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LEGAL

Terms & Conditions

These Terms of Use and Crecero Account Terms and Conditions (collectively, this “Agreement)” set forth the terms and conditions that apply to your access and use of Crecerotechnologies.com (the “Crecero Website”) and the Crecero Account via the Crecero Website and Crecero’s mobile app (the “Crecero App”) as owned and operated by Crecero Technologies Inc. and its subsidiaries and/or affiliates. Crecero Technologies Inc., its subsidiaries, affiliates and, except as otherwise set out in this Agreement, its third-party partners (where you have applied for or obtained a product or service offered by a third party partner such as a Partner Lender) are collectively referred to in this Agreement as “Crecero”, “we” or “us”, and the Crecero Website, Crecero Account and Crecero App are collectively referred to in this Agreement as “Crecero Services”. As used in this Agreement, the term “Site” includes all Crecero Services websites, including without limitation, the Crecero Website, pages that are associated or within each website and all devices, applications or services that Crecero operates or offers that link to this Agreement. By accepting electronically (for example, clicking “Sign Me Up” or “Continue”), installing, accessing or using the Crecero Services, you agree to be bound by the terms and conditions of this Agreement and Crecero’s Privacy Policy, as they may be amended from time to time in the future (see Section 20 below). If you do not agree to this Agreement, then you may not use the Crecero Services and must leave the Site immediately.




Acceptance of Agreement

By using the information, tools, features, software and functionality including content, updates and new releases provided by Crecero, of the Crecero Services, you agree to be bound by this Agreement, whether you are a “visitor” (which means that you simply browse the Site), or a “customer” (which means that you have registered for a Crecero Account with us). The term “you” refers to you in your capacity as a visitor and/or a customer. If you wish to become a customer or want to make use of the Crecero Services, you must read and accept this Agreement.


You may not use any of the Crecero Services and you may not accept this Agreement if you are not legally authorized to accept and be bound by these terms or are not at least the age of majority in your province or territory of residence and, in any event, of a legal age to form a binding contract with Crecero.


Before you continue, you should print or save a local copy of this Agreement for your records.




Terms of Use


Privacy and Your Personal Information

We treat privacy very seriously. Any personal information you provide to us in connection with the Crecero Services will be dealt with as described in our Privacy Policy. You can view our Privacy Policy here and on the Site. You agree to the Privacy Policy, and any changes published by Crecero. You agree that Crecero may use and maintain your personal information according to the Privacy Policy, as part of the Crecero Services. You give Crecero permission to combine information you enter or upload for the Crecero Services with that of other users of the Crecero Services and/or other Crecero products and services. For example, this means that Crecero may use your and other users’ non-identifiable, aggregated data to improve the Crecero Services or to design promotions. Crecero may access or store personal information in multiple countries, including countries outside of your own country, to the extent permitted by applicable law.


If you apply for or take out a product or service that is offered through a third-party provider (such as a Partner Loan from a Partner Lender, described below), then you may be required to review and consent to that third-party provider’s privacy policy. If this occurs, then that third-party provider’s privacy policy (and not the Crecero Privacy Policy) will dictate how the third-party provider uses, stores and shares your personal information. Crecero’s Privacy Policy will continue to dictate how Crecero uses, stores and shares your personal information.




Description of the Crecero Services

The Crecero Services may also present you information relating to third party products or services (“Crecero Offers”) that you may be interested in. The Crecero Services may also provide you general tips, recommendations and educational material.




Permitted Use of the Site

Anyone is welcome to visit and browse the Site. Only persons who are resident in a Canadian province or territory, United states and Mexico where Crecero does business and are at least the age of majority in their province or territory of residence may apply for any account, product or services available on or through the Site, including without limitation, a Crecero Account, and by so applying you represent and warrant to Crecero that you meet those qualifications. You may not enter any false, fraudulent, indecent, obscene, profane or otherwise inappropriate information into any application or other data entry form or page located on or through the Site, and you represent, warrant and agree that you will enter only true and accurate information into any form or page related to the Site, you will keep such information updated, and that you will use the Site only in compliance with all applicable laws. You acknowledge and agree that Crecero does and will cooperate with law enforcement officials and agencies in any investigation of potential or alleged violations of any applicable law. You acknowledge and agree that Crecero may investigate (or have investigated on its behalf) allegations of infringement of third party rights or abuse or any other inappropriate use of the Site.




