CREDSII INC. TERMS OF SERVICE

Effective Date: December 1, 2017

By accessing and using our Services (defined below), you are agreeing to these Terms of Service, our Privacy Policy, and any applicable Additional Terms (defined below) (collectively referred to as the "Agreement").

  1. Our Services

    When we refer to our "Services," we mean all products and services owned and operated by Credsii Inc. or any of its affiliated companies (collectively, "Credsii," "we," or "us"), including the content, features, tools, data, software and functions made available by Credsii through www.credsii.com, our mobile applications, and other websites or applications we operate, unless those websites or applications have posted separate or additional terms of service. As part of our Services, we may provide the following features (you may not see them all on the site yet, but stay tuned):

    We may add new features from time to time.

    We reserve the right in our sole and absolute discretion to make changes to how we operate and provide our Services, including adding new services, modifying existing services, or suspending, discontinuing, or terminating your access to any or all portions of our Services. We shall notify you of any of these changes to features if we are legally required to do so. Some of our Services are subject to additional terms and conditions ("Additional Terms"), which are posted separately from these terms but are incorporated and form a part of the Agreement if you decide to use or access those features. If there is a conflict between applicable Additional Terms and these terms, the Additional Terms will control.

  2. The Credsii Process
    1. General Requirements

      You will need to provide personal information to access our Services, like your free credit score range and personalized offers for products and services from our marketing partners. By providing information to Credsii, you certify that:

      • You have reached the age of majority in your province or territory of residence

      • Any information you provide to us, both when you register and in the future, is and will be true, accurate, current and complete

      • You are only registering an account for yourself

      • The credit score range ("Credit Score Range") provided through this platform provider is provided by Trans Union of Canada, Inc. ("TransUnion").

    2. Specific Consents

      When you provide your information to Credsii, you authorize us to collect basic information as well as other information that may be collected about you in accordance with our Privacy Policy as part of providing our Services. By completing the free Credit Score Range process, you also specifically consent to let us request and receive your consumer report data and other data about you from third parties:

      I understand that I am instructing Credsii or its affiliated companies to request and receive copies of consumer credit score range and related information about me from TransUnion (PO Box 338 LDC1, Hamilton, ON L8L 7W2). I understand that my instructions let Credsii and affiliated companies obtain such information at any time for as long as I continue using the Credsii service as described in the Terms of Service and Privacy Policy.

    3. Availability

      The availability of the Credit Score Range is subject to the discretion of this platform provider. The Credit Score Range is 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 access your Credit Score Range until such time as you have built sufficient credit history.

    4. Credit Score Range

      The Credit Score Range provided is based on a model created by TransUnion. A 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 Credit Score Range provided hereunder is for educational/informational purposes only and is not intended for use by lenders. The Credit Score Range provided here may not be based on the same score used by your lenders or other commercial users to make credit decisions about you. The Credit Score Range 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 Credit Score Range. Your provider does not maintain your Credit Score Range 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 is responsible to correct inaccurate or outdated information in your credit report.

  3. Limitations and Restrictions on Use of Our Services
    1. Analysis and Estimates

      As described in our Privacy Policy, we may use your Credit Score Range, and other relevant information we obtain to analyze, sort, and present certain information or features to you.

      Any analysis and estimates we provide as part of our Services are for illustrative and informational purposes only. Our analysis and estimates are based on certain assumptions and use only the data we have. Our analysis and estimates are neither endorsed by, nor commissioned by, any of our marketing partners. The methodology we use to determine which offers, analysis, or other information is presented or highlighted is proprietary and we may elect to consider, ignore, emphasize, or de-emphasize certain factors in our sole and absolute discretion.

    2. Third Party Offers

      With respect to offers from our marketing partners, we do not guarantee that you will be presented with offers for any particular types of products or services or that you will meet the approval criteria for any particular offer. It is always your choice whether to apply for a product or service offered by our marketing partners and we will never submit an application for a product or service to a marketing partner on your behalf without your consent.

