Terms of Use

These Terms of Use the (“Terms”) contain the terms and conditions pursuant to which you may access and use the website owned and operated by Equifax Canada Co. located at www.equifax.ca (the “Site”).  Each time you access this Site you are acknowledging and agreeing to be bound by the Terms.  These Terms may be updated from time to time and you should check the Site for updates.

 

  1. PROVIDERS OF PRODUCTS. The products and product features (“Product" or "Products") available via this Site are provided by Equifax Canada Co. ("Equifax"). We may also partner with other companies ("Suppliers") or affiliates (“Equifax Affiliates”) to provide Products to you or sell you a Product provided by a Supplier or Equifax Affiliate. Equifax, Equifax Affiliates and its Suppliers are referred to in this Agreement as "We," "Us," and "Our." You, the Person visiting and utilizing this Site, are referred to as "You", “Your” or the “Member”.
     
  2. ACCESS TO SITE, USE AND GOVERNING LAW.  Access to, and use of, this Site are subject to all laws and regulations applicable in Your province or territory of residence. Individuals residing in an area where the access to or use of the Site or any part of is illegal or prohibited are not permitted to use the Site. It is Your responsibility to determine if You can legally use the Site in compliance with all applicable laws. Please be aware that certain Products and/or Product features may not be offered, applicable or available to You based on residency, age or other eligibility criteria or factors. Persons accessing this Site are required to obtain information about and observe any relevant restrictions.  If any term or condition in these Terms  is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severable from the rest of the terms and conditions and shall not affect the validity and enforceability of any remaining provisions of the Terms. The terms, exclusions and conditions of the written contracts relating to Products mentioned on this Site are not fully described on the Site or in this Agreement. Their interpretation is governed by the terms and conditions of the written contract You enter with Us, and by any applicable laws and regulations. This Agreement is made and will be interpreted under Ontario law, and you submit to the exclusive jurisdiction of Ontario courts located in Toronto. 
     
  3. REGISTRATION; USE OF PRODUCTS. In order to purchase Products, You must complete the registration process and become a Member. You will also be required to provide valid credit card information, unless You are activating a promotional code. You may register to purchase Products from this Site only on behalf of Yourself. By registering, You further certify that You are eighteen (18) years or older and that all of the information provided incident to Your registration is true, accurate, complete and up to date. You further agree to abide by all of the terms and conditions concerning Your use of the Products, including any specific terms and conditions relating to particular Products that You purchase. We provide Products and related information solely to assist You in understanding Your financial and credit status for Your personal benefit and You agree that You will not use the Products for any other purpose, especially a commercial purpose. You must also establish a user identification ("User ID"), password and personal identification number ("PIN") and You agree to keep them strictly confidential and not to share them with others.
     
  4. YOUR RIGHT TO OBTAIN A CREDIT REPORT FREE OF CHARGE. None of Our Products are intended to substitute, or constitute an offer for any free credit report or similar consumer disclosure that may be available to You without cost or obligation under applicable law. 
     
  5. CREDIT SCORES. Unless otherwise indicated, all credit scores furnished with Our Products are Equifax Credit Scores. By this, We mean that the credit scores are prepared by Equifax and make use of the Equifax Risk Score, which is a proprietary credit score model developed by Equifax. Although the Equifax Risk Score is sometimes used by lenders, it is possible that Your particular lender may use a different credit score. When prepared and delivered to You as part of any Product, The Equifax Credit Score is provided solely to help You understand how lenders may evaluate Your overall credit risk. Therefore, nothing in any of Our Products is an endorsement or a determination of a person's qualification for a loan, or any other extension of credit. Each lender has specific underwriting standards, so You should not assume that You will receive the same evaluation, credit terms or conditions. Equifax does not represent that the Equifax Credit Score is identical or similar to any other credit score or score model. Moreover, any estimated score changes predicted by Our Products are only estimates and are provided for educational purposes solely to enable You to determine how future financial decisions (e.g., obtaining a new car loan or mortgage) might impact your credit score. In all instances, the information We use to calculate Your Equifax Credit Score is derived from one or more credit reports produced by Equifax or one of the other national credit reporting bureaus. The consumer credit information contained in these credit reports reflects the latest information provided to the pertinent credit reporting agency. Recent activity may not yet be reflected in Your credit report. If not, this activity will not be reflected in Your Equifax Credit Score. In addition, Your Equifax Credit Score may change every time new information is added to or removed from a credit report as well as with the passage of time.
     
