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Terms of Purchase
The Products (as defined below) available on this TrueCredit© sites (the “Site”) are provided by TransUnion Interactive, Inc. a Delaware corporation (“TUI”) and a corporate affiliate of TransUnion of Canada (“TransUnion”). TransUnion is the supplier of credit data to TUI for use in connection with the Products. TUI may make arrangements with one or more third parties, including TransUnion, to provide the Products to you or to sell you Products provided by a sub-contractor. TUI, TransUnion 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 (“Content”) and other services such as personal credit profiles and scores and credit monitoring (“Product(s)”).
The Site, the Content and the Products are provided to you subject to your agreement to be bound by these terms and conditions of purchase (“Terms of Purchase”). BY ACCESSING THE SITE AND PURCHASING THE PRODUCTS, YOU AGREE TO BE BOUND BY THESE TERMS OF PURCHASE. IF YOU DO NOT AGREE WITH ONE OR MORE OF THESE TERMS OF PURCHASE, DO NOT ACCESS OR USE THE SITE AND DO NOT PURCHASE ANY PRODUCT.
Capacity to Contract.
Purchase order requests and purchases of our Products may only be made by persons who have reached the age of majority in the jurisdiction in which they reside or are of legal age and who have the capacity to contract.
System Requirements.
Online ordering of Products requires the use of a secure browser such as Netscape Navigator 6.0 or higher or Microsoft Internet Explorer 5.5 or higher. Your Internet browser must support SSL (Secure Sockets Layer) with 128-bit encryption.
Membership and Auto-Renewal
"Credit Monitoring Unlimited" is a monthly membership. Credit alerts, TransUnion credit profiles, credit scores and debt analysis are available at your discretion as part of the Credit Monitoring Unlimited offering, but are subject to a limit of one new credit profile, together with related credit score and debt analysis, every 24 hours.
"Credit Monitoring", "Debt Monitoring" and "Credit Score Monitoring" are quarterly memberships. Credit profiles, credit scores and debt analysis are provided quarterly and are available for a period of 30 days.
These memberships automatically renew each quarter or, in the case of Credit Monitoring Unlimited, each month, indefinitely without action by the member, and the quarterly or monthly membership fee, as applicable, is charged to the member at the time of renewal. An enrollee whose membership fee has been paid is entitled to all privileges included in these memberships until the membership is cancelled by the enrolled member. Upon cancellation, the member loses access to the areas of the Site designated for members only. This could include any credit data and analyses that have been displayed in the past. A member may cancel the automatic renewal at any time prior to the next renewal date by notifying us via the toll-free number set forth in the Site for cancellations. To the maximum extent permitted by applicable law cancellation or termination will not entitle you to any refund. When you become a member entitled to "Credit Monitoring Unlimited", you understand that it is a membership that automatically renews itself every month on the monthly anniversary of your initial purchase. When you become a member entitled to "Credit Monitoring", "Debt Monitoring" and/or "Credit Score Monitoring", you understand that it is a membership that automatically renews itself every quarter on the quarterly anniversary of your initial purchase. On each renewal date we will charge the applicable membership fee to your credit card account, at the then prevailing rate, and your membership will continue automatically. When you become a member entitled to "Credit Alerts", you understand that it is a membership that automatically renews itself annually on the yearly anniversary of your initial purchase. We will charge the annual membership fee to your credit card account, at the then prevailing rate, and your membership will continue automatically.
We will charge membership fees to the credit card that was most recently used on the Site. Should your credit card fail to authorize, you will be notified via email immediately. The benefits of your membership (including, without limitation, online credit reports and weekly alerts) will be suspended until payment is received provided payment is received within 30 days. If payment is not received within 30 days, any previous data you may have received will be purged from our database, and your membership will be cancelled.
Ordering and Investigations
After an identity verification process, we will display the Products that you have selected to purchase and you understand that : (a) a fee is charged for the provision of these Products and that payment of this fee does not guarantee the completeness and/or accuracy of the information supplied; and (b) you have the right to dispute inaccurate information by contacting the consumer reporting agency directly. Neither you nor any credit repair company or credit service organization has the right to have accurate, current and verifiable information removed from your credit profile, score or other Products. Consumer reporting agencies will investigate your dispute within the delay specified under consumer reporting legislation and you will receive a letter indicating the results of the investigation. This will be mailed to you using Canada Post. Please allow 3-5 business days for mail delivery following the completion of the investigation.
