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We publish the terms and conditions of use for our Website (“Terms and Conditions of Use”) for everyone to see, at any time. By using our Website Finabanx Ltd. operating as iCash, you are agreeing to the Terms and Conditions of Use set forth below. These Terms and Conditions of Use constitute a legal contract between you and Finabanx and cover all aspects of your use of the Website iCash, including all of its pages, and, to the extent not superseded by the terms and conditions of any contract we may sign with you, of any product or service we may provide you.
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OUR WEBSITE AND ANY OF ITS PAGES (COLLECTIVELY, THE “Finabanx” OR “WEBSITE”), YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF USE STATED BELOW. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OF USE, YOU MUST LEAVE THE WEBSITE NOW. IF AT ANY TIME YOU DO NOT AGREE WITH ANY OF THESE TERMS AND CONDITIONS OF USE, YOU MUST IMMEDIATELY CEASE YOUR USE OF THE WEBSITE.
By agreeing to the Terms and Conditions of Use of the Website you acknowledge that you have carefully read and agreed to all the Terms and Conditions of Use when dealing with Finabanx.
Using our Website at any time indicates that you’ve accepted the Terms and Conditions of Use. It is therefore your responsibility to be familiar with these Terms and Conditions of Use. If you do not agree with the Terms and Conditions of Use, you must not use our Website. By using our Website, you are also consenting to how we use cookies according to our Cookies Policy under our Privacy Policy.
When you apply for a loan, you will be asked to explicitly agree to these Terms and Conditions of Use.
The products and services offered through our Website are not available to people under the age of majority in their jurisdiction (18 or 19 years of age respectively), or to people who are not legal residents of Canada, by visa or otherwise. By using the website, you are confirming that you are a resident of British Columbia, Alberta, New Brunswick, Saskatchewan, Ontario, Nova Scotia, Manitoba or Prince Edward Island.
Any correspondence between you and Finabanx is strictly private and is intended for internal use only. Any unreasonable use of the information contained in correspondence between Finabanx and its clients via email is considered a breach of privacy and constitutes a serious offence. Gathering email addresses from Finabanx through harvesting or automated means is prohibited. Posting or transmitting unauthorized or unsolicited advertising, promotional materials, or any other forms of solicitation to those using our Website ("USERS") are prohibited. Inquiries regarding commercial relationship with Finabanx should be directed to [email protected]
The Website and its entire contents, features and functionality (including, but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Finabanx, 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.
You are permitted to use the Website for your personal, non-commercial use only. You must not copy, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our site, except to:
• Store copies of such materials temporarily in RAM;
• Store files that are automatically cached by your web browser for display enhancement purposes; and
• Print a reasonable number of pages of the Website for a permitted use.
Any printout of the Website or portions of the Website must include Finabanx copyright notice. No right, title or interest in any of the materials contained on the Website is transferred to you as a result of accessing, downloading or printing such materials. You may not copy, modify, distribute, transmit, display, reproduce, publish, or license any part of the Website; create derivative works from, link to or frame in another website, use on any other website, transfer or sell any information obtained from the Website without the prior written permission of Finabanx. You may not use a part of the Website on any other website, without Finabanx's prior written consent. You must not reproduce, sell or exploit for commercial purposes any part of the Website, access to the Website or use of the Website or any services or materials available through the Website.
If you print, copy, modify, download or otherwise use any part of the Website in breach of the Terms and Conditions of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the site is transferred to you, and all rights not expressly granted are reserved by Finabanx. Any use of the Website not expressly permitted by the Terms and Conditions of Use is a breach of them and may violate copyright, trademark and other.
You may use the Website only for lawful purposes and in accordance with the Terms and Conditions of Use. You agree not to use the Website:
• In any way that violates any applicable international, federal, provincial and local law or regulations (including, without limitation, any laws regarding the export of data or software to and from Canada or other countries);
• For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
• To send, knowingly receive, upload, download, use or re-use any materials that do not comply with the standards set out in the Terms and Conditions of Use;
• To transmit, or procure the sending of, any advertising or promotional material, including anything that falls into the category of: “junk mail”, “chain letter” or “spam” or any other similar solicitation;
• To impersonate or attempt to impersonate Finabanx or a Finabanx employee, another USER, or person or entity (including, without limitation, the use of email addresses associated with any of the foregoing); and
• To engage in any other conduct in a manner that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm Finabanx or USERS of the Website or expose them to liability.
