Terms of use Black Tier | Refresh Financial

Terms of use Black Tier

Refresh Black
Terms of Use

The Products and Services (as defined below) available on this site (the “Site”) are provided by Refresh Financial Inc. a British Columbia corporation (“Refresh”). Refresh may make arrangements with one or more third parties, such as TransUnion of Canada Inc., to provide the Products and Services, or certain data therein, to you or to sell you a Service provided by a sub-contractor. Refresh and any such third parties are referred to as herein collectively as “supplying”, “we”, “us” and “our”. The Site provides data and other information on consumer credit reports, and other content contained in this Site, including information, text, graphics, web site design, and its selection, assembly, and arrangement (“Content”) and other products and services such as the [Refresh Black Credit Concierge Service], personal credit profiles and scores, credit simulators, credit report monitoring and related products and services (collectively, “Products and Services”).

The Site, the Content and the Products and Services are provided to you subject to your agreement to be bound by these terms and conditions of use (“Terms and Conditions”). BY ACCESSING OR USING THE SITE OR THE PRODUCTS AND SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH ONE OR MORE OF THESE TERMS AND CONDITIONS, DO NOT ACCESS OR USE THE SITE OR THE PRODUCTS AND SERVICES.

Use of the Site

Except as expressly provided in these Terms and Conditions, any reproduction, retransmission, distribution, sale, republication, modification, translation of or creation of derivative works based on the Site, the Content and/or the Products and Services, in whole or in part, and any de-compilation, disassembly, reverse engineering or other exploitation of the Site or the Products and Services is strictly prohibited. You acquire absolutely no rights or licenses to the Site, the Content or the Products and Services other than the limited right to use the Site, the Content and the Products and Services in accordance with these Terms and Conditions. We reserve the right to suspend or terminate your use of the Site, the Content or the Products and Services immediately, without notice, in our sole discretion. You may not frame the Site, the Content or the Products and Services or any part thereof on any commercial or non-commercial internet website.

New Services and Modifications and Updates

Whenever new products or services are introduced on the Site as part of the Products and Services, which we may introduce from time to time in our sole discretion, your use of such Products and Services will be subject to these Terms and Conditions unless we notify you otherwise. We reserve the right, in our sole discretion, to modify or update these Terms and Conditions at any time and from time to time. If required by applicable law, we will notify you of any changes to these Terms and Conditions by notice on this Site. Your continued use of this Site following the effective date of any such change means that you agree to and accept these Terms and Conditions as amended. If you do not agree to any modifications of these Terms and Conditions, you must immediately stop using this Site and all Products and Services.

Ontario residents only: Despite any other section that refers to our right to modify these Terms and Conditions, if you are a resident of Ontario, we reserve the right to modify or update these Terms and Conditions (including changing the scope of the Products and Services, access to the Products and Services or the Membership Fee) (collectively, “Changes”) every six (6) months by providing you thirty (30) days’ advance notice of such Changes in accordance with applicable law. Upon receiving the notice, you may refuse the Changes and cancel these Terms and Conditions and stop using the Products and Services by sending us a notice to that effect to [●] within the time specified in the notice. If you do not agree with the Changes, then notwithstanding any cancellation of these Terms and Conditions, you agree that all outstanding amounts owing to us are immediately due and payable and that we have the right to bring suit and exercise all rights and remedies available under applicable law in respect of such outstanding amounts. If you do not notify us within the time specified in the notice, the Changes will take effect on the date indicated in the notice. In that case, you will be deemed to agree to the Changes which will apply to all access to and use of the Products and Services thereafter and will become part of these Terms and Conditions.

Privacy

By accessing and using this Site, you are consenting to the collection, use and disclosure of your personal information in accordance with Refresh’s Privacy Policy.

