humm Terms and Conditions
These Terms and Conditions (T&Cs) and each Initial Disclosure Statement we give you together make up your Agreement for a Loan. You may have more than one loan with us. Capitalized words have a special meaning and are defined below.
1. Definitions and Interpretation
1.1. Meanings The following expressions have the following meanings in this Agreement:
APR means the “Annual Percentage Rate” specified in the Initial Disclosure Statement. The APR is calculated in accordance with the applicable provincial or territorial law.
Business Day means any day other than a Saturday, Sunday, or any day on which commercial banks are open for business in Ontario.
Cost of Borrowing means the “Cost of Borrowing” specified in the Initial Disclosure Statement. For clarity, the Cost of Borrowing represents the amount payable by you to us in respect of the Loan, namely:
(b) Setup Fee; and
(c) Monthly Account Fee
If you reside in New Brunswick, Newfoundland, Manitoba, Alberta or British Columbia, the “Cost of Borrowing” is also referred to as the “Total Cost of Credit”. References to the Cost of Borrowing throughout this Agreement should be taken to mean “Total Cost of Credit” where it is appropriate to do so.
Default Charge means the “Default Charge” described in the Initial Disclosure Statement.
Down Payment means (if any) the amount paid by you to a merchant which does not form part of the Loan amount.
Effective Date means the “Effective Date” specified in the Initial Disclosure Statement. For clarity, the Effective Date is the date you provide us with your Payment Method and we validate that Payment Method.
(a) Setup Fee;
(b) Monthly Account Fee; and
(c) any other fees or charges payable by you to us, from time to time, under this Agreement.
Global Limit means the total amount of credit for which you are approved. Any loan agreement that you enter into with us will be drawn from your Global Limit.
Grace Period means (if any) the “Grace Period” specified in the Initial Disclosure Statement. For clarity, the Grace Period is the period during which we will not charge interest in respect of the Loan.
humm Account means an account we establish in your name for recording all transactions in connection with this Agreement and any other loan agreement you may enter into with us.
humm group means humm group limited, an Alberta corporation (No: 2023076843) being the credit provider under the Agreement and otherwise referred to in the Agreement as ‘we’ or ‘us’.
humm Portal means the online interface provided to you by us on our website or in the humm app.
Initial Disclosure Statement means the document headed “Initial Disclosure Statement,” which is comprised of:
(a) Customer details;
(b) Sales details;
(c) Loan details; and
(d) Payment details.
Instalment Payments means the “Instalment Payments” specified in the Initial Disclosure Statement. For clarity, the Instalment Payments are the amounts payable by you to us on the Payment Date. The Instalment Payments comprise the:
(a) Total Amount Advanced to You;
(b) Setup Fee (if not paid upfront);
(c) Monthly Account Fee; and
(d) interest (except during any applicable Grace Period).
Instalment Payment Date means the ongoing date the Instalment Payments are due to us from you during the Term according to the at each Instalment Payment Frequency.
Instalment Payment Frequency means the “Instalment Payment Frequency” specified in the Initial Disclosure Statement. For clarity, the Instalment Payment Frequency is the scheduled period between when the Instalment Payments are due to us by you (e.g. weekly, bi-weekly or monthly from the First Instalment Payment Date).
Loan means the instalment loan that is being made available to you on the terms and conditions of the Agreement or, as the case may require, the balance of all amounts from time to time outstanding thereunder.
Merchant means the “Merchant” specified in the Initial Disclosure Statement and is the business from which you purchase the Products.
Merchant Payment Date means the date we make payment to the Merchant for the Total Purchase Price in accordance with clause 5 (Payment to the Merchant).
Monthly Account Fee means the “Monthly Account Fee” specified in the Initial Disclosure Statement.
Payment means all payments paid / payable by you to us under this Agreement (including the Instalment Payments).
Payment Method means the method by which you will make Payments. You choose the Payment Method from the options available when you accept the Agreement.
Product means the “Product” described in the Initial Disclosure Statement and are the goods, products and/or services purchased by you from the Merchant.
Promotional Instalment Payment Plan means a payment plan offer we have made to you for the purchase of a Product at a Promotional Interest Rate for a Promotional Period as specified in the Initial Disclosure Statement.
Promotional Interest Rate is the interest rate offered on a Promotional Instalment Payment Plan.
Promotional Period means the period of time you may benefit from a Promotional Interest Rate.
Setup Fee means (if any) the “Setup Fee” specified in the Initial Disclosure Statement.
Standard Interest Rate is the interest rate that applies to the outstanding balance of the Loan after the Promotional Period ends.
