Terms of use.

1. Agreement to terms

These Terms of Use (the "Terms") form a binding legal agreement between you and Nex Financial Inc. ("Nex Financial," "we," "us," or "our"). By accessing or using the website at nexfinancial.ca and any related online portal or service (collectively, the "Site"), you confirm that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy and Disclosures. If you do not agree, please do not use the Site.

2. Our role as a brokerage

Nex Financial is a commercial finance brokerage. We do not lend our own capital. We receive applications from Canadian businesses, structure them, and submit them to a network of third-party lenders, equipment finance companies, factoring companies, and other funders. Whether your application is approved, on what terms, and at what price is determined by those third parties under their own underwriting policies. Nothing on the Site is a binding offer of credit. Any offer of credit will be made by the funding party in writing, in a separate signed document.

3. No financial, legal, or tax advice

Examples and figures shown on the Site (rates, terms, approval timelines, monthly payments) are illustrative ranges based on past files. Your actual terms will depend on your business profile, the lender, and prevailing market conditions at the time of underwriting.

4. Applications and information you submit

When you submit an application, business documents, or other information through the Site, you represent and warrant that:

• The information is true, accurate, current, and complete to the best of your knowledge.
• You have the authority to submit it on behalf of the business named in the application.
• You consent to our processing the information for the purposes set out in our Privacy Policy, including sharing it with prospective lenders in our network.
• You will promptly notify us if any material information changes before the facility funds.

Submitting an application does not create a contract with Nex Financial. Nex Financial may decline, in its sole discretion, to advance any application to lenders.

5. Eligibility

The Site and our services are intended for use by businesses operating in Canada and by individuals acting on behalf of those businesses. You must be at least the age of majority in your province or territory of residence and have the legal capacity to enter into binding contracts.

6. Prohibited use

You agree not to:

• Use the Site for any unlawful purpose or to facilitate illegal activity, including money laundering, terrorist financing, or fraud.
• Submit applications using stolen, fabricated, or another person's identity or business information.
• Reverse engineer, decompile, scrape, or attempt to extract the source code of the Site or its underlying systems beyond what is permitted by law.
• Interfere with the operation of the Site, including by introducing malware, denial-of-service attempts, or unauthorized automated traffic.
• Use the Site or any of its content to develop a competing product or to train a third-party AI model (other than for purposes permitted by Nex Financial in writing or by applicable AI-crawler standards published in our robots.txt).

7. Intellectual property

All content on the Site — including text, design, layout, graphics, logos, schema, source code, downloadable files, and the "Nex Financial" word and logo marks — is owned by or licensed to Nex Financial and protected by Canadian and international intellectual property laws. You may view and print pages for your own internal business use. You may not copy, reproduce, republish, sell, sublicense, or commercially exploit any portion of the Site without our prior written consent. We reserve all rights not expressly granted.

8. Third-party links and services

The Site may link to third-party websites (including lenders, regulators, and industry associations). We provide those links as a convenience and do not endorse, control, or assume responsibility for their content, privacy practices, or terms.

9. Site availability

We aim to keep the Site available continuously but make no guarantee of uptime. We may, without notice, modify, suspend, or discontinue any part of the Site, including the application portal, for maintenance, security, or business reasons.

10. Disclaimers

To the fullest extent permitted by law, the Site and its content are provided "as is" and "as available" without warranties of any kind, whether express, implied, statutory, or otherwise — including warranties of merchantability, fitness for a particular purpose, accuracy, non-infringement, security, or uninterrupted availability. We do not warrant that the information on the Site is current or will achieve any particular result.

11. Limitation of liability

To the fullest extent permitted by law, in no event shall Nex Financial, its affiliates, directors, officers, employees, or agents be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, business, or goodwill, arising out of or related to your use of the Site, even if advised of the possibility of such damages. Our aggregate liability for any direct damages arising out of or related to the Site is limited to one hundred Canadian dollars (CAD $100).

Some provincial laws do not allow certain limitations of liability. To the extent any limitation in these Terms is found unenforceable, our liability is limited to the maximum extent permitted by law.

12. Indemnity

You agree to indemnify and hold Nex Financial and its affiliates harmless from any claim, demand, loss, or expense (including reasonable legal fees) arising out of (a) your breach of these Terms, (b) information you submit that is false, misleading, or infringes a third party's rights, or (c) your unlawful use of the Site.

13. Changes to these terms

We may revise these Terms from time to time. The "Last updated" date above reflects the latest version. Material changes will be communicated through a prominent notice on this page. Your continued use of the Site after the effective date of any change constitutes acceptance of the revised Terms.

14. Governing law and disputes

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable in Ontario, without regard to conflict-of-laws rules. The courts of Ontario sitting in Toronto have exclusive jurisdiction over any dispute arising out of or related to these Terms or your use of the Site, and you consent to that jurisdiction.

15. Contact

Questions about these Terms? Reach us at:

Nex Financial Inc.
3080 Yonge Street, Suite 6060
Toronto, ON M4N 3N1
Email: legal@nexfinancial.ca
Phone: (855) 900-0639

See also: Privacy Policy · Disclosures