Your Acceptance of these Terms
These Terms of Use are a binding agreement between you and PlusCredit Ltd (“PlusCredit”) regarding your access to and use of the PlusCredit website (the “Website”). Each time you use the Website, you signify your unconditional acceptance and agreement, without limitation or qualification, to the most current version of these Terms of Use. If you do not unconditionally accept and agree to these Terms of Use, then you may not use the Website.
In this Agreement, a reference to the Website includes all of the Website’s content (including all text, graphics, images, video, and other elements available on or through the Website) and the design, structure, selection, arrangement and look and feel of each element of Website content and the Website as a whole.
Other Agreements
These Terms of Use relate to the Website only. Products and services advertised on or available through the Website are governed by other applicable agreements prescribed by PlusCredit or its corporate affiliates, including the PlusCredit General Terms of Service.
Certain features or functionalities of the Website are restricted to individuals who hold a valid and subsisting PlusCredit account, which is governed by the PlusCredit General Terms of Service.
Changes to these Terms of Use
PlusCredit in its sole discretion may change these Terms of Use at any time and from time to time, without any prior notice, by posting the changed Terms of Use on the Website at https://www.PlusCredit.ca/website-terms-use. The changed Terms of Use are effective immediately on posting on the Website, unless the changed Terms of Use expressly state otherwise. It is your responsibility to check the “Last Updated” date at the top of these Terms of Use and review any changes since the previous version. By using the Website after these Terms of Use have been changed by PlusCredit, you signify your unconditional acceptance and agreement to be bound by the changed Terms of Use. You may not change these Terms of Use in any manner.
Permitted Users
Anyone is welcome to visit and browse the Site. Only persons who are resident in a Canadian province or territory where PlusCredit does business and are at least the age of majority in their province or territory of residence may apply for any account, product or services available on or through the Site.
You may not use the Website if you do not accept and agree to these Terms of Use, if you have breached these Terms of Use or if your permission to use the Website has been suspended or terminated by PlusCredit. You may not enter any false, fraudulent, indecent, obscene, profane or otherwise inappropriate information into any application or other data entry form or page located on or through the Site, and you represent, warrant and agree that you will enter only true and accurate information into any form or page related to the Site, you will keep such information updated, and that you will use the Site only in compliance with all applicable laws. You acknowledge and agree that PlusCredit does and will cooperate with law enforcement officials and agencies in any investigation of potential or alleged violations of any applicable law. You acknowledge and agree that PlusCredit may investigate (or have investigated on its behalf) allegations of infringement of third party rights or abuse or any other inappropriate use of the Site.
The Site is visible across the world wide web and can therefore be viewed outside of PlusCredit’s home jurisdiction. The mere fact that you can view the Site from your jurisdiction does not imply that the products or services described on the Site are now, or will in future be, available in your jurisdiction.
Your Registration Information
You agree and understand that you are responsible for maintaining the confidentiality of your password which, together with your login e-mail address, allows you to access your account. That login email address and password, together with any mobile number or other information you provide form your “Registration Information.”
If you become aware of any unauthorized use of your Registration Information for the PlusCredit product(s) and service(s), you agree to notify PlusCredit immediately.
If you believe that your Registration Information or device that you use to access the PlusCredit product(s) and service(s) has been lost or stolen or that someone is using your account without your permission, you must notify PlusCredit immediately in order to minimize your possible losses by using the online chat option on the Site or by writing to us at support@pluscredit.ca.
Personal Information Privacy
By using the Website, you consent to the collection, use, disclosure and retention of your personal information by or on behalf of PlusCredit as explained in the PlusCredit Privacy Policy (online: https://www.PlusCredit.ca/privacy-policy), as revised from time to time, and as otherwise permitted by applicable law.