  6. MEMBERSHIP; PAYMENT AUTHORIZATION. With the exception of Our Report Products, all of Our Products require that You establish a continuing membership. This form of membership is sometimes referred to as a "continuity plan." While the initial term of membership associated with Our Products varies, most memberships are effective for: (a) under the monthly plan, a period of one (1) month following Your initial enrollment date, or (b) under the annual plan, a period of twelve (12) months following Your initial enrollment date. In each case, Your initial membership term will be clearly defined in the Offer Details and Your purchase confirmation. Once established, all memberships (regardless of duration) automatically renew indefinitely without further action by You, and the applicable membership fee is automatically charged to You at the time of renewal in accordance with the payment terms to which You agreed. We reserve the right to increase or decrease the membership fee associated with Your Product from time to time with or without notice and You agree that unless You cancel Your membership prior to the effective date of any such fee increase, You will be charged the new membership fee.
     
  7. FEES AND CHARGES; PAYMENT SOURCE. By placing Your Product order, You authorize Us to charge Your credit card or other account that You have designated for such purpose ("Payment Source"). In the case of Products other than Report Products, You further authorize Us to keep your membership current by automatically charging Your designated Payment Source for the then current fees associated with the monthly, annual or other periodic renewal term established at the time of Your initial enrollment. Except in the case of Report Products, Your membership will continue or renew automatically and You will be charged the then current membership fee associated with Your Product until You cancel. You agree to pay for the Products, in Canadian dollars, using the Payment Source provided at the time of registration. In addition, you authorize Us to attempt to automatically update Your Payment Source if the information We have on file is no longer valid, and if We are successful in obtaining updated credit or debit card information, We will update Your records accordingly and charge any updated Payment Source using the updated information. In the event that We are unable to charge and/or update Your Payment Source, We may suspend access to Your Product and if You fail to provide Us with a valid Payment Source, Your Product will be subject to termination with or without notice. We are not responsible for any overdraft/over-the-limit charges or bank fees triggered by Your order being processed.
     
  8. FREE TRIALS; CONVERSION TO PAID MEMBERSHIP. Whenever offered, all free trials of Our Products require that You enroll as a Member. This enrollment obligates You to continue Your membership beyond the expiration of the free trial period unless You take the steps necessary to cancel Your membership. You should carefully consider these obligations before attempting to enroll in any free trial. As part of any trial enrollment, You will be required to provide Us with a valid Payment Source. Prior to fulfilling Your order under any free trial, a prior authorization may be requested from the Payment Source to ensure it is valid, but We will not bill Your account until the free trial period has expired and provided that You have not yet cancelled your trial membership. In the event that You wish to continue Your membership beyond the trial period, do nothing and Your membership will automatically continue without interruption and the applicable fee will be billed to the Payment Source provided at the time of enrollment. You may cancel your trial membership at any time during the free trial period without charge or further obligation by calling our Customer Service Center from 8 a.m. to midnight EST, 7 days a week at 1-800-871-3250. We reserve the right to impose quantity limits to Free Trials of Our Products and We may refuse to register You to obtain any of Our Products for any reason, including any of Our Products that may be offered by means of a Free Trial.
     
  9. PRODUCT CANCELLATION AND REFUNDS. All sales of Report Products are final, and You will not be entitled to a refund for any Report Product once it is delivered to You. You may cancel any subscription-based Product at any time. To cancel Your membership, please contact our Customer Service Team from 8 a.m. to midnight EST, 7 days a week at 800-871-3250. In the event that You cancel Your membership, You may be entitled to a pro-rated refund for any subscription Product purchased but not yet provided in accordance with the terms herein. Once Your product has been cancelled, You will receive a confirmation. You can also log into Your Equifax Account and view Your Order History, which will reflect the order as "Cancelled." If You signed up for a reduced price or free trial offer and if You are still in the trial period when You call to cancel, Your product will be canceled at the end of Your trial.
     
