Terms of Use

Refresh Financial

Effective Date: September 23, 2021

General Terms of Use

The following General Terms of Use, together with the Privacy Policy and any Additional Terms (both as defined below), constitute a binding legal agreement between you and Borrowell Inc. Please review these terms of use, the Privacy Policy and Additional Terms before using any Services (as defined below) or relying on information obtained from or through Borrowell Inc. These Terms of Use include important disclaimers and limitations with respect to Refresh Financial’s liability, as well as an agreement to resolve disputes through binding arbitration and a waiver of your ability to participate in a class action or other representative legal proceedings.

You should carefully review these Terms of Use and, if you do not agree with them, you should exit the Refresh Financial website and cease using any Services immediately.

1. General

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 and which are posted separately from these Terms of Use, including (without limitation) the terms and conditions of any customer contracts associated with any financial product account established for you by Refresh Financial.

“Refresh Financial”, “we, “us”, or “our” – means the group of Refresh Financial companies and their respective partners, associates, affiliates, and subsidiaries, as they may exist from time to time, including but not limited to, Borrowell Inc. and Refresh Solutions Inc.

“Privacy Policy” – means the Refresh Financial Privacy Policy.

“Services” – means all products and services owned and/or operated by Refresh Financial, including all software, tools, features, functions, data, and content which Refresh Financial makes available from time to time through its website at www.refreshfinancial.ca and any other websites or applications which it operates.

“Terms of Use” – means these Refresh Financial General Terms of Use.

“Third Party Content” – means content that may available from or through a Refresh Financial website or other communications medium but which is supplied by a party that is not affiliated with any Refresh Financial controlled entity.

1.2 Application of Other Refresh Financial Terms of Use and Policies

By accessing and using the website and other services provided by Refresh Financial, you agree to be bound by these Terms of Use, the Privacy Policy and any applicable Additional Terms. In the event of any conflict between these Terms of Use and the Privacy Policy, the Privacy Policy will govern. In the event of any conflict between these Terms of Use and any Additional Terms, the Additional Terms will govern.

2. Your Use of the Services

2.1 Means of Access

The Refresh Financial websites are generally intended to be viewed by a conventional web browser with a screen resolution of 1024 by 768 pixels or greater. Although you may use other means to access the Refresh Financial websites, be aware that the Refresh Financial websites may not appear accurately through other access methods, and you use them only at your own risk.

You should not access the Refresh Financial websites through devices or services that are designed to provide high-speed, automated, repeated access, unless such devices are approved or made available by Refresh Financial.

Certain parts of the Refresh Financial websites may be protected by passwords or require a login. You may not obtain or attempt to obtain unauthorized access to such parts of the Refresh Financial websites, or to any other protected materials or information, through any means not intentionally made available by Refresh Financial for your specific use.

2.2 Password Security and Notification

If you have a username and password for access to non-public areas of the Refresh Financial websites, you are solely responsible for all activities that occur in connection with your username. Accordingly, you should take steps to protect the confidentiality of your password. You must Refresh Financial immediately if you become aware of any disclosure, loss, theft or unauthorized use of your password.

2.3 Prohibited Uses

Because all servers have limited capacity and are used by many people, do not use Refresh Financial websites in any manner that could damage or overburden any Refresh Financial server, or any network connected to any Refresh Financial server. Do not use Refresh Financial websites in any manner that would interfere with any other party’s use of the Refresh Financial websites.

2.4 Your Consent Re Additional Services

By accessing and using the Services, you expressly consent to receiving information regarding products and services offered by Refresh Financial and/or its 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.

2.5 Limitations on Investment Guidance and Professional Advice

You acknowledge that the Refresh Financial websites are not intended to provide legal, tax, investment or accounting advice and that nothing on Refresh Financial’s websites should be construed as an offer to sell, a solicitation of an offer to buy or a recommendation for any products or services made available by Refresh Financial or any third party. The information made available by or through Refresh Financial should only be used for your own personal information and educational purposes. Certain planning tools or money management tips made available on the Refresh Financial websites may provide general investment and/or financial educational content based on your input. You are solely responsible for determining whether any investment strategy, money saving strategy, debt management strategy, security or related transaction is appropriate for you based on your personal debt levels, investment objectives, financial circumstances and risk tolerance. You should consult with your own legal, accounting or tax professional regarding your specific situation.

2.6 Your Compliance with Applicable Laws

You agree to comply with all applicable laws at all times while accessing or using the Services. 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 Refresh Financial or any Third Party Content Provider to become subject to any applicable laws of that jurisdiction. You are not permitted to access or use the Services in a manner that infringes the rights of any third party.