Your Use of the PlusCredit Product(s) and Service(s)
Your right to access and use the Site and the PlusCredit Product(s) and Service(s) is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use the Site and PlusCredit Product(s) and Service(s) for lawful purposes. Accurate records enable PlusCredit to provide the PlusCredit Product(s) and Service(s) to you. You must provide true, accurate, current and complete information about your accounts maintained at other websites, as requested in our Link Bank feature, and you may not misrepresent your Registration Information. In order for the PlusCredit Product(s) and Service(s) to function effectively, you must also keep your Registration Information up to date and accurate. If you do not do this, the accuracy and effectiveness of the PlusCredit Product(s) and Service(s) will be affected. You represent that you are the legal owner of, and that you are authorized to provide us with, all Registration Information and other information necessary to facilitate your use of the PlusCredit Product(s) and Service(s).
Your access and use of the PlusCredit Product(s) and Service(s) may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the PlusCredit Product(s) and Service(s) or other actions that PlusCredit, in its sole discretion, may elect to take. In no event will PlusCredit be liable to any party for any loss, cost, or damage that results from any scheduled or unscheduled downtime.
Your sole and exclusive remedy for any failure or non-performance of the PlusCredit Product(s) and Service(s), including any associated software or other materials supplied in connection with such services, will be for PlusCredit to use commercially reasonable efforts to effectuate an adjustment or repair of the applicable service.
From time to time, PlusCredit may include new and/or updated pre-release features (the “Beta Features”) in the PlusCredit Product(s) and Service(s) for your use and which permit you to provide feedback. You understand and agree that your use of the Beta Features is voluntary and PlusCredit is not obligated to provide you with any Beta Features.
Furthermore, if you decide to use the Beta Features, you agree to abide by any rules or restrictions PlusCredit may place on them. You understand that once you use the Beta Features, you may be unable to revert back to the earlier version of the same or similar feature. Additionally, if such reversion is possible, you may not be able to return or restore data created within the Beta Features back to the earlier version. The Beta Features are provided on an “as is” basis and may contain errors or inaccuracies that could cause failures, corruption or loss of data and/or information from any connected device. You acknowledge and agree that all use of the Beta Features is at your sole risk.
Intellectual Property Ownership; Use, and Limits on Use, of Site Content
Unless otherwise specified, the Site and all of its elements and contents, including without limitation all graphics, text, logos and elements of design and layout of the Site, and its general look and feel (the “PlusCredit Content”) are subject to copyright, trade mark, and other laws protecting intellectual property, and PlusCredit reserves all such rights. You agree not to intentionally, and to take all reasonable steps not to inadvertently, alter, corrupt, delete or add to the Site or any of the PlusCredit Content, or to alter or interfere with or attempt to alter or interfere with the operation of the Site, or to transmit or otherwise install or deliver to the Site any virus, worm or other damaging, invasive or disabling computer code that may control, monitor or otherwise affect the operation of the Site. Except as specified in this Agreement or as otherwise agreed by PlusCredit in writing, you may not save, copy, print, display, reproduce, distribute, publish, license, resell, modify or create derivative works from, any PlusCredit Content, or otherwise use any PlusCredit Content in any manner not expressly permitted herein.
Despite the previous paragraph, without waiving its copyright or any other proprietary rights in any such material, PlusCredit hereby grants you a fully revocable, non-exclusive license to view and print agreement terms, documents and agreement-related information visible on the Site, provided that: (a) such material may only be used for non-commercial/informational purposes; (b) subject to paragraph (c), you may not modify any such material from the form in which it prints directly from the Site, and must retain any copyright or other proprietary notices visible on the Site; (c) if you distribute any copy of such material as permitted by this clause, each copy which you distribute contains or has attached a copy of this Agreement and the Privacy Policy in their respective entireties; (d) you may not resell or otherwise charge any amount for providing such material to any other person; and (e) upon notice from PlusCredit of revocation of this license in writing or otherwise, you (and any person to whom you have at that time distributed a copy of any such material) will immediately cease the use of, and destroy, all such copies, except as may be required by law. Further, automated or systematic downloading or retrieval of any PlusCredit Content from the Site is prohibited, as are your use of the Site to sell a product or service or to increase traffic to your website for commercial reasons.