    3. Not a Credit Repair Tool

      Credsii, its affiliates and TransUnion 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 Score Range hereunder is not a credit repair tool and Credsii, its affiliates, and TransUnion make 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.

    4. Right To Receive A Free Credit Report

      The Credit Score Range 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. Territorial Restrictions

      We offer our Services to select provinces and territories and we make no representations or warranties that the information, products, or services provided through our Services, or our Content (defined below), are appropriate for access or use in other jurisdictions. You are not permitted to access or use our Services in any jurisdiction or country if it would be contrary to the law or regulation of that jurisdiction or if it would subject us to the laws of, or any registration requirement with, such jurisdiction. We reserve the right to limit the availability of our Services or the provision of any of our Content to any person, geographic area, or jurisdiction, at any time and in our sole and absolute discretion.

    6. Compliance with Law

      You must comply with all applicable laws when using our Services. You are not permitted to use our Services to obtain any consumer credit report, range or other consumer credit information under false pretenses or in violation of applicable provincial, territorial or federal law, including consumer credit reporting and personal information legislation.

    7. Links to or Connections with Third Party Sites or Applications

      Our Services or communications to you may contain third party content or links to third party sites, applications or services (collectively, "Third Party Content"). Our Services may also include features that allow you to connect your Credsii account with accounts or services provided by third parties, such as accounts you maintain with social media platforms like Facebook (collectively, "Third Party Services"). We do not control, maintain, or endorse the Third Party Content or Third Party Services, and we are not responsible or liable for any Third Party Content or Third Party Services, including any damages, losses, failures, or problems caused by, related to, or arising from Third Party Content or Third Party Services. Your interactions and business dealings with the providers of the Third Party Content or Third Party Services, including products or services offered by such third parties, are solely between you and the third party. You should review all of the relevant terms and conditions associated with Third Party Content or Third Party Services, including any privacy policies and terms of service. We are not responsible for any information that you agree to share with third parties in connection with Third Party Content or Third Party Services.

  4. Ownership and Infringement
    1. Our Content

      All content and materials, including visual interfaces, information, data, and computer code, provided by us through our Services (our "Content") and all related intellectual property rights are the property of Credsii and its third-party licensors. Our Content is protected by Canadian and international intellectual property laws and treaties. You are permitted to use our Content only on our Services and you may not copy, modify, sell, reproduce, distribute, republish, display, post, create derivative or collective works from, or transmit in any form (including in-line linking or mirroring) our Content, in whole or in part, without our express prior written consent. You may not reverse engineer or reverse compile any of our Services or the technology used to operate our Services. Nothing in the Agreement or our Services grants you, by implication, estoppel, or otherwise, any license or right to use our Content except as expressly stated in the Agreement.

    2. Our Partners' Intellectual Property

      Our Services may also display certain intellectual property, such as company, product, and service name and logos, that is owned by our business or marketing partners (our "Partners' Intellectual Property"). Nothing in the Agreement or our Services grants you, by implication, estoppel, or otherwise, any license or right to copy, modify, sell, reproduce, distribute, republish, display, post, create derivative works from or transmit in any form (including in-line linking or mirroring) any of our Partners' Intellectual Property.

    3. Infringement of Rights

      You may not use our Services in any manner that infringes the rights of any third party.

      Credsii reserves the right to block or otherwise prohibit in our sole discretion any individual who repeatedly posts materials that are alleged to infringe the intellectual property rights of others.

  5. Public Contribution
    1. Our Posting Rules

      We may provide you and others with the opportunity on our Services (through forums, blogs, message boards, review pages, and similar features) to submit, post, and publish certain content and materials, including messages, reviews, photos, video, images, data, and text ("Public Content"). You must abide by any Additional Terms relating to Public Content that we may post ("Posting Rules") when publishing, uploading, or submitting your Public Content.