Crecero Offers and Hyperlinks to Third Party Sites

Some parts of the Crecero Services are supported by sponsored links from advertisers. The Crecero Services may display Crecero Offers that may be custom matched to you based on information stored in the Crecero Services, queries made through the Crecero Services or other information. We may disclose when a particular Crecero Offer is sponsored or otherwise provided by a third party.


The Crecero Services contain various links to third party websites. These are provided solely for your convenience, and Crecero does not endorse such websites or the products or services offered by them. You should review the terms of use, privacy policy, and other agreements contained on any such third party website before using such third party websites or acquiring any product or service from them, or providing any personal information to them. YOU ACKNOWLEDGE AND AGREE THAT CRECERO WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSSES OR DAMAGES WHATSOEVER THAT YOU MAY SUFFER IN RELATION TO THE USE OF ANY THIRD PARTY WEBSITE OR ANY PRODUCT OR SERVICE OFFERED THEREON.




Your Registration Information

You agree and understand that you are responsible for maintaining the confidentiality of your password which, together with your login e-mail address, allows you to access your Crecero Account. That login email address and password, together with any mobile number or other information you provide form your “Registration Information.”


If you become aware of any unauthorized use of your Registration Information for the Crecero Services, you agree to notify Crecero immediately.


If you believe that your Registration Information or device that you use to access the Crecero Services has been lost or stolen or that someone is using your Crecero Account without your permission, you must notify Crecero immediately in order to minimize your possible losses by using the online chat option on the Site or by writing to us at Crecero Technologies Inc., 100 King Street West Suite 5700 Toronto Ontario M5H 2L3.




Your Use of the Crecero Services

Your right to access and use the Site and the Crecero Services is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use the Site and Crecero Services for lawful purposes. Accurate records enable Crecero to provide the Crecero Services to you. You must provide true, accurate, current and complete information about your accounts maintained at other websites, as requested in our Link Bank feature, and you may not misrepresent your Registration Information. In order for the Crecero Services to function effectively, you must also keep your Registration Information up to date and accurate. If you do not do this, the accuracy and effectiveness of the Crecero Services will be affected. You represent that you are the legal owner of, and that you are authorized to provide us with, all Registration Information and other information necessary to facilitate your use of the Crecero Services.


Your access and use of the Crecero Services may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Crecero Services or other actions that Crecero, in its sole discretion, may elect to take. In no event will Crecero be liable to any party for any loss, cost, or damage that results from any scheduled or unscheduled downtime.


Your sole and exclusive remedy for any failure or non-performance of the Crecero Services, including any associated software or other materials supplied in connection with such services, will be for Crecero to use commercially reasonable efforts to effectuate an adjustment or repair of the applicable service.


From time to time, Crecero may include new and/or updated pre-release features (the “Beta Features”) in the Crecero Services for your use and which permit you to provide feedback. You understand and agree that your use of the Beta Features is voluntary and Crecero is not obligated to provide you with any Beta Features. Furthermore, if you decide to use the Beta Features, you agree to abide by any rules or restrictions Crecero may place on them. You understand that once you use the Beta Features, you may be unable to revert back to the earlier version of the same or similar feature. Additionally, if such reversion is possible, you may not be able to return or restore data created within the Beta Features back to the earlier version. The Beta Features are provided on an “as is” basis and may contain errors or inaccuracies that could cause failures, corruption or loss of data and/or information from any connected device. You acknowledge and agree that all use of the Beta Features is at your sole risk.





Use with Your Mobile Device

Use of the Crecero Services may be available through a compatible mobile device, Internet and/or network access and may require software. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your mobile device and telecommunications provider.


CRECERO MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO: (A) THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE Crecero SERVICES AT ANY TIME OR FROM ANY LOCATION; (B) ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND (C) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE Crecero SERVICES.