Disclaimer of Warranties and Liability

THE PRODUCTS AND SERVICES OFFERED ON THIS WEB SITE ARE PROVIDED “AS IS”, WITH NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. USE OF THIS SITE, THE CONTENT AND THE PRODUCTS AND SERVICES IS AT YOUR OWN RISK. NEITHER REFRESH NOR OUR SUPPLIERS MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS ABOUT THE QUALITY, ACCURACY, RELIABILITY, COMPLETENESS, CURRENCY, OR TIMELINESS OF THE SITE, THE CONTENT OR THE PRODUCTS AND SERVICES. REFRESH, TRANSUNION AND/OR OUR OTHER SUPPLIERS DO NOT ASSUME ANY RESPONSIBILITY FOR ANY ERRORS, OMISSIONS OR INACCURACIES IN THE SITE, THE CONTENT OR THE PRODUCTS AND SERVICES.

THE CONTENT IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO PROVIDE FINANCIAL ADVICE TO YOU AND YOU SHOULD NOT RELY UPON THE CONTENT TO PROVIDE ANY SUCH ADVICE. YOU SHOULD SEEK THE ADVICE OF PROFESSIONALS REGARDING THE EVALUATION AND VERIFICATION OF ANY CONTENT PROVIDED ON THE SITE AND, IN ANY EVENT, PRIOR TO MAKING ANY FINANCIAL DECISIONS BASED ON SUCH CONTENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, REFRESH AND/OR OUR SUPPLIERS DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THE SITE, THE CONTENT AND THE PRODUCTS AND SERVICES WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR THAT THE SITE, THE CONTENT AND/OR THE PRODUCTS AND SERVICES ARE OR WILL BE ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION.

IN NO EVENT WILL REFRESH AND/OR OUR SUPPLIERS BE LIABLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, FOR ANY DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE DAMAGES, LOST PROFITS, LOSS OF USE, LOSS OF DATA, PERSONAL INJURY, FINES, FEES, PENALTIES OR OTHER LIABILITIES), WHETHER OR NOT REFRESH AND/OR OUR SUPPLIERS ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM THE USE OF, OR THE INABILITY TO MAKE USE OF, THE SITE, THE CONTENT OR THE PRODUCTS AND SERVICES.

THE MAXIMUM AGGREGATE LIABILITY OF REFRESH 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 SITE PRODUCTS AND/OR SERVICES AND ANY RELATED INFORMATION AND CONTENT, WHETHER BASED IN CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, SHALL BE FIFTY CANADIAN DOLLARS (CAD$50.00).

Trade-marks

Certain names, words, titles, phrases, logos, designs, graphics, icons and marks displayed on the Site, in the Content or with the Products and Services may constitute trade-marks or trade names of Refresh or our licensors. Title to the Site, the Content and the Products and Services and the trade-marks or trade names displayed on the Site remains with Refresh and/or our respective licensors. Nothing contained in these Terms and Conditions or on the Site shall be construed as conferring by implication, estoppel or otherwise any license or right to use any trade-marks, trade-names, copyright or other intellectual property rights of Refresh or our licensors. Any unauthorized use of the Site, the Content or the Products and Services or the trade-marks, trade names, copyright or other intellectual property rights of Refresh and/or our respective licensors is strictly prohibited, and we reserve the right to take such steps as we deem necessary, including legal action, to enforce such rights.

Conformance with Law

You agree to use the Site, the Content and the Products and Services for lawful purposes only and in a manner consistent with all applicable local, national or international laws, rules and regulations. Potential users in any jurisdiction where laws (whether common or statutory) would: (i) void these Terms and Conditions in whole or in any essential part (the essential parts being at least, but not only, the provisions relating to the governing law and the disclaimer and limitation of liability); or (ii) render accessing the Site or the Content, or using the Products and Services, illegal, are not authorized to use the Site, the Content or the Products and Services.

Policy on Links to Third Party Web Sites

The Site may contain links to third party web sites. We do not represent, guarantee, or endorse any web site that you may access from this web site. In addition, if we provide a link to a web site, we do not represent, guarantee, or endorse the company or any of its offerings. Links contained on this web site are provided solely as a convenience to you. When you access a non-Refresh web site, please understand that the linked site and its content are not under our control. We are not responsible for web casting or any other form of transmission received from any linked sites. You are responsible for protecting your system from viruses and other invasive items.

