CreditFresh Mobile Loans – Terms & Conditions
Please read these terms and conditions carefully.
The following terms and conditions, and any amendments hereto (the "Agreement") is a legal agreement between you ("you" or "your") and CreditFresh-DE, Inc. and its affiliates (collectively referred to as "CreditFresh", "we", "us" or "our") for your use of the CreditFresh Mobile Loans application ("CreditFresh Mobile" or the "Application"). Affiliates include but are not limited to, related companies and their respective officers, directors, managers, employees, consultants, agents, assignees and other related parties.
1. CreditFresh Mobile
CreditFresh Mobile enables you to use your mobile device ("Mobile Device") to view your CreditFresh account (the "Service") and provides similar services as your online customer account.
The functions of the Service include, but are not limited to:
- Applying for a loan;
- Viewing your current loan agreement
- Requesting a new loan ("re-loan" request);
- Executing a new loan agreement;
- Viewing your current loan status;
- Viewing your loan history;
- Viewing your current payment schedule;
- Viewing your Profile; and
- Changing your password.
The Service is currently available to customers who have or are applying for:
- Installment Loans, excluding Texas Flex-Pay Installment Loan; and
- Payday loans, excluding Ohio Payday Loan ("Customers").
CreditFresh Mobile is provided at no additional charge to you.
You understand that you may not have access to all of the services offered by your online customer account through CreditFresh Mobile. Any terms not defined herein are the same as the terms in your online customer account.
2. Your Mobile Device
You are responsible for the care and control of your Mobile Device including your user identification information and password ("Account Information"). You must take reasonable steps to safeguard and protect your Mobile Device and Account Information. Your responsibilities include, but are not limited to:
- Determining whether you are capable of accessing the Internet on your Mobile Device. Your wireless carrier's standard data fees apply to CreditFresh Mobile;
- Keeping possession of your Mobile Device;
- Keeping a lock screen or passcode lock on your Mobile Device at all times;
- Should you wish to keep a record of your Account Information, keep such information separate from your Mobile Device; and
- Keeping your Account Information strictly confidential.
Anyone with access to your Mobile Device can view the Service. CreditFresh Mobile may sign you out of the Service after 30 minutes of inactivity.
CreditFresh is not responsible for the care and control of your Mobile Device.
If we upgrade, update or modify CreditFresh Mobile (the "Modifications"), you may be required to promptly install and use the Modifications in order for you to be able to continue to access and use the Service.
CreditFresh Mobile is designed for an iPhone®1 that has a minimum IOS®2 of 9.0 and an Android™3 that has a minimum version of 4.4. The Service can run on an iPad®4 and tablets for Andriod, however the functionality may be affected. Not all CreditFresh Mobile application features are available on all devices.
3. Mobile Application Stores
You acknowledge that this Agreement is between you and CreditFresh and not with the App Store®5, Google PlayTM store and other Application providers and related parties ("Online Store"). You agree that the Online Store:
- Is not liable to you in any way whatsoever for the distribution, use, performance or non-performance of CreditFresh Mobile;
- Has no obligation whatsoever to furnish any maintenance and support services to you with respect to CreditFresh Mobile;
- Is not responsible for addressing any claims you may have relating to CreditFresh Mobile;
- Is not responsible for any third-party claims, possession or use of CreditFresh Mobile, including the claim of infringement of a third party's intellectual property rights; and
- Is a third-party to the Agreement.
4. Limitation of Liability
WE WILL NOT BE LIABLE FOR ANY DAMAGES, LOSSES, COSTS, CLAIMS OR EXPENSES (INCLUDING DIRECT, INDIRECT, SPECIAL INCIDENTAL, OR CONSEQUENTIAL OR PUNITIVE DAMAGES) ARISING FROM THE USE OR INABILITY TO USE MONEYKEY MOBILE, OR AN ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY, COMPUTER VIRUS, SYSTEM FAILURE, LOSS OF DATA OR OTHERWISE.
THE FOREGOING DISCLAIMER SHALL APPLY REGARDLESS OF THE CAUSE OF ACTION, WHETHER IN CONTRACT, TORT OR ANY OTHER CAUSE OF ACTION WHATSOEVER, EVEN IF MONEYKEY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS PROVISION SHALL SURVIVE THE TERMINATION OF YOUR RIGHT TO USE MONEYKEY MOBILE.
YOU ACKNOWLEDGE THAT MONEYKEY WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE THAT YOU MAY INCUR IN USING (A) ANY SOFTWARE, HARDWARE, OR APPLICATIONS FROM A THIRD PARTY THAT MONEYKEY MAY MAKE AVAILABLE TO YOU AND/OR (B) ANY COMMUNICATIONS NETWORKS, EITHER PRIVATE, PUBLIC OR OTHERWISE OPERATED BY A THIRD PARTY, IN EACH CASE IN CONNECTION WITH THE ONLINE AND MOBILE SERVICES.
5. Trademarks, Copyrights & Other Intellectual Property Rights
Information, content and works on CreditFresh Mobile, including but not limited to, text, graphics, images, videos, audios and logos (the "Application Information") are protected under intellectual property rights (including copyright and trade-marks) and are the property of 2262011 Ontario Holdings, Inc., and/or its licensors. Unless otherwise specified, the Application Information may not be copied, displayed, modified, adapted, communicated or republished in any form without advance express written consent. You only have the right to use CreditFresh Mobile for personal and non-commercial purposes. All rights not expressly granted are hereby reserved. All other company and product names and logos are trademarks or registered trademarks of their respective owners in certain countries.