Intellectual Property Ownership; Use, and Limits on Use, of Site Content

Unless otherwise specified, the Site and all of its elements and contents, including without limitation all graphics, text, logos and elements of design and layout of the Site, and its general look and feel (the “Crecero Content”) are subject to copyright, trade mark, and other laws protecting intellectual property, and Crecero reserves all such rights. You agree not to intentionally, and to take all reasonable steps not to inadvertently, alter, corrupt, delete or add to the Site or any of the Crecero Content, or to alter or interfere with or attempt to alter or interfere with the operation of the Site, or to transmit or otherwise install or deliver to the Site any virus, worm or other damaging, invasive or disabling computer code that may control, monitor or otherwise affect the operation of the Site. Except as specified in this Agreement or as otherwise agreed by Crecero in writing, you may not save, copy, print, display, reproduce, distribute, publish, license, resell, modify or create derivative works from, any Crecero Content or otherwise use in any manner not expressly permitted herein, any Crecero Content. Despite the previous paragraph, without waiving its copyright or any other proprietary rights in any such material, Crecero hereby grants you a fully revocable, non-exclusive license to view and print agreement terms, documents and agreement-related information visible on the Site, provided that: (a) such material may only be used for non-commercial/informational purposes; (b) subject to paragraph (c), you may not modify any such material from the form in which it prints directly from the Site, and must retain any copyright or other proprietary notices visible on the Site; (c) if you distribute any copy of such material as permitted by this clause, each copy which you distribute contains or has attached a copy of this Agreement and the Privacy Policy in their respective entireties; (d) you may not resell or otherwise charge any amount for providing such material to any other person; and (e) upon notice from Crecero of revocation of this license in writing or otherwise, you (and any person to whom you have at that time distributed a copy of any such material) will immediately cease the use of, and destroy, all such copies, except as may be required by law. Further, automated or systematic downloading or retrieval of any Crecero Content from the Site is prohibited, as are your use of the Site to sell a product or service or to increase traffic to your website for commercial reasons.




Availability of Site, Products and Services

The Site is visible across the world wide web and can therefore be viewed outside of Crecero’s home jurisdiction. The mere fact that you can view the Site from your jurisdiction does not imply that the products or services described on the Site are now, or will in future be, available in your jurisdiction.




Access and Interference


You agree that you will not:

  • Use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor the Crecero Services or any portion of the Crecero Services, without Crecero’s express written consent, which may be withheld in Crecero’s sole discretion;
  • Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Crecero Services, other than the search engines and search agents available through the Crecero Services and other than generally available third party web browsers (such as Microsoft Explorer or Safari);
  • Post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of the Crecero Services;
  • Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Crecero Services; or
  • Attempt to gain unauthorized access to any portion of the Crecero Services.



Rules for Posting

As part of the Crecero Services, Crecero may allow you to post content on blogs and at various other publicly available locations on the Site. These forums may be hosted by Crecero or by one of our third party service providers on Crecero’s behalf. You agree in posting content to follow the following rules:


  • You are responsible for all content (“Your Content”) you submit, upload, post or store through your use of the Crecero Services or the Site. You grant Crecero a worldwide, royalty-free, non-exclusive license to host and use any of Your Content provided through your use of the Crecero Services. Archive Your Content frequently. You are responsible for any of Your Content that is lost or unrecoverable. You must provide all required and appropriate warnings, information and disclosures. Crecero is not responsible for Your Content or data you submit through the Crecero Services. You have full responsibility for your Content, including its legality, reliability, appropriateness, originality, and copyright. By submitting Your Content to us, you represent that you have all necessary rights and hereby grant us a perpetual, worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, modify, display, and perform all or any portion of Your Content in connection with the Crecero Services and our business, including without limitation, in future modifications of the Crecero Services, Beta Features, other products or services, and for promoting and redistributing part or all of the Site and the Crecero Services in any media formats and through any media channels. You also hereby grant each visitor a non-exclusive license to access Your Content through the Site, and to use, reproduce, distribute, prepare derivative works of, display and perform Your Content as permitted through the functionality of the Crecero Services and under this Agreement.
  • You agree not to use, nor permit any third party to use, the Crecero Services to: (a) post or transmit any message which is libelous or defamatory, or which discloses private or personal matters concerning any person; (b) post or transmit any message, data, image or program that is indecent, obscene, pornographic, harassing, threatening, abusive, hateful, racially or ethnically offensive, that encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law, or that is otherwise inappropriate; (c) post or transmit any message, data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion; or (d) interfere with other visitors’ and customers’ use of the Crecero Services, including, without limitation, disrupting the normal flow of dialogue in an interactive area of the Site, deleting or revising any content posted by another person or entity, or taking any action that imposes a disproportionate burden on the Crecero Services infrastructure or that negatively affects the availability of the Crecero Services to others.
  • Except where expressly permitted, you may not post or transmit charity requests, petitions for signatures, franchises, distributorship, sales representative agency arrangements, or other business opportunities (including offers of employment or contracting arrangements), club memberships, chain letters, or letters relating to pyramid schemes, or any advertising, promotional materials or any other solicitation of other users to use goods or services. The Crecero Services may include a community forum or other social features to exchange information with other users of the Crecero Services and the public. Crecero does not support and is not responsible for the content in these community forums. Please use respect when you interact with other users. Do not reveal information that you do not want to make public. Users may post hypertext links to content of third parties for which Crecero is not responsible.



