Terms Of Service - Business Credit & Capital

1. Acceptance of These Terms

These Terms of Service (the “Terms”) govern your access to and use of businesscreditandcapital.com, its French-language pages, and any application forms, content, and services offered through it (together, the “Site”). The Site is operated by Business Credit & Capital Ltd. (“BCC,” “we,” “us,” or “our”), with offices at 2967 Dundas St. W. #220D, Toronto, ON M6P 1Z2, Canada, and 464 Kings Hwy, 2nd Floor, Brooklyn, NY 11223, USA.

BCC is affiliated with Advance Funds Network LLC (“AFN”), a U.S.-based business-funding company. References in these Terms to our “funding partners” include AFN.

By accessing the Site, submitting an application or inquiry, or registering as a partner or affiliate, you agree to be bound by these Terms and by our Privacy Policy. If you do not agree, do not use the Site.

If you use the Site on behalf of a business, you represent that you are authorized to bind that business to these Terms, and “you” refers to both you and that business.

These Terms are available in English and French, and both versions are equally authoritative except where applicable law provides otherwise. Les parties ont exigé que les présentes conditions soient rédigées en français et en anglais.

2. Our Services

The Site provides information about, and lets you apply for, commercial financing products for established small and medium-sized businesses, primarily in Canada. These products currently include:

• Working Capital Advances / Working Capital Loans, including revenue-based advances that are purchases of a portion of your business’s future receivables or revenue, repaid through a share of card sales or scheduled daily or weekly debits. A revenue-based advance is not a loan unless the agreement you sign says otherwise.
• Term Loans with fixed repayment schedules.
• Lines of Credit with revolving access to funds.

BCC is a direct funder: in many cases we provide the financing ourselves. If we decline an application or cannot fully serve it, we may refer it to AFN or another funding partner so that another option can be considered (see Section 7).

Amounts, terms, speed of funding, approval rates, and other figures shown on the Site (for example, “same day funding,” “funding within 24–48 hours,” or funding ranges) are general, illustrative descriptions. They are not offers, commitments, or guarantees, and may change without notice.

The Site also offers a Partner program and an Affiliate program for businesses and individuals who refer applicants. Participation in those programs is governed by these Terms and by any separate partner or affiliate agreement you sign; the separate agreement controls where they conflict.

All financing is for business and commercial purposes only. Our products are not offered for personal, family, or household use.

3. Eligibility and Information You Provide

You must be at least 18 years old (or the age of majority where you live) and authorized to act for the business you represent to use the Site or apply for financing.

General eligibility criteria published on the Site (currently: located in Canada, at least 6 months in business, $20,000 or more in monthly business deposits or revenue, and a credit score of 500 or more) are guidelines only. Meeting them does not guarantee approval, and we may change them at any time.

When you submit an application, partner sign-up, affiliate referral, or contact form, you agree that:

1. All information and documents you provide, including bank statements and void cheques, are true, accurate, complete, and belong to the business you represent.
2. You will promptly update us if that information changes before funding.
3. You authorize BCC and its funding partners, including AFN, to verify your information and to obtain and exchange credit information about the business and its owners or guarantors with credit bureaus, financial institutions, references (such as landlords, suppliers, and franchisors), and public records. This may happen before, during, and after our business relationship, as described in our Privacy Policy and permitted by law.
4. If you choose a service that connects directly to your bank account, you authorize us and our service providers to access the bank data you make available through it, for the purposes described in our Privacy Policy.
5. We will ask for a social insurance number or government-issued ID only where it is required for credit reporting, tax reporting, or identity verification, or with your consent.
6. Submitting false, misleading, or fraudulent information may result in rejection, termination of any agreement, and referral to law enforcement.

If you give us information about other people, such as co-owners, guarantors, references, landlords, or employees, or refer an applicant as a partner or affiliate, you confirm that you have their consent to share it with us for the purposes in our Privacy Policy, including to verify information and to receive commercial electronic messages from BCC, and that it was collected lawfully.

If we give you an online account, you are responsible for keeping your login credentials confidential and for all activity under your account. Tell us immediately at (866) 222-9922 if you suspect unauthorized access.