Additionally, you agree not to:
• Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website;
• Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website;
• Use any manual process to monitor or copy the material on the Website or for any other unauthorized purpose without our prior written consent;
• Use any device, software or routine that interferes with the proper functioning of the Website;
• Introduce any viruses, trojan horses, worms, logic bombs or other material in a malicious or technologically harmful way;
• Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website;
• Attack the Website via a denial-of-service attack or by distributing a denial-of-service attack; and
• Otherwise attempt to interfere with the proper functioning of the Website.
In order to access the registered-accountholder-only areas of Finabanx websites, you will need the username and password you have created or have been provided with. You are not allowed to use another person's ID's and password to access restricted information of the Website.
You acknowledge that use of a username and a password is an adequate form of security. You are solely responsible for (1) authorizing, monitoring, controlling access to and maintaining the strict confidentiality of your username and password, (2) not allowing another person to use your username or password, (3) any charges or damages that may be incurred as a result of your neglect to maintain the strict confidentiality of your username and password, and (4) promptly informing Finabanx in writing of any need to deactivate a username due to security or other concerns. You also agree to ensure that you exit from your account at the end of each session. You should act with due care when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
Finabanx and its subsidiary websites are not liable for any harm related to the theft of usernames or passwords, disclosure of usernames or passwords, or your authorization to allow another person or entity to access and use Finabanx websites using your username or password. You must immediately notify Finabanx of any unauthorized use of your username or password and any breach of confidentiality. Until Finabanx receives this notification from you, you will be held liable for any harm ensuing from the use of your username on Finabanx.
We reserve the right to withdraw or amend the Website, and any service or material we provide on the Website, in our sole discretion without prior notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to USERS, including registered users.
You are responsible for ensuring that everyone who accesses the Website through your Internet connection is aware of these Terms and Conditions of Use, and that they comply with them.
To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete.
We have the right to disable any user identification code, password or account, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including, if in our opinion, you have failed to comply with any provision of these Terms and Conditions of Use.
THE WEBSITE, AND ANY CONTENT, ARE PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, SYSTEMS INTEGRATION, ACCURACY, AND NON-INFRINGEMENT, ALL OF WHICH FINABANX AND ITS SUBSIDIARY WEBSITES EXPRESSLY DISCLAIMS. FINABANX AND ITS SUBSIDIARY WEBSITES DO NOT ENDORSE NOR GIVE WARRANTIES AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF THE CONTENT, AND FINABANX AND ITS SUBSIDIARY WEBSITES WILL NOT BE LIABLE OR OTHERWISE RESPONSIBLE FOR ANY FAILURE OR DELAY IN UPDATING THE WEBSITE OR RELATED CONTENTS. WE HAVE NO DUTY TO UPDATE THE CONTENT OF THE WEBSITE. FINABANX MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE USE OF THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR ANY CONSEQUENCES OF ACCESSING THE WEBSITE AND USING THE CONTENT AND FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY ACCESS, DOWNLOAD OR OTHERWISE OBTAIN IS FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS. THIS WARRANTY DISCLAIMER MAY BE DIFFERENT IN CONNECTION TO SPECIFIC PRODUCTS AND SERVICES OFFERED BY FINABANX AND ITS SUBSIDIARY WEBSITES.
You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and the accuracy of data input and output, and for maintaining means external to our site for the reconstruction of any lost data.
Finabanx hereby disclaims all warranties of any kind, express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement and fitness for particular purpose. The foregoing does not affect any warranties that cannot be waived or limited under applicable law.
Except for any action, that seeks equitable relief (including without limitation to the purpose of protecting any Finabanx’s and its subsidiary websites, confidential information and/or intellectual property rights), any controversy or claim arising out of or relating to these Terms and Conditions of Use or the Website shall be settled by binding arbitration in accordance with the provisions, in effect at the time the proceedings begin, of the laws of Ontario, as amended or replaced. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be held in the province of Ontario.
All information relating to or disclosed by any party in connection to the arbitration of any disputes hereunder shall be treated by the parties, their representatives, and the arbitrator as proprietary business information. Either party or their respective representatives shall not disclose such information without the prior written authorization of the party furnishing such information. The arbitrator shall not disclose such information without the prior written authorization of both parties. Each party shall bear the burden of its own counsel fees incurred in connection to any arbitration proceedings.
