The terms that govern your use of the TruCapital Finance & Leasing Ltd. website and services. Please read them carefully.
These Terms & Conditions ("Terms") govern your access to and use of the website at trucap.ca, together with our online forms, applications, calculators, pre-qualification tools, client and broker portals, and related services (collectively, the "Services"), provided by TruCapital Finance & Leasing Ltd. ("TruCapital", "we", "us", "our"), a corporation with its head office at 253 Summerlea Rd, Unit 23, Brampton, Ontario L6T 5A8.
By accessing or using the Services, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Services.
These Terms govern your use of the Services only. They do not govern any financing, lease or credit agreement, which is governed by the separate documents you enter into with the applicable lender or lessor, and by any separate engagement or fee agreement you enter into with us.
The Services are intended exclusively for commercial and business purposes — the acquisition, financing, leasing or refinancing of equipment, vehicles and assets used in a trade or business, and related working capital. They are not offered for personal, family, household or consumer borrowing, and are not intended for use by consumers acting outside a business capacity, unless we expressly agree otherwise in writing.
By using the Services you represent that you are doing so for business purposes, on behalf of a business, and that you are at least the age of majority in your province or territory.
TruCapital acts as an intermediary and arranger of commercial equipment financing and leasing. Our function is to review your requirements, prepare and present your application to financing sources, and facilitate communication between you and those sources.
TruCapital is not a bank, credit union, lender, lessor, insurer, credit reporting agency or financial institution. We do not lend or advance our own funds, we do not underwrite, and we do not make credit, approval, pricing or funding decisions. Those decisions are made solely by the applicable lender or lessor, in its own discretion, under its own criteria, and on its own documentation.
Nothing in these Terms, on our website, or in our communications creates a fiduciary, trust, agency, partnership, joint venture or employment relationship between you and TruCapital, or obliges us to act other than as described in these Terms and in any separate written engagement between us.
We are not obliged to submit your application to every available financing source, or to any particular financing source. We may decline to act, or cease to act, in our discretion.
Submitting an inquiry, form, pre-qualification or application does not create any entitlement to financing and does not obligate TruCapital or any financing source to provide it.
We make no representation, warranty or guarantee as to:
Where we describe a typical approval timeframe, we are describing our general experience, not a commitment. Many applications receive a decision within a short period; others take longer depending on the financing source, the complexity of the application and the documentation required.
Applications are presented to third-party banks, credit unions, private lenders, leasing companies and other financing sources. We may also deal with dealers, vendors, private sellers, insurers, insurance brokers, credit reporting agencies, identity verification services, registry providers and referral partners in connection with your application.
Each of these parties is independent of TruCapital and operates under its own terms, fees, credit criteria, underwriting standards, documentation requirements and privacy practices, which we neither control nor administer. We are not responsible for their decisions, acts, omissions, conduct, pricing, delays, errors, service levels or handling of your information, except to the extent responsibility cannot be excluded under applicable law.
You are responsible for reviewing and satisfying yourself as to the terms of any agreement you enter into with a financing source or other third party. We do not advise on, and are not a party to, those agreements unless expressly stated in writing.
By submitting any form, application or document to us, you represent and warrant that:
We are entitled to rely on these representations without further inquiry.
Assessing and placing a financing application ordinarily requires credit information about the business, its principals and any guarantors, together with identity verification.
Our application and intake forms contain a separate express consent and authorization covering credit bureau inquiries, identity verification, information exchange with financing sources and other parties, and guarantor review. That authorization applies in addition to these Terms and to our Privacy Policy. Financing sources may also require their own separate authorization and may conduct their own inquiries under it.
We do not control how credit reporting agencies or financing sources record, use or retain credit inquiries, or the effect of any inquiry.
All rates, payments, down-payment ranges, terms, timeframes, worked examples, calculator outputs, funded-deal examples, statistics and similar figures appearing on our website or in our materials are illustrative and for general information only. They are not quotes, offers of credit, pre-approvals or commitments, are not specific to your circumstances, and may change without notice.
Expressions such as "on approved credit", "OAC", "starting from", "as low as", "up to" and similar qualifiers indicate that the figure described is available only to applicants who meet the applicable financing source's criteria, and that actual terms vary by applicant, business, asset, lender and market conditions.
Client testimonials, reviews, ratings, case studies and examples of past transactions reflect the experience of particular clients at particular times. They are not a prediction, representation or guarantee of the results any other applicant will obtain. Case studies and examples may be composite, anonymized or edited for length and confidentiality.
