Effective Date: February 1, 2020
Marble and its affiliates operate various websites (including but not limited to www.mymarble.ca and www.app.mymarble.ca, www.agent.mymarble.ca, www.mymarble.io, www.score-up.ca, www.creditmeds.ca, www.credit-md.ca (each a “Site”).
MARBLE and it’s subsidiaries, TPFM Phoenix Fund Management Ltd. and SCORE-UP Inc., and its affiliates (“Marble”, “we“, or “us”) have all rights to operate this Site, provide its customers (“you”) with information about MARBLE, and provide access to MARBLE Services.
Marble’s customers include individual users that have enrolled on the personal finance portal and customers include individual subscribers and reseller organizations that have executed and submitted a SCORE-UP Reseller Application and Agreement (in each case, a “Reseller”).
USE OF THE SITE
You are responsible for maintaining the confidentiality of your login credentials and for all access to and uses of the Services through such login credentials (whether or not authorized by you). You agree to immediately notify us of any unauthorized use or disclosure of your login credentials.
We reserve the right to suspend or terminate your access to the Content or the Services via this Site immediately, without notice, in our sole discretion.
Certain links on this Site may take you to websites that are owned and operated by third parties (“Third Party Sites”). We provide these links as a convenience only, and do not endorse or have any control over any Third Party Sites or their Content, or any products, services, or information they provide. If you decide to visit any Third Party Site, you do so at your own risk and waive any claims against Marble.
You agree to hold in strict confidence all information you receive from MARBLE as part of accessing the Services on the Site, including Content, and you agree not to distribute or copy any Content to any other third party, except as required by law. If you are required to disclose any information you receive from MARBLE by law, you shall provide MARBLE with ten (10) days written notice before any disclosure of such information. This restriction shall not prohibit you from disclosing the content of a consumer report to the consumer who is the subject of the report, provided a request for disclosure is duly made in accordance with applicable laws by such consumer.
You agree to protect any MARBLE confidential or proprietary information, which for greater certainty includes all Content, with at least the same degree of care you use to protect your own information of a similar nature (although not less than a reasonable degree of care of a prudent person) or as required under applicable laws.
If you provide us, electronically or through your access to or usage of the Site or the Services, any information or materials such as feedback data, questions, comments, suggestions or the like regarding any information contained on the Site, MARBLE shall have no obligation of any kind with respect to such information and/or materials and shall be free to reproduce, use, disclose, and distribute such information and/or materials to others without limitation. You hereby grant us a transferable world-wide perpetual, irrevocable, royalty-free, non-exclusive license, including the right to sublicense to others, to use, reproduce, distribute, publish, modify, edit, translate, transmit, adapt and display any information and/or materials provided by you (in whole or in part) and/or incorporate such information and/or materials in any form, media or technology now known or developed in the future.
PAYMENT FOR SERVICES
You agree that you will pay for all Services you purchase and that MARBLE may charge the credit card account as provided by you for the Services (including any applicable taxes). You are responsible for providing MARBLE with a valid credit card account, bank account, or loan details for payment of all fees at all times. Any payment made is non-refundable, except where required by applicable law. In the event that any such payment cannot be processed in such a manner as a result of the validity of the credit card, bank account, or loan details provided, MARBLE reserves the right to immediately suspend the availability of the Services.
This Site, and all Content, Services, products and services obtained through it are made available on an “as is” and “as available” basis, without any representation, warranty or condition of any kind, either express or implied, or any guarantee or assurance the Site or the Services will be available for use, or that all products, features, functions, services or operations will be available or perform as described. To the fullest extent permitted by law, MARBLE disclaims all implied representations, warranties and conditions relating to the Site, the Services, all Content, products and services obtained through the Site, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, non-infringement or availability of Service. MARBLE does not warrant that the Site or the provision of Services will meet your requirements or that the operation of the Site or the provision of Services will be uninterrupted or error-free, nor does MARBLE make any warranty as to the result that may be obtained from the use of the Site or the Services or as to the accuracy, reliability, suitability or content of the Site or the Services. You agree that access to and use of the Site and the information, products and services, or Content available on it is at your own risk. Neither MARBLE nor any supplier or licensor contributing to this Site is responsible for any errors or omissions in any information provided or any reliance on such information, Services, or Content. MARBLE does not warrant that it can accurately predict or cause a material improvement to your credit score, given that credit scores are driven by consumer spending habits, choices, and other factors beyond MARBLE’s control.
Without limiting the foregoing, we are not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of the Site or the Services. You understand, acknowledge and agree that you are assuming the entire risk including without limitation, for accuracy, performance, quality or security of any features or functions of the Site, or Content or loss of data associated with your use of the Site or the Services.
LIMITATION OF LIABILITY
IN NO EVENT WILL SCORE-UP AND/OR ANY OF ITS AFFILIATES OR THEIR RESPECTIVE, LICENSORS, SUPPLIERS, OR SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFIT, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE OR PERFORMANCE OF THE SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SCORE-UP HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST MARBLE ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR A CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Compliance with Laws
You agree to use the Site, Content and Services for lawful purposes only and in a manner consistent with all applicable local, national, or international laws, rules and regulations, including consumer reporting legislation and privacy legislation.
Benefit of the Agreement
Relationship of Parties
The relationship between you and Marble will be that of independent contractors. Nothing in the Agreement makes you or Marble, or any of your or its directors, officers, or employees, the representative, agent, trustee, principal, partner, joint venturer, employer, or employee of the other.
Electronic Communications, Communications & Consent
When you register on the Site and use the Services, you may be asked to consent to MARBLE and/or our third party business affiliates collecting, using and/or disclosing the personal information that you provide to us to confirm your financial situation and your initial and ongoing eligibility for other products and services outside of the Services (Other Products). In order to provide you with such products and services, you may be contacted by MARBLE and/or our third party business affiliates. In addition, you may also be asked to allow MARBLE and/or our third party business affiliates to perform a credit check on you, based on the information you have provided, to confirm your financial situation and your initial and ongoing eligibility for such products and services.
Unless you advise us otherwise, MARBLE and our third party business affiliates may offer you Other Products, including related products, services and pre-qualifications for other related or non-related credit or financial products and services. For Other Products, you acknowledge that: (i) all communications to you from MARBLE and its third party business affiliates may be done via SMS, telephone, electronic mail, email and postal mail; and (ii) MARBLE and our third party business affiliates may receive a referral fee for providing you with or referring you to a loan or other credit product or service.
The parties confirm that it is their wish that this Agreement be written in the English language only. Les parties confirment leur volonté que la présente convention soit rédigée en anglais seulement.