Judgment upon the award returned by the arbitrator may be entered in any court having jurisdiction over the parties or their assets or application of enforcement. Any award by the arbitrator shall be the sole and exclusive remedy of the parties. The parties hereby waive all rights to judicial review of the arbitrator's decision and any award contained therein.
YOUR USE OF THE CONTENT IS AT YOUR OWN RISK. FINABANX AND ITS SUBSIDIARY WEBSITES SPECIFICALLY DISCLAIM ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO, USE OF OR RELIANCE ON THE CONTENT (EVEN IF FINABANX AND ITS SUBSIDIARY WEBSITES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) OR THAT ARISE IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION OR DELIVERY, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORISED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, PROGRAMS OR FILES, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE WEBSITE OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORISED ACCESS TO THE WEBSITE OR THE CONTENT. THIS LIMITATION OF LIABILITY MAY BE DIFFERENT IN CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES OFFERED BY FINABANX LTD. OPERATING AS iCash AND ITS SUBSIDIARY WEBSITES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THIS LIMITATION MAY NOT APPLY TO YOU.
You agree to defend, indemnify, and hold Finabanx and its subsidiary websites, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions of Use.
As a registered USER, you may have other agreements with Finabanx. Those agreements are separate and distinct and are in addition to these Terms and Conditions of Use. These Terms and Conditions of Use do not modify, revise or amend the terms of any other agreements you may have with Finabanx and its subsidiary websites.
If any of these Terms and Conditions of Use is determined to be unlawful, the validity of the rest of the Terms and Conditions of Use will remain valid and will be subject to enforcement according to need.
These Terms and Conditions of Use are only intended to apply to Finabanx its clients. Third parties do not have the privilege to enforce nor benefit from the Terms and Conditions of Use of the Website.
Breaches of these Terms and Conditions of Use will be dealt as follows:
(1) A formal warning will be sent.
(2) Your access will be suspended.
(3) Your computer will be blocked, using your IP address, from accessing the Website.
(4) Your Internet provider will be contacted and your access to the Website will be blocked.
(5) We will bring an action in court for breaches of contract.
(6) Any content that you may have generated will be deleted or blocked permanently.
All information we collect on the Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the policy. You hereby confirm that the information provided herein is accurate, correct and complete and that the documents submitted along are genuine.
The Website may contain links to websites controlled or offered by third parties (non-affiliates of Finabanx and its subsidiary websites). Finabanx and its subsidiary websites hereby disclaims liability for, any information, materials, products or services posted or offered at any of the third party sites linked to the Website. By creating a link to a third party website, Finabanx and its subsidiary websites do not endorse or recommend any products or services offered or information contained at that website, nor are Finabanx and its subsidiary websites liable for any failure of any products or services offered or advertised at those websites. Such third party may have a privacy policy different from that of Finabanx and its subsidiary websites and the third party website may provide less security than the Finabanx and its subsidiary websites.
Comments, suggestions or materials sent or transmitted to Finabanx and its subsidiary websites (collectively "Feedback"), shall be deemed to be non-confidential. Subject to the conditions described in our Privacy Policy, Finabanx shall have no obligation of any kind with respect to such Feedback and shall be free to use and distribute the Feedback to others without limitation, including, but not limited to developing and marketing products incorporating such Feedback.
We provide the Website for use only by persons located in Canada. We make no claims that the Website or any of its content is accessible or appropriate outside of Canada. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside Canada, you do so on your own initiative and are responsible for compliance with local laws.
These Terms and Conditions of Use shall be governed in all respects by the laws of the Province of Ontario, Canada, without reference to its choice of law rules. If an applicable law is in conflict with any part of the Terms and Conditions of Use, the Terms and Conditions of Use will be deemed modified to conform to the law. The other provisions will not be affected by any such modification.
Terms and Conditions of our Cashback Program
Under The iCash Cashback Program (the “Cashback Program”), customers of Finabanx Ltd. (operating as iCash) (“iCash”), who qualify for the Cashback Program are invited to earn Cashback Bonuses. The Cashback Program was created to encourage our Customers to respect their engagement with Us by following the original terms of their Loan Agreements. Customers by participating in the Cashback Program, are agreeing to the Terms and Conditions. Capitalized terms used in the Terms and Conditions which are not defined shall have the same meaning as defined in iCash’s Terms of Service.