Calculator and payment-estimate outputs are mathematical illustrations based on the figures you enter. They do not include all fees, taxes, insurance or charges that may apply, do not reflect any lender's actual pricing, and are not a credit decision.
Use of our website is free. Where we act on a financing or leasing request, we may be compensated in one or more of the following ways, depending on the transaction:
Any fee payable by you will be disclosed to you in the applicable engagement, fee agreement, commitment or transaction documentation before you are obliged to pay it. Fees, once earned, may be non-refundable to the extent stated in those documents, including where a transaction does not proceed to funding for reasons outside our control.
You acknowledge that we may receive compensation from a financing source or other party in connection with your transaction, and that this may vary between financing sources. Our recommendation of a financing source reflects our assessment of fit for your application; it is not a statement that no other source could offer different terms.
Where we operate a referral or "refer and earn" program, the following terms apply in addition to any program-specific terms published at the time.
By submitting an inquiry or application, you consent to us contacting you by telephone, email, text message or mail about that inquiry or application. These are transactional and service communications — requests for documents, application status, financing-source conditions, funding arrangements and account administration — and are necessary to the service you have asked us to provide.
Marketing communications are separate. We send commercial electronic messages such as newsletters, market information and promotional material only with your express or implied consent, in accordance with Canada's Anti-Spam Legislation (CASL). Every such message identifies us, includes our contact information, and contains an unsubscribe mechanism that operates at no cost to you. Unsubscribing from marketing messages does not stop transactional communications about an active inquiry, application or transaction.
See our Privacy Policy for further detail on consent, withdrawal and our handling of your information.
We provide online tools including payment calculators and an automated pre-qualification assistant. These are offered as general informational aids only.
Output from any calculator, pre-qualification assistant or automated tool on our website is informational and illustrative only. It may be incomplete, inaccurate or out of date; it does not assess creditworthiness; it is not a credit decision, pre-approval, offer, quote or commitment by TruCapital or by any financing source; and it should not be relied on in making a purchase, financing or business decision. Actual terms are determined only by a financing source, following a complete application.
Automated tools may produce results that do not reflect your circumstances. We do not make decisions about you based exclusively on automated processing; any pre-qualification output is reviewed by our personnel before we act on it. Where you provide information to a tool, it is handled in accordance with our Privacy Policy.
Content on our website — including guides, articles, glossary entries, case studies, calculators, FAQs and general commentary — is provided for general information only and does not constitute legal, tax, accounting, insurance, financial planning, investment, credit or business advice, and must not be relied on as such.
Financing and leasing arrangements have legal, tax, accounting and cash-flow consequences that depend on your circumstances. You should obtain independent advice from your own qualified professional advisors before entering into any financing, lease, guarantee or related agreement. We are not responsible for decisions you make in reliance on general information provided on our website.
Information on our website may become out of date. Rates, programs, lender criteria, tax treatment and regulatory requirements change. We do not undertake to update content, and provide no assurance that it remains current.
You agree to provide information that is true, accurate, current and complete, and to notify us promptly of any material change while an application is in progress.
We rely on the information you and your representatives provide. Incomplete, inaccurate, misleading or withheld information may delay an application, cause a financing source to decline it, cause financing to be offered on different terms, or result in an approval being withdrawn. We are not responsible for any such outcome, or for any loss arising from it.
Providing false or misleading information in a financing application may have legal consequences. We may decline to act, cease to act, or report the matter to a financing source or to the authorities, where we consider it appropriate or are required to do so.
You agree to use the Services only for lawful purposes and in accordance with these Terms. You must not:
We may suspend or terminate your access to the Services, or any account or portal access, at any time and without notice, where we consider it necessary or appropriate — including for breach of these Terms, suspected fraud or misuse, or to protect the Services or other users.
The Services and their contents — including text, graphics, layout, design, photographs, illustrations, logos, trade-marks, calculators, tools, software and compilations of information — are owned by TruCapital or its licensors and are protected by copyright, trade-mark and other intellectual property laws.
You may view, download and print our content for your own internal business use in evaluating our services. You must not otherwise copy, reproduce, republish, distribute, modify, adapt, frame, sell or create derivative works from any part of the Services without our prior written consent.
"TruCapital" and our logo and wordmarks are trade-marks of TruCapital. Nothing in these Terms grants you any licence or right to use them. Third-party names, logos and trade-marks appearing on our website — including those of equipment manufacturers and financing sources — are the property of their respective owners, and their appearance does not imply any affiliation, sponsorship, partnership or endorsement unless expressly stated.
