Legal Terms of Use
Last Updated: August 30 2023
These terms of use (these “Terms”) apply to both your access to, and your use of, the websites, online services or other electronic locations, materials, content or services operated by DOHZY INC., (collectively, “Dohzy” “we” or “us”). This includes https://dohzy.com/ and Dohzy’s corresponding app or other customer-facing interface (as it relates to these Terms, “This Site”). By using This Site, including any content made available through This Site, you accept and agree to be bound by these Terms and all applicable laws and regulations.
We have made an effort to ensure that these Terms reflect, in plain language, your obligations, rights and remedies. While this makes these Terms longer than others might be, it is organized by headers to help you find what you need.
Please read these Terms carefully as they contain important information regarding your legal rights, remedies and obligations, including, but not limited to, various limitations, exclusions and indemnities.
Unless we expressly disclaim any of these Terms in writing, your use of This Site and any Content we provide will always be subject to these Terms.
If you are not willing to comply with every provision of these Terms, you may not use This Site (which includes any materials, content or services made available through it).
Changes to These Terms
How changes happen—We may change or add to these Terms at any time without notifying you, but we will use reasonable efforts to publish each amendment before it becomes effective. We will ensure that the latest version of these Terms are published on, or linked through, This Site. You are responsible for regularly reviewing This Site to obtain timely notice of any additional terms that may apply.
How to reject changes—If any amendment is unacceptable to you, you may terminate your agreement to these Terms by ceasing your use of This Site or any content or materials you have obtained through This Site. This includes closing any Accounts you may have with us.
Your use of changed Terms—If you continue to use This Site after the effective date of an amendment, you will be deemed to have accepted the amended version of these Terms.
Interpretation of these Terms
In these Terms:
the division into sections and the insertion of headings are for convenience of reference only and are not to affect the construction or interpretation of these Terms;
when we use the word “including”, “includes” or the phrase “such as”, or similar phrases, it should be read as “without limitation” or “but not limited to” or similar phrases right after it;
the word “or” does not imply an exclusive relationship between the matters being connected (so it can always be read as “and/or” unless the context requires); and
all references to website addresses or URLs also include any successor or replacement websites containing substantially similar information to the referenced website(s).
Your Use of This Site is Licensed by Us, and is Subject to These Terms
Our license to you—Subject to these Terms, we grant you permission to access This Site through a personal, non-exclusive, non-transferable, limited license to use This Site for transitory, non-commercial purposes, provided that with respect to any materials obtained from This Site, you may not do any of the following without our prior written consent:
modify, copy, reproduce or create derivative works of such materials (except as explicitly provided in connection with those materials through This Site);
use the materials for any commercial purpose;
distribute, sell or transmit the materials;
publicly display, publish or perform the materials (for any purpose, commercial or non-commercial);
attempt to decompile or reverse engineer any software or database contained in or access through This Site; or
remove any copyright or other proprietary notations;
We maintain our rights—All rights not expressly granted to you are reserved by us and, if applicable, our licensors.
What you are permitted to do—You are permitted to provide links to This Site through email, social media, or other similar methods, but you must ensure that such methods do not (i) involve framing or embedding of any portion of This Site within another website or service, (ii) imply any affiliation between you and us, or you and This Site, (iii) portray us or This Site in in a false, misleading, derogatory or otherwise defamatory manner, or (iv) use This Site in a commercial context.
Our Privacy Policy applies to These Terms
Where you can find Our Privacy Policy—Our privacy policy applies to your use of This Site and is available at (“Privacy Policy”) https://dohzy.com/privacy-policy. We may update it from time to time. You may contact us with privacy questions as set out in our Privacy Policy.
You consent to the collection, use and disclosure in accordance with Our Privacy Policy—To the extent permitted by applicable law, by using This Site you consent to the collection, use, disclosure and other handling of your Personal Information as set out in our Privacy Policy https://dohzy.com/privacy-policy .
What Personal Information means—In these Terms, “Personal Information” means information that is about an individual, which, whether independently or in combination with other available information can be used to identify that individual. This includes name, date of birth, address, email address, photographs, videos, sound recordings of individuals, banking information, employment information and any other personally identifiable information about you. Your Eligibility to Use This Site and its Content
You must be legally allowed to use This Site—This Site is intended solely for users who are of the legal age of majority and who reside in a Canadian province or territory where the content of This Site is legally permissible. Any use of This Site by anyone who does not meet those criteria is unauthorized, unlicensed, and will be deemed in violation of these Terms.