Eligible Customers after every successful Loan that is fully repaid with the terms of the Loan Agreement fully respected, can qualify for a percentage of the cost of borrowing to be returned to the Customer in a form of Cashback Bonus.
The return in Cashback is calculated as a percentage of:
- 5% of the cost of borrowing on the first 10 loans fully repaid (loan 1 – 10).
- 10% of the cost of borrowing on the subsequent 10 loans fully repaid (loan 11 – 20).
- 20% of the cost of borrowing on each subsequent loan fully repaid (loan 21 and more).
* Your loan must have been repaid following the original terms of your loan agreement to be calculated as a qualifying loan in our Cashback system calculation.
Conditions to obtain your Cashback:
- You must not have repaid your loan in advance (prior the last payment due date of your Loan Agreement) in the province of Nova Scotia and Alberta to be able to obtain your Cashback.
- You must not be in a bankruptcy, consumer proposal, or debt consolidation program.
- You must not have any current or previous loans written off with iCash.
- Your iCash account must not have been considered fraudulent at any time since its creation.
The Cashback will be in a pending status until your loan is fully repaid. Once your loan is fully repaid, your Cashback will become accessible to you, provided that your Cashback has not expired.
A payment will be considered fulfilled once iCash receives confirmation from the bank that the payment has been successful. This may take up to 5 business days.
If you do not meet the conditions to obtain your Cashback, your pending Cashback will be nullified/annulled.
If any of your current or past loan payment(s) is/are reversed, you will not be eligible for the Cashback program.
*Please note that the Cashback program is not available for Customers residing in Manitoba or New Brunswick.
To be able to redeem your Cashback:
• You must meet all the conditions to obtain your Cashback.
• Your iCash account must be in good standing. An account in good standing has no outstanding balance due on the current or on the previous loan.
• You must have a minimum of $20 available in Cashback to be able to redeem your Cashback.
• You must be able to receive your Cashback by e-transfer on your principal iCash email address.
• Your iCash account must not have been closed by you.
iCash reserves the right to deny any Cashback redemption if it deems that one or more of these conditions have not been met.
iCash reserves the right to refuse or exclude anyone from the Cashback program at its own discretion.
iCash reserves the right to modify the Cashback program rules at any time.
iCash reserves the right to end the iCash Cashback program in any province at any time.
Expiration of your Cashback:
Your Cashback will expire after six (6) months of inactivity in your iCash account. Your account will be deemed inactive six (6) months after the last payment was accounted for. Six (6) months for the purpose of these rules shall be defined as the same calendar date of the sixth consecutive month, unless such day doesn’t exist, in which case it shall end on the last day of that sixth month. Your account will be automatically reactivated when you obtain a new loan with Us before the prescribed six (6) month period is up. Once your Cashback expires, it won’t be retrievable, even if you reactivate your account at a later date.
Terms and Conditions of The iCash Referral Program
Under The iCash Referral Program (the “Referral Program”), customers of Finabanx Ltd. operating as iCash (“iCash”), who qualify for the Referral Program, will be referred to as "Ambassadors", are invited to earn Ambassador Bonuses (as defined below) by inviting first-time customers ("Referrals") to participate in the Program, as well as earn credit in the form of Cashback Bonuses (as defined below). The Ambassador and the Referral, by participating in the Referral Program, are agreeing to the Terms and Conditions. Capitalized iCash terms used in the Terms and Conditions which are not defined shall have the same meaning as defined in iCash’s Terms of Service.
iCash Ambassador
Any active customer who has fully repaid their iCash loan automatically becomes an Ambassador eligible to participate in the Referral Program. A loan is considered fully repaid once iCash receives confirmation from each party’s respective financial institutions that all repayment(s) has been successful.
Referral Link
To refer a Referral to the Referral Program, the Ambassador shares the Referral Program Link (the “Referral Link”) found in the Ambassador’s iCash Member Account with a first-time customer. To share the Referral Link, the Ambassador must have, and the Ambassador affirms to iCash that the Ambassador in fact has, the Referral’s valid contact information and consent to use that contact information for the purpose of sharing the Referral Link. iCash is not responsible for any privacy infringements in the event that the Ambassador uses the Referral’s contact information or shares a Referral Link without the Referral’s consent.