    2. License to Your Public Content

      By submitting, posting, or publishing your Public Content on or through our Services, you grant to Credsii a non-exclusive, unrestricted, perpetual, irrevocable, transferable, sub-licensable, royalty-free license to publish, host, store, transfer, distribute, modify, create derivative and collective works from, reproduce, display, perform, transmit, process, translate, communicate or otherwise use, in any manner and for any purpose, and in all forms or distribution methods now known or later developed, your Public Content, in whole or in part, to provide, optimize, improve, and promote or market our Services, and to create new products and services. This license includes the right to use your name, persona, user name, and likeness for the foregoing purposes without compensating you. This license also includes the right to publish your Public Content in a searchable format that may be accessed by other users of our Services. You also grant to other users of our Services anon-exclusive license to access and use your Public Content in connection with our Services.

    3. Responsibility for Public Content

      You are solely responsible for the Public Content that you submit, post, or publish via our Services. By submitting, posting, or publishing Public Content, you represent and warrant that (a) you are the creator and owner of the Public Content, or have the necessary licenses, rights, consents, and permissions to authorize us and other users to use for our benefit your Public Content as necessary to exercise the licenses granted by you in the Agreement, in the manner contemplated by us, our Services, and the Agreement, and (b) your Public Content complies with applicable Posting Rules.

      We do not endorse, represent, or guarantee the completeness, accuracy, reliability, or usefulness of any Public Content. You may see Public Content that maybe inaccurate, offensive, indecent, or objectionable. Credsii may, but is not obligated to, review, monitor, edit, control, distribute, refuse to distribute, block access, re-format, alter, delete, or remove Public Content for any reason, including to satisfy applicable law, enforce the Agreement, or protect the rights, property or safety of Credsii, Credsii users, or any third party, in each case without notice and in our sole and absolute discretion. We disclaim all liability for Public Content and you hereby waive any legal or equitable right or remedy you have against us with respect the Public Content. For additional details on our use of Public Content, please review our Privacy Policy.

    4. License to Use Your Feedback

      In addition to sharing your Public Content with Credsii, we also encourage you to tell us how we can improve your Credsii experience. We may provide you with opportunities to send us comments, suggestions and other feedback regarding problems with, or proposed modifications or improvements to, our Services ("Feedback") through email, social media, feedback forms, surveys, our Help Centre, and similar channels. By submitting, posting, or otherwise providing us your Feedback, you hereby grant us anon-exclusive unrestricted, perpetual, irrevocable, transferable, sub-licensable, royalty-free license to use your Feedback in any manner and for any purpose to provide, optimize, improve and promote or market our Services, and to create new products and services. This license includes the right to use your name, persona, user name, and likeness for the foregoing purposes without compensating you, all in accordance with our Privacy Policy.

  6. Monitoring of Our Services and Disclosure for Administrative and Legal Reasons

    Credsii has the right, but not the obligation, to monitor our Services electronically. We may access, use, preserve, transfer or disclose, at any time and without notice to you, any information (including Personal Information as defined in our Privacy Policy) as reasonably necessary to: (1) comply with any applicable law, regulation, subpoena, or legal process, or respond to any governmental request or cooperate with law enforcement, if we believe such action is required or permitted by law; (2) enforce the Agreement, including to investigate potential violations; (3) protect the safety, integrity, rights, or security of our members, our Services or equipment, or any third party; or (4) detect, prevent, or otherwise address fraud, security, or technical issues related to our Services or the services of our business partners.

  7. CREDSII DISCLAIMERS OF WARRANTIES AND LIABILITIES
    1. DISCLAIMERS

      WE PROVIDE OUR SERVICES, OUR CONTENT, AND ALL CONTENT AND MATERIALS AVAILABLE THROUGH OUR SERVICES "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EXPRESS, LEGAL OR IMPLIED. CREDSII, ON BEHALF OF ITSELF, ITS AFFILIATES AND ITS LICENSORS, DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, LEGAL OR IMPLIED, RELATING TO OUR SERVICES, OUR CONTENT, OR THE PUBLIC CONTENT, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, QUALITY, ACCURACY, TITLE AND NON-INFRINGEMENT, AND ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, CUSTOM OR TRADE.

      NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OUR SERVICES, OUR CONTENT, THE PUBLIC CONTENT, OR OTHERWISE AVAILABLE THROUGH OUR SERVICES WILL CREATE ANY WARRANTY REGARDING CREDSII OR ANY OF OUR SERVICES THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU USE OUR SERVICES, AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN OUR CONTENT, THE PUBLIC CONTENT, OR OTHER CONTENT AVAILABLE THROUGH OUR SERVICES, AT YOUR OWN DISCRETION AND RISK. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO OUR SERVICES, YOUR DEALINGS WITH ANY OTHER MEMBER OR THIRD PARTY, AND YOUR USE OF OUR CONTENT, THE PUBLIC CONTENT, OR OTHER CONTENT AVAILABLE THROUGH OUR SERVICES. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING ANY COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH OUR SERVICES), OR THE LOSS OF DATA THAT MAY RESULT FROM THE USE OF OUR SERVICES OR THE USE OF ANY OF OUR CONTENT, THE PUBLIC CONTENT OR OTHER CONTENT AVAILABLE THROUGH OUR SERVICES.

      YOU ACKNOWLEDGE THAT CREDSII IS SOLELY AN INTERMEDIARY (I) BETWEEN YOU AND ANY CREDIT REPORTING AGENCY OR OTHER INFORMATION PROVIDERS ACTUALLY SUPPLYING YOUR CREDIT REPORTS, CREDIT SCORE RANGE AND OTHER INFORMATION; AND (II) BETWEEN YOU AND OUR BUSINESS PARTNERS WHOSE OFFERS WE PRESENT. CREDSII EXPRESSLY DISCLAIMS ANY LIABILITY FOR ANY ERRORS OR OMISSIONS IN OUR CONTENT OR OUR SERVICES, INCLUDING THE INACCURACY OR INCOMPLETENESS OF ANY SUCH CREDIT REPORTS, CREDIT SCORE RANGE, OFFERS OR OTHER INFORMATION, TOOLS OR ANALYSES AVAILABLE THROUGH OUR SERVICES OR OUR CONTENT.

      NOTWITHSTANDING THE FOREGOING, NOTHING IN THIS SECTION SHALL AFFECT WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION OR RESTRICTION UNDER APPLICABLE LAW.

    2. LIMITATION OF LIABILITY

      CREDSII AND ITS REPRESENTATIVES, AGENTS, AND ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EQUITY HOLDERS, EMPLOYEES, PARENT ENTITIES, SUBSIDIARIES, AFFILIATED ENTITIES, REPRESENTATIVES, AGENTS AND LICENSORS (COLLECTIVELY, THE "CREDSII PARTIES") WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (SUCH AS LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF USE, LOSS OF DATA, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR RELATING IN ANY WAY TO OUR SERVICES, OUR CONTENT OR THE PUBLIC CONTENT.

      EXCEPT AS EXPRESSLY PROVIDED IN SECTION 10 (DISPUTE RESOLUTION AND ARBITRATION) OR REQUIRED BY APPLICABLE LAW (E.G., ANY NON-WAIVABLE RIGHTS OR REMEDIES), IN NO EVENT WILL THE TOTAL LIABILITY OF THE CREDSII PARTIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF, OR ANY INABILITY TO USE ANY PORTION OF, OUR SERVICES OR OTHERWISE ARISING OUT OF OR RELATING TO THE AGREEMENT, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED IN THE AGGREGATE ONE HUNDRED CANADIAN DOLLARS ($100.00).

      IF ANY OF THE FOREGOING LIMITATIONS ARE FOUND TO BE INVALID, THE CREDSII PARTIES' TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION OF ANY KIND OR NATURE WHATSOEVER SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

  8. TRANSUNION DISCLAIMERS OF WARRANTIES AND LIABILITIES

    THE CREDIT SCORE RANGE 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 SCORE RANGE; (II) ANY SYSTEMS, SOFTWARE, SITE OR CONTENT ON PROVIDERS SITE IN CONNECTION WITH THE CREDIT SCORE RANGE OR ANY OTHER PRODUCTS AND SERVICES MADE AVAILABLE TO YOU BY PROVIDER OR ACCESSED THROUGH PROVIDER; (II) THAT CONSUMER WILL HAVE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE CREDIT SCORE RANGE; OR (III) THAT THE CREDIT SCORE RANGE 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 SCORE RANGE ARE AT YOUR OWN RISK.

