Free Credit Score Terms of Use
Refresh Financial Inc.
Free Credit Score Additional Terms of Use
Effective Date: January 17, 2018
- General
- Your Consents
- Limitations and Restrictions
- Disclaimers, Limitations of Liability and Indemnification
- Additional TransUnion Terms and Conditions
1.1 Definitions
“Additional Terms” – means the additional terms, conditions and policies, excluding the Terms of Use and the Privacy Policy, which are applicable to services and features offered by Refresh Financial other than the Free Credit Score service, and which may be posted separately from these Free Credit Score Additional Terms of Use on Refresh Financial’s website at https://refreshfinancial.ca/Legal/.
“Credit Services” – means the consumer credit file and/or credit score provided hereunder by TransUnion at the request of Refresh Financial.
“Free Credit Score” – means the specific credit score and related information about you provided to Refresh Financial by TransUnion.
“Refresh Financial”, “we, “us”, or “our” means Refresh Financial Inc. and its affiliated companies and its and their respective partners, associates and subsidiaries, as they may exist from time to time, including but not limited to Refresh Capital Corp. and Refresh Card Solutions Inc.
“Privacy Policy” – means the Refresh Financial Privacy Policy, as amended from time to time and which can be accessed on Refresh Financial’s website at https://refreshfinancial.ca/Legal/.
“Terms of Use” – means the Refresh Financial Terms of Use, as amended from time to time and which can be accessed on Refresh Financial’s website at https://refreshfinancial.ca/Legal/
“TransUnion” – means Trans Union of Canada, Inc. and its partners, associates, affiliates and subsidiaries.
1.2 Application of Other Refresh Financial Terms of Service and Policies
By accessing and using the Free Credit Score service provided by Refresh Financial, you agree to be bound by these Free Credit Score Additional Terms of Use, the Terms of Use, the Privacy Policy and any applicable Additional Terms. In the event of any conflict between these Free Credit Score Additional Terms of Use and the Privacy Policy or Terms of Use, these Free Credit Score Additional Terms of Use will govern. In the event of any conflict between these Free Credit Score Additional Terms of Use and any Additional Terms, the Additional Terms will govern.
2.1 Specific Consent for Free Credit Score
By accessing and using the Free Credit Score service, you are specifically instructing Refresh Financial to request and obtain the information comprising your Free Credit Score from TransUnion (P.O. Box 338, LCD1, Hamilton, ON L8L 7W2; 1-800-663-9980; www.transunion.ca). You understand and agree that these instructions allow Refresh Financial to obtain the information comprising your Free Credit Score in conjunction with your access to and/or use of the Free Credit Score service and any other products or services provided by or through Refresh Financial until such time as your consent is withdrawn in accordance with the applicable provisions of the Privacy Policy.
2.2 Consent for Identity Verification
By accessing and using the Free Credit Score service, you authorize Refresh Financial to collect your name, date of birth and address and to authenticate your identity through a third party verification service. We may also request that you provide us with electronic copies of government issued or other identification in order to verify your identity. You further authorize us to retain any such identification information and documentation and to provide the same to any third party verification service for the purposes of verifying your identity.
2.3 Consent to Receive Information on Insurance, Brokerage and Other Products and Services
Refresh Financial and/or TransUnion may share the information you provide while accessing and using the Free Credit Score service with selected business partners of Refresh Financial and/or TransUnions, for the purpose of determining the eligibility of customers and consumers for valuable products and services, including third-party insurance quotes and brokerage services (e.g. for home and auto insurance). By requesting your Free Credit Score, you expressly consent to Refresh Financial and/or TransUnion sharing your personal information with such partners and you receiving information regarding products and services offered by Refresh Financial, TransUnion and/or their partners which may be of interest to you. This consent will continue until such time as your consent is withdrawn in accordance with the applicable provisions of the Privacy Policy.
3.1 Content and Use of Free Credit Score
The Free Credit Score contains information obtained from TransUnion. There can be no assurance that information reflected in the Free Credit Score is accurate or complete, or that the information will be substantially the same as other credit information about you which may be assessed or relied upon by any third party when reviewing your credit profile for any particular purpose. The information contained in the Free Credit Score should only be used for your own personal information and educational purposes. The Free Credit Score is not intended to constitute professional advice of any kind and is not intended to be a substitute for any professional advice, credit counselling service or other assistance involving your personal financial or credit-related circumstances.