Social Media Sites

Crecero may provide experiences on social media platforms such as Facebook®, Twitter®, Instagram® and LinkedIn® that enable online sharing and collaboration among users who have registered to use them. Any content you post, such as pictures, information, opinions, or any personal information that you make available to other participants on these social platforms, is subject to the terms of use and privacy policies of those platforms. Please refer to those social media platforms to better understand your rights and obligations with regard to such content.




Disclaimer of Representations and Warranties

While Crecero uses reasonable efforts to include accurate and up-to-date information on this Site, it makes no representations or warranties, and provides no conditions, as to the truth, accuracy, reliability, usefulness, timeliness or completeness of that information. Crecero does not guarantee, and provides no warranties or conditions, that the Site or the Crecero Services will be sufficient or appropriate for every individual or situation, will be current, uninterrupted or error free. THE SITE, THE CRECERO CONTENT AND THE CRECERO SERVICES ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS, AND YOU USE THIS SITE AND THE CRECERO SERVICES AT YOUR OWN RISK. THE CRECERO CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. THE INFORMATION PROVIDED MAY NOT BE ACCURATE OR CURRENT, MAY NOT APPLY TO YOUR PARTICULAR SITUATION, OR MAY NOT BE SUITABLE OR APPROPRIATE FOR YOU. CRECERO STRONGLY URGES YOU TO CONSULT A PROFESSIONAL OR SOME OTHER AUTHORITY IN THE APPROPRIATE FIELD BEFORE USING ANY OF THE INFORMATION IT PROVIDES, AND YOU ACKNOWLEDGE THAT THE SITE AND THE CRECERO SERVICES ARE NOT INTENDED TO, AND SHOULD NOT BE CONSIDERED TO, PROVIDE ANY LEGAL, TAX, FINANCIAL PLANNING OR ACCOUNTING ADVICE. If you require advice in such fields, you should consult the appropriate professional advisors. CRECERO MAKES NO WARRANTY OR REPRESENTATION, AND PROVIDES NO CONDITION, THAT THE SITE OR THE CRECERO SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. You are strongly advised to obtain and use appropriate anti-virus and security software. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CRECERO HEREBY EXPRESSLY DISCLAIMS AND BY USING THIS SITE AND THE CRECERO SERVICES YOU WAIVE ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER LEGAL, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED CONDITIONS, REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY, COMPATIBILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, QUALITY OR FITNESS FOR PARTICULAR PURPOSE OR THE RESULTS THAT MAY BE OBTAINED FROM THE SITE OR THE CRECERO SERVICES, WHETHER ARISING FROM STATUTE, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE. THIS SECTION 13 WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS. You specifically agree that Crecero will not be responsible for unauthorized access to or alteration of the Site or any of the Crecero Services or your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through the Site or relating to the Crecero Services. You specifically agree that Crecero is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another’s rights, including intellectual property rights. You specifically agree that Crecero is not responsible for any content sent using or included in the Site or any of the Crecero Services by any third party.




How We Protect Your Information Across Borders


Information across borders

We may transfer Information to outside agents or service providers (including our affiliates acting in this capacity) that perform services on our behalf, for example mailing, call center, billing, collections, skip-tracing, marketing, analytics, information technology and/or data hosting or processing services or similar services, or otherwise to collect, use, disclose, store or process Information on our behalf for the purposes described in this Policy. Some of these service providers may be located outside of Canada, including in the United States, and as a result your Information may be processed and stored on servers outside of Canada for the purposes described in this Policy.


Reasonable contractual and other measures we may take to protect your Information while processed, stored or handled by these service providers are subject to applicable Canadian and foreign legal requirements, including lawful requirements to disclose personal information to government and national security authorities in certain circumstances.