If you believe content on our website infringes your rights, contact us using the details in Section 25 and we will investigate.
Our website may link to websites and resources operated by others. Those links are provided for convenience only. We do not control, endorse, verify or assume responsibility for the content, products, services, accuracy, security or privacy practices of any third-party website, and we are not responsible for any dealing you have with a third party through such a link. Review the terms and privacy policy of any website you visit.
We aim to keep the Services available and functioning, but provide them "as is" and "as available". We do not warrant that the Services will be uninterrupted, timely, error-free, secure, or free of viruses or other harmful components, or that defects will be corrected.
We may modify, suspend, limit, withdraw or discontinue the Services, or any feature, tool, page or content, at any time and without notice or liability. Availability may also be affected by maintenance, upgrades, third-party service providers, telecommunications failures and events outside our control.
To the fullest extent permitted by applicable law:
Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including liability for fraud or fraudulent misrepresentation. Some jurisdictions do not allow the exclusion of certain warranties or the limitation of certain damages; in those jurisdictions our liability is limited to the greatest extent permitted by law.
Any claim arising out of or in connection with the Services must be brought within one year after the event giving rise to it, except where a longer period is required by applicable law.
You agree to indemnify, defend and hold harmless TruCapital and its directors, officers, employees, contractors, agents and affiliates from and against any claim, demand, action, proceeding, loss, liability, damage, cost or expense — including reasonable legal fees — arising out of or in connection with:
We may, at your expense, assume the exclusive defence and control of any matter subject to indemnification by you, in which case you agree to cooperate with us. You must not settle any such matter without our prior written consent.
Our collection, use, disclosure and retention of personal information is described in our Privacy Policy, which forms part of these Terms. By using the Services you acknowledge that policy.
Arranging financing requires that your information be disclosed to financing sources and other parties involved in the transaction. Those parties handle your information under their own privacy practices, which we do not control. See the Privacy Policy for detail.
These Terms and any dispute arising out of or in connection with them or the Services are governed by the laws of the Province of Ontario and the federal laws of Canada applicable in Ontario, except where otherwise required by applicable law.
You agree to the non-exclusive jurisdiction of the courts of the Province of Ontario, except where applicable law entitles you to bring proceedings in, or requires that proceedings be brought in, the courts of another province or territory. Nothing in this section limits any right you may have under the mandatory consumer or public-order laws of your place of residence, including under the laws of Quebec, to the extent those laws apply to you and cannot be varied by agreement.
Entire agreement. These Terms, together with our Privacy Policy and any separate written engagement, fee or program terms, constitute the entire agreement between you and us regarding the Services, and supersede prior discussions and representations regarding them. They do not supersede or vary any financing, lease or credit agreement between you and a financing source.
Severability. If any provision is found invalid, illegal or unenforceable, it will be severed or limited to the minimum extent necessary, and the remaining provisions remain in full force.
No waiver. Our failure or delay in enforcing any provision is not a waiver of it, and does not prevent later enforcement.
Assignment. You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, reorganization or sale of all or part of our business.
Survival. Sections concerning intellectual property, limitation of liability, indemnity, governing law and these general provisions survive any termination of your access to the Services.
Force majeure. We are not liable for any failure or delay in performing arising from causes beyond our reasonable control, including acts of God, natural disasters, epidemic, war, civil unrest, labour disruption, failure of telecommunications, utilities or third-party service providers, cyber attack, or action of government or regulatory authority.
Language. The parties have required that these Terms and all related documents be drawn up in English. Les parties ont exigé que la présente convention et tous les documents qui s'y rattachent soient rédigés en anglais.
We may update these Terms from time to time to reflect changes in our services, our practices or applicable law. The current version is always available at trucap.ca/terms/, and the "last updated" date above indicates when it was last revised.
Changes take effect when posted. Your continued use of the Services after a change takes effect constitutes acceptance of the updated Terms. Where a change is material we will take reasonable steps to bring it to your attention. If you do not agree to a change, stop using the Services.
Questions about these Terms may be directed to:
TruCapital Finance & Leasing Ltd.
253 Summerlea Rd, Unit 23
Brampton, Ontario L6T 5A8
Email: info@trucap.ca
Telephone: (437) 374-3784
For privacy questions, access requests and complaints, contact our Privacy Officer using the details in our Privacy Policy.