HolidayAdvanceFunds, its owner and operator (referred to as "HolidayAdvanceFunds.com," "we," "us," or "our"), provide loan referral services through our website at HolidayAdvanceFunds.com (the "Site"). Your use of the Service is governed by these Terms and Conditions of Use ("Terms"). By accessing or using the Site, or any part of the Service, you acknowledge that you have read, understood, and agree to abide by these Terms. If you do not agree with these Terms, please refrain from accessing or using the Service.
PLEASE READ THESE TERMS & CONDITIONS CAREFULLY. THEY INCLUDE AN AGREEMENT TO RESOLVE DISPUTES THROUGH ARBITRATION AND OTHER IMPORTANT LEGAL INFORMATION ABOUT YOUR RIGHTS AND RESPONSIBILITIES. THE ARBITRATION AGREEMENT REQUIRES THAT YOU SUBMIT CLAIMS AGAINST US TO BINDING ARBITRATION, LIMITS YOUR ABILITY TO JOIN CLASS ACTIONS OR SEEK RELIEF ON A CLASS BASIS, AND MAY PREVENT YOU FROM HAVING YOUR CLAIMS RESOLVED IN COURT.
TERMS AND CONDITIONS
Loan Referral Service
Our loan referral service (referred to as the "Service") links individuals with potential lenders within our network (known as the "Lender Partners"). To utilise the Service, you are required to fill out an online request form (referred to as a "Request Form"), which will collect personal details from you, including your name, address, phone number, email address, social security number, banking information, and employment details. We encourage you to review our privacy policy located at Privacy Policy ("Privacy Policy"). The Privacy Policy's provisions are integrated into and considered an integral part of these Terms of Use.
Credit Decisions
HolidayAdvanceFunds operates as a connection platform and does not engage in lending activities or make credit judgments. We cannot assure you that any of our Lender Partners will extend a loan offer to you, nor can we guarantee the specific terms or conditions of any loan offer. The pricing, product options, availability, interest rates, and fees provided by Lender Partners through our Service may not necessarily represent the most advantageous terms available in the market. When you submit a Request Form, HolidayAdvanceFunds shares the information you provide with our network of Lender Partners. By submitting a Request Form, you are essentially expressing your interest in receiving loan offers from these Lender Partners. You also consent to be contacted by HolidayAdvanceFunds and the Lender Partners via various communication channels, including email, telephone, SMS, and direct mail. This contact may be for the purpose of assisting with your Request Form or to provide information about current or future loan offers.
Upon receiving your Request Form, Lender Partners evaluate your information in real time to determine whether it aligns with their underwriting criteria. As part of this assessment, they may conduct a credit check based on the information provided in your Request Form. This credit check can take one of two forms: a formal credit inquiry, which leaves a record on your credit report and could impact your credit score (referred to as a "Hard Check"), or an informal inquiry that does not affect your credit standing (known as a "Soft Check"). These credit checks may be performed through major credit bureaus like TransUnion, Equifax, or Experian or through alternative credit reporting agencies and data aggregators such as Microbilt, Teletrack, DP Bureau, or DataX. By submitting your Request Form, you grant Lender Partners the authority to review, validate, and analyse your information in accordance with their practices. Should a Lender Partner determine that your Request Form aligns with their underwriting criteria, you will be redirected to the lender's website. It is important to understand that once redirected, HolidayAdvanceFunds no longer plays a role in the loan application or decision-making process. Your interactions with the lender will be governed by the lender's specific privacy policy, terms of use, and other applicable policies or terms.
Electronic Disclosure Agreement
Upon submitting your Request Form, you are providing your consent to receive notifications, disclosures, and various documents and communications, both from HolidayAdvanceFunds and our affiliated Lender Partners. In the event of a connection with a Lender Partner, you may be required to execute an electronic loan contract. This digital loan agreement holds the same legal authority as a traditional paper-based loan contract, with your electronic signature deemed as valid as a physical signature on a printed contract.