The Ambassador understands and agrees that by sharing the Referral Link with the Referral, the Ambassador is sharing their own personal information with the Referral (including the fact that the Ambassador is an iCash customer).
Referral
To participate in the Referral Program, the Referral must use the Referral Link sent by the Ambassador to apply and qualify for an eligible iCash product, enter into an agreement with iCash for the iCash product (the “Loan”), and fully repay the Loan in accordance with the terms of the Loan. Notwithstanding the foregoing, the Referral must be a resident of a province in which an iCash Product is offered and be aged 18 or older, if they are a resident of Alberta, Ontario, or Prince Edward Island, or be aged 19 or older, if they are a resident of Nova Scotia. The Referral must also be a first-time client that has never used the iCash product before.
Without limitations to any other agreement(s) between the Referral and iCash, the Referral understands and agrees, that by participating in the Referral Program, iCash collects, uses and discloses certain personal information about the Referral for the purposes of administering the Referral Program For example, iCash collects and uses information about the Referral’s use of the Referral Link. Furthermore, while iCash does not disclose personally identifying information about the Referral to the Ambassador, the Ambassador may be able to infer certain information, such as whether the Referral is participating in the Referral Program or has fully repaid a Loan.
Bonuses
Once the Referral fully repays the Loan in accordance with the terms of the Loan, and iCash has confirmed as such, the Ambassador shall earn a referral bonus (“Ambassador Bonus”) and the Referral shall earn a cashback bonus (“Cashback Bonus”). If the Referral fails to repay the Loan in accordance with the terms of the Loan (such as by making late payments), the Ambassador’s and the Referral’s eligibility to receive the Ambassador Bonus or the Cashback Bonus shall immediately be deemed null and void. The amount of the Ambassador Bonus and of the Cashback Bonus is subject to change periodically, may vary dependent upon city and province and is subject to the sole discretion of iCash. iCash reserves the rights to modify the value of Bonuses without any prior notice. The status of the Ambassador Bonus and the Cashback Bonus shall appear as “Pending” in the Ambassador’s and the Referral’s iCash Member Accounts until the Loan is fully repaid by the Referral in accordance with the terms of the Loan. Once the Loan is fully repaid, the status of the Ambassador Bonus and Cashback Bonus shall appear as “Available”.
If the Referral receives multiple Referral Links from multiple Ambassadors, only the latest Referral Link used by the Referral shall be eligible for the Ambassador Bonus.
The Ambassador and the Referral each understand and agree that there could be a delay between the Referral's Loan being fully repaid and the Ambassador Bonus and the Cashback Bonus appearing as “Available”, due to factors such as: the time required for the processing of payments, such as during non-business days, bank holidays, technical or system delays.
Use the Bonus
The Ambassador and the Referral may redeem the available Ambassador Bonus or Cashback Bonus in accordance with iCash’s Cashback Redemption Policy, which may be updated periodically at the sole discretion of iCash. There may be a requirement that the Ambassador or the Referral have to obtain a minimum amount of available Ambassador Bonuses or the Cashback Bonuses to have them redeemed.
If the Ambassador or the Referral are in violation of any of the provisions of these Terms and Conditions, the Ambassador may not be able to participate in the Referral Program or any other iCash reward program (current or future), which may also result in the forfeiture or retraction of any iCash credits, money, or other bonuses earned through the Referral Program and even the deactivation of the Ambassador’s or the Referral’s iCash account.
The available Ambassador Bonus or Cashback Bonus cannot be withdrawn or transferred to any other financial institution, and the Ambassador and the Referral must follow the iCash Cashback Redemption Policy. When the Ambassador’s or the Referral’s Account becomes dormant, inactive, closed or written-off, iCash reserves the right to withdraw or annul any available Ambassador Bonus or Cashback Bonus. The Ambassador and the Referral are responsible for checking the available balances and redeeming such as per the iCash Cashback Redemption Policy.
The value of the Ambassador Bonus or Cashback Bonus may be considered taxable income. The Ambassador and the Referral are each responsible for any federal or provincial taxes accrued from the Referral Program. The Ambassador and Referral should consult a professional if any questions regarding the taxation of the Ambassador Bonus or Cashback Bonus rise.