4. No Guarantee of Funding; No Advice

Submitting an application does not guarantee approval or funding. All approvals, amounts, rates, factor rates, fees, holdbacks, and repayment terms are decided case by case through underwriting, at our or our funding partners’ sole discretion.

We may use automated tools, including credit-scoring models and other risk-assessment systems, to evaluate applications. Where a decision is based on automated processing, you may ask for the main reasons and factors behind it and ask that a member of our staff review it, as described in our Privacy Policy.

Any financing you receive is governed solely by the written financing agreement you sign (the “Financing Agreement”). If anything on the Site conflicts with your Financing Agreement, the Financing Agreement controls. Nothing on the Site is a binding offer.

BCC may fund transactions directly or arrange them through its affiliate AFN or other third-party lenders, funders, or partners. Where a third party provides the financing, that party may be the counterparty to your Financing Agreement, and its own terms and privacy practices will apply.

The Site’s content, including blog articles, FAQs, calculators, and statements by our funding specialists, is for general information only. It is not legal, tax, accounting, or financial advice. You should consult your own advisors before entering any financing arrangement.

Testimonials on the Site reflect individual experiences and are not a guarantee that you will get similar results. Statistics such as approval or same-day funding rates are approximate and may not reflect current results.

5. Fees and Payments

There is no charge to browse the Site or submit an application through it. Any fees, costs, factor rates, interest, or charges for financing are disclosed in your Financing Agreement before you sign it, along with any cost-of-credit disclosures required by applicable provincial, state, or federal law.

Repayments, remittances, and any refunds are handled only under the Financing Agreement. Partner and affiliate commissions are paid only under the applicable partner or affiliate agreement and only for referrals that meet its criteria.

BCC will never ask you to pay an upfront fee by gift card, cryptocurrency, or wire transfer to an individual in order to “unlock” an approval. If you receive such a request, do not pay it and contact us at the details in Section 12.

6. Consent to Communications

By submitting your information through the Site, you consent to be contacted by BCC, its funding specialists, and its funding partners about your inquiry, application, or partner/affiliate account. Contact may be by phone call, text (SMS) message, email, or mail, at the numbers and addresses you provide.

Where permitted by law, you also agree that calls and texts may be made using automated technology or prerecorded or artificial voice messages. Consent to marketing calls or texts is not a condition of obtaining financing. Message and data rates may apply, and message frequency varies.

You can withdraw consent at any time: reply STOP to any text, click “unsubscribe” in any marketing email, or contact us using the details in Section 12. We will honour requests within the time required by law, including Canada’s Anti-Spam Legislation (CASL) and, for U.S. recipients, the Telephone Consumer Protection Act (TCPA). We may still send messages needed to service an application or Financing Agreement.

Calls with BCC may be monitored or recorded for quality, training, and compliance purposes.

7. Third-Party Services, Partners, and Links

Some parts of the Site, including the application and contact forms, are provided by third-party service providers and by our affiliate AFN through its online application platform. Information you enter in those forms is transmitted to BCC and may be processed by AFN and those providers on our behalf.

We may share your application, including the documents you provided, with AFN and other lenders, funders, and partners in our network to find financing for you, for example if we decline your application or cannot fully serve it. AFN may likewise refer applications to us. Each of those parties may apply its own underwriting criteria, terms, and privacy practices; AFN’s are governed by U.S. federal and state law. If you do not want your information shared with AFN, contact our Privacy Officer as described in our Privacy Policy.

AFN and some of our service providers are located outside Canada, including in the United States. Information processed there is subject to local law and may be accessed by courts, regulators, and law enforcement in those countries.

The Site links to third-party websites and social media pages (such as Facebook, X/Twitter, and LinkedIn). We do not control and are not responsible for their content, products, or practices. Your use of them is at your own risk and subject to their terms.

8. Intellectual Property and Acceptable Use

The Site and its content, including text, graphics, logos, the “Business Credit & Capital” and “BCC” names and marks, design, and software, are owned by or licensed to BCC and protected by copyright, trademark, and other laws. We grant you a limited, revocable, non-transferable licence to view the Site for your own business use. No other rights are granted.