2.7 Parents/Guardians of Minors

If you are under the age of majority in your jurisdiction of residence, you represent and warrant that your parent or legal guardian has reviewed and agreed to these Terms of Use and has guaranteed your adherence to these Terms of Use.

2.8 Updates

You acknowledge and agree that the Refresh Financial websites and the Services accessible through such websites are under continual development and may include either public updates, which a generally available to all users, or private updates which are available to a smaller number of users for testing and feedback before being made generally available. You further acknowledge and agree that you may be required to accept public updates from time to time in order to continue to access the Refresh Financial websites and Services. You acknowledge and agree that the Refresh Financial may update, modify, replace and/or discontinue any aspect of its websites and the Services with or without prior, or any, notice to you. You acknowledge that it may be necessary for you to update or upgrade third party software from time to time in order to continue to access the Refresh Financial websites and the Services.

2.9 Use of “Cookies”

Refresh Financial reserves the right to store information on your computer and/or device in the form of a “cookie” or similar file for purposes of modifying the website to reflect your use and preferences. The Privacy Policy provides additional information regarding our use of cookies and similar files as well as procedures for disabling cookies.

2.10 Assessment of Your Credit and Other Information

Refresh Financial may use information provided by you and/or by third parties, including (without limitation) your credit score and other personal financial information and preferences, to assess, analyze, arrange and present various products, services, tools, features, offers, information and other content to you. Any assessments, analyses, estimates, projections or similar information made available to you through the Refresh Financial websites and Services are provided solely for your personal illustrative, informational and educational purposes. The methods, algorithms and criteria used to assess your information and select the various products, services, tools, features, offers, information and other content which may be made available to you is a proprietary trade secret of Refresh Financial and may be applied by us in any manner in our sole discretion.

These proprietary methods, algorithms and criteria are generally not disclosed to, endorsed by or required by the providers of any Third Party Content. The Third Party Content which may be made available to you at any particular time may differ from Third Party Content that is made available to others and from Third Party Content that may be made available to you at other times. To the extent that any Third Party Content may include offers with respect to various products or services, there can be no assurance that you will receive any such offers, that you will be eligible to receive such products or services or that such products or services will meet with your satisfaction. Whether you choose to pursue an offer from a third party will be up to you and Refresh Financial will not apply on your behalf for any product or service offered by a third party without your prior consent.

3. Content

3.1 Timeliness of Content

All content on the Refresh Financial websites are presented only as of the date published or indicated, and may be superseded by subsequent market events or for other reasons. In addition, you are responsible for setting the cache settings on your browser to ensure you are receiving the most recent data.

3.2 Third Party Content

The Refresh Financial websites may include general news and information, commentary, interactive tools, quotes, research reports and data concerning the financial markets and other subjects, some of which will be Third Party Content. On the Refresh Financial websites, the source of all Third Party Content is clearly and prominently identified. Third Party Content is available through framed areas, through hyperlinks to third party web sites, or is simply published on the site. The Third Party Content may be protected by copyright pursuant to local and/or international law or treaties and is owned or licensed by the Third Party Content provider(s) credited.

Refresh Financial has not been involved in the preparation, adoption or editing of Third Party Content and does not explicitly or implicitly endorse or approve such content. The Third Party Content providers do not implicitly or explicitly endorse or approve the Third Party Content, nor do they give debt management advice or investment advice.

While Refresh Financial makes every attempt to provide accurate and timely information to serve the needs of users, neither Refresh Financial nor the Third Party Content providers guarantee the accuracy, timeliness, completeness or usefulness of any Third Party Content, and they are not responsible or liable for any such content, including (without limitation) any advertising, products or other materials on or available from third party websites. Third Party Content is provided for informational purposes only and Refresh Financial and the Third Party Content providers specifically disclaim any responsibility for Third Party Content available on or through any Refresh Financial website. You agree to use Third Party Content only at your own risk. THE THIRD PARTY CONTENT IS PROVIDED ON AN “AS-IS” BASIS. THE THIRD PARTY CONTENT PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

THE THIRD PARTY CONTENT PROVIDERS AND THEIR PARENTS, SUBSIDIARIES, AFFILIATES, SERVICE PROVIDERS, LICENSORS, OFFICERS, DIRECTORS AND EMPLOYEES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE THIRD PARTY CONTENT, INCLUDING (WITHOUT LIMITATION) DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE DAMAGES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

4. Ownership and Intellectual Property Rights

4.1 Copyright, Linking and Trademarks

Refresh Financial’s websites are protected by applicable copyright laws. Accordingly, you may not copy, distribute, modify, post or frame-in the content of any Refresh Financial sites, including any text, graphics, video, audio, software code, user interface design or logos.