What we may do—In our sole discretion, with or without notice to you, we may take actions to protect against such violations, including terminating your Account, deleting or blocking content, or otherwise prohibiting you from using This Site.
Whether we do something or not, we have other rights—Regardless of whether we take action, it does not in any way waive any other legal right or remedy we may have against you.
Your Account
Overview of Accounts—You must create a user account on This Site (an “Account”) to apply for a loan from us (a “Loan”). Only users who reside in a Canadian province or territory and who are of the legal age of majority in their province or territory are eligible for a Loan.
Our Privacy Policy applies to your Account’s Personal Information—All Personal Information collected through your Account will be subject to our Privacy Policy https://dohzy.com/privacy-policy.
Your Account must be yours—You must not register or access an Account on behalf of any individual other than yourself, except for legal entities that are not individuals (such as companies, partnerships, or societies), in which case you may not register or access an Account on behalf of that entity unless you are duly authorized to act for that entity.
Your Account information must be accurate—To ensure that your Account is accurate, we require that you (i) provide true, current and complete Account information as requested by us or our agents from time to time, and (ii) promptly notify us of any changes to your Account information.
You must keep your Account safe—We may assign you, or you may create, a password and Account identification to access and use certain portions of This Site. While we will use reasonable efforts to safeguard Personal Information as set out in our Privacy Policy, you are solely responsible for ensuring that the access credentials to your Account remain secure and confidential and for verifying and monitoring any activity on your Account.
Anything done through your Account is done by you—We will assume that any activity on your Account or use of your Account credentials is authorized and directed by you. You will be legally responsible for all activities that occur on your Account, even if the activity is done without your permission. We have no obligation to investigate the authorization or source of any access or use of This Site that purports to be you, such as activity through your Account.
Please keep us informed if something goes wrong—You must immediately notify us of any unauthorized use of your Account or a breach of security with respect to your Account, any password, or any service provided through it. You must also provide reasonable assistance to us, as requested, to stop or remedy those occurrences. Contact procedures are set out in these Terms, in our Privacy Policy https://dohzy.com/privacy-policy and on This Site.
Third party links are your (and those third parties’) responsibility—If your Account is linked to a third party service, like a payment processor, we may update your information with the information provided through that third party service. We are not responsible for that third party information and it will be governed by your agreement with them.
Rights related to Our Content and Your Content
What “Content” means—In these Terms, “Content” means all materials and content available on or through This Site. This includes designs, editorial, text, graphics, audiovisual materials, multimedia elements, photographs, videos, music, sound recordings, reports, documents, software, information, formulae, patterns, data and any other work. In terms of Our Content, this also includes source code, processes, designs, technologies, URLs, domain names, trademarks and logos forming any part of This Site. Any of your Content that includes Personal Information is also subject to our Privacy Policy, and in the event of any contradiction between these Terms and our Privacy Policy https://dohzy.com/privacy-policy with respect to Personal Information, our Privacy Policy will prevail.
You have no rights in our Content—Except where expressly stated otherwise, all right, title and interest in and to This Site and all Content that you did not provide yourself (“Our Content”) fully belongs to us. Our Content is protected by applicable copyright, trademark, patent, trade secret or other proprietary rights or intellectual property laws and is licensed subject fully to these Terms. You may not use, export or re-export Our Content or any copy or adaptation thereof in violation of any applicable laws or regulations, including export laws and regulations of Canada in force from time to time.
We do not control Third Party Content—This Site may link to or otherwise make available Content from third parties (collectively, “Third Party Content”). That Third Party Content is theirs and not yours, and may be governed by terms and conditions applicable to Third Party Content. Nothing in your use of This Site grants you any right, title or interest in, or ownership over Third Party Content.
Your Content is yours—If This Site contains interactive features that allow you to provide Content we do not claim any ownership over it. Your Content includes Content that you post, upload, input, provide, submit or otherwise transfer to us or to any third party while using the This Site (“Your Content”).