Term means the “Term of your Loan” specified in the Initial Disclosure Statement. For clarity, the Term is the period over which you must repay the Loan. Subject always to the Terms and Conditions, the Term:
(a) starts on the Effective Date; and
(b) ends on the last day of the Term.
Total Amount Advanced to You means the “Total Amount Advanced to You” specified in the Initial Disclosure Statement and represents your outstanding balance on the Effective Date.
Total Amount Payable means the sum of the:
(a) Total Amount Advanced to You; and
(b) the Cost of Borrowing/Total Cost of Credit.
The Total Amount Payable is the aggregate minimum amount payable by you to us.
Total Purchase Price means the “Total Purchase Price” specified in the Initial Disclosure Statement and is the price you paid for the Products (including applicable taxes).
Total Upfront Payment means (if any) the “Upfront Payment” specified in the Initial Disclosure Statement. For clarity, the Upfront Payment is the sum of the:
(a) Setup Fee; and
(b) Upfront Instalment Payment.
Upfront Instalment Payment means (if any) the “Upfront Instalment Payment” specified in the Initial Disclosure Statement and is payable by you to us at our discretion.
we or us means humm group limited and includes its successors assigns and transferees. Any other grammatical form of the word ‘we‘ has a corresponding meaning.
you means the customer named in the Initial Disclosure Statement and your and any other grammatical form of the word ‘you‘ has a corresponding meaning.
1.2 Extended Meanings
This Agreement should be read with all changes of number and gender that the context requires. When used in this Agreement, the term “including” means “including, but not limited to.” Headings and sections are for convenience only and do not affect the interpretation of the rest of this Agreement.
If there is a conflict or inconsistency between these Terms and Conditions and the Initial Disclosure Statement, the Initial Disclosure Statement will govern to the extent of any conflict or inconsistency.
2. The Loan
2.1 We agree to make the Loan available to you on the terms and conditions of the Agreement, under which we will pay (on your behalf) the Merchant for the Products (namely, the Total Amount Advanced to you). By entering into this Agreement, you are promising to repay the amount of Loan, plus any interest, Fees and other amounts as specified in this Agreement.
2.2 The Loan may only be used to pay for the Products.
2.3 The amount of the Loan is the Total Amount Advanced to you.
3. Things That Must be Done Before We Make the Loan Available to You
3.1 We will not make the Loan available to you until:
(a) you have completed the application process through our website or mobile app or approved merchant (including agreeing to the Credit Bureau Consent);
(b) we have approved you for the Loan;
(c) you have agreed to be bound by the Agreement by confirming that you agree with and accept the terms of the Agreement;
(d) you have provided us with confirmation of your Payment Method, which we have validated;
(e) you have agreed with the terms and conditions of the Pre-Authorized Debit Agreement and have provided us the required banking information (if this is your chosen Payment Method);
(f) we have issued a copy of the Agreement to you; and
(g) you have paid Total Upfront Payment (if any) in full.
3.2 You acknowledge that we or a third party we authorize may use screen scraping technology to verify information about you.
3.3 You have confirmed that:
(a) the agreements you have with your financial institutions allow you to provide us with your online banking details;
(b) you understand the consequences of this type of disclosure; and
(c) you understand the liability that may result providing us with your login information.
4.1 In addition to interest, we may charge you the following fees:
(a) a Setup Fee, which is set out in the Initial Disclosure Statement. This Fee is repaid as part of the Payments you must make to repay the Total Amount Payable;
(b) a Monthly Account Fee, which is set out in the Initial Disclosure Statement. This Fee is payable in arrears on the first Payment Date and each subsequent Payment Date thereafter; and
(c) any other fee we may include from time to time.
5. Payment to the Merchant
5.1 When section 3 (Things That Must be Done Before We Make the Loan Available to You) has been satisfied, the Merchant will receive payment for your purchase.
5.2 You irrevocably and unconditionally authorize us, or a third party that we authorize, to transfer the Total Amount Advanced to You (less any applicable fees or charges) to the Merchant. Receipt by the Merchant will be confirmation that you have received the benefit of the Loan.
6. Making Payments to Us
6.1 You must make Payments in accordance with this Agreement in the following way:
(a) Upfront Instalment Payment (if any) on the Effective Date; and
(b) each subsequent Payment on each subsequent Payment Date.
6.2 All Payments due from you to us must be made in full in accordance with this Agreement without any set-off, deduction or counterclaim. If we suffer or incur a shortfall due to the imposition by law of Goods and Services Tax (GST), Harmonized Sales Tax (HST) or other taxes on any amount payable by you, notably because the tax authorities conclude that GST, HST or any other taxes apply on such amount, you must reimburse us for this additional expense (including any penalties and interest).