The Ambassadors are welcome to share their Referral Link and earn Ambassador Bonuses, but Referral Links must be used only for personal, non-commercial use.
By participating in the Referral Program, the Ambassador and the Referral consent to receive emails at the email address provided for the purpose of participating in the Referral Program. If the Ambassador or the Referral opt out of receiving emails from iCash, said party may not receive notifications related to their Referral Program Bonuses. If any of the parties involved request the cessation of all e-mail communications from iCash, irrespective of the reason, iCash is not responsible for any loss or damages incurred, in relation to the Referral Program or otherwise, as a result. Similarly, if any party’s email service provider's system classifies the Referral Program related communications as 'spam' or 'junk', iCash is not responsible for any loss or damages incurred, in relation to the Referral Program or otherwise.
Severability
In the event any provision or part of the Terms and Conditions is found to be invalid or unenforceable, only that particular provision or part found as such, and not the entirety of the Terms and Conditions, shall be considered inoperative.
Termination and Change
iCash may suspend or terminate the Referral Program or the Ambassador’s or Referral’s ability to participate in the Referral Program at any time for any reason. iCash reserves the right to suspend accounts or remove Ambassador Bonuses if iCash notices any activity that is deemed fraudulent or harmful. iCash reserves the right to review and investigate all Referral Activities, and to suspend accounts or modify Referrals as deemed fair and just.
Update to the Terms
iCash reserves the right to update the Terms at any time without prior notice. If the Terms are modified, the modification will be published on iCash’s website, and is effective upon publication. Continued participation in the Referral Program after its modification shall constitute consent to such modification.
By participating in this Program, the Ambassadors and the Referrals agree to be bound by these Terms and consent to iCash’s: (and its agents and/or representatives) collection, usage and the sharing of the personal information the Ambassadors and the Referrals submitted in order to participate in this Program and in accordance with iCash’s Privacy Policy.
Additional provisions
The Referral Program is not available to the residents of Manitoba, New Brunswick and British Columbia.
For the Ambassadors and the Referrals resident of Alberta or Nova Scotia: if the Referral repays the Loan early and is eligible for a Rebate, both the Ambassador and the Referral cease to be eligible for this Referral Program or any associated Ambassador Bonuses and Cashback Bonuses. Neither the Ambassador or the Referral can receive the Rebate simultaneously with the Ambassador Bonus or the Cashback Bonus. It is not possible to receive the Ambassador Bonus and the Cashback Bonus, nor exchange the Rebate for the Ambassador Bonus or Cashback Bonus after it has been processed by iCash. Refunds or exchanges shall not be accepted. The Referral Program cannot be combined with any other offer or rebate unless otherwise disclosed or permitted.
General Provisions
Except where prohibited, the Ambassador and the Referral agree that: (1) any and all disputes, claims and causes of action arising out of or connected to the Referral Program shall be resolved individually, without resort to any form of class action, and exclusively in the Province of Ontario; (2) any and all claims, judgments and awards shall be limited to the actual out-of-pocket costs incurred, but in no event, legal fees; and, (3) under no circumstances will the Ambassador or the Referral be permitted to obtain compensation for any such disputes, claims or causes of action arising out of or connected to the Referral Program, and the Ambassador and the Referral hereby waive all rights to claim indirect, punitive, incidental, consequential damages or any other damages, other than those for actual out-of-pocket expenses; and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of the Terms and Conditions, or the rights and obligations of the Ambassador, the Referral or iCash in connection with the Referral Program, shall be governed by, and construed in accordance with, the laws of the Province of Ontario.
Powered by Equifax
These Terms and Conditions ("Terms") govern the use of the iCash Credit Health (powered by Equifax) (the "Product") provided by Finabanx Ltd. ("iCash", "we," "us," or "our"). By accessing or using the Product, you ("you" or "customer") acknowledge that you have read and understood these Terms and agree to be bound by them. If you don’t agree, please discontinue use of the Product.
iCash acts in collaboration with Equifax Canada Co. (“Equifax”), a registered Canadian credit bureau, in providing the Credit Health product to You. The Credit Health product, including the credit monitoring tool, access to credit scores, and related features, is offered by Equifax. We facilitate the provision of the Product to You.
iCash Credit Health
The Product is a credit monitoring tool that provides you with access to your Consumer Score, your Consumer Credit File and related information when logging into our website located at www.icash.ca or its related mobile app (collectively the “Website”). These Terms do not replace or supersede the applicable Terms and Conditions for our Website. A “Consumer Credit File” is a report derived from the credit information maintained by Equifax, consisting of subject identification information, file inquiries, public record information, credit history trade, and collections.