Unless you and Refresh Financial have expressly agreed otherwise in writing, links from another web site to a Refresh Financial site must resolve to the top-level homepage of the Refresh Financial domain (www.refreshfinancial.ca).

In order to avoid confusion, if you do link from another website to a Refresh Financial website top-level homepage, your website, and the link itself, may not (i) suggest that Refresh Financial endorses, sponsors or is affiliated with any non-Refresh Financial website, entity, service or product or (ii) make use of any Refresh Financial trademarks or service marks other than those contained within the text of the link.

All trademarks and service marks on the Refresh Financial websites belong to Borrowell Inc. or an affiliate, except third-party trademarks and service marks, which are the property of their respective owners.

4.2 Infringing Content

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Refresh Financial with the following information:

A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright allegedly infringed;
A description of the copyrighted work that you claim has been infringed, or, if multiple copyrighted works are the subject of a single notice, a representative list of such works;
An identification of the allegedly infringing material, and a description of where that material is located on the Refresh Financial website;
Your address, telephone number, and email address;
A statement by you that you have a good faith belief that use of the disputed material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the information you provide in your notice is accurate and that you are the owner of the allegedly infringed copyright, or that you are authorized to act on behalf of the copyright owner.

Claims of copyright infringement can be delivered to Refresh Financial by mail to Borrowell Inc., PO Box 25151 Mission Park RPO, Kelowna, B.C., V1W 3Y7 or by email to care@refreshfinancial.ca.

5. Disclaimers, Limitations of Liability and Indemnification

5.1 Disclaimers

THE SERVICES, 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 DO NOT WARRANT THAT ANY DEFECTS OR INACCURACIES IN RESPECT OF SUCH SERVICES AND OTHER INFORMATION WILL BE CORRECTED. WE HEREBY DISCLAIM ON BEHALF OF REFRESH FINANCIAL ALL WARRANTIES OF ANY KIND (WHETHER EXPRESS, IMPLIED OR OTHERWISE) IN RESPECT OF THE SERVICES AND ALL OTHER INFORMATION AND/OR CONTENT PROVIDED BY OR THROUGH THE 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 SERVICES AND ANY OTHER INFORMATION OFFERED BY OR THROUGH REFRESH FINANCIAL AND/OR FROM YOUR DEALINGS WITH ANY THIRD PARTY.

REFRESH FINANCIAL DOES NOT WARRANT THAT THE REFERESH FINANCIAL WEBSITES WILL MEET YOUR NEEDS, OR THAT THEY WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. REFRESH FINANCIAL ALSO MAKES NO WARRANTY THAT THE RESULTS OBTAINED FROM THE USE OF THE REFRESH FINANCIAL WEBSITES WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE REFRESH FINANCIAL WEBSITES WILL MEET YOUR EXPECTATIONS.

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.

5.2 Limitation of Liability

REFRESH FINANCIAL WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, DIRECT, OR INDIRECT DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS OR DAMAGES THAT RESULT FROM USE OR LOSS OF USE OF THE REFRESH FINANCIAL SITES AND THIRD PARTY CONTENT, INCONVENIENCE OR DELAY), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

REFRESH FINANCIAL WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS RESULTING FROM A CAUSE OVER WHICH WE DO NOT HAVE DIRECT CONTROL. THIS INCLUDES FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATIONS LINES (INCLUDING TELEPHONE, CABLE AND INTERNET), UNAUTHORIZED ACCESS, VIRUSES, THEFT, OPERATOR ERRORS, SEVERE OR EXTRAORDINARY WEATHER (INCLUDING FLOOD, EARTHQUAKE, OR OTHER ACT OF GOD), FIRE, WAR, INSURRECTION, TERRORIST ACT, RIOT, LABOUR DISPUTE AND OTHER LABOUR PROBLEMS, ACCIDENT, EMERGENCY OR ACTION OF GOVERNMENT.

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 SERVICES 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 APPLICABLE ADDITIONAL TERMS (IF ANY) AND (ii) FIFTY CANADIAN DOLLARS (CAD$50.00).

IF YOU LIVE IN A JURISDICTION THAT DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SOME OR ALL OF THESE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

5.3 Indemnification

As a condition of your use of the Refresh Financial websites, you agree to indemnify and hold Refresh Financial and its Third Party Content providers harmless from and against any and all claims, losses, liability, costs and expenses (including but not limited to attorneys’ fees) arising from your use of the Refresh Financial websites, or from your violation of these Terms of Use.