Permitted and Prohibited Use of the Website
Subject to these Terms of Use and all applicable laws, you may use the Website for your lawful, personal use for non-commercial purposes only, only in the manner purposefully made available by the Website and subject to these Terms of Use and all applicable laws. Use of the Website for any other purpose or in any other manner is strictly prohibited.
You will not: (a) use the Website in any manner or for any purpose except as expressly permitted by these Terms of Use; (b) use the Website for a commercial or business purpose (whether or not for profit) or on behalf of, or for the benefit of, any other person; (c) attempt to circumvent the ordinary navigational structure, technical delivery systems or display of the Website or attempt to access or use the Website by any means that is not purposely made available for that purpose by PlusCredit; (d) use the Website in a way that interferes with or disrupts the security, integrity, functionality, operation or performance of the Website or any related computer system, network or data; (e) license, sublicense, grant, sell, resell, lend, rent, lease, loan, share, transfer, assign, pledge, copy, reproduce, distribute, imitate, publish, republish, translate, repost, publicly display, publicly perform, transmit, distribute, create any interest in, commercially exploit, or otherwise give or make available or permit access or use of the Website to or for the benefit of any other person, whether as a service bureau or otherwise, and with or without charge; (f) index, crawl, catalogue, mirror, frame, scrape, cache, or otherwise collect or mine data from the Website for any purpose whatsoever, using any technologies, tools or methods (including robots, spiders, crawlers, or other automatic devices, programs or methodologies) whatsoever; (g) alter, violate, circumvent, conceal, modify or remove any notices (including proprietary rights notices), proprietary codes or locks, means of identification, digital rights tools or management information, technological protection measures, security or control measures, or agreements on, in or in relation to the Website; or (h) authorize, permit, assist, encourage or enable any other person to do any of the foregoing or to use the Website in a way that would constitute an infringement of the rights of PlusCredit or a breach of these Terms of Use if it were done by you. The foregoing restrictions do not apply if and to the extent, but only to the extent, that the restrictions are prohibited by applicable law.
Disclaimer of Representations and Warranties
While PlusCredit uses reasonable efforts to include accurate and up-to-date information on this Site, it makes no representations or warranties, and provides no conditions, as to the truth, accuracy, reliability, usefulness, timeliness or completeness of that information. PlusCredit does not guarantee, and provides no warranties or conditions, that the Site or the PlusCredit Services will be sufficient or appropriate for every individual or situation, will be current, uninterrupted or error free. THE SITE, THE PlusCredit CONTENT AND THE PlusCredit PRODUCT(S) AND SERVICE(S) ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS, AND YOU USE THIS SITE AND THE PlusCredit PRODUCT(S) AND SERVICE(S) AT YOUR OWN RISK. THE PlusCredit CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. THE INFORMATION PROVIDED MAY NOT BE ACCURATE OR CURRENT, MAY NOT APPLY TO YOUR PARTICULAR SITUATION, OR MAY NOT BE SUITABLE OR APPROPRIATE FOR YOU. PlusCredit STRONGLY URGES YOU TO CONSULT A PROFESSIONAL OR SOME OTHER AUTHORITY IN THE APPROPRIATE FIELD BEFORE USING ANY OF THE INFORMATION IT PROVIDES, AND YOU ACKNOWLEDGE THAT THE SITE AND THE PlusCredit PRODUCT(S) AND SERVICE(S) ARE NOT INTENDED TO, AND SHOULD NOT BE CONSIDERED TO, PROVIDE ANY LEGAL, TAX, FINANCIAL PLANNING OR ACCOUNTING ADVICE. If you require advice in such fields, you should consult the appropriate professional advisors.
PLUSCREDIT MAKES NO WARRANTY OR REPRESENTATION, AND PROVIDES NO CONDITION, THAT THE SITE OR THE PLUSCREDIT PRODUCT(S) AND SERVICE(S) WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS.