We may use Your Content, and Your Content is prohibited unless we are allowed to use it—While we have the right to use Your Content, we have no obligation to monitor Your Content regardless of any context or disclaimers you provide in connection with Your Content. If you make Your Content available in any way through This Site, we deem that to mean that you:
give us a royalty-free, fully paid-up (meaning we have no obligation to pay you), non-exclusive (meaning you may give it to others), irrevocable and perpetual (meaning that you may not terminate it, which we will explain below), license that is without any territorial or geographic limitation (a “Full License”) to use, copy, distribute, transmit, display, edit, modify, delete, publish and translate (“Use”) Your Content to the extent we reasonably determine it is necessary for us to provide This Site as it may exist in any medium from time to time;
give us a Full License to Use Your Content in order to ensure adherence to, or enforce, these Terms, or to comply with any applicable law;
confirm, represent and warrant to us that you have all right, title and interest, as well as the power and authority necessary, to grant a Full License for us to Use Your Content as set out above; and
agree to indemnify us from any actions, proceedings, claims, liabilities, damages and reasonable expenses (including legal expenses) relating to, or arising from, Your Content, including instances where Your Content (i) infringes any intellectual property rights, or (ii) is deemed inappropriate, profane, defamatory, infringing, obscene or unlawful.
Our obligation to protect Your Content is limited—We will use commercially reasonable security measures to ensure that our personnel only use Your Content in accordance with the Full Licenses granted under these Terms.
If you do not agree to how These Terms deal with Your Content, do not provide it—If you cannot provide Your Content in accordance with these Terms, we prohibit you from using it in connection with This Site.
Deleting Your Content—If permitted by This Site, you may delete Your Content either through This Site or by deleting Your Account. However, you acknowledge and agree that, because your Full License is irrevocable and perpetual, we may retain copies of Your Content for archival or compliance purposes or to otherwise provide This Site to you or others, subject to the conditions of your Full License to us set out above, even if you delete any Account to which Your Content is connected. You may always contact us regarding Your Content as set out in these Terms, This Site or our Privacy Policy https://dohzy.com/privacy-policy .
If you give us feedback, we have the right to use it—If you provide to us any comments, ideas, suggestions or impressions of This Site or our products and services (collectively, the “Feedback”), you give us a Full License to use it for any purpose, regardless of whether we actively solicited the Feedback or not.
We are only responsible for Our Content—You are exclusively responsible for determining the accuracy, suitability, harmfulness or legality of Your Content, even if you did not create it. We do not have any obligation to monitor, censor or review any of Your Content or any Third Party Content, or to monitor use of This Site. If we do decide, in our sole discretion, to review or take any action with Content other than Our Content, we have no obligation to take action in the future.
We may take action if we receive complaints—If we receive a complaint relating to your use of This Site, including as it relates to Your Content or your use of Third Party Content, we may, in our sole and absolute discretion and without notice or liability, investigate the complaint, and censor, alter or remove Your Content, or take any other action that is permitted by applicable law or these Terms. Nothing we do (or fail to do) waives or limits any rights or remedies that we have.
Intellectual Property Notices and Complaints
Copyright Notice—This Site and all Content is owned and copyrighted by us and our licensors, and is licensed to you in accordance with these Terms only. All rights are reserved.
Trademark Notice—The trademarks, logos, and service marks displayed on or through This Site, whether registered or unregistered, are the property of us, our licensors or other third parties. You are not permitted to use trademarks, logos and service marks for any purpose without our prior, written consent.
No use of trademarks implies any endorsement, sponsorship or affiliation—Except as expressly indicated on This Site, no endorsement, sponsorship, affiliation or other authorization is implied by any use of third party trademarks.
Our infringer and repeat infringer policy—We have adopted a policy of terminating, at our sole discretion, the Accounts of users who are deemed to be infringers or repeat infringers of our intellectual property rights or the intellectual property rights of any third party.
Acceptable Use of This Site, and Prohibitions
In addition to any terms or conditions regarding your use of This Site in these Terms, we may require you to agree to additional terms for particular services, products or areas of This Site from time to time. Any such additional terms that you agree to are deemed to be incorporated into these Terms.
Proper conduct (things you must do)—Without limiting anything else contained in these Terms, you must ensure that (i) you only use This Site for lawful purposes, and (ii) if at any time you become aware of any violation of these Terms, by any person or entity under your control, you will immediately notify us and provide us with assistance, as requested, to stop or remedy such violation.