3.2 Compliance with Applicable Law
By accessing and using the Free Credit Score service, you agree to comply with all applicable laws at all times. You are not permitted to access or use the Free Credit Score service or any other service offered by Refresh Financial to obtain any credit report, score or other credit information under false pretences or in violation of any applicable provincial, territorial or federal laws, and you are not permitted to access or use such services in or from any foreign jurisdiction if it would violate any applicable laws of that jurisdiction or if it would cause us to become subject to any applicable laws of that jurisdiction. You are not permitted to access or use the Free Credit Score service or any other service offered by Refresh Financial in a manner that infringes the rights of any third party. We may limit access to the Free Credit Score service and any other services we make available in our sole and absolute discretion.
4.1 Disclaimers
THE FREE CREDIT SCORE SERVICE, AND ANY OTHER INFORMATION AND SERVICES PROVIDED BY OR THROUGH US, ARE PROVIDED STRICTLY ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED OR OTHERWISE, IN RESPECT THEREOF. WE HEREBY DISCLAIM ON BEHLAF OF REFRESH FINANCIAL ALL WARRANTIES OF ANY KIND (WHETHER EXPRESS, IMPLIED OR OTHERWISE) IN RESPECT OF THE FREE CREDIT SCORE AND ALL OTHER INFORAMTION AND/OR CONTENT PROVIDED BY OR THROUGH OR SERVICES INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, LEGAL TITLE AND NON-INFRINGEMENT. YOU ASSUME ALL RISK FOR ANY LOSS OR DAMAGE THAT COULD RESULT FROM YOUR USE OF THE FREE CREDIT SCORE SERVICE AND ANY OTHER SERVICE OFFERED BY OR THROUGH REFRESH FINANCIAL AND/OR FROM YOUR DEALINGS WITH ANY THIRD PARTY.
YOU ACKNOWLEDGE AND AGREE THAT REFRESH FINANCIAL IS ACTING SOLELY AS AN INTERMEDIARY BETWEEN YOU AND TRANSUNION AND ANY OTHER INFORMATION PROVIDERS WHO SUPPLY THE INFORMATION REFLECTED IN YOU FREE CREDIT SCORE AND OTHER INFORMATION, AS WELL AS BETWEEN YOU AND THIRD PARTY WHOSE INFORMATION IS PRESENTED TO, OR ACCESSED BY, YOU THROUGH REFRESH FINANCIAL OR ITS SERVICES. REFRESH FINANCIAL EXPRESSLY DISCLAIMS ANY ERRORS, OMISSIONS OR OTHER INACCURACIES IN YOUR FREE CREDIT SCORE OR ANY OTHER INFORMATION OR SERVICE PROVIDED BY OR THROUGH REFERESH FINANCIAL.
CERTAIN JURISDICTIONS PROHIBIT RESTRICTIONS AND EXCLUSIONS OF CERTAIN WARRANTIES. NOTHING IN THIS SUBSECTION IS INTENDED TO AFFECT ANY WARRANTIES THAT CANNOT BE RESTRICTED OR EXCLUDED IN SUCH JURISDICTIONS, TO THE EXTENT SO PROHIBITED BY APPLICABLE LAWS.
4.2 Limitation of Liability
YOUR USE OF AND ACCESS TO THE FREE CREDIT SCORE AND ANY RELATED INFORMATION AND CONTENT IS SUBJECT TO THE LIMITATION OF LIABILITY PROVISIONS IN THE TERMS OF USE. THE MAXIMUM AGGREGATE LIABILITY OF REFRESH FINANCIAL TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR INVOLVING YOUR USE OF OR ACCESS TO, OR YOUR INABILITY TO USE OR ACCESS, THE FREE CREDIT SCORE AND ANY RELATED INFORMATION AND CONTENT, WHETHER BASED IN CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, SHALL BE THE LESSER OF (i) THE AMOUNT CONTEMPLATED BY THE TERMS OF USE AND (ii) FIFTY CANADIAN DOLLARS (CAD$50.00).
4.3 Indemnification
Your use of and access to the Free Credit Score and any related information and content is subject to the indemnification provisions in the Terms of Use.
5.1 Eligibility and Availability
The availability of the Credit Services is subject to the discretion of your provider. The Credit Services are only available if TransUnion can match your personal information with your credit file. If TransUnion cannot match you to its credit database or is otherwise unable to generate your credit score, you will not be able to use all or part of the Credit Services until such time as you have built sufficient credit history. Credit Services are available subject to a refresh frequency limit or retention determined by your provider.