6. Dispute Resolution and Arbitration

6.1 General

All disputes between you and Refresh Financial or otherwise involving the Services and/or the Third Party Content shall be fully and finally resolved through binding arbitration pursuant to the provisions set forth in this Section 5. Without limiting the foregoing, this includes all claims arising out of or otherwise relating to these Terms of Use and your dealings with Refresh Financial, whether such claims are based in contract, tort, fraud, statutory liability or any other theory of liability. All questions relating to the interpretation, applicability, enforceability of these Terms of Use and the agreement to arbitrate contained herein shall also be determined exclusively through arbitration. YOU AND REFRESH FINANCIAL MUTUALLY AGREE THAT YOU HAVE EACH WAIVED THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER REPRESENTATIVE PROCEEDING WITH RESPECT TO ANY DISPUTE BETWEEN YOU.

6.2 Arbitration Rules

All disputes between you and Refresh Financial or otherwise involving the Services and/or the Third Party Content shall be fully and finally resolved through binding arbitration pursuant to the Domestic Commercial Arbitration Shorter Rules of Procedure (as amended or replaced) of the British Columbia International Commercial Arbitration Centre before a single arbitrator, except as otherwise expressly set out in these Terms of Use.

6.3 Language and Venue

The language of the arbitration shall be English. Unless otherwise mutually agreed by the parties in writing, the arbitration shall take place in Kelowna, British Columbia.

6.4 Exclusion of Class Actions and Other Representative Proceedings

YOU AND REFRESH FINANCIAL MUTUALLY AGREE THAT YOU HAVE EACH WAIVED THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER REPRESENTATIVE PROCEEDING WITH RESPECT TO ANY DISPUTE BETWEEN YOU AND THAT EACH PARTY MAY ONLY PURSUE A CLAIM AGAINST THE OTHER PARTY IN THEIR INDIVIDUAL CAPACITY AND NOT AS PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION OR OTHER REPRESENTATIVE PROCEEDING. Unless otherwise expressly agreed in writing by you and Refresh Financial, the arbitrator in any arbitration proceedings is prohibited from consolidating the claims of more than one party or otherwise hearing any form of class action or other representative proceeding.

6.5 Exceptions

Notwithstanding any other provision of this Section 5, either party may: (i) seek injunctive relief in a court of competent jurisdiction in aid of arbitration, (ii) seek injunctive relief in respect of unauthorized use of the Services or any intellectual property infringement claim or (iii) file a complaint with any applicable federal, provincial, territorial, state or other regulatory authority where otherwise permitted by law.

7. General Provisions

7.1 Termination

Refresh Financial may terminate and/or restrict your access to the Refresh Financial websites for any reason, without prior notice.

7.2 Governing Law

These Terms of Use and their enforcement are governed by the laws of the Province of British Columbia, together with the federal laws of Canada applicable therein, without regard to its conflicts of laws principles.

7.3 Entire Agreement

These Terms of Use, together with the Privacy Policy and any Additional Terms, constitute the entire agreement between Refresh Financial and you in respect of your use of the Services, the Third Party Content and any other information or services provided by or through Refresh Financial.

7.4 Modifications to Terms of Use

Refresh Financial may modify these Terms of Use at any time. All such modifications will be posted on this web page. We may require you to reaffirm your acceptance of the Terms of Use with respect to certain modifications. It is your responsibility to review the most current version of the Terms of Use whenever you use the Services. By using the Services, you agree to be bound by the then current version of these Terms of Use, the Privacy Policy and any applicable Additional Terms.

7.5 Assignment and Enurement

Refresh Financial may assign its rights and obligations under these Terms of Use at any time without notice to you. You may not assign any of your rights or obligations under these Terms of Use by any means or for any reason without the prior express written consent of Refresh Financial, which consent may be withheld in our sole and absolute discretion. The rights and obligations of the parties under these Terms of Use shall enure to, and be binding upon, the parties and their respective heirs, executors, administrators, successors and permitted assigns.

7.6 Waiver

No waiver on behalf of any party of the application of, or any breach of, these Terms of Use shall be effective or binding upon such party unless the same shall be expressed in writing and any waiver so expressed shall not limit or affect such party’s rights with respect to any other application of, or any breach of, these Terms of Use.

7.7 Severability

If any provision of these Terms of Use is determined by an adjudicator of competent jurisdiction to be unenforceable, that provision will be enforced to the maximum extent permissible and the remaining provisions will remain in full force and effect.

7.8 Interpretation

The division of these Terms of Use into articles, sections, clauses and paragraphs and the insertion of headings are for convenience of reference only and shall not affect the construction or interpretation hereof. The provisions of these Terms of Service shall be construed against Refresh Financial on the basis that such provisions have been prepared by or for Refresh Financial and any associated contra proferentum principles are hereby excluded.