You are strongly advised to obtain and use appropriate anti-virus and security software.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PlusCredit HEREBY EXPRESSLY DISCLAIMS AND BY USING THIS SITE AND THE PlusCredit PRODUCT(S) AND SERVICE(S) YOU WAIVE ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER LEGAL, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED CONDITIONS, REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY, COMPATIBILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, QUALITY OR FITNESS FOR PARTICULAR PURPOSE OR THE RESULTS THAT MAY BE OBTAINED FROM THE SITE OR THE PlusCredit PRODUCT(S) AND SERVICE(S), WHETHER ARISING FROM STATUTE, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE. THIS SECTION 13 WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS. You specifically agree that PlusCredit will not be responsible for unauthorized access to or alteration of the Site or any of the PlusCredit PRODUCT(S) AND SERVICE(S) or your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through the Site or relating to the PlusCredit PRODUCT(S) AND SERVICE(S). You specifically agree that PlusCredit is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another’s rights, including intellectual property rights. You specifically agree that PlusCredit is not responsible for any content sent using or included in the Site or any of the PlusCredit PRODUCT(S) AND SERVICE(S) by any third party.
Not a Financial Planner, Broker or Tax Advisor
NEITHER PLUSCREDIT NOR THE PLUSCREDIT PRODUCT(S) OR SERVICE(S) ARE INTENDED TO PROVIDE LEGAL, TAX, FINANCIAL PLANNING OR ACCOUNTING ADVICE. PlusCredit IS NOT A FINANCIAL PLANNER, BROKER OR TAX ADVISOR. The PlusCredit product(s) and service(s) are intended only to assist you in managing your finances and are broad in scope. Your personal financial situation is unique, and any information and advice obtained through the PlusCredit product(s) and service(s) may not be appropriate for your situation. Accordingly, before making any final decisions or implementing any financial strategy, you should consider obtaining additional information and advice from your accountant or other financial advisers who are fully aware of your individual circumstances.
Ownership of Website
Copyright © 2024. PlusCredit Ltd. All Rights Reserved. The Website and the technologies and data used to operate the Website and all related proprietary rights (including copyright) are owned solely by PlusCredit and its licensors and are protected by Canadian and international intellectual property laws. You will not acquire any right, title or interest in, to or associated with the Website or any related technologies and data.
Trademarks
Other product and company names and logos appearing on the Website may be registered or unregistered trademarks, service marks or trade names of their respective owners. Any use of the trademarks, service marks or trade names displayed on the Website is strictly prohibited, and nothing appearing on the Website will be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any of those trademarks, service marks or trade names.
Linked Sites
For your convenience, the Website may provide links or references to Internet sites or resources operated by independent persons (collectively “Linked Sites”). Linked Sites are independent from PlusCredit, and PlusCredit does not endorse, nor have any responsibility nor any liability for, any Linked Site, any products, services or content available through a Linked Site or the collection of your personal information through a Linked Site or by the owner or operator of a Linked Site. Your use of a Linked Site and your dealings with the owner or operator of a Linked Site are at your own risk, and you will not make any claim against PlusCredit arising from, connected with, or relating to your use of a Linked Site, your dealings with the owner or operator of a Linked Site or any product, service or content available through a Linked Site.