Furthermore, the lender may seek your authorisation to transmit all loan-related notifications to you in electronic format, including those related to debt collection activities.
Additionally, you may be obligated to access loan-related documents, including the loan contract, through electronic means. By submitting your Request Form, you signify your acceptance of this method for document access.
Please be aware that the lender may provide an option to revoke your consent for electronic disclosures. To gain more insight into this process, please contact the specific lender with whom you have been matched. However, it is essential to note that declining electronic disclosures may have an impact on your eligibility to receive a loan from a Lender Partner.
Precision
Your representation of information in your Request Form, both to HolidayAdvanceFunds and subsequently to
the Lender Partners, must be accurate and honest. Should any inaccuracies or falsehoods be
detected in your Request Form, HolidayAdvanceFunds reserves the authority to deny, suspend, or terminate
your access to the Service.
Control Over Features, Functions, and Service Accessibility
HolidayAdvanceFunds retains the prerogative to alter any aspect of the Service, including its
information, features, and functions, without prior notification. If, at its sole discretion,
HolidayAdvanceFunds determines that your behaviour or activities transgress these Terms, infringe upon
HolidayAdvanceFunds's rights or those of any third party, or are otherwise deemed inappropriate,
HolidayAdvanceFunds may revoke your access to some or all of the Service without prior notice. Please be
aware that HolidayAdvanceFunds is not liable for any errors or delays in Service delivery arising from
inaccuracies within your Request Form or due to technical challenges beyond reasonable control.
Disclaimers and Constraints
The website and its associated information, software, products, and services are presented "as
is." HolidayAdvanceFunds explicitly disclaims any form of warranty, whether express or implied,
concerning any aspect of the website and the information, software, products, or services
provided herein. This includes, but is not limited to, warranties of title, non-infringement,
merchantability, or fitness for a specific purpose.
HolidayAdvanceFunds does not guarantee the
outcomes that may result from utilising the website and the associated information, software,
products, and services. The utilisation of the website or the service is undertaken at your own
risk.
HolidayAdvanceFunds, its Lender Partners, advertisers, and any of their officers, directors,
agents, subsidiaries, affiliates, employees, successors, assigns, content providers, or service
providers will not be held liable for any direct, indirect, incidental, consequential, special,
punitive damages, or other harm arising from or connected with the utilisation of the website or
the service. This includes delays or the inability to use the website or any information,
software, products, or services obtained through the website, regardless of whether such harm
arises from breach of contract, tortious behaviour, negligence, strict liability, or otherwise,
even if HolidayAdvanceFunds or the Lender Partners have been informed of the possibility of such
damages.
HolidayAdvanceFunds does not endorse or recommend the products of any specific lender.
HolidayAdvanceFunds is not your agent or an agent of any participating lender. HolidayAdvanceFunds is not
involved in the lender's examination or use of your Request Form information or in determining
whether you meet a particular lender's underwriting criteria. The lender bears sole
responsibility for its services to you, and you acknowledge that HolidayAdvanceFunds will not be
responsible for any damages or costs of any nature associated with your use of the service. You
understand that Lender Partners may retain your Request Form information, whether or not you
qualify for a loan with them.
In some states, limitations on liability and disclaimers of
implied warranties may not apply to you. In such states, the respective liability of
HolidayAdvanceFunds, the Lender Partners, and their officers, directors, agents, subsidiaries,
affiliates, employees, successors, assigns, content providers, and service providers is
restricted to the maximum extent permissible by law.
Disputes and Resolution
Any dispute originating from or related to your use of or access to this Site and its services
is governed by the state of California. Disputes will be settled exclusively and finally by
arbitration according to the commercial arbitration rules of the American Arbitration
Association then in effect at the time of the dispute in Los Angeles. The arbitrator shall have
the power and authority to award damages connected with a Dispute which may not exceed actual
compensatory damages and shall not multiply actual damages or award consequential, exemplary, or
punitive damages. In addition, each party irrevocably waives any claim thereto. Any award shall
be conclusive and final. An arbitration agreement should not be understood as an agreement to
the consolidation or joinder of an arbitration under this agreement with an arbitration of
claims or disputes of any non-party, regardless of the nature of the disputes.