  10. CHANGES TO PRODUCTS, PRICING, AND TERMS; TERMINATION. We may change the prices for Our Products at any time, with notice, and You will be charged the new price for all future purchases or renewals of Products. We may not offer every Product on every Site and we may also modify or discontinue any of Our Products or this Site (or any portion thereof) or cancel, suspend or terminate this Agreement for any reason with or without notice. If we do cancel this Agreement or any Product You have purchased, We will give You a pro-rated refund for any Products purchased but not yet provided.
     
  11. PRODUCT AVAILABILITY. Certain Products and/or Product features may not be offered, applicable or available to You based on residency, age or other eligibility criteria or factors. In the event that a Product is not available at the time of enrollment, You will be notified during the course of the registration process and your registration will not be accepted. In such cases, You may be advised of one or more alternative Products, to the extent that other Products are available. In the event that You are advised of the availability of alternative Products, You should carefully evaluate any such Product to determine its suitability. In addition to the foregoing, We reserve the right to reject Your Registration for any reason. We may also reject any Product order for any reason. By registering on this Site, You agree that We will not be liable to You for loss or damage that may result from Our rejection of any order that You may attempt to place.
     
  12. PRODUCTS VARY. Our Products do not include the same features and benefits. Prior to purchasing any Product, You should evaluate the features and benefits included in each Product by reviewing the Product descriptions and other Product literature contained in the Site. Should You have any questions regarding Our Products, You should contact Our Customer Service Center at 1-800-871-3250  prior to purchasing any Product. If You are already a Member, please visit the Site to obtain a complete description of Your Product, the features it contains, and instructions regarding how to use it. If You are already a Member and subsequently determine that another Product may be more suitable for Your needs, then Our Customer Service Team may be able to assist You in substituting Your current subscription Product for another Product. Note that such Substitutions may result in the imposition of a higher membership fee.
     
  13. ACTIVATION/PROMOTIONAL CODES. If You are using an activation or promotional code ("Code") that You received as part of a third party data breach notification, or a promotional offer made available by Us, You will be required to provide Your Code during the course of Your enrollment process in order to complete Your order for the Product that corresponds to Your Code. All Codes contain a predetermined expiration date beyond which they will no longer be valid. Whenever a Code is provided, it is accompanied by a notification letter or other instructions and Product information. Please review this information carefully prior to attempting to activate Your Code. In the event that You have any questions or encounter difficulty completing Your registration or Product order, please contact Our Customer Service Team at 1-800-871-3250. We are not responsible for lost or stolen Codes.
     
  14. ALL PRODUCTS REQUIRE ELECTRONIC COMMUNICATIONS. Unless otherwise noted, Our Products are internet-based and in order to access Our Products You must have: an internet browser that supports 128-bit encryption; an email account and appropriate email software; a personal computer, operating system and connection to the internet, or in the case of Our mobile Product features, a wireless device, software and connection to the internet capable of supporting the foregoing; and sufficient electronic storage capacity on Your computer's hard drive or other data storage unit or a printer that is capable of printing from Your browser and email software. As such, You understand and agree that this Agreement will be entered into electronically, and that the following information ("communications") will be provided by Us to You by electronic means: this Agreement and any amendments, modifications or supplements to it; any initial, periodic or other disclosures or notices provided in connection with the Products, including without limitation Our privacy policy, all regulatory disclosures, and all communications related to the Products. You may request a paper copy of any legally required notice, withdraw Your consent to receive communications electronically, or change Your email or postal address for receipt of communications, by calling Our Customer Service Team at 1-800-871-3250 or sending Your request by email to customer.care@equifax.com. In furtherance of the foregoing, You expressly consent to receive all communications regarding Your membership electronically, either by e-mail or by notices posted on the Site and You agree that any requirement that a notice, disclosure, agreement, or other communication be sent to You by Us in writing is satisfied by such electronic communication. In order to ensure Your continuing access to Your Product, You agree to update Your email address on file whenever Your email address changes. You further acknowledge that we may send You e-mails which include notices about Your membership as well as information pertaining to the Products. Please note that mobile messaging and data rates may apply and You should consult with Your Carrier prior to enabling any mobile feature associated with Your Product.
     
