Borrowell provides a variety of products and services, including the content, software, features and functions made available through the Website and the App, such as:
Borrowell Free Credit Score: free credit reports and scores from Equifax;
Borrowell Credit Coach: education and insights about your credit score;
Borrowell Bill Tracking: bill tracking tool;
Borrowell Loan: personal term loan service;
Borrowell Credit Builder: subscription program that may help improve your credit; and
Borrowell Marketplace: referral and affiliate program platform which includes offers for various financial products (collectively, the “Services”).
Borrowell owns Refresh Solutions Inc., and Refresh Card Solutions Inc., which operate under the name Refresh Financial. The Refresh Financial products appear on the Borrowell Marketplace. Borrowell provides various services including operational, marketing and customer support in connection with the Borrowell Credit Builder which is originated by Refresh Solutions Inc. Additional terms related to this product can be found in the Borrowell Credit Builder Agreement.
We offer our Services to select provinces and territories and reserve the right to limit the availability of our Services to any geographic area or jurisdiction, at any time and in our sole discretion. Please note that the Borrowell Loan and the Borrowell Credit Builder may not be available in your province or territory.
We reserve the right in our sole discretion to make changes to how we operate and provide our Services, including adding new services, modifying existing services, or suspending, discontinuing, or terminating your access to any or all portions of our Services. Some of our Services are subject to additional terms and conditions (“Additional Terms”), which are included in a separate document and/or agreement. If there is a conflict between applicable Additional Terms and these Terms and Conditions, the Additional Terms will control.
REGISTRATION AND PASSWORDS
To access certain portions of the Services, including the Borrowell Marketplace, your Borrowell Loan, Borrowell Bill Tracking, Borrowell Credit Builder or other account, you may be asked to complete a registration form on the Website or through the App (the “Account”). In consideration for your use of the Services, you agree to provide true, current, complete and accurate information as requested on any registration form to which the Services may direct you, and to update that registration information as soon as possible after any information on such registration form changes.
Upon registration, you will choose a username and password. You alone are responsible for keeping that password and username confidential, and for any and all activity that occurs in connection with your use of the Services under such password or username. You agree to immediately notify Borrowell of any unauthorized use of your password or username or any other breach of security.
CONSENT FOR CREDIT SCORE AND REPORTS
In connection with your use of the Services, we may send or otherwise provide you with marketing offers about third party financial products or services that may be of interest to you (“Third Party Offers”). Borrowell makes no representations or guarantees regarding your eligibility or qualification for such Third Party Offers. If you have any questions regarding any Third Party Offers, you must contact the third party directly. You understand and agree that Borrowell is merely providing you with information on Third Party Offers that may be of interest to you, and that Borrowell has no control over or responsibility for the Third Party Offers or any loss that you may suffer as a result of the use of such Third Party Offers. You should exercise your own judgment and obtain any advice you consider necessary prior to entering into an arrangement with a third party.
It is our goal to provide increased value to visitors to the Website and users of the App. Therefore, the Service (including online advertisements) might offer you links to other sites on the Internet that are owned and operated by third parties and therefore not affiliated with us. Please understand that such linked websites are independent from Borrowell and that Borrowell has no control over the content of such websites. Consequently, Borrowell cannot be held liable and makes no warranty or representation whatsoever as to the accuracy, timeliness and/or completeness of the information contained on such websites.
The links which we might place on our Website or the Services do not imply that we sponsor, endorse or are affiliated or associated with, or have been legally authorized to use any trade-mark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such sites.
By using the Services, you understand and acknowledge that any information Borrowell provides to you is for informational purposes only and does not constitute financial, legal, tax, investment or other advice to you and should not be relied upon in that regard. In addition, Borrowell does not promise or guarantee that the information provided to you as part of the Borrowell Credit Coach or that using Borrowell Bill Tracking will improve your credit score.