When iCash Credit Health is mentioned, the Consumer Score, the Risk Score, or your credit score, it refers to the Equifax Risk Score 2.0, which is an algorithm proprietary to Equifax that analyzes select information within your Consumer Credit File to provide a numeric score that represents the statistical risk of certain behaviours or events associated with credit information. The Risk Score is based on Equifax’s proprietary model and may not be the same score used by third parties to assess your creditworthiness. You acknowledge and consent that the provision of the score to you is intended for your own educational use. Third parties will take into consideration other information in addition to a credit score when evaluating your creditworthiness.
We make no representations or warranties regarding the Product accuracy, completeness, or suitability for any purpose. We are not responsible for the accuracy or completeness of any information contained in your credit report. Equifax is solely responsible for your Consumer Credit File and the content, functionality or features of the Product.
By accessing and using the Product through our Website, you acknowledge and agree that the Product is provided in collaboration with Equifax as the sole provider of your Consumer Credit File, including your Consumer Score. Any inquiries, concerns, or issues related to your Consumer Score, or your Consumer Credit File should be directed to Equifax. You understand that any use of our Website, including the Product, is subject to our terms of service, Privacy Policy, and any additional agreements or disclosures provided by us from time to time. We encourage you to review the terms and policies available on our Website.
The credit and personal information provided to you as part of the Product doesn’t constitute a “consumer disclosure” for the purposes of applicable consumer reporting legislation. By law, you’re entitled to receive a free copy of your consumer disclosure from each of the national credit reporting agencies (including Equifax) by contacting them directly. For more information visit https://www.consumer.equifax.ca/personal/products/credit-score-report/
Any services provided to you as part of the Product (or accessible to you through it) are not a credit repair tool and We make no representation or promise that it will improve your credit record, credit history or credit rating or provide you with any assistance in that regard.
Access and Revocation
By accessing and signing up for this Product, you consent to share your name, address and date of birth with Equifax. Your personal information won’t be used by Equifax for anything other than verifying your identity for the purpose of providing you the Product.
We grant you access to the Product for as long as you meet the eligibility criteria and comply with these Terms. Only individuals who meet the eligibility criteria as determined from time to time by iCash and Equifax and who are active members of iCash with their account in good standing, can be granted access to the Product.
You can, at any time, withdraw your consent to accessing the Product. We provide a process on the Website and the App for users to revoke their consent and opt-out of the Product, updating records accordingly. You will cease having access to the Product unless You provide consent to re-access the Product at a later date, provided you meet the eligibility criteria.
You acknowledge that we will inform Equifax promptly if we believe You have breached any term or condition relating to the use of the Product.
By accessing the Product, you consent to receive emails at the email address provided for the purpose in taking advantage of the Product. If you opt-out of receiving emails from iCash, you may not receive the notifications related to the Product.
Eligibility, Availability, Default and Inactivity
Any active members of iCash who’s account is deemed in good standing, will have the option to opt-in to use the Product provided that they were successfully authenticated by us and they meet our eligibility criteria.
The Product is only available if Equifax can match your personal information with your credit file that is available at Equifax. If Equifax can’t match you to its credit database or is otherwise unable to generate your credit score, you won’t be able to use all or part of the Product until such time as you have built sufficient credit history.
Your account must be in good standing. An account in good standing has no outstanding balances due on current or previous loans, all payments were made according to the original payment plan and You don’t have any current or past iCash loans written off, settled or under collections. Your iCash account must not have been closed or deactivated.