  15. NO GUARANTEE OF PRODUCT AVAILABILITY. Because of the nature of Internet and online communications, this Site or the Products may not perform as intended despite Our efforts, those of Your Internet service provider, and You. We do not guarantee uninterrupted or error free operation of Your Product or this Site. In addition, Your use of a Product that is excessive or in a manner not contemplated by this Agreement may also result in a Product not performing as intended despite Our efforts. We will use reasonable efforts to maintain operation of the Site and availability of the Products at all times. If there is a system error or other problem concerning Your Product, You agree to promptly notify Us of the same, We will try to correct the error, but You will not be entitled to any money for any system error of any type except for monies You paid for Products that We do not provide.
     
  16. SUBSCRIPTION-BASED PRODUCTS. The Products offered through this Site consist of membership Products (sometimes referred to as "continuity plans") and one-time Report Products. By "subscription-based" We mean that all such Products and associated Product features are offered pursuant to memberships that automatically renew indefinitely without further action by the Member, and the corresponding membership fee is charged to the Member on the same day of each subsequent renewal term (monthly or annually, as the case may be). So long as the subscription-based membership remains active, each Member is entitled to all of the features, benefits, and privileges associated with membership until the membership is cancelled by the Member or otherwise terminates or expires. Upon cancellation, Members immediately loses access to all of their credit data, analyses or similar information housed within the Site and all other Product benefits. All of Our subscription-based Products renew automatically, but no Product is offered pursuant to terms which prevent the Member from cancelling the Product prior to the expiration of the then-current term. Accordingly, YOU MAY CANCEL YOUR SUBSCRIPTION-BASED MEMBERSHIP AT ANY TIME BY CALLING OUR TOLL-FREE NUMBER AT 1-800-871-3250 OR BY NOTIFYING US IN WRITING AT EQUIFAX PERSONAL SOLUTIONS, P.O. BOX 105496, ATLANTA, GEORGIA 30348, ATTENTION: PRODUCT CANCELLATION AND ANY SUCH CANCELLATION REQUEST WILL BECOME EFFECTIVE PROMPTLY UPON OUR RECEIPT OF YOUR REQUEST. Depending on when Your cancellation becomes effective, You may be entitled to a pro-rated refund of any fees You have paid in accordance with our then-current refund policy set forth herein. For monthly subscription products, if You have been charged for Your Product, Your Product will be canceled at the end of Your current billing cycle. For annual subscription products, if You have been charged for Your product, Your Product will be cancelled on the purchase date of the month You cancel. Your purchase date is the day of the month that your Product became effective. If You have surpassed that day in the current month, You will continue to have access to Your Product until that day the following month. If Your purchase date is the 29th, 30th, or 31st of the month and the next month does not have one or more of these dates, You will continue to have access to Your Product until the last day of that month.
     
  17. REPORT PRODUCTS. If You purchase a one-time Report Product, the resulting report will be accessible online for a period of thirty (30) days from the date You order the report. If You would like to be able to refer to the report beyond the 30 day period that it is available online, You must print the report within the 30 day period. The report will not update during the 30 day period that it is available online. If You order a Report Product while You are an active Member of a subscription-based Product, You may view the resulting Report Product online (but do not update) for 12 months from the date that You ordered the report, provided that You maintain Your membership during that time. If You cancel Your enrollment, Your report will no longer be available as of the date you cancel and You must print the report prior to cancellation if You would like to be able to refer to Your report beyond that time.
     