6.3 All Payments will be made by preauthorized debit payment, debit or credit card, or any other supported payment instrument. Where you have chosen the option to pay by pre-authorized debit, you must agree to the terms of the Preauthorized Debit Agreement. Where you have chosen to pay by debit or credit card, you authorize us to debit your debit or credit card with the Payments.
6.4 If your payment cannot be processed or is returned to us (for example, because of insufficient funds), we may attempt to process your payment:
(a) a second time, in the case of a pre-authorized debit payment; and
(b) up to three additional times, in the case of other payment methods.
6.5 We are not responsible for any fees your financial institution or card issuer may charge you, such as NSF fees or chargeback fees.
6.6 You may prepay all or a part of your outstanding balance at any time without any prepayment charge or penalty (Additional Payments). If you make a partial prepayment, you must continue to make your Payments on the scheduled Payment Dates, until all amounts due under the Agreement are fully paid. The amount of any remaining Payments will (save for any adjustment necessary to the last Instalment Payment) remain the same; however, the number of Payments (and, as a result the Term) will be reduced to take account of the early Payment.
6.7 You must continue to make the Payments in accordance with this Agreement even if the Products become defective, cease to exist or are otherwise not to your satisfaction. If you sell, dispose, or are no longer in possession of, the Products, you are still required to make the Payments in accordance with this Agreement.
6.8 If a Payment is due on a day that is not a Business Day, or on a day that does not exist (e.g. February 30), your Payment is still due on that day, but may not be processed until the next Business Day.
6.9 Any partial prepayment will be applied in the following order:
(a) to pay the accumulated cost of borrowing of the principal amount of the Loan; and
(b) in reduction of the principal.
7. Refunds for Prepayment in Full
7.1 If you prepay the full outstanding balance owing under this Agreement, you may be entitled to a partial refund of the cost of borrowing (excluding interest) that you have already paid to us (“Prepayment Refund”).
7.2 Your Prepayment Refund will be determined in accordance with the calculation set out in the Initial Disclosure Statement.
8. Default and Default Charges
8.1 We may, in our sole discretion, determine that you are in Default if:
(a) you do not pay any amount due under this Agreement within two Business Days of the due date for payment;
(b) you or another person on your behalf gives us materially incorrect or misleading information in connection with this Agreement;
(c) you or another person on your behalf gives us any false or misleading information;
(d) we reasonably believe that you or another person has acted fraudulently in connection with the Loan;
(e) we reasonably believe that you or another person has acted in contravention of an agreement we have with a retailer or partner which you or another person would have reasonable knowledge of;
(f) you or a family member is the Merchant;
(g) you are acting on behalf of the Merchant;
(h) you receive any incentives, monetary or otherwise, from the Merchant for the Loan;
(h) you are insolvent or steps are taken to make you insolvent; or
(i) you do not comply with the terms of this Agreement.
8.2 If a Default occurs, and we have not already done so, we will have no obligation to make the Loan available to you.
8.3 If a Default occurs and we have already made the Loan available to you, we may give you written notice that all principal amounts, all accrued but unpaid interest and any other amount outstanding under the Loan will become immediately due and payable to us.
8.5 You will be deemed to have failed to remedy the Default specified in such a notice if, at the end of the time allowed by the notice, you have remedied that Default but have committed another Default of the same type.
8.6. If you are in Default of this Agreement, we may impose Default Charges on you, as set out in the Initial Disclosure Statement and in accordance with applicable law.
8.7. If you are in Default of this Agreement, we may prevent you from completing additional purchases, even if your Global Limit would otherwise permit you to do so.
9. How Interest is Calculated
9.1 The interest is calculated on the outstanding balance of the Loan on a day-to-day basis and is charged on each Payment Date starting on the first Payment Date after the Effective Date (as well after as before judgment or demand).
10. Changes to this Agreement
10.1 Acting reasonably, we can change or vary any term of this Agreement, including:
(a) Payment due dates;
(b) the Fees and charges payable
(c) to accommodate a change in law or market practice;
(d) to accommodate a change in technology or other ways of communication;
(e) to accommodate a change in available Payment Methods; or
(f) to make any other reasonable change.
We will notify you in writing within thirty (30) days of making a change to the Agreement.
11.1 We do not require any security for the Loan.
12. Statement of Account
12.1 You may access at any time a statement setting out the transactions on your Account through the humm Portal.
13. Liability for the Products
13.1 The Products are supplied to you by the Merchant only, not us. You agree that we will have no liability whatsoever due to Merchant delay in providing the Product or due to the quality of the Product. Please refer to the Merchant for details of any terms or conditions applying to the Product, including your right to cancellation and a refund.
