YOU WILL HAVE NO OBLIGATION TO PAY ZILLIDY ANY OF THE FEES OR CHARGES SET FORTH IN THE AGREEMENT.
- Term and Termination. Unless and until terminated by you or Zillidy, your status as an eligible user of the Website or Services will continue indefinitely. Zillidy reserves the right to restrict or deny your access to the Website or Services at any time, with or without cause, and with or without notice. Upon termination of your right to use the Website you will no longer be able to access any data or information you had previously created, managed, maintained or stored with Zillidy. Your obligations pursuant to Sections 9-11, and 14-16, and the survival provision of this Section 13, shall survive the termination of your access or any other agreement between you and Zillidy.
- Governing Law and Dispute Resolution. Your use of the Website or Services, and any agreement entered into between you and Zillidy is governed by the laws of the Province of Ontario, without regard to any conflict of law provisions that would require the application of the laws of any other jurisdiction. You hereby consent to the exclusive jurisdiction of, and venue in, courts located in the Province of Ontario, in all disputes arising out of or relating to the use of the Website and Services. Notwithstanding the foregoing, you agree that Zillidy shall be allowed to apply for injunctive or other equitable relief in any court of competent jurisdiction.
- Improperly Filed Claims. All claims between you and Zillidy must be resolved in accordance with Sections 14-16. All claims filed or brought contrary to this Section shall be considered improperly filed. Should you file a claim contrary to this Section, Zillidy may recover its legal costs from you in responding to such claim.
- Limitation on Actions. You agree that, regardless of any law or statute to the contrary, except where prohibited by law, any claim or cause of action arising out of or related to the use of the Website or Services must be commenced within one (1) year after the cause of action arose, otherwise such cause of action is permanently barred.
- Communications. Much of the communication between you and Zillidy are through electronic means, whether you visit the Website, send us emails, click on a weblink to access the Loan agreement, or whether Zillidy posts notices on the Services or communicates with you via email. For contractual purposes, you a) consent to receive communication from Zillidy in electronic form, and b) agree that all agreements, notices, disclosures, and other communications that Zillidy provides to you electronically satisfy any legal requirement that such communication be in writing. You may also receive a copy of these Terms and Conditions, or any of the documents relating to your use of Services or the Website by emailing us at email@example.com.
- Disclosures. Zillidy is located at 260 Spadina Avenue, Toronto, Ontario, Canada, M5T 2E4. You should note that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Current providers of such protections can be found at: http://en.wikipedia.org/wiki/List_of_Content_Control_Software.
Updated July 27, 2012
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