User Information

Subject to the Privacy Statement (which covers our collection, use and disclosure of your personal information), should you provide electronically or through your access to or usage of the Site or the Products and Services, any information or materials including feedback data, such as questions, comments, suggestions or the like regarding any information contained on the Site, such information and/or materials provided by you shall be deemed to be non-confidential and we shall have no obligation of any kind with respect to such information and/or materials and shall be free to reproduce, use, disclose and distribute such information and/or materials to others without limitation. You hereby grant to us a transferable world-wide perpetual, irrevocable, royalty-free, non-exclusive license, including the right to sublicense to others, to use, reproduce, distribute, publish, modify, edit, translate, transmit, adapt and display any information and/or materials provided by you (in whole or in part) and/or incorporate such information and/or materials in any form, media or technology now known or developed in the future.

International Use

Because you can access this web site internationally, you agree to follow all local rules about the Internet, data, e-mail, and privacy. Specifically, you agree to follow all laws that apply to transmitting technical data exported from the United States, Canada or the country of your residence.

Applicable Law

The materials in this web site are designed for use by residents of Canada. These Terms and Conditions shall be governed, interpreted, and enforced according to the laws of the Province of British Columbia, Canada, regardless of conflict of laws rules.

Indemnification

You agree that your use of the Site, the Content or the Products and Services shall not be made the basis for any claim, suit, demand or cause of action or other proceeding against Refresh and/or our licensors. You agree, at your own expense, to indemnify and hold Refresh and our directors, officers, employees, representatives, agents, suppliers, subcontractors and licensors harmless against any claim, suit, demand, action or other proceeding brought against us, our directors, officers, employees, representatives, agents, suppliers, subcontractors and licensors by a third party as a result of your breach of these Terms and Conditions.

Severability

If any provision of this Agreement is held by a court of competent jurisdiction in any jurisdiction to be illegal, invalid or unenforceable, such provision shall be deemed to be severable and the remaining provisions shall remain in force and effect.

No Waiver

No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

Electronic Communications

By accessing this Website or sending electronic mail to us you are communicating with us electronically. By doing so, you agree to receive communications from us electronically. We will communicate with you by electronic mail at the electronic mail address provided by you or by posting notices on this Website or any other website that that may be generally designated in advance for such purpose. You consent to receiving electronically all agreements, notices, disclosures and other communications that we provide to you.

Copyright Notice

Copyright Ⓒ 2019 Refresh Financial Inc. All Rights Reserved. Except as otherwise stated, Refresh Financial Inc., Refresh Capital Corp. and/or their related companies own all Content contained in this web site. Content includes the information, text, graphics, web site design, and its selection, assembly, and arrangement. The Content is protected by copyright laws of Canada, the United States and other countries. The Content may not be used for any commercial purpose or copied, distributed, displayed, modified, or reverse engineered without our prior written permission. You may print or download portions of material from the web site solely for your own non-commercial use, if you do not change or delete any copyright or proprietary notices from the materials.

TransUnion Terms and Conditions

Certain portions of the data underlying the Products and Services, such as the consumer credit file and/or credit score (“Credit Services”) are provided by Trans Union of Canada, Inc. (“TransUnion”) at Refresh’s request and integrated into the Products and Services. TransUnion requires that you agree to the below terms and conditions in order to use the Credit Services and thus the Refresh Products and Services available on the Site. By using the Site or the Products and Services, you are agreeing to the below terms.

Eligibility and Availability

The availability of the Credit Services is subject to the discretion of Refresh. 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 Refresh.

TransUnion or Refresh 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 Refresh. Your cancellation will be effective after Refresh 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.

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 our website at www.transunion.ca for further details. TransUnion and Refresh are not responsible to correct inaccurate or outdated information in your credit report.

Not a Credit Repair Tool

Neither TransUnion or Refresh are 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.

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.

New Features

TransUnion or Refresh 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.

Disclaimer 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 OR REFRESH 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, ITS AFFILIATES AND REFRESH 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 OR REFRESH 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.

Release

You agree to release, discharge and hold TransUnion and Refresh 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 or Refresh 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.

Last Revised: March 2019

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