14. Change of circumstances and address
14.1 You must immediately inform us of any change in your personal information and circumstances, by updating your Account directly through the humm Portal or by contacting us, including when:
(a) your contact details change (including your postal, residential or email address);
(b) you have changed your name;
(c) you appoint a person to act on your behalf under a power of attorney;
(d) your Payment Method changes (including updating details where any card used for payments is cancelled or expires);
(e) you have been declared bankrupt or have entered into a personal insolvency arrangement, a debt settlement arrangement or a debt relief notice process or make or seek an arrangement with your creditors; or
(f) there is any information that we should be aware of about your ability to comply with this Agreement.
14.2 We will not be responsible for any errors or losses associated with a change in your circumstances if we do not receive adequate notice of the change.
15.1 We are committed to complying with applicable data protection laws when collecting, using and disclosing your personal data (being information that directly or indirectly identifies and relates to you, as defined in those laws).
16. How We May Communicate With You
16.1 We will contact you using the contact details you have provided to us and which you are responsible for maintaining up to date.
16.2 We may use, and you consent to us using, only electronic communications, including email, SMS, and messages to your Account in the humm portal, when communicating with you and for managing your account, including providing you this Agreement and any other document relating to your Account. For legal purposes, documents sent to you electronically are considered to be ‘in writing’ and signed/delivered by us. We may use your email address as part of our secure log-in or authorization process, or to advise you of changes to your Account. We may use your mobile phone number to send you SMS codes and other information you need to know. Information and notices are deemed to be delivered to you on the day we send it and not on the day that you actually access it through your email service provider, on your mobile phone, or through the humm Portal.
16.3 If you do not provide us with your current mobile phone number, you will not be able to transact on your Account, and you may not be notified of important information.
16.4 Your device must have the minimum software requirement to operate the humm portal or humm app, as updated from time to time.
16.5 If we send you notice by sending it to your last address notified to us, the notice will be considered effective even if it is returned to us.
16.6 Communications from us may be signed by any of our authorized employees, if required.
17. Joint and Several Liability
17.1 If more than one person enters into Agreement, the obligations set out in the Agreement are joint and separate (this is known as joint and several liability). This means that each of you is fully responsible for complying with all obligations in the Agreement. Each of you may give us instructions and make decisions regarding the Agreement without prior notice to or the consent of the other. Such instructions and decisions will be binding on all of you. Each of you may obtain information about the Loan or the Agreement without the prior notice to or consent of the other.
18. How We Can Deal With This Agreement
18.1 We may at any time sell, transfer, assign or otherwise deal with our rights and obligations under this Agreement without your consent and without notifying you first. We may disclose information about you or this Agreement to any third party involved in an actual or proposed assignment or dealing with us, and that disclosure may be in a form that may enable that third party to identify you. Such third parties will be bound to respect your privacy rights in the same way that we are.
18.2 We may at any time sell, assign, transfer or otherwise deal with our rights or obligations under this Agreement in any way we wish. Any dealing with our rights or obligations does not change your rights or obligations under the Agreement in any way.
18.3 You may not assign or otherwise deal with your rights or obligations under this Agreement.
19. How We May Exercise Our rights
19.1 We may exercise a right or remedy under this Agreement (in addition to any other rights and remedies we have at law) or give or refuse our consent in any way we consider appropriate, including by imposing reasonable conditions.
19.2 If we do not exercise a right or remedy fully or at a given time, we can still exercise it later.
19.3 We are not liable for loss caused by the exercise or attempted exercise of, failure to exercise, or delay in exercising, a right or remedy.
20. Cancelling this Agreement
20.1 We have the right to cancel this Agreement if you are in default or for any other reason, at any time, without telling you in advance. You may also cancel this Agreement by telling us in writing. However, this Agreement will remain in effect and you remain responsible for all amounts on your Account until you pay us in full the amount you owe us.
21. Governing Law and Jurisdiction
21.1 Residents of New Brunswick:
This Agreement is governed by and interpreted in accordance with the laws of New Brunswick and the applicable laws of Canada. You agree to submit to and be bound by those laws and the courts of that province in the event of any dispute relating to this Agreement.
21.2 Residents of the rest of Canada (excluding Quebec):
Unless prohibited by law, this Agreement is governed by and interpreted in accordance with the laws of Ontario and the applicable laws of Canada. You agree to submit to and be bound by those laws and the courts of that province in the event of any dispute relating to this Agreement.