Access to the Product can be revoked by iCash or Equifax can revoke access to the Product at anytime in their sole and unfettered discretion. The availability of the Product for each member is subject to iCash discretion and we reserve the right to suspend or terminate offering the Product or to cease offering the Product in any region or province at any time and for any reason. We reserve the right to suspend or remove users due to activity that we deem fraudulent or harmful. We also reserve the right, in our sole discretion, to revoke, limit or terminate your access to all or part of the Website or our Product and/or to terminate your registration and access to the Product, for any reason (including but not limited to, if you breach these Terms, if your account is no longer in good standing, if your account is inactive , you fail to use the Product for a period that we determine or if you fail to meet the eligibility criteria) or no reason, with or without notice. If we terminate your registration or access, we have no obligation to notify you of the reason, if any, for such termination.
If you revoke or have your access revoked, you will need to re-submit consent to access to the Product, provided that you meet eligibility criteria. We reserve the right to refuse or exclude anyone from this Product at any time and for any reason.
Privacy and Data
To provide you with the Product, we will share certain identifying information with Equifax, such as first, last, and middle name, date of birth, and current and former addresses. We are committed to protecting your privacy and maintaining the security of your personal and credit information. Our Privacy Policy outlines how your information is collected, used, and protected.
By using the Product, you consent to the collection, use, and disclosure of your information as described in our Privacy Policy.
Other Products
We offer other products to eligible customers, including payday loans. These Terms apply in addition to any other agreement or other terms and condition that applies to the Website, for loans and for any other products that we may offer from time to time These Terms don’t replace those other agreements or terms and conditions and continue to apply when you access the Product. Furthermore, these Terms apply in addition to any terms adopted independently by Equifax. Obtaining a loan with us is not necessary to gain access to the Product, provided that we are able to successfully authenticate You and that you comply with out other eligibility criteria.
Intellectual Property
All content, materials, and information provided through the Product or Equifax are protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, or use this information for any commercial purposes without our prior written consent.
Equifax® is a registered trademark of Equifax Canada Co. used here under license.
No Warranty and Limitation of Liability
The Product, the information it contains, including your Consumer Credit File and any other text, graphics, information, links or other items are provided “as is”, “as available”.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ICASH DOES NOT: (1) WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THE PRODUCT AND THE INFORMATION AND MATERIALS; (2) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN ICASH; (3) WARRANT THAT YOUR USE OF THE PRODUCT WILL BE SECURE, FREE FROM COMPUTER VIRUSES, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE PRODUCT WILL BE CORRECTED; OR (4) GIVE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY EXCLUDE ALL CONDITIONS, WARRANTIES AND OTHER TERMS WHICH MAY OTHERWISE BE IMPLIED BY STATUE, COMMON LAW OR THE LAW OF EQUITY AND DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THIS INFORMATION AND MATERIALS.
To the extent permitted by law, we are not liable for any direct or indirect damages, including but not limited to, loss of data, loss of profits, or any other loss arising from the use of the Product. You agree to indemnify and hold harmless iCash, its subsidiaries, affiliates, members, officers, employees, agents, and licensors from and against any and all losses, actions, proceedings, expenses, damages, claims, fines, penalties, costs and liabilities (including reasonable legal fees), resulting from your (or anyone acting under your password or username) use of the Product, connection thereto, or any alleged violation by you of these Terms.
General Provision
Except where prohibited, any and all disputes, claims and causes of action arising out of or connected to the Product offering shall be resolved individually, without resort to any sort of class action, and exclusively in the province of Ontario. Any and all claims, judgments and awards should be limited to the actual out-of-pocket costs incurred, but in no event, legal fees. Under no circumstances will you be permitted to obtain compensation for any such disputes, claims or causes of action arising out of or connected to the Product. You waive all rights to claim indirect, punitive, incidental, consequential damages or any other damages, other than those for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased.
All issues and questions concerning the construction, validity, interpretation, and enforceability of the Terms, shall be governed by, and construed in accordance with the laws of the Province of Ontario.
Amendments and Termination
These Terms are effective until terminated by us. We reserve the right to amend these Terms at any time without prior notice. Any amendments will be effective upon posting on our Website. You are responsible for reviewing the Terms periodically to stay informed of any changes. Your continued use of the Website or the Product after the effective date of any change will constitute acceptance by you of such change. Access is not guaranteed or promised.
Severability
In the event any provision or part of the Terms is found to be invalid or unenforceable, only that particular provision or part found as such, and not the entirety of the Terms shall be considered inoperative.
Contact Information
If you have any questions or concerns about these Terms or the Product, please contact us at [email protected]
Last updated April 17, 2024
