1. Introduction
Welcome to UnDebt. These Terms of Service (“Terms”) govern your access to and use of the UnDebt website, mobile applications, and services (collectively, the “Services”).
By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not access or use the Services.
Please read these Terms carefully, as they contain important information about your legal rights, remedies, and obligations. By using our Services, you are entering into a legal contract with UnDebt.
2. Services
UnDebt provides debt relief services to help Canadians manage and reduce their debt. Our Services may include, but are not limited to:
- Debt consolidation
- Consumer proposals
- Credit counseling
- Financial planning
- Creditor negotiation
The specific services available to you will depend on your financial situation, eligibility, and the agreements you enter into with UnDebt. We reserve the right to modify, suspend, or discontinue any part of our Services at any time without notice.
3. Eligibility
To use our Services, you must:
- Be at least 18 years of age
- Be a resident of Canada (excluding Quebec for certain services)
- Have the legal capacity to enter into binding contracts
- Provide accurate and complete information about yourself and your financial situation
By using our Services, you represent and warrant that you meet all eligibility requirements. If you are using the Services on behalf of a company or other entity, you represent and warrant that you have the authority to bind that entity to these Terms.
4. Your Account
When you create an account with us, you must provide accurate, complete, and current information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
You agree to:
- Immediately notify us of any unauthorized use of your account or any other breach of security
- Ensure that you log out of your account at the end of each session
- Not share your account credentials with any third party
- Not create more than one account, except as expressly permitted by us
We reserve the right to disable any account if we believe you have violated these Terms or if we determine that your account activity poses a risk to UnDebt or other users.
5. Fees and Payments
The fees for our Services will be clearly disclosed to you before you enter into any agreement with UnDebt. By agreeing to these Terms, you are not obligated to pay any fees until you have explicitly agreed to a specific service plan.
For certain services, such as debt consolidation or consumer proposals, fees may be incorporated into your monthly payments. For other services, such as financial planning or credit counseling, fees may be charged separately.
You agree to pay all fees and charges associated with your use of our Services in accordance with the billing terms in effect at the time the fee or charge becomes payable. If you dispute any charges, you must notify us within 30 days of the date of billing.
We reserve the right to change our fees at any time, but any changes will not affect existing service agreements without your consent.
6. Intellectual Property
The Services and all content, features, and functionality thereof, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, software, and the design, selection, and arrangement thereof, are owned by UnDebt, its licensors, or other providers of such material and are protected by Canadian and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms permit you to use the Services for your personal, non-commercial use only. You must not:
- Reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services, except as permitted by these Terms
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Services
- Access or use for any commercial purposes any part of the Services or any services or materials available through the Services
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Services in breach of the Terms, your right to use the Services will stop immediately and you must, at our option, return or destroy any copies of the materials you have made.
7. User Content
Our Services may allow you to post, submit, publish, display, or transmit content or materials (“User Content”). By providing any User Content, you grant us and our affiliates and service providers a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content in connection with providing and promoting our Services.
You represent and warrant that:
- You own or control all rights in and to the User Content and have the right to grant the license granted above
- All of your User Content does and will comply with these Terms
- User Content is not false, inaccurate, or misleading
- User Content does not violate any law or infringe upon the rights of any third party
We have the right to remove any User Content that, in our sole judgment, violates these Terms or could harm our reputation.
8. Prohibited Activities
You agree not to use the Services:
- In any way that violates any applicable federal, provincial, local, or international law or regulation
- To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation
- To impersonate or attempt to impersonate UnDebt, a UnDebt employee, another user, or any other person or entity
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which may harm UnDebt or users of the Services
- To attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services are stored, or any server, computer, or database connected to the Services
- To attack the Services via a denial-of-service attack or a distributed denial-of-service attack
- To use the Services for any fraudulent or illegal purpose
9. Disclaimer of Warranties
THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. UNDEBT DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
UNDEBT DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
UNDEBT MAKES NO GUARANTEES REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION PROVIDED THROUGH THE SERVICES.
10. Limitation of Liability
IN NO EVENT WILL UNDEBT, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
11. Indemnification
You agree to defend, indemnify, and hold harmless UnDebt, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Services.
12. Termination
We may terminate or suspend your account and access to the Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.
Upon termination, your right to use the Services will immediately cease. If you wish to terminate your account, you may simply discontinue using the Services or contact us to request account deletion.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
13. Governing Law
These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision or rule.
Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Services shall be instituted exclusively in the courts of the Province of Ontario, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country.
14. Changes to Terms
We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Services thereafter.
Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.
15. Contact Us
If you have any questions about these Terms, please contact us at:
UnDebt
123 Financial Street, Suite 500
Toronto, ON M5V 2K7
Email: legal@undebt.com
Phone: 1-800-123-4567