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NONE OF PlusCredit OR ANY THIRD PARTIES MENTIONED ON THE SITE AND THEIR RESPECTIVE AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, MANDATARIES, LICENSORS, SERVICE PROVIDERS AND REPRESENTATIVES, SHALL BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES INCLUDING LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, FAILURE TO REALIZE EXPECTED SAVINGS OR BUSINESS INTERRUPTION) ARISING FROM OR RELATING TO THE USE (OR INABILITY TO USE) THE SITE, THE PlusCredit PRODUCT(S) AND SERVICE(S), THE PlusCredit CONTENT, THE INFORMATION ON OR ANY LINK, PRODUCT OR SERVICE AVAILABLE THROUGH THIS SITE OR ANY OF THE PlusCredit PRODUCT(S) AND SERVICE(S), OR ARISING OUT OF ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE SITE OR RELATING TO THE PlusCredit PRODUCT(S) AND SERVICE(S). THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PlusCredit IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST PlusCredit, AND ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, MANDATARIES, LICENSORS, SERVICE PROVIDERS AND REPRESENTATIVES IN RESPECT OF ALL MATTERS REFERRED TO IN THE PRECEDING PARAGRAPH. IF FOR ANY REASON OR IN ANY CIRCUMSTANCE PlusCredit IS FOUND LIABLE TO YOU, THE MAXIMUM AGGREGATE LIABILITY TO YOU, FOR ANY AND ALL CLAIMS ARISING IN ANY WAY FROM OR RELATING TO THE USE (OR INABILITY TO USE) THE SITE, THE PlusCredit PRODUCT(S) AND SERVICE(S), THE PlusCredit CONTENT, THE INFORMATION ON OR ANY LINK, PRODUCT OR SERVICE AVAILABLE THROUGH THE SITE OR RELATING TO THE PlusCredit PRODUCT(S) AND SERVICE(S), OR ARISING OUT OF ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE SITE, RELATING TO THE PlusCredit PRODUCT(S) AND SERVICE(S) OR OTHERWISE, SHALL BE LIMITED TO CDN$10.00.
Your Indemnification of PlusCredit
You agree to indemnify and hold harmless PlusCredit, its affiliates, directors, officers, agents, mandataries, employees, licensors, partners, service providers and representatives for all losses, damages, expenses and costs, including reasonable legal counsel fees, arising from or in connection with any breach by you of this Agreement and/or your use or misuse of the Site or any PlusCredit Product(s) and Service(s) or PlusCredit Content.
DISCLAIMERS
GENERAL DISCLAIMERS: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE IS MADE AVAILABLE AND PROVIDED TO YOU ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS AND WITHOUT ANY REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES OF ANY NATURE OR KIND WHATSOEVER, WHETHER EXPRESS, IMPLIED OR STATUTORY, OR ARISING FROM CUSTOM OR TRADE USAGE OR BY ANY COURSE OF DEALING OR COURSE OF PERFORMANCE, INCLUDING ANY REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES OF OR RELATING TO ACCURACY, CAPACITY, COMPLETENESS, DELAYS, DURABILITY, ERRORS, FITNESS FOR A PARTICULAR PURPOSE, LACK OF NEGLIGENCE, VIRUSES OR OTHER HARMFUL COMPONENT, INTERRUPTED SERVICE, MERCHANTABILITY, NON-INFRINGEMENT, PERFORMANCE, RESULTS, QUALITY, TIMELINESS, TITLE OR WORKMANLIKE EFFORT, ALL OF WHICH ARE HEREBY WAIVED BY YOU AND DISCLAIMED BY PLUSCREDIT LTD TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW; AND NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES WILL BE CREATED BY ANY ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, PROVIDED BY OR ON BEHALF OF PLUSCREDIT LTD IF YOU ARE DISSATISFIED WITH THE WEBSITE, YOUR SOLE REMEDY IS TO DISCONTINUE USE OF THE WEBSITE.
LINKED SITES: WITHOUT LIMITING THE GENERALITY OF ANY OTHER DISCLAIMER, YOU ARE SOLELY RESPONSIBLE FOR THE SELECTION OF LINKED SITES TO ACHIEVE YOUR INTENDED RESULTS, AND YOU ACCESS, DEAL WITH, PURCHASE AND USE LINKED SITES AT YOUR OWN RISK. PLUSCREDIT LTD DOES NOT MAKE OR GIVE ANY REPRESENTATION, WARRANTY, CONDITION OR GUARANTEE OF ANY NATURE OR KIND WHATSOEVER, WHETHER EXPRESS, IMPLIED OR STATUTORY, OR ARISING FROM CUSTOM OR TRADE USAGE OR BY ANY COURSE OF DEALING OR COURSE OF PERFORMANCE, REGARDING ANY LINKED SITE. PLUSCREDIT IS NOT RESPONSIBLE OR LIABLE FOR, ANY LINKED SITE.