The Terms provided here state that all disputes between You and this Company will be resolved
through arbitration. As a result, You forego your right to assert or defend your rights or go to
court. You also forego the right to be part of or originate a class action suit. Your applicable
rights will be decided by neutral arbitrators, not by a court of law, judge, or jury. By using
the Company
s Site and services, You agree to these restrictions and conditions. If the
arbitration provisions contained here become unenforceable or inapplicable, or in the event of
any lawsuit between You and this Company or its Site, You agree that jurisdiction of this and
any suit shall rest exclusively in the federal and state courts in California. You also agree
that any actions or claim related to use of the Site or the Company
s services must be
filed within one (1) year after the said action, cause, or claim, or else be forever barred.
Indemnity
To use the Website or the Services, you are required to accept the responsibility of
indemnifying HolidayAdvanceFunds and the Lender Partners. This commitment entails safeguarding,
protecting, and absolving them from any and all liabilities, expenses (inclusive of legal fees),
and damages arising from claims resulting from your utilisation of the Website. These claims may
encompass allegations that, if proven true, would constitute a breach of these Terms on your
part.
Hyperlinks to External Websites
Within the Website, you may encounter links leading to other websites managed by Lender Partners
or third-party entities. These links are provided exclusively for your convenience and as a
point of reference. It is important to note that HolidayAdvanceFunds neither administers nor exercises
control over any information, software, products, or services accessible on these third-party
websites. The inclusion of a hyperlink to a website by HolidayAdvanceFunds does not signify an
endorsement of the services or the website itself, its contents, or the entity responsible for
its operation.
Resolution of Disputes through Binding Arbitration
PLEASE CAREFULLY REVIEW THIS SECTION, AS IT HAS SIGNIFICANT LEGAL IMPLICATIONS.
a. Agreement to Arbitrate
This Dispute Resolution via Binding Arbitration section is denoted as the "Arbitration
Agreement" within these Terms. By accepting these Terms, you acknowledge and consent to the
exclusive resolution of any disputes or claims, both existing and potential, between you and
HolidayAdvanceFunds. These disputes or claims may arise in connection with these Terms (including any
alleged breaches thereof), the Service, advertising, or any aspect of our relationship or
transactions. Such resolutions will be conducted through binding arbitration, not in a court of
law, and will be governed by the terms outlined in this Arbitration Agreement. The only
exception is for individual claims, which you may assert in a small claims court if they meet
the necessary criteria. Moreover, please note that this Arbitration Agreement does not prohibit
you from reporting issues to relevant federal, state, or local agencies, and where applicable by
law, these agencies may pursue remedies against us on your behalf. By agreeing to these Terms,
you and HolidayAdvanceFunds mutually forfeit the right to a jury trial or participation in class action
lawsuits. Instead, a neutral arbitrator, rather than a judge or jury, will determine your
rights. The Federal Arbitration Act governs the interpretation and enforcement of this
Arbitration Agreement.
b. Prohibition of Collective Actions and Non-Individualized Remedies
Both you and HolidayAdvanceFunds mutually agree that any claims against each other must be pursued
solely on an individual basis and not as part of a class or representative action or proceeding.
Unless there is mutual agreement to the contrary, the arbitrator is not permitted to consolidate
or combine the claims of multiple individuals or parties, nor can they oversee any form of
consolidated, representative, or class proceeding. Furthermore, the arbitrator may grant
remedies (which may include monetary, injunctive, or declaratory relief) solely in favour of the
individual seeking relief and only to the extent necessary to address the issues raised by that
individual's specific claim(s). However, it is important to note that under applicable law, you
retain the right to bring, and the arbitrator may award public injunctive relief as required for
the enforceability of this provision.
