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500 4 AVE SW, CALGARY, ALBERTA
T2P 2V6, CANADA

GENERAL TERMS AND CONDITIONS OF THE LOAN CONTRACT
DEFINITIONS

In these general terms and conditions, terms written in initial capital letters have
the meaning specified.

FACILITY

Polar Finance representing the Lender agrees to lend a loan amount to the
borrower.

REPAYMENT OF THE LOAN

The Borrower shall repay the loan to the Lender(s) on a monthly or yearly basis
in installments specified in the terms and conditions of the Loan Contract or on
the due date agreed by the Lender and the Borrower. If the due date is not a
banking business day, the due date for the payment of the loan installment and
interest will be the following banking business day. If the due date is transferred,
the Lender has the right to charge the interest on the loan pursuant to the interest
rate determination period in force from the original due date to the new due date
on the entire remaining loan principal remaining on the due date.
The loan installment comprises interest, repayment of unpaid principal, and
charges for any additional services. The Borrower reports the desired installment
schedule in the Loan Application, and the Lender(s) may accept or reject it or
propose an alternative schedule.
INTEREST ON THE LOAN
The obligation to pay interest on the Loan commences from the day on which the
Loan is deposited to the Borrower’s bank account. Annual interest shall be
charged on the unpaid principal of the Loan as agreed in the Loan Contract. The
interest is determined based on the fixed interest rate agreed between the
Borrower and the Lender(s).
The actual annual interest rate on the Loan is specified in the Peer-to-Peer
Lending Service and/or the Loan Contract.
FEES CHARGED FOR THE LOAN/ LOAN FEE
A loan Fee is charged to the Borrower for the secure-ment of this loan, transfer
and loan taxes
The Fee charged to the Borrower is specified in the Loan Contract.
BORROWER’S RIGHT TO REPAY THE LOAN PREMATURELY
The Borrower has the right to repay a larger monthly installment than the
monthly installment specified in the Contract or the entire loan principal with
interest and any other expenses without fees for premature repayment. The
excess of the agreed monthly installment will be taken into account in the next
installment(s) of the confirmed Repayment Programme.
If the Borrower repays the loan in full or part prematurely, the part of loanrelated
expenses allocated to the remaining term shall be deducted from the
Lender’s/Lenders’ receivables. However, the Lender may collect in full the costs
related to the opening of the Loan specified in the Loan Contract. The Borrower
shall request payment details for premature repayment from Polar Finance.
SPECIAL GROUNDS FOR THE LOAN FALLING DUE
DEFAULT OF PAYMENT
If the Lender’s receivable from the Borrower is a minimum of one month
overdue and still unpaid, and if the amount overdue is a minimum of 10% of the
Loan or it includes more than one installment or it constitutes the entire
remaining receivable of the Lender, the Lender and Polar Finance as the
Lender’s representative have the right to demand the repayment of the entire
remaining principal with interest and other fees by the Borrower within four (4)
weeks or, if the Borrower has been informed previously of a delay in repayment,
within two (2) weeks of the reminder of due date Malumg sent to the Borrower if
the overdue amount is still unpaid at that time.
However, the Loan shall not fall due if the delay in payment is due to the
Borrower’s illness, or other comparable reason beyond the control of the
Borrower, except for when it would be obviously unreasonable for the Lender
not to demand the repayment of the Loan, considering the duration of the delay
and other conditions. Polar Finance customer service shall be informed of an
obstacle to payment without delay.
DUE TO REASONS OTHER THAN A DELAY IN PAYMENT
If the Borrower has provided Polar Finance and the Lender with misleading
information that may have influenced the granting of the Loan or its terms and
conditions or if the Borrower is guilty of other material breach of agreement, the
Lender and Polar Finance as the Lender’s representative have the right to
demand the repayment of the entire remaining principal with interest and other
fees by the Borrower within four (4) weeks or, if the Borrower has been
informed previously of the breach of agreement, within two (2) weeks of the
reminder of due date Malumg sent to the Borrower if the breach of agreement has
not been rectified by that time.
The Loan shall fall due for immediate payment as demanded by Polar Finance as
the Lender’s/Lenders representative if the Borrower is deceased or declared
bankrupt or a district court has decided on the commencement of debt
arrangements.
If the Lender or the Lender’s representative Polar Finance does not, in spite of
the existence of a grounds for the Loan falling due specified in these General
Terms and Conditions of Loan, refer to the grounds for demanding immediate
repayment immediately after observing it, the Lender does not waive the grounds
for demanding immediate payment towards the Borrower if the grounds for
demanding immediate payment continue.
INTEREST ON ARREARS
If installments are not paid by the Due Date, the Borrower is liable to pay annual
interest on arrears on the overdue amount in accordance with section 4 of the
Interest Act from the Due Date up to the repayment date.
If the interest on arrears determined in accordance with the above is lower than
the interest payable on the Loan for the period preceding the Due Date, the