  18. CREDIT MONITORING PRODUCTS AND PRODUCT FEATURES. When offered or included as part of Our Products, "Credit Monitoring" monitors Your Equifax consumer credit file. In the case of all Products which feature Credit Monitoring, the Credit Monitoring You request and authorize monitors the credit file most closely identified with You based on identifying factors such as first, last, and middle name, date of birth, Social Insurance Number, if available, and current and former addresses. Credit Monitoring will not advise You if an item of identifying information is contained in the credit file of another person and in no event will Credit Monitoring ever monitor, compare or cross-reference Your credit file(s) with the credit file(s) of another person, nor will it ever provide You with any information contained in another person's credit file(s).
     
  19. IDENTITY THEFT INSURANCE. Certain Products include an identity theft insurance benefit for active Members. This identity theft insurance benefit for active Members is underwritten and administered by American International Group, Inc. and its affiliates under a master group policy issued to Equifax for the benefit of its Members. The complete insurance policy is from Us on request. American International Group, Inc. administers all claims and We shall have no responsibility with respect to such identity theft benefit.
     
  20. EQUIFAX COMPLETETM FRIENDS AND FAMILY PRODUCT. The Equifax Complete Friends and Family Product is a subscription-based Product that allows one adult ("Primary Member") to purchase a single membership that enables a second adult ("Added Member") to enjoy the benefits associated with one of our most common subscription-based Products (Equifax Complete Premier) at a discount to the normal retail price each adult would pay for an individual membership for the Product (Equifax Complete Premier) if purchased separately. In addition to these possible financial savings, the Friends and Family  Product offers a Product feature that is unique to Our Products, which is the ability of either adult to authorize Us (by way of an affirmative opt-in election and authorization that is revocable at any time) to share Alerts that are the result of Credit Monitoring. No other form of credit information or personal information will be shared or disclosed. When You enroll under the Friends and Family  Product (as the Primary Member or Added Member, as the case may be) and authorize Us to share Your Alerts with the other adult Member, You are the "Subject". When the other adult Member makes their Alerts available to You for You to review, You are the "Reviewer." The election to share Alerts under the Family Plan Product is strictly optional and does not need to be reciprocal. By this, We mean that the Shared Alerts option can be configured such that one, both or neither of the adult Members may choose to share Alerts. In no event will You be able to share Your Alerts or view the other Member's Alerts unless We have successfully authenticated Your identity and You have expressly authorized Us (by way of an affirmative and revocable election) to do so. The version of Your Alerts that We provide to the Reviewer, will be the same as the Alerts You see, but no other credit information will ever be shared or made available to the Reviewer, even if You request that We do so. You will not have the opportunity to review the Shared Version of Your Alerts before We share it with the Reviewer pursuant to Your authorization. You acknowledge and agree that when You enable the Shared Alerts capability within the Member Center that You are designating Us as Your agent and giving Us Your "written instruction" to obtain from Equifax and public records sources the credit file and other information necessary to compile Your Shared Alerts, to create Your Shared Alerts for You, and to make the Shared Version of Your Alerts available to the Reviewer as instructed by You. YOU ACKNOWLEDGE THAT IT IS YOUR RESPONSIBILITY TO EXERCISE SOUND JUDGMENT WHEN DECIDING WHETHER AND WITH WHOM TO SHARE YOUR ALERTS, AND YOU AGREE THAT YOUR INTERACTIONS WITH SUCH REVIEWERS, INCLUDING YOUR ACCESS TO AND USE OF THE FRIENDS AND FAMILY PRODUCT, IS AT YOUR OWN RISK. ADDITIONALLY, YOU ACKNOWLEDGE AND AGREE THAT NEITHER WE, NOR ANY OF OUR DIRECTORS, OFFICERS, AGENTS, EMPLOYEES, SUPPLIERS, LICENSORS, AFFILIATED COMPANIES, OR AFFILIATED CREDIT BUREAUS, ARE RESPONSIBLE OR LIABLE TO YOU FOR ANY ACTIONS TAKEN OR DECISIONS MADE BY ANY REVIEWER WITH WHOM YOU HAVE SHARED YOUR ALERTS.
     