Product Availability, Prices, Orders, Misprints and Errors.
We cannot guarantee that Products advertised on this Site will be available to you when you submit a purchase order or at any time thereafter or will be free of misprints or other errors. We reserve the right, at any time, without notice or liability to you or any other person, to no longer make Products available, change Products, prices, fees, shipping, service and other charges and to limit quantities of Products. If you submit a purchase order for which the price was incorrectly displayed or for which a Product and Service has been improperly described, or the Product and Service has changed we will give you the opportunity to cancel the order. If you submit a request for Products that are not available this will be indicated on this Site at the time of making the request. TUI reserves the right to reject any submitted purchase order.
Payment.
You agree to pay for all purchased Products, all applicable taxes and shipping charges. All prices, payments, shipping and associated costs for Products are in Canadian dollars.
Advertisements of Products on this Site Are Not Offers to Sell.
The advertisements on this Site are invitations to submit purchase orders and are not offers to sell. The fully and properly completed and submitted purchase order constitutes your offer to purchase the Product identified in your submitted purchase order. Your submitted purchase order shall be deemed to be accepted by us only if and when we send a purchase order acceptance to your e-mail address. Should you not receive a response from us regarding a submitted purchase order request, or if you experience a service interruption or error display, or other problem, it is your responsibility to confirm with us whether your purchase order has been submitted to us. We will not be responsible for any losses attributable to an assumption by you that a purchase order was not submitted because no response or acceptance was received by you.
Login Names and Passwords.
User accounts on this Site require the use of a unique login name and password. Passwords should not be obvious and should be changed regularly. You agree not to share your login name and password with any other person. You agree that you shall keep your login name and password confidential and that you shall not disclose the user login name and password to any person or allow any person to use it unless you obtain our express written authorization. You shall immediately notify us if there has been any unauthorized use of your login name and password, if it has become known to another person or if it has been lost or stolen or otherwise compromised. You agree to respond promptly to all complaints and concerns relating to the use of your login name or password or your use of this Site. You agree that you are solely responsible and liable for any use or misuse of your login name and password and for all transactions or other activities that occur under your login name and password. The security and privacy provided by using login names and passwords is not absolute and can be compromised. Your use of the login name and password is at your own risk.
Submission of Accurate Information.
You agree that all the information you provide to us shall be true, accurate, complete and current. You shall immediately notify us of any changes in the information you provided to us including registration, billing, payment, shipment and other transaction related information. We will rely on the information you provide. We assume no responsibility or liability for any damages that result from any false, inaccurate or incomplete information provided by you or your failure to update your information. You agree that you will be solely liable for all costs, losses and damages that you or us or any third person incurs as a result of your submission of any false, inaccurate, or incomplete information or your failure to update your information.
Use of the Site
You can only order your own Products. It is illegal to obtain information on a consumer other than yourself from us. BY CLICKING AGREE AND SUBMIT ORDER, YOU CERTIFY THAT YOU ARE THE PERSON WHOSE PERSONAL INFORMATION OR CREDIT INFORMATION IS BEING REQUESTED.
Except as expressly provided in these Terms of Purchase, any reproduction, retransmission, distribution, sale, republication, modification, translation of or creation of derivative works based on the Site, the Content and/or the Products in whole or in part, and any decompilation, disassembly, reverse engineering or other exploitation of the Site or the Services is strictly prohibited. You acquire absolutely no rights or licenses to the Site, the Content or the Products other than the limited right to use the Site, the Content and the Products in accordance with these Terms of Purchase. We reserve the right to suspend or terminate your use of the Site, the Content or the Products immediately, without notice, in our sole discretion. You may not frame the Site, the Content or the Products or any part thereof on any commercial or non-commercial internet website.
If you have been denied, or were otherwise notified of an adverse action related to, credit, employment, or other benefit within the last 60 days and a TransUnion credit file was used in the decision process, you are entitled to discuss your credit file with a TransUnion associate, by dialing 1-866-525-0262. Residents of Quebec, please contact 1-877-713-3393.
Residents of Canada are entitled to one or more free regulatory consumer disclosure during each calendar year which will contain all information requiring disclosure under consumer reporting legislation. This service is available by visiting one of the TransUnion offices or by mailing in a request.