RESERVATION: THE LAWS IN SOME JURISDICTIONS PROHIBIT OR LIMIT THE DISCLAIMER OF CERTAIN WARRANTIES AND CONDITIONS OR THE EXCLUSION OR LIMITATION OF CERTAIN LIABILITIES, AND SO THE DISCLAIMERS AND LIABILITY EXCLUSIONS AND LIMITATIONS IN THESE TERMS AND CONDITIONS MIGHT NOT APPLY TO YOU.
DEFINITION: IN THESE TERMS OF USE, “PLUSCREDIT LTD” MEANS PLUSCREDIT AND ITS LICENSORS, SUPPLIERS AND SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, SHAREHOLDERS, DISTRIBUTORS, AND REPRESENTATIVES, JOINTLY AND SEVERALLY.
Claims of Copyright Infringement
If you believe that material in which you hold copyright is visible on the Site without your consent, please contact us immediately at: Suite 290, 6815-8 Street NE. Calgary, Alberta T2E 7H7.
Please provide details of where the material is visible along with a description of the material, as well as your own name and contact information and such other information as is reasonably necessary to allow us to determine whether the PlusCredit Content in question infringes.
Restrictions/Changes/Termination
The Website may contain technologies that restrict or limit the use of the Website (including restrictions based on time or location). PlusCredit in its discretion may change, suspend or terminate the Website, or limit, suspend or terminate your use of the Website, effective immediately at any time and without any prior notice or liability to you or any other person. The Website may be interrupted or unavailable from time to time, including for maintenance or due to causes beyond the control of PlusCredit, all without notice or liability to you or any other person.
If your permission to use the Website is terminated for any reason, then these Terms of Use will continue to apply and be binding regarding your access to and use of the Website before termination and all related matters (including any related dispute).
Modifications
PlusCredit reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site or PlusCredit with or without notice. PlusCredit reserves the right to change the PlusCredit product(s) and service(s) including applicable fees, in our sole discretion and from time to time. If you do not agree to the changes after receiving a notice of the change to the PlusCredit product(s) and service(s), you may stop using PlusCredit product(s) and service(s). Your use of the PlusCredit product(s) and service(s), after you are notified of any change(s) will constitute your agreement to such change(s). You agree that PlusCredit will not be liable to you or to any third party for any modification, suspensions, or discontinuance of the PlusCredit product(s) and service(s).
PlusCredit may modify this Agreement from time to time. Any and all changes to this Agreement may be provided to you by electronic means (i.e., via email or by posting the information on the Site). In addition, this Agreement will always indicate the date it was last revised. You are deemed to accept and agree to be bound by any changes to this Agreement when you use the PlusCredit product(s) and service(s), after those changes are posted.
Governing Law
Except as otherwise specified in the specific terms of any agreement arising through your use of the Site or any of the PlusCredit Services: (a) this Agreement is to be interpreted and governed by the laws of the Province of Alberta and the laws of Canada applicable therein, without reference to principles of conflicts of laws; and (b) the courts located in Calgary, Alberta and the courts of appeal therefrom will have exclusive jurisdiction to hear and decide any and all disputes arising under this Agreement or otherwise arising from or relating to the Site, the PlusCredit Services and/or any PlusCredit Content.
Disputes
In the event that the laws of the Canadian jurisdiction in which you reside require that the laws of such jurisdiction apply to this Agreement and/or a venue located in such jurisdiction to hear all disputes arising under this Agreement, the foregoing governing law and/or venue, as applicable, will not apply to you.