  21. SITE AVAILABILITY. Because of the nature of Internet and online communications, this Site may not perform as intended despite Our efforts, those of Your Internet service provider, and You. We do not guarantee uninterrupted or error free operation this Site. We will use reasonable efforts to maintain operation of the Site.
     
  22. OWNERSHIP. This information, materials, text, graphics, images, logos, site design, and the selection, assembly, and arrangement of the Site (collectively “Content”)  is protected by applicable Canadian copyright and trade-mark laws, as well as by the copyright and trade-mark laws of other countries.  The Content cannot be altered without infringing on Our rights, including without limitation Our moral rights.  As such, You may not remove, alter or cover any copyright or other proprietary notices placed on this site or on products or related Content acquired through this Site. We, collectively or individually, retain ownership of all intellectual property rights in this Site, including without limitation the Content.  For the avoidance of doubt, the Content may not be copied, distributed, displayed, modified, reproduced, performed, published or reverse engineered in whole or in part without Our prior written permission.
     
  23. PERSONAL INFORMATION; AUTHORIZATION. As needed to provide Products to You, You authorize and instruct Us to collect, use, monitor, compile and disclose Your personally identifiable information. By placing Your order, You acknowledge and agree that Your access to the Products and any consumer credit or personally identifiable information contained therein is subject to Your prior written authorization and Our approval of Your order. As such, You understand and agree that by submitting Your order, You are providing “express consent” in accordance with applicable Canadian privacy and credit reporting legislation for Us to obtain credit information from the personal credit report maintained by one or more  credit reporting agencies and You hereby authorize Us to access Your personal information and Your credit information in order to provide the Products. By submitting Your order, You acknowledge receipt of Our Privacy Policy and agree that We may use and share Your personal information in accordance with Our Privacy Policy, which is incorporated by reference into this Agreement.
     
  24. SECURITY, COOKIES AND LINKS.  Once you have gained access to the Site, it is highly recommended that you do not leave the computer terminal until you have left the Site.  We do not warrant that any information, software or other material accessible through the Site or through links to other web sites are free of viruses, worms, Trojan horses or other harmful components. Without the use of encryption, communication through the Internet or electronic communication is not secure and privacy cannot be ensured. Cookies are small data files sent to the Internet browser when a user visits an Internet site. Cookies record information on the visitors or on the pages visited. We may use cookies in order to facilitate Your future visits on the Site. They do not contain or transmit any personal information.  We have retained the services of a specialized firm to help it evaluate the effectiveness of our advertising and to determine the behaviour of visitors on our Site. To this end, We may use Internet tags and cookies provided by this firm and added to the web pages. We gather only information pertaining to Your behaviour on our Site, such as the pages you visit; no personal information is gathered. We do not review or approve outside sites that are or may be linked to this Site.  Links from or to Internet Web sites outside this Site are meant for convenience only and you access them at your own risk. These links should not be construed as an endorsement, a guarantee or a recommendation of the products or services offered on those sites. We expressly disclaim any liability of any nature whatsoever arising directly or indirectly from other sites connected to the Site by hyperlink. This disclaimer is in addition to section 25 below.
     
  25. LIMITATION OF LIABILITY.  All Content found or accessed on this Site is provided on an "AS IS" basis and without warranties of any kind, either expressed or implied. We completely disclaim all liability arising from the use of the Content contained on this Site by You. Further, and without limiting the generality of the foregoing, in no event shall We be liable for any direct, indirect, incidental, consequential or special damages, losses, claims or expenses arising out of the use of the information herein, or in any way connected with access to or use of the Site.  Without limiting the foregoing, We do not represent or warrant that the use of the Site and, including the browsing and downloading of any Content, will be free of viruses, Trojan horses, worms or other destructive or disruptive components.  You acknowledge and agree that is it up to You to ensure that you have a complete and current backup of the information contained on your computer system prior to using the Site and that You will take reasonable precautions to scan for computer viruses, worms, Trojan horses, and other items of a destructive nature when using this Site.
     

Last Revised:  August 2016