    BY USING THE CREDIT SCORE RANGE, 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 THE CREDIT SCORE RANGE, 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.

  9. Indemnification and Release
    1. Credsii Indemnification

      You will defend (if requested by any Credsii Party), indemnify, and hold harmless the Credsii Parties from and against any and all claims, losses, expenses, demands, or liabilities, including legal fees and disbursements on a substantial indemnity basis, incurred by the Credsii Parties in connection with any claim by a third party arising out of or in any way related to: (1) your use of our Services, our Content or the Public Content; (2) your violation or alleged violation of the Agreement or your violation or alleged violation of any applicable law; (3) your infringement or alleged infringement of any intellectual property or other right of any other person or entity; or (4) any dispute between you and a third party, including any provider of Third Party Content. You must not settle any such claim or matter without the prior written consent of Credsii. The Credsii Parties reserve the right, at their own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and you further agree that you will cooperate fully in the defense of any such claims.

    2. TransUnion 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 Score Range. 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 Score Range.

  10. Dispute Resolution and Arbitration
    1. Generally

      In the interest of resolving disputes between you and Credsii in the most expedient and cost-effective manner, you and Credsii agree that every dispute arising in connection with the Agreement will be finally resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of the Agreement, whether based in contract, tort, extra-contractual liability, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of the Agreement. The arbitrator also has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.

      YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THE AGREEMENT, YOU AND CREDSII ARE EACH WAIVING THE RIGHT TO PARTICIPATE IN A CLASS ACTION.

    2. Exceptions

      Despite the provisions of Section 10.1, you and us both agree that nothing in the Agreement will be deemed to waive, preclude or otherwise limit the right of either of us to: (a) bring an individual action in small claims court within its jurisdictional limits; (b) file a complaint with the applicable federal, provincial, territorial, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file a suit in a court of law solely for injunctive relief to stop unauthorized use or abuse of our Services or address an intellectual property infringement claim.

    3. Arbitrator

      All disputes arising out of or in connection with this agreement, or in respect of any legal relationship associated with or derived from this agreement, will be finally resolved by arbitration under the Arbitration Rules of the ADR Institute of Canada, Inc. (the "ADR Rules"), except as otherwise set out in this Agreement. The language of the arbitration will be English.

    4. Notice and Process

      A party who intends to seek arbitration must first send a written notice of the dispute to the other by certified mail ("Notice"). Credsii's address for Notice is: Credsii Inc., 300-192 Dundas Street, London, Ontario, Canada N6A 1G7 Attention: Legal Department. The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). You and Credsii agree to use good faith efforts to resolve the claim directly, but if you and Credsii do not reach an agreement to do so within 30 days after the Notice is received, you or us may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Credsii must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If, after finding in your favor in any respect on the merits of your claim, the arbitrator issues you an award that is greater than the value of Credsii's last written settlement offer made before an arbitrator was selected, Credsii will pay you the amount awarded by the arbitrator or fifteen thousand Canadian dollars ($15,000), whichever is greater. The arbitration proceedings, including any exchanged materials, shall be confidential and you and Credsii agree to use reasonable efforts to streamline the proceedings, including discovery, consistent with the objectives of efficient dispute resolution.

    5. Fees

      If you commence arbitration in accordance with the Agreement, Credsii will reimburse you for your payment of the commencement fee, unless your claim is for more than ten thousand Canadian dollars ($10,000), in which case the payment of any fees will be decided by the ADR Rules. Any arbitration hearing will take place at a location to be agreed upon in London, Ontario, Canada, but if the claim is for $10,000 Canadian dollars or less, or as otherwise required, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through anon-appearance based telephone hearing; or (c) by an in-person hearing as established by the ADR Rules in the jurisdiction of your registered account address. If the arbitrator finds that either the substance of the claim or the relief sought in the Demand is frivolous or brought for an improper purpose, then the payment of all fees will be governed by the ADR Rules. In that case, you agree to reimburse Credsii for all monies previously disbursed by it that are otherwise your obligation to pay under the ADR Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within fourteen (14) days of the arbitrator's ruling on the merits.