You agree not to:

• copy, reproduce, resell, or republish Site content without our written permission;
• submit an application or referral for a business you are not authorized to represent, or use another person’s identity;
• use the Site for any unlawful, fraudulent, or deceptive purpose, including money laundering;
• scrape, crawl, or harvest data from the Site by automated means, or interfere with its security or operation;
• upload viruses, malicious code, or spam, or attempt to gain unauthorized access to our systems;
• misrepresent your relationship with BCC, including as a partner or affiliate, or make claims about our products that we have not approved in writing.

We may suspend or block access for anyone who breaches these rules.

9. Privacy

Our Privacy Policy forms part of these Terms. It explains how we collect, use, share, transfer outside Canada, and retain personal information, including credit and banking information and information shared with AFN. It also explains how to access or correct your information, withdraw consent, and request human review of automated decisions. We handle personal information under applicable privacy law, including Canada’s Personal Information Protection and Electronic Documents Act (PIPEDA) and, where it applies, Quebec’s Act respecting the protection of personal information in the private sector (Law 25).

Questions or complaints about privacy go to our Privacy Officer, whose contact details are in the Privacy Policy. If you are not satisfied with our response, you may complain to the Office of the Privacy Commissioner of Canada or, in Quebec, the Commission d’accès à l’information du Québec.

The Site uses cookies and similar technologies, including those of our advertising and analytics partners, to operate the Site, measure campaigns, attribute referrals, and show interest-based ads. You can control cookies in your browser, and you can opt out of interest-based ads as described in the Privacy Policy. The Site, products, and services are intended for businesses and adults, not children.

10. Disclaimers, Limitation of Liability, and Indemnity

Disclaimer. The Site and its content are provided “as is” and “as available.” To the fullest extent permitted by law, BCC disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, accuracy, and non-infringement. We do not warrant that the Site will be uninterrupted, error-free, or free of viruses.

Limitation of liability. To the fullest extent permitted by law, BCC and its officers, directors, employees, agents, and funding partners will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, data, or business opportunities, arising from your use of the Site or any decision not to approve or fund an application. Our total liability for any claim relating to the Site will not exceed CAD $100. This section does not limit liability under a signed Financing Agreement, or any liability that cannot be limited by law.

Indemnity. You agree to indemnify and hold harmless BCC and its officers, directors, employees, agents, and partners from any claims, losses, and costs (including reasonable legal fees) arising from your breach of these Terms, your inaccurate or unauthorized submissions, or your violation of any law or third-party right.

11. Governing Law and Disputes

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada that apply there, without regard to conflict-of-law rules. Subject to the next paragraph, you agree to the exclusive jurisdiction of the courts located in Toronto, Ontario.

Before starting any formal proceeding, you agree to first contact us and try to resolve the dispute informally for at least 30 days. Disputes relating to a Financing Agreement are governed by the law, venue, and dispute-resolution terms in that agreement.

To the extent permitted by law, all claims must be brought in your individual capacity and not as a plaintiff or class member in any class or representative proceeding.

12. Changes, Termination, General Terms, and Contact

Changes. We may update these Terms at any time by posting a revised version on the Site with a new “Last updated” date. Your continued use of the Site after changes are posted means you accept them.

Termination. We may suspend or end your access to the Site, or to the partner or affiliate programs, at any time and for any reason, including a breach of these Terms. Sections 4, 5, and 7 through 12 survive termination.

General. These Terms, the Privacy Policy, and any Financing, partner, or affiliate agreement you sign are the entire agreement between you and BCC about the Site. If any provision is unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them to an affiliate or successor.

Contact us.

Business Credit & Capital Ltd. 2967 Dundas St. W. #220D, Toronto, ON M6P 1Z2, Canada 464 Kings Hwy, 2nd Floor, Brooklyn, NY 11223, USA Phone: (866) 222-9922 Email: [email protected] Privacy questions: our Privacy Officer, as listed in the Privacy Policy.