6. Changes to Agreement
We may add or change the provisions of this Agreement at any time. We will notify you of any additions or changes to this Agreement by posting the notice on www.creditfresh.com/legal/mobile-application-terms-and-conditions or we may choose to send you notice of those additions or changes by other means (the "Notice"). Once we provide you with the Notice, the Agreement is amended and you accept the changes as of the effective date of the Notice. If you do not agree with the Agreement, as amended, you shall discontinue using CreditFresh Mobile. Do not use CreditFresh Mobile if you do not agree to the Agreement, as amended, or otherwise. You may review the most current version of the Agreement at any time at www.creditfresh.com/legal/mobile-application-terms-and-conditions. By continuing to use CreditFresh Mobile after CreditFresh posts the Notice, you agree to and accept the new or revised terms and conditions provided under the Agreement, as amended.
7. Lost or Stolen Mobile Device and Unauthorized Access to Your User Information
You should immediately notify CreditFresh if you suspect your Mobile Device is lost or stolen, you suspect your Account Information has become known to another person or that any other unauthorized use or security breach has occurred. Not providing notification immediately may result in unauthorized access to your Account Information and/or other personal information and unauthorized transactions being conducted through your CreditFresh Mobile account. CreditFresh's contact information can be found at: www.creditfresh.com/contact-us.
8. Disposing of Your Mobile Device
Before you sell, give away, or dispose of your Mobile Device, you must delete CreditFresh Mobile because unless you do, it could be used to obtain your Account Information and/or other personal information to conduct unauthorized transactions through your CreditFresh Mobile account.
Do not respond to text messages, emails or other Internet requests that ask you to reveal personal information about yourself or your Account Information. We will never send you unsolicited messages asking for your password, account numbers, etc. We will never ask you to validate or restore your Service through unsolicited messages.
You must review your Account Information and report any errors in a timely manner.
10. Online Data Management
CreditFresh Mobile Account will collect your personal data, including, but not limited to, your name, address, mobile phone number, country code, device name, and other information arising from your use of CreditFresh Mobile, including account statements and loan documents (collectively referred to as "Mobile Data").
11. Limited License
You are granted a limited, revocable, non-transferable, non-exclusive license to use CreditFresh Mobile on a Mobile Device that you control. CreditFresh can terminate this license at any time and with or without any reason. CreditFresh Mobile is licensed, not sold, to you. You must not rent, lease, lend, sell, redistribute or sublicense CreditFresh Mobile. You agree that CreditFresh retains all rights, title and interest in and to CreditFresh Mobile including copies and portions of it. You may not decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of CreditFresh Mobile or any part of it. You may not use CreditFresh Mobile for any purpose that is illegal, fraudulent or infringes another person's rights. You agree to comply with any other requirements, restrictions or limitations provided by CreditFresh upon notice to you. You further agree to comply with any requirements, restrictions or limitations provided by a third party (including the Online Store, your Mobile Device provider or your wireless services carrier) relating to your use of CreditFresh Mobile.
CreditFresh may suspend or terminate the Service at any time without notice to you should you fail to adhere to this Agreement, or other terms and conditions governing your use of CreditFresh's website, CreditFresh Mobile and/or other products.
CreditFresh reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Service should circumstances out of CreditFresh's control corrupt or affect the administration, security and conduct of the Service.
13. Governing Law of CreditFresh Mobile
For any Service accessed through CreditFresh Mobile, applicable federal and state legislative requirements apply.
This Agreement shall be treated as though it were executed and performed in the State of Delaware and shall be governed by and construed in accordance with the laws of Delaware without giving effect to any choice of law or conflict of laws rules or provisions. Any legal claims arising out of or relating to the Agreement must be brought in the federal or state courts located in the County of New Castle, Delaware. Should a dispute arise concerning the terms and conditions of the Agreement or the breach of same by any party hereto, each party expressly reserves the option to require the other party to first submit the dispute for resolution by binding arbitration before the American Arbitration Association in New Castle County, Delaware, in accordance with the then current Commercial Arbitration Rules. EACH PARTY, BY ENTERING IT, IS GIVING UP ITS CONSTITUTIONAL RIGHT TO HAVE ANY SUCH DISPUTE DECIDED IN A COURT OF LAW BEFORE A JURY, AND INSTEAD IS ACCEPTING THE USE OF ARBITRATION. ACCORDINGLY, EACH PARTY IS ADVISED TO OBTAIN THE ADVICE OF INDEPENDENT COUNSEL BEFORE ENTERING INTO THIS AGREEMENT. Any award rendered shall be final and conclusive, and a judgment thereon may be entered in any court of competent jurisdiction. Nothing contained herein shall be construed to preclude either party from seeking injunctive relief to protect its rights pending an outcome in arbitration. Nothing contained herein shall be construed to limit any legal remedies available to either party. Either party, may, in its sole discretion, elect to file an action in any court of competent jurisdiction in New Castle County, Delaware, in lieu of and despite the alternative dispute resolution provision above. Either party shall be entitled to an award of its reasonable costs and expenses, including attorney's fees, in any action or proceeding in connection with, arising out of, or under the Agreement. Nothing in this Agreement, either express or implied, is intended to or shall confer upon any third-party any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of this Agreement.
In the event that any proceedings are initiated concerning this Agreement, such proceeding will be commenced in the state or federal courts located in Delaware. Each party consents to jurisdiction and venue in such courts and waives any objection that the venue is an inconvenient forum.
14. Your Agreement with Us
By downloading CreditFresh Mobile, you consent to have read, understood and accepted the Agreement. You will be bound by the Agreement which will continue to apply every time you use the Service.
1iPhone is a trademark of Apple Inc., registered in the U.S. and other countries.
2IOS is a trademark or registered trademark of Cisco in the U.S. and other countries and is used under license.
3Android is a trademark of Google LLC.
4iPad is a trademark of Apple Inc., registered in the U.S. and other countries.
5App Store is a trademark of Apple Inc., registered in the U.S. and other countries.