    6. No Class Actions

      YOU AND CREDSII AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR A CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

      Further, unless both you and Credsii agree otherwise, the arbitrator may not consolidate more than one person's claims or otherwise preside over any form of a representative or class proceeding.

    7. Modifications

      If Credsii makes any future change to this arbitration provision (other than a change to Credsii's address for Notice), you may reject the change by sending us written notice within 30 days of the change to Credsii's address for Notice, in which case your account with Credsii will be immediately terminated but this arbitration provision, as in effect immediately prior to the amendments you reject, will survive.

    8. Enforceability

      If any provision of this Section 10 is unlawful, void, or unenforceable for any reason, then that provision will be given effect to the greatest extent possible and the remaining provisions will remain in full force and effect. Notwithstanding the foregoing, if Section 10.6 is found to be unenforceable or if the entirety of this Section 10 is found to be unenforceable, then the entirety of this Section 10 will be null and void and, in that case, the parties agree that the jurisdiction and venue described in Section 12.1 will govern any action arising out of or related to the Agreement.

  11. Deactivation and Termination
    1. Termination of Agreement; Surviving Terms.

      The Agreement is effective while you complete the credit score range process and continue to receive information from Credsii, and will continue until you you discontinue all use of our Services. Notwithstanding the foregoing, any section of the Agreement that by its nature is intended to survive termination of the Agreement or your use or access to our Services or our Content will survive such termination.

    2. Discontinuing Use of the Services

      If you decide you want to cease using the services, please contact support@credsii.com.

  12. Miscellaneous
    1. Governing Law and Venue

      To the extent not prohibited by applicable laws, the Agreement is governed by the laws of the Province of Ontario, excluding conflicts of law provisions, and the federal laws of Canada applicable therein. To the extent not prohibited by applicable law, all claims arising out of or in any way related to the Agreement or our Services will be submitted to the non-exclusive jurisdiction of the court of competent jurisdiction in the City of London, Ontario, and you and Credsii submit to personal jurisdiction in those courts.

    2. Entire Agreement

      The terms of the Agreement (including the Privacy Policy, and any Additional Terms) constitute the entire and exclusive agreement between Credsii and you in connection with your use of our Services or our Content.

    3. Changes to the Agreement

      We may modify the Agreement at any time. We will post modifications to these Terms of Service on this page. If a change materially modifies your rights or obligations, you may need to accept the modified terms to continue to use our Services. Material modifications will take effect when you accept the modified terms; immaterial modifications will take effect when published. By continuing to use our Services following any modification to these terms, our Privacy Policy or any Additional Terms, you are agreeing to the Agreement as modified.

    4. Waiver Only in Writing

      Credsii's failure to enforce any of its rights or act with respect to a breach of by you or others of the Agreement does not constitute a waiver of any rights and will not limit Credsii's rights with respect to that breach or any subsequent breaches. No waiver by Credsii of any of the provisions in the Agreement will be of any force or effect unless made in writing and signed by a duly authorized officer of Credsii.

    5. Assignment

      Credsii may assign the Agreement to any party at any time without notice to you. You may not assign your rights under the Agreement, by operation of law or otherwise, without our consent.

    6. Severability

      If any provision or portion of a provision of this Agreement is determined by a court of competent jurisdiction to be invalid, illegal or unenforceable in any respect for any reason, then that provision will be given effect to the greatest extent possible and the invalidity or unenforceability of that provision or portion of provision shall not affect the validity or enforceability of the remainder of this Agreement. Nothing in the Agreement shall affect any non-waivable statutory rights or remedies that apply to you.

    7. Interpretation

      The titles and annotations contained in these terms are inserted only as a matter of convenience and have no legal or contractual effect. The Agreement will not be construed against Credsii because we drafted it.