interest on arrears shall be payable according to the same grounds and same
interest rate as during a period of a maximum of one hundred and eighty (180)
days preceding the Due Date starting from the date on which the Loan has fallen
due in full. If a court decision on the Loan is issued before the end of the above
period, interest shall be paid in accordance with the same grounds as before the
Due Date until the issuance of the court decision.
CONSEQUENCES OF DEFAULT OF PAYMENT
If the Borrower defaults on the payment of a repayment pursuant to the Loan
Contract in full or part, the Lender and Polar Finance as the Lender’s/Lenders’
representative have the right to demand interest on arrears in accordance with the
terms and conditions of the Loan Contract, demand the immediate repayment of
the Loan, engage in debt collection measures and report the default of payment
obligations under the Loan Contract to the credit rating register. The debt
collection of the Loan results in costs for which the Borrower is liable.
BORROWER’S DUTY TO PROVIDE INFORMATION
When applying for a loan, the Borrower asserts that the information provided by
the Borrower is correct and true. The Borrower is liable for the correctness of the
information provided by the Borrower. The Lender or Polar Finance shall not be
liable for errors in the application data or the note of debt and resulting delays.
The address data reported by the Borrower must match information received
from the Borrowers national details. The Lender and Polar Finance as the
Lender’s/Lenders’ representative have the right to ensure that the telephone
number provided by the Borrower is correct and used by the Borrower.
The Borrower shall provide information on the Borrower’s financial position and
other information which has effects on the lender-borrower relationship essential
to the Lender to Polar Finance as the Lender’s/Lenders’ representative in the
loan application.
The Borrower is liable for the correctness of the information provided by the
Borrower. The Borrower shall inform Polar Finance of any changes in the
Borrower’s address or name without delay. Polar Finance is entitled to charge
the Borrower for any reasonable expenses caused by resolving incorrect contact
details.
BORROWER’S AUTHORIZATION
The Borrower authorizes Polar Finance to receive as the Borrower’s
representative notifications from the Lenders to the Borrower and issue
notifications to the Lender/Lenders on behalf of the Borrower as instructed by
the Borrower.
NOTIFICATIONS
All notifications between the parties shall be issued to Polar Finance as the
representative of each party.
Notifications between the parties may be given validly by all parties via the
Peer-to-Peer Lending Service. A notification is considered to be issued validly
once it has been recorded in the data in the Peer-to-Peer Lending Service,
regardless of whether the receiving party has actually seen the notification.
Moreover, information on notifications in the Peer-to-Peer Lending Service is
submitted to the Lender or Lenders using the e-mail address reported by the
Lender to their Representative, unless the party has specified not willing to
receive such information at the reported e-mail address.
FORCE MAJEURE
The Lender/Lenders and Polar Finance are not liable for damage due to
unreasonable difficulties in the operation of Polar Finance caused by the
occurrence of a force majeure or similar reason. The contractual parties are
obligated to inform the other party of any event of force majeure via Polar
Finance or otherwise as soon as possible. Polar Finance shall notify the parties as
agreed on notifications in these terms and conditions.
RIGHT TO AMENDMENTS
The Lenders and Polar Finance have the right to amend the terms and conditions
of loan service contracts and loan contracts by informing the Borrower in
advance in writing if the amendment does not increase the responsibilities or
reduce the rights of the Borrower, and the amendment is due to an amendment to
legislation or a decision issued by the authorities. The Borrower is considered to
have approved the amendments to the terms and conditions unless the Borrower
objects to the amendments by the proposed effective date of the amendments.
The Borrower is informed of the amendment a minimum of one month in
advance of the effective date of the amendment.
SEPARATE DEBT RELATIONSHIP AND THEIR TRANSFERABILITY
Each Loan Contract has as many separate debt relationships as there are Lenders
in each Loan Contract, and each Lender’s rights under the Loan Contract may be
separately transferred to another lender in the Peer-to-Peer Lending Service.
CONTRACT TRANSFER
The Lenders and Polar Finance as the Lender’s/Lenders’ representative have the
right to transfer this contract partially or fully with all rights and obligations to a
third party. As the representative of the Lender(s), Polar Finance also has the
right to only transfer the rights and obligations of an individual Lender to a third
party. The Borrower shall be informed of such transfer. The Borrower does not
have the right to transfer this contract to a third party.
APPLICABLE LAW AND SETTLEMENT OF DISPUTES
This Agreement is subject to Canadian legislation.
If any disputes arising from this contract cannot be resolved through negotiations
between the parties, the dispute shall be resolved by the District Court of the
Borrower’s domicile or the Federal Court of Canada.
INTERPRETATION
In case of any different interpretation of the texts of this Agreement in any other
Language other than English, the English wording shall be decisive.
Effective as of January 2017

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