c. Attempting Resolution Prior to Arbitration
Our primary aim is to efficiently and amicably resolve disputes, and most customer concerns can
be swiftly and satisfactorily addressed by reaching out to our customer support team at
info@HolidayAdvanceFunds.com. In cases where these initial efforts do not lead to a resolution, both you
and HolidayAdvanceFunds concur that the party seeking to initiate arbitration must first dispatch a
written Notice of Dispute ("Notice") to the other party via certified mail. Within the Notice,
you must (i) elucidate the nature and basis of the claim or dispute and (ii) specify the
particular relief being sought. If, within a period of sixty (60) calendar days following Notice
receipt, the issue remains unresolved between HolidayAdvanceFunds and you, either party may then proceed
to instigate an arbitration process. It is important to note that, during arbitration, any
settlement offers extended by either party will remain confidential until the arbitrator
determines the amount, if any, to which you or HolidayAdvanceFunds are entitled.
d. Arbitration Protocols
Unless you and HolidayAdvanceFunds mutually agree in writing to utilise an alternate arbitration entity
or adopt different arbitration protocols, any arbitration proceedings involving you and us will
be overseen by an impartial arbitrator following the guidelines and procedures stipulated by the
American Arbitration Association ("AAA"). These procedures encompass the AAA's Consumer
Arbitration Rules (collectively referred to as the "AAA Rules"), subject to alterations as
specified in this Arbitration Agreement. For comprehensive information concerning the AAA,
please consult their official website at http://www.adr.org. Detailed insights into the AAA
Rules and the associated fees for consumer disputes can be accessed via the AAA's consumer
arbitration page at https://www.adr.org/consumer. In the event of any inconsistency between the
provisions of the AAA Rules and those within this Arbitration Agreement, the relevant terms
within this Arbitration Agreement shall take precedence unless the arbitrator determines that
enforcing the conflicting terms would compromise the fundamental fairness of the arbitration
process. Furthermore, the arbitrator is bound to adhere to the clauses outlined in these Terms
to the same extent as a court would. The jurisdiction of the arbitrator extends to all matters,
including those pertaining to the scope, enforceability, and arbitrability of this Arbitration
Agreement. Although arbitration proceedings are generally more streamlined than trials and other
legal procedures, the arbitrator possesses the authority to grant identical damages and relief
to an individual as a court can provide under these Terms and applicable legal principles.
Decisions rendered by the arbitrator hold weight in court and can only be overturned by a court
under exceedingly restricted circumstances.
Unless HolidayAdvanceFunds and you arrive at an alternative arrangement, arbitration hearings will
transpire at a reasonably convenient location that takes into account the respective parties'
ability to travel and other relevant considerations. In instances where the parties cannot reach
an agreement on the venue, the determination will be made either by the AAA or the arbitrator.
For claims amounting to $10,000 or less, HolidayAdvanceFunds acknowledges your entitlement to opt for an
arbitration process based solely on submitted documents, conducted via telephonic means, or held
in person in accordance with the AAA Rules. In cases where the claim exceeds $10,000, the right
to a hearing will be subject to the provisions of the AAA Rules. Irrespective of the chosen
arbitration method, the arbitrator will provide a thorough written decision that effectively
outlines the crucial findings and conclusions underpinning the award.
e. Arbitration Expenses
All expenses related to the filing, administration, and arbitrator fees, collectively referred
to as "Arbitration Fees," will be subject to the regulations stipulated in the AAA Rules unless
otherwise specified in this Arbitration Agreement or agreed upon separately by the parties
involved. If the relief sought amounts to $75,000 or less, you have the option to request that
HolidayAdvanceFunds cover all Arbitration Fees. In cases where the relief sought exceeds $75,000, and
you can demonstrate to the arbitrator that covering your share of the Arbitration Fees would be
economically challenging, or if the arbitrator, for any reason, deems it unjust for you to bear
these costs, HolidayAdvanceFunds will assume responsibility for your portion of these fees. If you can
persuade the arbitrator that the costs associated with arbitration would significantly outweigh
the costs of pursuing litigation, HolidayAdvanceFunds will cover the Arbitration Fees to the extent
determined necessary by the arbitrator to prevent the arbitration process from becoming
financially prohibitive. Any reimbursement of attorneys' fees will adhere to the guidelines
outlined in the AAA Rules.
