Dear CreditView User:
We updated our Terms and Conditions in May of 2018 and wanted to provide you with a summary of the important changes for your convenience. In addition, we recommend that you read the updated document carefully:
- We have enhanced our consent language to allow us to use your personal information to present you with marketing offers, while providing you with an easy way to opt out within the CreditView Site.
- We have clarified that you can terminate your enrolment in CreditView by contacting either your provider or us.
- We have clarified the information about the refresh frequency of the services so that is it clear that the services are not “real time" and are updated periodically, as determined by your provider.
- We have added new language about marketing offers, which may be available to you at the option of your provider, and the consequences of accepting them.
- We have clarified how we use email communication to contact you.
- We have expanded our Disclaimer of Warranties and Liabilities and Release provisions.
- We have added a venue for the hearing of disputes related to the Terms and Conditions.
- We have added Waiver and Severability provisions.
TransUnion Consumer Interactive
Terms and Conditions – CreditView Dashboard
(Updated May 2018)
THE TERMS AND CONDITIONS BELOW CONTAIN AN ARBITRATION AGREEMENT AND A CLASS ACTION WAIVER.
Welcome to CreditView Dashboard (herein referred to as “CreditView"), provided by TransUnion Consumer Interactive, Inc. a Delaware corporation (“TUI" or “TransUnion Interactive") and a corporate affiliate of Trans Union of Canada, Inc. (“TransUnion"). TUI and TransUnion are referred to herein collectively as, "we", "us" and "our".
CreditView is provided to you subject to your agreement to be bound by these terms and conditions of use ("Terms and Conditions"). Please review them carefully. We strongly recommend that you save or print a copy of these Terms and Conditions for future reference. YOU MUST ACCEPT THE TERMS AND CONDITIONS BELOW BEFORE YOU WILL BE PERMITTED ACCESS TO CREDITVIEW. IF YOU DO NOT AGREE WITH ONE OR MORE OF THESE TERMS AND CONDITIONS, DO NOT ACCESS OR USE CREDITVIEW. In addition, CreditView may be subject to your provider’s online terms and conditions.
CreditView is only available if we 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 CreditView until such time as you have built a sufficient credit history. We may terminate access to CreditView for any reason and without notice, including but not limited to a breach by you of these Terms and Conditions. You may ask to cancel your enrollment at any time by contacting your provider or TransUnion. Your cancellation will be effective after a reasonable processing period. Upon cancellation, you will lose access to CreditView, including any credit data and analyses that have been displayed to you in the past.
Registration and Accurate Information
If you chose to access CreditView, you may be required to register, provide personal information and/or select a user name and password. You agree to provide accurate information in your registration and not to share your password with third parties. You agree not to impersonate another person or to select or use a user name or password of another person. You agree to notify TransUnion Interactive promptly of any unauthorized use of CreditView and of any loss, theft or disclosure of your password. Failure to comply with these requirements shall constitute a breach of these Terms and Conditions and shall constitute grounds for immediate termination of your right to access CreditView. The security and privacy provided by using login names and passwords is not absolute and can be compromised. Your use of the user name and password is at your own risk. You are responsible for protecting your CreditView account and password and for all use of your CreditView account by you and other users (whether authorized or not).
Your provider may select an option to enable marketing offers to be presented to you within CreditView. In that event, you also consent to the use of your credit information by TUI to present you with marketing offers within CreditView. You can manage your marketing preferences in CreditView and opting out of marketing offers will not affect your access to credit information. Please visit “My Account" > “My Settings" within CreditView to manage your marketing preferences. We do not guarantee that you will be presented with offers, nor that you will meet the criteria set by your provider to receive offers. If you decide to accept an offer, you will be re-directed to your provider’s website, where you will be required to complete an application process solely determined by your provider. Although your access to CreditView will not impact your credit score, an application for credit may result in a credit-related or “hard" inquiry on your credit file, which could impact your credit score. Neither TransUnion nor TUI are involved in the application or loan approval process and disclaim all responsibility for losses or damages you experience as a result of your acceptance of such offer or receipt of a credit product. Any such losses or damages are between you and your provider. The presentation of an offer within CreditView is for information purposes only, is not an endorsement of your eligibility for credit and should not be construed as financial or legal advice. Any questions regarding marketing offers and your eligibility to receive offers should be directed to your provider.
TransUnion Credit Score
The credit score provided is your CreditVision Risk Score, which is a model created by TransUnion. The CreditVision Risk 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 provided by CreditView are for educational/informational purposes only and are not intended for use by lenders. The credit score provided through CreditView may not be the same score used by your lenders or other commercial users to make credit decisions about you, including but not limited to a credit decision arising from an offer you received within CreditView. CreditView can only evaluate the account information that appears on your TransUnion consumer credit report. Accounts not reported to, or subsequently deleted from, your TransUnion consumer credit report will not be reflected in your score. TransUnion Interactive does not maintain your credit report information and is not able to make any changes to it. TransUnion Interactive cannot initiate any disputes on your behalf. Neither TransUnion Interactive nor TransUnion is responsible for inaccurate results, including any due to incorrect, incomplete, or outdated information in your credit report.