Not a Financial Planner, Broker or Tax Advisor

NEITHER Crecero NOR THE Crecero SERVICES ARE INTENDED TO PROVIDE LEGAL, TAX, FINANCIAL PLANNING OR ACCOUNTING ADVICE. Crecero IS NOT A FINANCIAL PLANNER, BROKER OR TAX ADVISOR. The Crecero Services are intended only to assist you in managing your finances and are broad in scope. Your personal financial situation is unique, and any information and advice obtained through the Crecero Services may not be appropriate for your situation. Accordingly, before making any final decisions or implementing any financial strategy, you should consider obtaining additional information and advice from your accountant or other financial advisers who are fully aware of your individual circumstances.




Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NONE OF CRECERO OR ANY THIRD PARTIES MENTIONED ON THE SITE AND THEIR RESPECTIVE AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, MANDATARIES, LICENSORS, SERVICE PROVIDERS AND REPRESENTATIVES, SHALL BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES INCLUDING LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, FAILURE TO REALIZE EXPECTED SAVINGS OR BUSINESS INTERRUPTION) ARISING FROM OR RELATING TO THE USE (OR INABILITY TO USE) THE SITE, THE CRECERO SERVICES, THE CRECERO CONTENT, THE INFORMATION ON OR ANY LINK, PRODUCT OR SERVICE AVAILABLE THROUGH THIS SITE OR ANY OF THE CRECERO SERVICES, OR ARISING OUT OF ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE SITE OR RELATING TO THE CRECERO SERVICES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CRECERO IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST CRECERO, AND ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, MANDATARIES, LICENSORS, SERVICE PROVIDERS AND REPRESENTATIVES IN RESPECT OF ALL MATTERS REFERRED TO IN THE PRECEDING PARAGRAPH. IF FOR ANY REASON OR IN ANY CIRCUMSTANCE CRECERO IS FOUND LIABLE TO YOU, THE MAXIMUM AGGREGATE LIABILITY TO YOU, FOR ANY AND ALL CLAIMS ARISING IN ANY WAY FROM OR RELATING TO THE USE (OR INABILITY TO USE) THE SITE, THE CRECERO SERVICES, THE CRECERO CONTENT, THE INFORMATION ON OR ANY LINK, PRODUCT OR SERVICE AVAILABLE THROUGH THE SITE OR RELATING TO THE CRECERO SERVICES, OR ARISING OUT OF ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE SITE, RELATING TO THE CRECERO SERVICES OR OTHERWISE, SHALL BE LIMITED TO CDN$10.00.




Your Indemnification of Crecero

You agree to indemnify and hold harmless Crecero, its affiliates, directors, officers, agents, mandataries, employees, licensors, service providers and representatives for all losses, damages, expenses and costs, including reasonable legal counsel fees, arising from or in connection with any breach by you of this Agreement and/or your use or misuse of the Site or any Crecero Services or Crecero Content.




Hyperlinks from Third Party Site

We hereby provide consent to you creating a single hyperlink to any page of the Site, provided that: (a) The content of the website (“your site”) from which you link to the Site is not offensive under, or in breach of, your local laws and standards or those of Canada, and in particular the content of your site does not promote or positively portray unlawful activity, violence or intolerance of any sort; (b) Your site is in compliance with all laws applicable in the jurisdiction in which it is hosted and all laws of Canada; (c) Your site does not misrepresent, overstate, exaggerate, or otherwise deceptively describe the Site, Crecero or the relationship between your site and either the Site or Crecero; (d) Your site does not disparage or in any way negatively portray Crecero, the Site, or any product or service offered by Crecero or on the Site; (e) Your site, including the link permitted under this provision, does not infringe on any intellectual property right of Crecero. More specifically (but without limiting the breadth of the previous sentence), your site does not use any material, logo, text, image, video, or graphic in which Crecero holds copyright or is a trade mark or service mark (registered or unregistered and whether or not any identifying “TM”,”SM”, or ®/ “R” in a circle marking is used in association with such marks) of Crecero (including any logo or URL of Crecero, including the URL of the Site) except to the extent necessary to identify and link to the Site, and then only provided that a notice acknowledging Crecero’s ownership of the intellectual property is clearly displayed; (f) Your site does not, and no other website owned, controlled, or affiliated with you or your site, frames, mirrors, or otherwise displays any portion or content of the Site; and (g) You will, without any claim whatsoever arising there from, immediately upon request from a representative of the Site by telephone, facsimile, mail, email, or any other form of communication, remove any or all links to the Site from your site(s) as requested by such representative of the Site, whether or not such representative provides any reason or justification for such request. Your right to create any such link, in addition to be revocable as described above, is non-exclusive, and you acknowledge and agree that such right does not in any way provide you with any right or license (express, implied, by estoppel, or otherwise) in or to any Site content or any intellectual property of Crecero (or any third party the intellectual property of which is present or visible on the Site), including any copyright, trademark, service mark, patent, trade secret, trade dress or otherwise. Except as set out in this Section 17, you may not create any link to the Site without our express prior written consent.