Except as expressly set out below, and unless applicable law requires otherwise, all disputes, controversies and claims arising under, out of, in connection with, or in relation to these Terms of Use or the Website or any related matter (a “Dispute”) will be referred to and finally resolved by binding arbitration administered by ICDR Canada in accordance with its Canadian Arbitration Rules. The number of arbitrators will be one. The place of arbitration will be Calgary, Alberta. The language of the arbitration will be the English language. If ICDR Canada is not operative, the arbitration will proceed ad hoc and be governed by the Arbitration Act (Alberta).
Notwithstanding the foregoing, PlusCredit may commence legal proceedings against you in the courts of any jurisdiction seeking injunctive relief (or similar urgent legal remedies) to enforce these Terms of Use or to protect PlusCredit’s rights and interests.
You will commence legal proceedings regarding a Dispute within twelve (12) months after the Dispute arises, after which time any and all legal proceedings by you regarding the Dispute will be forever barred. Any shorter time limit provided by law remains unaffected. The foregoing restrictions do not apply if and to the extent, but only to the extent, that the restrictions are prohibited by applicable law.
General Matters
Miscellaneous: These Terms of Use are binding on you and your heirs, executors, administrators, successors and personal representatives. These Terms of Use are for the benefit of PlusCredit. No consent or waiver by PlusCredit to or of any breach of these Terms of Use by you will be effective unless in writing and signed by PlusCredit or will be considered to be a consent to or waiver of a continuing breach or any other breach by you. The rights and remedies of PlusCredit under these Terms of Use are cumulative and not exhaustive or exclusive of any other rights or remedies to which PlusCredit Ltd may be lawfully entitled under these Terms of Use or at law, and PlusCredit Ltd may pursue any and all rights and remedies concurrently, consecutively and alternatively. You will not assign or transfer these Terms of Use or any of your rights and obligations under these Terms of Use without the express prior written consent of PlusCredit, which consent may be withheld in PlusCredit’s discretion. PlusCredit may, without your consent, assign its rights and obligations under these Terms of Use. If any provision of these Terms of Use is held by a court or arbitrator of competent jurisdiction to be unenforceable or invalid for any reason, then the provision will be deemed severed from these Terms of Use and the remaining provisions will continue in full force and effect unless as a result of the severance these Terms of Use would fail in their essential purpose.
Interpretation: In these Terms of Use: (a) a reference to “Terms of Use” refers to these General Terms of Use as a whole, and not just to the particular provision in which those words appear; (b) headings are for reference only; (c) words importing the singular number only include the plural, and vice versa; (d) “person” includes an individual, corporation and any other legal entity; (e) “including” or “includes” means including or includes (as applicable) without limitation or restriction; (f) “law” includes common law, equity, statutes and regulations; and (g) “discretion” mean a person’s sole, absolute and unfettered discretion.
Complete Agreement: These Terms of Use set out the entire agreement between you and PlusCredit regarding your use of the Website. These Terms of Use may not be modified except as set in this agreement. There are no representations, warranties, terms, conditions, undertakings or collateral agreements, express, implied or statutory, between you and PlusCredit regarding the Website. For greater certainty, products and services advertised on or available through the Website are governed by other applicable agreements.
Language: You and PlusCredit have each expressly requested and required that these Terms of Use and all related notices and other documents be drawn up in the English language. Les parties conviennent et exigent expressément que ce Contrat et tous les documents qui s’y rapportent soient rédigés en anglais. Subject to applicable law, any non-English translation of these Terms of Use provided by PlusCredit is for convenience only, and if there is a conflict or inconsistency between the English version and a non-English version then the English version of these Terms of Use will take priority and govern.
Entire Agreement and Severability: Unless otherwise specified in this Agreement, this Agreement constitutes the entire agreement between you and PlusCredit with respect to the Site and the PlusCredit and supersedes all prior or communications and agreements (whether oral, written, or electronic) between you and PlusCredit with respect to the Site and PlusCredit. If any part of this Agreement is held invalid or unenforceable, the remainder of this Agreement will remain in full force and effect.
If you have any questions or comments regarding these Terms of Use, please contact legal@PlusCredit.ca.
IF YOU DO NOT ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE THE WEBSITE.