USER CODE OF CONDUCT
As a condition of your continued access to and use of the Services, you agree to abide by all applicable federal, provincial, territorial and other laws and regulations and the “User Code of Conduct” set forth below. Specifically, in addition, without limiting the foregoing, you agree not to:
upload, post, e-mail or otherwise transmit any material that:
constitutes unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
infringes any patent, trade-mark, trade secret, copyright or other proprietary or privacy rights of any party;
is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, racially, ethnically or otherwise objectionable, or an unfair product comparison; or
contains any form of destructive software such as a virus, worm, Trojan horse, time bomb, cancelbot, or any other harmful components or any other computer file, program or code, designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment;
harvest or otherwise collect or store any information (including personally identifiable information) about other users of the Services, including e-mail addresses, without the express consent of such users;
for the purpose of misleading others, create a false identity of the sender or the origin of a message, forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through the Services;
attempt to gain unauthorized access to the Services, other computer systems or networks connected to the Website, through password mining or any other means;
interfere with or disrupt networks or servers connected to the Services or violate the regulations, policies or procedures of such networks; and
use, download or otherwise copy, or provide to any person or entity any Website users directory or other user or usage information or any portion thereof other than in the context of your use of the Services.
From time to time we may offer and/or co-sponsor contests or promotions in connection with the Services, such as our Refer-a-Friend program and contest. Each of these activities shall be governed by specific rules accessible from the pages of the Website or App offering the promotion or when you submit your entry.
The Borrowell Marketplace is a platform that allows you to get information about and compare various types of financial products such as loans, credit cards, car loans and mortgages from different third parties.
Some information about certain financial products appearing on the Website and/or App is provided directly by the third party. Borrowell makes no representations or warranties about the accuracy of any information contained on the Website and/or App, and shall not be responsible for any inaccuracies, misrepresentations, errors or omissions in the information provided, and some information may not always be up to date. You are strongly encouraged to do your own research before relying on any of the information provided on the Website and/or App. You should exercise your own judgment and obtain any expert advice you consider necessary prior to entering into an arrangement with a third party.
While the Borrowell Marketplace provides information on a wide range of products or services, there may be other products or services available on the market which are not shown on the Website or App and which may be more appropriate or suitable for you.
BORROWELL BILL TRACKING
Borrowell offers a free bill tracking tool. This tool helps you track bills and protect your credit score, while avoiding costly bank fees. Borrowell Bill Tracking uses historical bank account transactions to predict future bills, and notifies you about upcoming due-dates or when your balance is running low.
If you subscribe to Borrowell Bill Tracking, you direct Borrowell to retrieve your account transaction history, balance information, and/or other information maintained by the financial institution that you choose during Borrowell Bill Tracking registration (“Third-Party Account Information”). Borrowell works with one or more third-party service providers to access this Third-Party Account Information. By using the Services, you authorize Borrowell to access this information maintained by identified third parties, on your behalf as your agent, and you expressly authorize such third parties to disclose your information to us. By using Borrowell Bill Tracking, you are also agreeing that you are responsible for keeping your passwords and usernames for this Third-Party Account Information secure and for keeping those passwords and usernames up to date in the Services.
You acknowledge that any Third-Party Account Information that is displayed through the Services will be the information we most recently accessed, and that this information may not reflect pending transactions or other recent activity.
You can cancel your enrollment in Borrowell Bill Tracking at any time by unsubscribing within the App.
OWNERSHIP / RESTRICTIONS ON USE
The Services are owned and operated by Borrowell. Any and all content, data, graphics, photographs, images, audio, video, software, systems, processes, trademarks, service marks, trade names and other information including, without limitation, the “look and feel” of the Website or App (collectively, the “Content”) contained in the Services are proprietary to Borrowell, its affiliates and/or third-party licensors. The Content is protected by Canadian, United States and international copyright and trademark laws.