Claims of Copyright Infringement

If you believe that material in which you hold copyright is visible on the Site without your consent, please contact us immediately at:


Crecero Technologies Inc. PO Box 2419 Station Main Winnipeg, Manitoba R3C 4A7. Please provide details of where the material is visible along with a description of the material, as well as your own name and contact information and such other information as is reasonably necessary to allow us to determine whether the Crecero Content in question infringes.




Ending Your Relationship with Crecero

This Agreement will continue to apply until terminated by either you or Crecero as set out below. If you want to terminate this Agreement as it relates to your Crecero Account, you may do so by contacting us to close your Crecero Account. Your Crecero Account will be closed and your ability to log in deactivated within ten (10) days of your request. Your Crecero Account data will be removed as explained in our Privacy Policy.


To remove Crecero from your mobile device(s), delete the Crecero App. However, deleting the Crecero App will not delete your Crecero Account, it will only delete the data from the device. Crecero may at any time, terminate its Agreement with you and access to the Crecero Services: (a) if you have breached any provision of this Agreement (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of this Agreement); (b) if Crecero in its sole discretion believes it is required to do so by law (for example, where the provision of the Crecero Service to you is, or becomes, unlawful); or (c) for any reason and at any time with or without notice to you.


You acknowledge and agree that Crecero may immediately deactivate or delete your Crecero Account and all related information in or relating to your Crecero Account and/or prohibit any further access to the Crecero Services by you. Further, you agree that Crecero will not be liable to you or any third party for any termination of your access to the Crecero Services. We encourage you to download and retain copies of any agreements relating to the Crecero Services before requesting that we close your Crecero Account.




Modifications

Crecero reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site or Crecero Services with or without notice. Crecero reserves the right to change the Crecero Services, including applicable fees, in our sole discretion and from time to time. If you do not agree to the changes after receiving a notice of the change to the Crecero Services, you may stop using the Crecero Services. Your use of the Crecero Services after you are notified of any change(s) will constitute your agreement to such change(s). You agree that Crecero will not be liable to you or to any third party for any modification, suspensions, or discontinuance of the Crecero Services.


Crecero may modify this Agreement from time to time. Any and all changes to this Agreement may be provided to you by electronic means (i.e., via email or by posting the information on the Site). In addition, this Agreement will always indicate the date it was last revised. You are deemed to accept and agree to be bound by any changes to this Agreement when you use the Crecero Services after those changes are posted.




Governing Law and Forum for Disputes

Except as otherwise specified in the specific terms of any agreement arising through your use of the Site or any of the Crecero Services: (a) this Agreement is to be interpreted and governed by the laws of the Province of Ontario and the laws of Canada applicable therein, without reference to principles of conflicts of laws; and (b) the courts located in Toronto, Ontario and the courts of appeal therefrom will have exclusive jurisdiction to hear and decide any and all disputes arising under this Agreement or otherwise arising from or relating to the Site, the Crecero Services and/or any Crecero Content. In the event that the laws of the Canadian jurisdiction in which you reside require that the laws of such jurisdiction apply to this Agreement and/or a venue located in such jurisdiction to hear all disputes arising under this Agreement, the foregoing governing law and/or venue, as applicable, will not apply to you.




Entire Agreement; Severability; Language

Unless otherwise specified in this Agreement, this Agreement constitutes the entire agreement between you and Crecero with respect to the Site and the Crecero Services and supersedes all prior or communications and agreements (whether oral, written, or electronic) between you and Crecero with respect to the Site and the Crecero Services. If any part of this Agreement is held invalid or unenforceable, the remainder of this Agreement will remain in full force and effect. It is the express wish of the parties that this Agreement and all related documents be drawn up in English. C’est la volonté expresse des parties que la présente convention ainsi que tous les documents y afférents soient rédigés en anglais.




Waiver

Crecero’s failure to exercise or enforce any right or provision of this Agreement will not constitute a waiver of that right or provision. All such waivers will be in writing and duly signed by Crecero.