TransUnion or your provider may terminate access to the Credit Services at any time, for any reason and without notice. You may ask to cancel your enrollment at any time, by contacting your provider. Your cancellation will be effective after your provider has a reasonable time to process it. Upon cancellation, you will lose access to Credit Services, including any credit data and analyses that have been displayed to you in the past.
5.2 Credit Services
The credit score provided is a model created by TransUnion. The credit score predicts credit risk. Specifically, it measures the probability that a person will pay his or her debts on time. There are many different credit scores in the marketplace based on different models with different scoring ranges and lenders use a variety of different credit scores to make credit decisions. The scores and other Credit Services provided hereunder are for educational/informational purposes only and are not intended for use by lenders. The credit score provided here may not be the same score used by your lenders or other commercial users to make credit decisions about you. The credit score can only evaluate the account information that appears on your TransUnion consumer credit report at a specific point in time. Accounts not reported to, subsequently deleted or amended from your TransUnion consumer credit report will not be reflected in your score. TransUnion does not maintain your credit score information and is not able to make any changes to it. TransUnion cannot initiate disputes on your behalf; you must do so yourself so please visit TransUnion’s website at www.transunion.ca for further details. TransUnion is responsible for inaccurate results, including any due to incorrect, incomplete, or outdated information in your credit report.
5.3 Not a Credit Repair Tool
TransUnion and your provider are not credit repair or credit counseling organizations or similarly regulated organizations under other applicable law, and do not provide credit repair services. The Credit Services hereunder are not a credit repair tool and TransUnion makes no representation or promise that it will improve your credit record, credit history or credit rating or provide you with any assistance in that regard.
5.4 Right to Receive a Free Credit Report
The credit and personal information provided to you as part of the Credit Services does not constitute a “consumer disclosure” for the purposes of applicable consumer reporting legislation. By law, you are entitled to receive a free copy of your consumer disclosure from each of the national credit reporting agencies by contacting them directly. For more information visit www.transunion.ca.
5.5 New Features
TransUnion may, from time to time, introduce new features or modify or delete existing features in its sole discretion. We shall notify you of any of these changes to features if we are legally required to do so. By using any new or modified features when they become available, you agree to be bound by the rules and terms concerning these features.
5.6 Disclaimers Of Warranties And Liabilities
THE CREDIT SERVICES MADE AVAILABLE ON OR ACCESSED HEREUNDER ARE PROVIDED TO YOU “AS IS”.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, NEITHER TRANSUNION NOR ITS AFFILIATES MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER: (I) AS TO THE CREDIT SERVICES; (II) ANY SYSTEMS, SOFTWARE, SITE OR CONTENT ON PROVIDERS SITE IN CONNECTION WITH THE CREDIT SERVICES OR ANY OTHER PRODUCTS AND SERVICES MADE AVAILABLE TO YOU BY PROVIDER OR ACCESSED; (II) THAT CONSUMER WILL HAVE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE CREDIT SERVICES; OR (III) THAT THE CREDIT SERVICES WILL BE ERROR-FREE.
IN ADDITION, TRANSUNION AND ITS AFFILIATES DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND INFORMATIONAL CONTENT. THEREFORE, YOU AGREE THAT YOUR ACCESS TO AND USE OF THE CREDIT SERVICES ARE AT YOUR OWN RISK.
BY USING THE CREDIT SERVICES, YOU ACKNOWLEDGE AND AGREE THAT NEITHER TRANSUNION NOR ITS AFFILIATES HAVE ANY LIABILITY TO YOU (WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR ACCESS TO CREDIT SERVICES, CONTENT, PRODUCTS OR SERVICES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), INCLUDING LIABILITY ASSOCIATED WITH ANY VIRUSES WHICH MAY INFECT YOUR COMPUTER EQUIPMENT.
5.7 Release
You agree to release, discharge and hold TransUnion harmless from any and all claims, losses, damages, obligations, or liabilities, directly or indirectly relating from your use of the Credit Services. In no event shall TransUnion be liable for any direct, incidental, special, punitive or consequential damages however caused arising out of your use, or inability to use, the Credit Services.
This card is owned and issued by Digital Commerce Bank pursuant to license by Visa International. Use of the card is governed by the agreement under which it is issued. The Visa Brand is a registered trademark of Visa International. All credit and approvals are provided by Refresh Card Solutions Inc. Digital Commerce Bank provides no credit or loans. All funding and lending for this program is provided by Refresh Card Solutions Inc.