Refresh Frequency of Services in CreditView
Credit alerts, TransUnion credit reports and credit scores will be updated periodically during your enrollment in CreditView and should not be considered “real-time". Services are subject to a refresh frequency limit determined by your provider.
CreditView has a credit score simulator that estimates how certain changes in your credit behavior may impact your credit score. This simulator shows how these changes may impact the credit score displayed on CreditView, which is the CreditVision Risk Score. Simulated scores and score changes simulated by CreditView are only predicated estimates. Neither TransUnion nor TUI guarantee that your actual credit score will change by the same amount, in the same way, or at all.
Not a Credit Repair Tool
TransUnion and TUI are not credit repair or credit counseling organizations or similarly regulated organizations under other applicable law, and do not provide credit repair advice. CreditView is not a credit repair tool and TUI makes no representation or promise that it will improve your credit report, credit history or credit score or provide you with any assistance in that regard.
You agree to receive, in electronic form, these Terms and Conditions and all other commercial electronic messages regarding CreditView, and products and services offered by TUI or our third party business associates (such as, financial institutions, telecommunications companies, retailers, insurance companies or real estate companies) that compliment CreditView. You can withdraw consent to allow TUI or our third party business associates to send you commercial electronic messages by making use of the unsubscribe mechanism included in a promotional email you receive from us or a third party business associate or by contacting us as outlined below (see “Notices").
As part of CreditView, we may send you credit alerts by email, text message or telephone or emails confirming your enrolment or cancellation of CreditView. You consent to receive these non-commercial communications and any other service-related electronic messages. If you unsubscribe for marketing commercial electronic messages, you will continue to receive service-related electronic messages from us.
Right to Receive a Free Credit Report
The credit and personal information provided to you as part of CreditView 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.
We may, from time to time, introduce new features to CreditView or modify or delete existing features in our 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.
The images, text, screens, web pages, materials, data, content and other information ("Content") used and displayed on CreditView are the property of TransUnion Interactive or its licensors (including third party licensors such as your provider) and are protected by copyright, trademark and other laws. In addition to our rights in individual elements of the Content within CreditView, TransUnion Interactive owns copyright or patent rights in the selection, coordination, arrangement and enhancement of such Content. You may copy the Content from CreditView for your personal or educational use only, provided that each copy includes any copyright, trademark or service mark notice or attribution as they appear on the pages copied. Except as provided in the preceding sentence, none of the Content may be copied, displayed, distributed, downloaded, licensed, modified, published, reposted, reproduced, reused, sold, transmitted, used to create a derivative work or otherwise used for public or commercial purposes without the express written permission of TransUnion Interactive or the owner of the Content.
Disclaimer of Warranties and Liabilities
CREDITVIEW, INCLUDING ALL CONTENT, PRODUCTS AND SERVICES MADE AVAILABLE ON OR ACCESSED THROUGH CREDITVIEW, IS PROVIDED TO YOU "AS IS".
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, NEITHER TRANSUNION INTERACTIVE, TRANSUNION NOR THEIR AFFILIATES MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER AS TO THE CONTENT, PRODUCTS OR SERVICES OR INFORMATIONAL CONTENT AVAILABLE ON OR ACCESSED THROUGH CREDITVIEW, THAT A USER WILL HAVE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO CREDITVIEW, THE CONTENT, THE PRODUCTS OR SERVICES OR INFORMATIONAL CONTENT OR THAT CREDITVIEW, THE CONTENT, THE PRODUCTS OR SERVICES OR INFORMATIONAL CONTENT WILL BE ERROR-FREE.
IN ADDITION, TRANSUNION INTERACTIVE, TRANSUNION AND THEIR AFFILIATES DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON INFRINGEMENT.
THEREFORE, YOU AGREE THAT YOUR ACCESS TO AND USE OF CREDITVIEW, THE CONTENT THE PRODUCTS AND SERVICES AND THE INFORMATION CONTENT ARE AT YOUR OWN RISK.
BY USING CREDITVIEW, YOU ACKNOWLEDGE AND AGREE THAT NEITHER TRANSUNION INTERACTIVE, TRANSUNION NOR THEIR 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 CREDITVIEW, THE CONTENT, THE PRODUCTS OR SERVICES OR THE INFORMATIONAL CONTENT (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), INCLUDING LIABILITY ASSOCIATED WITH ANY VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT.
You agree to release, discharge and hold TransUnion Interactive, TransUnion and their affiliates harmless from any and all claims, losses, damages, obligations, or liabilities, directly or indirectly relating from your use of CreditView. In no event shall TransUnion Interactive, TransUnion or their affiliates be liable for any direct, incidental, special, punitive or consequential damages however caused arising out of your use, or inability to use, CreditView.
The laws applicable to the interpretation of these terms and conditions shall be the laws of the Province of Ontario and applicable federal law, without regard to any conflict of law provisions. TransUnion Interactive can provide credit information only for individuals who have established credit in Canada. If you choose to access CreditView from outside Canada, you do so at your own initiative and are responsible for compliance with local laws.