Voluntary Limitation Period

Regardless of any statute or law to the contrary, any claim and any cause of action against Crecero arising out of or related to use of the Site, the Crecero Services, the Crecero Content, this Agreement, or any other product or service available on or through the Site must be filed within one (1) year after the claim or cause of action arose.




SUPPLEMENTAL Crecero ACCOUNT TERMS AND CONDITIONS

These supplemental Crecero Account Terms and Conditions apply to the Crecero Account and the benefits provided thereunder, which currently include Saas Services , the Crecero Card, Partner Loans, (collectively, the “Crecero Account Benefits”) and will prevail over any conflict or inconsistency with the Terms of Use set out above. Capitalized terms not otherwise defined below have the meanings provided above.




Crecero Card

The following terms and conditions are supplemental to the Crecero Card Terms and Conditions which can be downloaded. The Crecero Card Terms and Conditions will prevail over any conflict or inconsistency with this Agreement.


By registering for a Crecero Account, you will be entitled to receive a free Crecero Card, which can be upgraded to a unique design for an additional cost, as more particularly set out in the Crecero Card Terms and Conditions. The Crecero Card is currently only available for order through the iOS Crecero App to Crecero Members with an invite, that have passed identity verification and have an account with one of the supported Canadian banks found here. The Crecero Card is intended forindividual use only and is not suited for business use. Crecero reserves the right to terminate or suspend your Crecero Card for any reason, including if you are using the card for business purposes.


In order to receive your free Crecero Card, you must link your bank account using the Link Bank feature in your Crecero Account.


If you load your Crecero Card using Interac e-Transfer, then Crecero will use commercially reasonable efforts to process your Interac e-Transfer in as little as 30 minutes of Crecero receiving funds from your financial institution. In the event of heavy volume of transactions, it could take up to one day to process and fund. Crecero reserves the right to reject or hold your Interac e-Transfer for any reason including if the name on your bank account does not match the name in your Crecero Account or if you have not otherwise followed the funding instructions set out in the Crecero Card dashboard, including the applicable limits. Crecero will not charge a fee for you to load your Crecero Card using Interac e-Transfer, however your financial institution may charge fees for using Interac e-Transfer. Crecero will not be liable for any fees or charges that youhave paid or may be required to pay your financial institution to load your Crecero Card using Interac e-Transfer or as a result of Crecero rejecting your Interac e-Transfer.


Funding your Crecero Card using is instant and the funds will appear in your Crecero Card immediately, however, it generally takes up to four business days for the funds to be debited from your bank account. If you are not eligible to use, it will generally take up to four business days for the funds to be debited from your bank account and to appear in your Crecero Card. You must have adequate funds in your bank account for it to be successfully transferred to your Crecero Card. If the transfer of the funds from your bank account to your Crecero Card fails for any reason (a “Failed Transfer”), we will automatically charge you a non-sufficient funds fee of $25.00 (the “NSF Fee”) and, if you used to fund your Crecero Card, deduct an amount equal to the Failed Transfer from your Crecero Card. This may result in your Crecero Card going into a negative balance and you will be precluded from using your Crecero Card until you reimburse us for the Failed Transfer, if applicable, and pay the NSF Fee. If you to fund your CreceroCard and you fail to reimburse us for the Failed Transfer and pay the NSF Fee within 72 hours of us notifying you of the Failed Transfer (through a Crecero Notification or otherwise), then we will separately debit your bank account for the amount of the Failed Transfer and the applicable NSF Fee in accordance with your PAD Agreement. If this second debit fails for any reason, your Crecero Card will be in collections and sent to our Payment Services department. Your bank may also charge you a non-sufficient funds fee in connection with the Failed Transfer.


If you take out a Crecero Money loan or a Partner Loan, you may have the option to request that the proceeds of your Crecero Money loan be added to your Crecero Card. Please refer to your loan agreement for details.


Crecero reserves the right to terminate or suspend your participation in the Crecero Cashback Rewards program, cancel and purge your Cashback Rewards without compensation to you upon: (i) fraud or abuse by you of the Crecero Services; (ii) misrepresentation of information to us; or (iii) failure by you to comply with the relevant Terms and Conditions of the Crecero Services.






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Crecero Technologies


First Canadian Place
100 King Street W, Suite 5700
Toronto, ON M5X1C9
Canada