f. Privacy
The entirety of the arbitration proceedings, along with any rulings, determinations, or awards
issued by the arbitrator, will be treated with the utmost confidentiality for the benefit of all
parties involved.
g. Severability
In the event that a court or the arbitrator determines that any provision or term within this
Arbitration Agreement (excluding subsection (b) titled "Prohibition of Class and Representative
Actions and Non-Individualized Relief" above) is unenforceable or invalid, both parties will
agree to replace the specific provision or term with a valid and enforceable alternative that
aligns with the original intent of the invalid or unenforceable provision or term. Under such
circumstances, this Arbitration Agreement will remain in effect with the necessary
modifications. If a court or the arbitrator finds that any provisions within subsection (b)
titled "Prohibition of Class and Representative Actions and Non-Individualized Relief" are
unenforceable or invalid, the entire Arbitration Agreement will become void unless these
provisions are specifically deemed unenforceable or invalid solely in relation to claims seeking
public injunctive relief. The remaining provisions of these Terms will continue to be valid.
h. Future Amendments to the Arbitration Agreement
Despite any contrary provisions within these Terms, HolidayAdvanceFunds agrees that if it makes any
future alterations to this Arbitration Agreement (excluding changes to the Notice Address) while
you are utilising the Service, you retain the right to reject these modifications. To do so, you
must notify HolidayAdvanceFunds in writing within thirty (30) calendar days of the alteration, using the
Notice Address provided above. By rejecting any future changes, you affirm your commitment to
resolving any disputes between us through arbitration in accordance with the language of this
Arbitration Agreement as of the date you initially accepted these Terms (or any subsequent
changes to these Terms).
Privacy
We kindly request you to thoroughly review our privacy policy accessible at Privacy Policy
("Privacy Policy"). The clauses within the Privacy Policy form an integral part of and are
integrated into these Terms of Use.
HolidayAdvanceFunds Electronic Signatures, Records, and Disclosures Notice ("E-Consent")’
We encourage you to carefully consider the following information. To provide you with our
service, you may need to utilise and consent to electronic signatures, records, and disclosures.
Upon accepting this E-Consent Notice, HolidayAdvanceFunds may engage with you through electronic means,
including the transmission of electronic notifications related to your interactions and
transactions. By acknowledging this E-Consent Notice, you are also granting your consent to
enter into legally binding commitments through electronic signatures, which carry the same legal
validity as physical paper signatures.
SMS Terms & Conditions
By providing your mobile phone number, you consent to receive SMS communications from both
HolidayAdvanceFunds and our Lender Partners. These SMS messages may include a follow-up message
containing a link to your completed loan Request Form, payment reminders sent by our Lender
Partners, as well as future offers.
If you require additional assistance, please don't hesitate to reach out to us at
info@HolidayAdvanceFunds.com.
Please note that standard message and data rates may apply. HolidayAdvanceFunds is not liable for any
charges that may be imposed by your wireless carrier or other third parties for your use of this
service.
It's important to understand that messages may experience delays or may not be delivered for
various reasons. Carriers bear no responsibility for any messages that encounter delays or
remain undelivered.
Additional TermsRemedies
These Terms represent the complete agreement between you and HolidayAdvanceFunds. They are governed by
California law, regardless of any conflicts of law principles. If any part of these Terms is
found unenforceable under applicable law, the invalid provision will be replaced with a valid
and enforceable provision that closely aligns with the original intent, and the rest of these
Terms will remain in effect. The failure of HolidayAdvanceFunds to enforce any right or provision in
these Terms does not constitute a waiver of that right or provision. HolidayAdvanceFunds reserves the
right to amend these Terms at any time by posting the revised terms on its website. All updated
terms become effective immediately upon posting.