New Services and Modifications and Updates
Whenever new products or services are introduced on the Site as part of the Products , your use of such Products will be subject to these Terms of Purchase unless we notify you otherwise. We reserve the right, in our sole discretion, to modify or update these Terms of Purchase at any time and from time to time. We will notify you of any changes to these Terms of Purchase by notice on this Site. Your continued use of this Site after following notice of such change means that you agree to and accept these Terms of Purchase as amended. If you do not agree to any modifications of these Terms of Purchase, you must immediately stop using this Site.
Privacy
By accessing and using this Site, ordering the Products and/or contacting our call centre, you are consenting to the collection, use and disclosure of your personal information in accordance with the Privacy Policy.
Disclaimer of Warranties and Liability
THE PRODUCTS 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 IS AT YOUR OWN RISK. NEITHER TRANSUNION, TUI 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 . TRANSUNION, TUI AND/OR OUR SUPPLIERS DO NOT ASSUME ANY RESPONSIBILITY FOR ANY ERRORS, OMISSIONS OR INACCURACIES IN THE SITE, THE CONTENT OR THE PRODUCTS .
THE SITE, CONTENT AND PRODUCTS ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND ARE NOT INTENDED TO PROVIDE FINANCIAL ADVICE TO YOU AND YOU SHOULD NOT RELY UPON THEM TO PROVIDE ANY SUCH ADVICE. YOU SHOULD SEEK THE ADVICE OF PROFESSIONALS REGARDING THE EVALUATION AND VERIFICATION OF ANY CONTENT OR PRODUCTS PROVIDED ON THE SITE AND, IN ANY EVENT, PRIOR TO MAKING ANY FINANCIAL DECISIONS BASED ON THEM.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TRANSUNION, TUI AND/OR OUR SUPPLIERS DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THE SITE, THE CONTENT AND THE PRODUCTS 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 ARE OR WILL BE ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. IN NO EVENT WILL TRANSUNION, TUI 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 TRANSUNION, TUI 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 .
Trade-marks and Copyright
Certain names, words, titles, phrases, logos, designs, graphics, icons and marks displayed on the Site, in the Content or with the Products may constitute trade-marks or trade names of TransUnion, TUI or our licensors. Title to the Site, the Content and the Products and the trade-marks or trade names displayed on the Site remains with TransUnion, TUI and/or our licensors. Nothing contained in these Terms of Purchase 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 TransUnion, TUI and/or our licensors. Any unauthorized use of the Site, the Content or the Products or the trade-marks, trade names, copyright or other intellectual property rights of TransUnion, TUI or our 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 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 of Purchase 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 , illegal, are not authorized to use the Site, the Content or the Products .
Terms of Use
By using the site, you have agreed to be bound by the terms of the Terms of Use.
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 of Purchase shall be governed, interpreted, and enforced according to the laws of the Province of Ontario, Canada, regardless of conflict of laws rules.
Consumer Reporting Act
The credit facilities provided or requested through our Site are not intended to constitute the disclosure of information by a consumer reporting agency as required by the Consumer Reporting Act (Ontario) or similar laws. A "Consumer Disclosure" is a credit report that only you can access. Creditors do not have access to this version. Unlike a Credit Profile, a Consumer Disclosure lists all inquiries made to your credit information, including account management inquiries. Provincial consumer reporting legislation outlines a consumer's right to obtain a copy of their consumer disclosure from consumer reporting agencies, free of charge, by requesting this information to be supplied through the mail.
Indemnification
You agree that your use of the Site, the Content or the Services shall not be made the basis for any claim, suit, demand or cause of action or other proceeding against TransUnion, TUI and/or their licensors. You agree, at your own expense, to indemnify and hold TransUnion, TUI and/or their directors, officers, employees, representatives, agents and licensors harmless against any claim, suit, demand, action or other proceeding brought against us, our directors, officers, employees, representatives, agents and licensors by a third party as a result of your breach of these Terms of Purchase.
Severability
If any provision of these Terms of Purchase 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 of Purchase shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
Electronic Communications
By accessing this Site 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 Site 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 (c) 2008 TransUnion Interactive, Inc. All Rights Reserved. Except as otherwise stated, TransUnion, TUI or their respective 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 (collectively "Content"). The Content is protected by copyright laws of the United States, Canada 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.
Last Revised: June 2008
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(c) Copyright 2012 TransUnion Interactive All Rights Reserved.