Except as set forth herein, you may not modify, copy, reproduce, publish, post, transmit, distribute, display, perform, create derivative works from, transfer or sell any Content without the express prior written consent of Borrowell. You may download, print and reproduce the Content for your own non-commercial, informational purposes provided you agree to maintain any and all copyright or other proprietary notices contained in such Content, and to cite the URL source of such Content. Reproduction of multiple copies of the Content, in whole or in part, for resale or distribution is strictly prohibited except with the prior written permission of Borrowell. To obtain written consent for such reproduction, please contact us at [email protected].
DISCLAIMER/ LIMITATION OF LIABILITY
THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING IN THE PROVINCE OF QUEBEC, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES, LIABILITY OR CERTAIN DAMAGES OR LIMITATIONS OF REPRESENTATIONS MADE CONCERNING GOODS OR SERVICES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH CASE, EXCLUSIONS/LIMITATIONS WILL APPLY TO THE GREATEST EXTENT CONSISTENT WITH APPLICABLE LAW.
Although we strive to update and keep accurate as much as possible the Content contained in the Services, errors and/or omissions may occur and we cannot guarantee it is accurate and complete at all times. As noted above, through the Services you may receive predictions about your financial situation including, for example, predictions about your upcoming bills (each, a “Prediction”). You understand and acknowledge that each Prediction merely represents our attempt to predict the relevant facts regarding your Bank Account, that we do not guarantee the accuracy of any such Prediction. Except as expressly set forth herein any use of the Website, the App and the Services, and any decision of yours to act upon any Prediction is your sole responsibility.
ACCORDINGLY, TO THE FULLEST EXTENT PERMITTED BY LAW, THE WEBSITE AND APP, INCLUDING THE CONTENT, THIRD PARTY OFFERS AND SERVICES PROVIDED THEREIN (INCLUDING ANY THIRD PARTY BANK ACCOUNT VERIFICATION SERVICES), IS BEING PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. BORROWELL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. BORROWELL DOES NOT WARRANT THAT THE FUNCTIONS ON THE WEBSITE OR THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BORROWELL DOES NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE WEBSITE AND APP OR IN RESPECT TO ANY WEBSITE THAT CAN BE REACHED FROM A LINK ON THE WEBSITE AND APP, AND BORROWELL SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD PARTY.
IN NO EVENT SHALL BORROWELL, ITS AFFILIATES, MEMBERS, OFFICERS, EMPLOYEES, AGENTS AND LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM OR IN CONNECTION WITH (1) YOUR USE OF, OR THE INABILITY TO USE, THE WEBSITE AND APP, ANY CONTENT OR SERVICES (INCLUDING THIRD PARTY OFFERS) OR (2) ERRORS, MISTAKES OR INACCURACIES IN THE MATERIALS ON THE WEBSITE AND APP OR PROVIDED BY THIRD PARTIES. THESE LIMITATIONS SHALL APPLY EVEN IF BORROWELL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, RELIABILITY OR CURRENCY OF ANY CONTENT.
CHANGES AND TERMINATION
APP UPDATES AND UPGRADES
“Borrowell” is a trademark of Borrowell. Other marks, graphics, typefaces, trademarks and logos appearing in connection with the Services are trademarks or trade dress of Borrowell. All other trademarks appearing on the Services are property of their respective owners. Our trademarks and trade dress may not be used in any manner for any purpose without our express written consent.
ADDITIONAL LICENSE TERMS
APPLE APP STORE ADDITIONAL LICENSE TERMS
Notwithstanding anything to the contrary hereunder, you may use the App only on an iPhone or iPod touch that you own or control.
You and we acknowledge that Apple has no obligation to furnish any maintenance or support services with respect to the App.
You represent and warrant that you are not: (i) located in any country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; or (ii) listed on any U.S. Government list of prohibited or restricted parties.
You may contact us in writing regarding any notices, questions, complaints or claims with respect to the App: Borrowell Inc. 1 University Ave, 3rd Floor, Toronto, ON, M5J 2P1. Email: [email protected].
GOOGLE PLAY ADDITIONAL LICENSE TERMS
You acknowledge that Google is not responsible for providing support services for the App.
Last Updated: May 18, 2022