Prohibited conduct (things you must not do)—Without limiting anything else contained in these Terms, you must not, in connection with This Site, directly or indirectly post, upload, reproduce, facilitate, distribute or otherwise transmit any Content or take any action that:
violates any applicable law, statute, order or regulation;
gives rise to civil liability; is obscene, hateful, inappropriate or objectionable, even if the material or its dissemination is lawful; constitutes defamation, harassment, stalking or abuse or abuse of any conduct that violates the legal rights of others;
advocates or encourages violence, abuse, hate or discrimination against a person or group based on age, creed, sex, sexual orientation, gender, family status, marital status, disability, race, ancestry, place or origin, ethnic origin, citizenship, colour, record of offence or association with a person identified by one of these grounds;
constitutes unauthorized or unsolicited communications or other “spam”;
infringes, violates, or misappropriates the personal rights or intellectual property rights of us or any third party;
obtains unauthorized access to, or interferes by any means with, any user, system, network, service or account, including evasion of filters or violation of the security or integrity of any network or system;
harvests, scrapes, or uses any robot, spider, crawler, script or other automated means not provided by us to access This Site or to extract data, collect information or otherwise interact with This Site.
distributes computer viruses, malware, cancelbots, Trojan horses, worms or other harmful or disruptive content of any kind to This Site, regardless of intent; orharvests, scrapes, extracts, collects, or stores Personal Information about others without their express consent.
Terminating or Restricting Your Access to This Site
We may deny your request to create an Account—We reserve the right to deny your request to create an Account at any time in our sole discretion. If we deny your request to create an Account, you will not be permitted to access This Site, including any content made available through This Site.
We have full discretion to terminate at any time—We may, at any time in our sole discretion, suspend, restrict or terminate your use of This Site, including your Account and Your Content, effective at any time, without notice to you. This includes, but is not limited to, situations where (i) the operation or efficiency of This Site or our or any third party’s equipment or network is impaired by your use of This Site, (ii) we receive a third party complaint relating to your use or misuse of This Site, or (iii) you have been or are in breach of any term or condition of these Terms.
Termination affects Your Content and use of This Site—You acknowledge and agree that our termination, curtailment, or suspension of This Site for any reason may result in restricting, disrupting or suspending your or a third party’s access to your Account and Your Content. We will not be held responsible nor liable for any claims of loss resulting from restrictions, disruptions or suspensions. By using This Site, you agree to release us from those claims. If your use of This Site is suspended or restricted, we have no obligation to forward any of Your Content to you or any third party unless required by applicable law. Any suspension, termination or deletion of your Account will be in addition to any and all other rights and remedies that we may have.
General Disclaimers, Limits of Liability and Indemnities
Not a payday lender, loan broker or bank— DOHZY IS NOT A PAYDAY LENDER, LOAN BROKER OR BANK. Our services are intended to assist you with cash flow shortages. We do not advance a Loan in exchange for a post-dated cheque, a pre-authorized debit or a future payment of a similar nature; match you with other lenders; or accept deposits from you.
Disclaimer about internet-based limitations—Your use of This Site depends on the public internet, including networks, cabling, facilities and equipment that is not in our control. Accordingly, (i) we cannot guarantee any minimum level regarding such performance, speed, reliability, availability, use or consistency, and (ii) data, messages, information or materials sent over the internet may not be completely private and your anonymity is not guaranteed.
Disclaimer about third party links—The Content that you may access while using This Site may contain links to other websites or services. These links are provided solely for your convenience and are not endorsed, investigated or verified by us. As a result, we are not liable for any losses suffered connection with these third party links including any damages arising from their products, services, content, privacy practices or any third parties named therein.
Disclaimer about This Site and its Content—All use of This Site and any Content provided by us is to be used at your own risk. This Site and all Content, including all products and services provided under these Terms, are provided on an “AS-IS” and “AS-AVAILABLE” basis. We make no conditions, warranties or representations about the suitability, reliability, usability, security, quality, capacity, performance, availability, timeliness or accuracy of This Site or any Content. We expressly disclaim all conditions, warranties and representations, express, implied or statutory, including implied conditions or warranties of merchantability, fitness for a particular purpose, durability, title and non-infringement, whether arising by usage of trade, by course of dealing, by course of performance, at law, in equity, by statute or otherwise howsoever.
Disclaimer about proprietary, confidential and sensitive information—You should not send any confidential, proprietary or sensitive information about you or others via This Site. We are not responsible for, and will not be liable to you or any one else for any damages in connection with an email, text message, comment, post or any other electronic message sent by you through This Site, or an email, text message, comment post or any other electronic message sent by us or a Third Party to you.