Policy Regarding Children
You must have reached the age of majority in your province of residence to access CreditView. We define children as individuals under the age of majority in their province of residence. CreditView is not intended for the use of children and we do not intend to collect information about children through CreditView.
Policy on Links to Third Party Web Sites
CreditView may contain links to third party web sites. TUI does 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-TUI web site, the linked site and its content are not under our control. Your dealings with the third party, and any products or services obtained from the third party, are subject to your agreements with them. TUI is 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.
You should send any notices or other communications regarding CreditView, including products or services accessed through CreditView, to TransUnion Interactive, 100 Cross Street, Suite 202, San Luis Obispo, CA 93401.
Except as otherwise provided, we may send any notices to you to the most recent e-mail address you have provided or, if you have not provided an e-mail address, to any e-mail or postal address that we believe is your address. If you wish to update your personal information, please go to “My Account" and then to “My Information."
AGREEMENT TO RESOLVE DISPUTES BY BINDING INDIVIDUAL ARBITRATION
THIS SECTION IS AN AGREEMENT TO ARBITRATE DISPUTES (“ARBITRATION AGREEMENT") THAT MAY ARISE AS A RESULT OF YOUR ACCESS TO AND USE OF CREDITVIEW, YOUR USE OF THE PRODUCTS OR SERVICES ACCESSED BY CREDIT VIEW, AND/OR THESE TERMS AND CONDITIONS.
Except where prohibited by law, you agree that any dispute, claim or controversy (“Claim") between you and TransUnion Interactive or TransUnion, their respective parent, agents, contractors, employees, officers or assignees, arising out of or relating in any way to your access to and use of CreditView, your access or use of any product or service accessed through CreditView, and these Terms and Conditions, or in respect of any legal relationship associated with or derived from these Terms and Conditions, including, without limitation, tort and contract claims or claims based on any federal, provincial or local statute, law or regulation must be resolved exclusively by private and confidential binding arbitration, to the exclusion of the courts.
YOU UNDERSTAND AND AGREE THAT SUCH CLAIM WILL BE ARBITRATED ON AN INDIVIDUAL BASIS AND THAT NO CLAIM, DISPUTE OR CONTROVERSY MAY BE CONSOLIDATED WITH A DISPUTE OF ANY OTHER PERSON IN ARBITRATION, OR RESOLVED ON A CLASS-WIDE BASIS BY A CLASS ACTION OR OTHER PROCEEDING AND YOU HEREBY WAIVE YOUR RIGHT TO COMMENCE OR PARTICIPATE IN ANY SUCH COLLECTIVE OR REPRESENTATIVE PROCEEDING. Unless a different procedure is required by applicable law, the arbitration will be conducted before a single arbitrator pursuant to the ADRIC Arbitration Rules of the ADR Institute of Canada (the “ADRIC"). The place of mediation shall be Toronto, Ontario. The language of the arbitration shall be English.
You understand and agree that before you take a dispute to arbitration under this Agreement, you must first contact our customer account representatives and give us an opportunity to resolve this dispute. Similarly, before TransUnion Interactive takes a dispute to arbitration, we must first attempt to resolve it by contacting you. If the dispute cannot be satisfactorily resolved within sixty (60) days from the date you or TransUnion Interactive is notified by the other of a dispute, either party may then contact the ADRIC in writing and request arbitration of the dispute. Information about the arbitration process and the ADRIC’s arbitration rules and its fees are available from the ADRIC on the Internet at http://www.amic.org/.
This Arbitration Agreement and any proceedings hereunder shall be governed by the Arbitration Act, 1991 (Ontario) as amended or replaced from time to time.
In the event of a conflict between the applicable arbitration rules and this Arbitration Agreement, this Arbitration Agreement shall govern. To the extent that the class action and collective action waivers contained herein are rendered invalid or unenforceable by applicable law as to any Claims, this Arbitration Agreement shall not apply to such Claims and thus we may elect to proceed exclusively in court. If any other provision of this Arbitration Agreement should be found invalid or unenforceable, such a determination shall not affect the enforceability of the remaining provisions, which shall remain and continue in full force and effect. Notwithstanding the foregoing, we reserve the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts. If applicable, you irrevocably and unconditionally submit to the courts of the Province of Ontario, or if such courts do not have subject-matter jurisdiction, to the Federal Court of Canada.
We will not be deemed to have waived any of our rights or remedies under these Terms and Conditions unless such waiver is in writing and signed by us. No delay or omission on our part in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.
If any provision of these Terms and Conditions conflicts with applicable or if any provision of these Terms and Conditions is held invalid or unenforceable by a court of competent jurisdiction, that provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law. The remaining provisions of these terms and conditions and the application of the challenged provision to persons or circumstances other than those as to which it is invalid or unenforceable will not be affected thereby, and each of those provisions will be valid and enforceable to the full extent permitted by law.
Version Date: May 2018