To the maximum extent allowed, we have no liability to you—Notwithstanding any other provision of these Terms, and to the maximum extent permitted by applicable law, in no event will we, our affiliates, or our controlling parties, agents, employees, suppliers, licensors, resellers or distributors (when we refer to “we” or “us” in this “General Disclaimers, Limits of Liability and Indemnities” section, we mean us and all of these people) be liable for any direct, indirect, special, incidental, consequential or punitive damages, or any other expenses, damages or losses whatsoever, including (whether direct or indirect) damages for loss of profits, goodwill, opportunity, earnings, use or data, arising from or related to these Terms, This Site, or any Content or software in connection therewith, regardless of the cause of action and even if one or more of us have been advised of the possibility of such damages or losses, or if such damages or losses would be reasonably foreseeable. It is impossible to fully list the extent of this limit of liability, but, to be clear, to the maximum extent permissible under applicable law, we have no liability whatsoever to you for any other expenses, damages or losses.
Exceptions where (and to the extent) prohibited by law—Some jurisdictions prohibit the disclaimer of certain warranties or conditions or the limitation of certain types of liability, such as those set out in this “General Disclaimers, Limits of Liability and Indemnities” section. To the extent that any disclaimers, exclusions and limitations in these Terms are prohibited by law, such disclaimers, exclusions and limitations will only apply to the extent necessary to make these Terms consistent with such prohibitions.
Indemnity by you—We provide This Site on the basis of these Terms. By using This Site, you agree to indemnify us, and disclaim our responsibility for, any actions, proceedings, claims, liabilities, damages and reasonable expenses (including legal expenses) relating to or arising from (i) access or use, by you or permitted by you, of the This Site or your Account, or (ii) any of your acts or omissions, including breach or non-performance of these Terms and any violation of any third party rights.
General Provisions
Any waiver of our rights and remedies or amendments to this Agreement must be in writing—No waiver of any provision of these Terms is binding unless it is in writing and signed by us. No failure to exercise, and no delay in exercising, any right or remedy, under these Terms will be deemed to be a waiver of that right or remedy. No waiver of any breach of any provision of these Terms will be deemed to be a waiver of any subsequent breach of that provision.
If for any reason some part of these Terms do not apply to you, the rest do—The invalidity of any particular provision of these Terms does not affect any other provision contained herein, but the Terms are to be construed as if the invalid provision has been omitted.
How we will provide notifications to you—Subject to our Privacy Policy https://dohzy.com/privacy-policy we may provide you with notifications via email, in hard copy, through your Account, or through conspicuous posting of such notice on This Site, as we may determine in our sole discretion. We will always comply with relevant anti-spam legislation when doing so.
Applicable Law and dispute mechanisms—These Terms and the rights of the parties hereto are governed by, and construed and interpreted in accordance with, the laws of the Province of Quebec and the laws of Canada applicable therein. You hereby irrevocably submit to the exclusive jurisdiction of the courts of Quebec in connection with any matter arising out of or in connection with these Terms.
These Terms may only be transferred by us—We may, without consent in writing, assign, directly or indirectly, our rights under these Terms. You may not assign these Terms or any of your rights or obligations under them without our prior written consent. These Terms will ensure to the benefit of, and bind you and us and our respective heirs, executors, administrators, personal and legal representatives, successors and permitted assigns. On agreement with an assignee to assume our obligations under these Terms, we will without the necessity of any other documentation, be released from all of our obligations under these Terms.
Where necessary, some parts of these Terms will survive on termination—All provisions of these Terms that, by their meaning or nature, are intended to survive termination or expiry of these Terms shall survive termination or expiration of these Terms.
Our relationship with you—No joint venture, partnership, employment or agency relationship exists between us and you as a result of these Terms or your use of This Site.
These Terms are our entire agreement relating to This Site—These Terms, as amended, including any and all documents, websites, rules, terms and policies referenced herein, constitute the entire agreement between us and you with respect to the matters referred to in these Terms and supersede all prior agreements, negotiations, discussions, undertakings, representations, warranties and understandings whether electronic, oral or written, between us and you with respect to such matters.
English language—The parties confirm that these Terms, as well as any other documents relating to these Terms, including notices, schedules and authorizations, have been and shall be drawn up in the English language only. Les parties aux présentes confirment leur volonté expresse que cette convention, de même que tous les documents s’y rattachant, y compris tous avis, annexes et autorisations s’y rattachant, soient rédigés en langue anglaise seulement.
Questions and Concerns:
If you have any questions or concerns about This Site or these Terms, please contact us at [email protected]
