OUR TERMS OF SERVICE

By Signing any agreement with Cactus Credit, you agree to the following:

 

Privacy Policy

Cactus Credit Inc (hereinafter “Company”) is dedicated to protecting your privacy and providing you with the highest level of service. This Policy explains what Company does to keep information about you private and secure. This Policy covers only information that you provide to Company or that it obtains about you from companies that you have chosen to do business with. Please read this Policy carefully and contact us if you have any questions.

Personal Information We Collect

 

The personal information we collect about you comes from the following sources:

  • Information we receive from you, such as your name, address, and telephone number, or other information that you provide to us over the phone or in documents or applications,
  • Information about your transactions, such as your account balances with your creditors, payment histories, account activity, and all other information that may be contained in your credit card statements or other reports relating to your debt, and bank account.
  • Information we receive from consumer reporting agencies and other sources, such as your credit bureau reports, collection agency reports, or other communications, and other information relating to your payment histories, creditworthiness, annual income, or ability to satisfy your obligations.

We will not sell or transfer your personal information to third parties for any purpose in our sole discretion. We prohibit the sale or transfer of personal information to non-affiliated entities for their use without giving you the opportunity to opt out. We may disclose such information in order to effect or carry out any transaction that you have requested of us or as necessary to complete our contractual obligations with you. We may also share your information with service providers that perform business operations for us, companies that act on our behalf to market our services, or others only as permitted or required by law, such as to protect against fraud or in response to a subpoena. We may also share or transfer our information in the event we transfer or sell your account or our business assets to another provider.

By carrying out those services, we may disclose your information, as we see fit and as permitted by law, to your creditors, credit card companies, collection agencies, banks, and other entities and individuals specifically necessary to effect, administer and perform our services.

Your Choices / Opt-out

We provide you the opportunity to ‘opt out’ of having your personally identifiable information used for certain purposes. By providing information to Company you are consenting to the collection, use, and disclosure of such personal information in the manner described in this privacy policy. We provide you the opportunity to withdraw your consent when such information is collected.

Such consent may be withdrawn by calling the telephone number provided below or may be done in writing/email and sent to our customer service department at the following physical address or email address:

Cactus Credit           If by email: [email protected]

6647 Fraser St, Suite 327 Vancouver, BC V5X3T6

How We Protect Your Information

If by phone: 855-804-2590

We train our employees to protect all customer information. We maintain physical, electronic, and procedural controls that comply with government standards. We authorize our employees, agents, and contractors to get information about you only when they need it to do their work with us. You can help to maintain the security of your online transactions by not sharing your personal information or password with anyone. Remember, no method of transmission over the Internet, or method of electronic storage, is 100% secure.

This policy applies to current and former customers. If you have any questions, please contact us at the addresses or telephone numbers above.

BUYER’S RIGHT TO CANCEL

You may any contract from Cactus Credit from the day you enter the contract until 10 days after the signing date. You do not need a reason to cancel.

If you cancel a contract, the seller has 15 days to refund your money and any trade-in, or the cash value of the trade-in. You must then return the goods.

 

To cancel, you must give notice of cancellation at the address below. You must give notice of cancellation by a method that will allow you to prove that you gave notice, including registered mail, fax, or personal delivery.

MAILING ADDRESS FOR NOTICE –

Cactus Credit

6647 Fraser St, Suite 327 Vancouver, BC V5X3T6

Phone: 855-804-2590

Limitation of Liability

Company shall not be liable to Client for the inability to purchase personal property or real estate, obtain consumer financing, receive security clearance, obtain employment, or any other activity that may require a specific credit score or profile in connection with any of the services to be performed by Company pursuant to this Service Agreement.

Indemnification

Client shall indemnify and hold Company free and harmless from any and all claims, damages or lawsuits, penalties, and/or fines (including reasonable attorneys’ fees and costs) arising out of the negligence or malfeasant acts of Client, including, but not limited to the proper identification of those items on Client’s credit report that are considered inaccurate, erroneous, and/or obsolete credit information.

Dispute Resolution

In the event of any controversy, claim, or dispute between the parties arising out of or relating to this agreement or the breach, termination, enforcement, interpretation, conscionably or validity thereof, including any determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration or lawsuit in Vancouver, British Columbia or in the Province in which the consumer resides in accordance with the Laws of the Province of British Columbia for agreements to be made in and to be performed in British Columbia. Should the parties decide to arbitrate any dispute, the parties agree that the arbitration shall be administered by the ADR Institute of Canada (“ADRIC”) under its Code of Procedure and an arbitrator shall be selected by the ADRIC. The arbitrator shall be neutral and independent and shall comply with the ADRIC code of ethics. The award rendered by the arbitrator shall be final and shall not be subject to vacation or modification. Judgment on the

award made by the arbitrator may be entered in any court having jurisdiction over the parties. If either party fails to comply with the arbitrator’s award, the injured party may petition a court of competent jurisdiction for enforcement. The parties shall share the cost (not attorney’s fees) of arbitration equally. If the consumer’s share of the cost (not fees) is greater than $2,000.00 (Two-thousand dollars), the company will pay the consumer’s share of costs in excess of that amount. In the event a party unsuccessfully challenges the arbitrator’s award, or fails to comply with the arbitrator’s award, the other party is entitled to costs of suit, including a reasonable attorney’s fee for having to defend or enforce the award. This section shall survive any termination.

Company’s Right to Conduct Business Electronically, to Contact Client Via SMS Text and Via an Auto-dialer, and the Company’s Right to Use Pre-Recorded Messages When Contacting Client

Client agrees unless specifically requested otherwise, that by entering into transactions with Company, Client affirms consent to receive, in an electronic format, all information, copies of agreements, and correspondence from Company and to also send information in an electronic format unless previously agreed upon in writing with Company. Client consents and agrees that Company may provide all disclosures, periodic statements, notices, receipts, modifications, amendments, and all other evidence of transactions electronically. All electronic communications will be deemed to be valid and authentic, and Client intends and agrees that those electronic communications will be given the same legal effect as written and signed paper communications. The client has a right to receive a paper copy of any of these electronic records if applicable law specifically requires us to provide such documentation. Client’s consent may be withdrawn at any time upon the Company’s receipt of such withdrawal. However, Client’s withdrawal of Client’s consent to conduct business electronically can only occur if applicable law specifically requires Company to provide a paper copy of electronic documents. Withdrawal of consent will slow the speed at which Company can complete certain steps in transactions with the Client and deliver services to the Client. To inform Company that Client either withdraws Client’s consent to receive future notices and disclosures in electronic format, would like to receive paper copies, or to update Client’s information, Client may send such request to Cactus Credit, 6362 Fraser St, Suite 327, Vancouver, BC V5W0A1. The client acknowledges and agrees that the internet is considered inherently insecure. Therefore, Client agrees that Company has no liability to Client whatsoever for any loss, claim, or damages arising or in any way related to Company’s responses to any electronic communication, upon which Company has in good faith relied. At all times, the Client maintains the sole obligation to ensure they can receive Company’s electronic communications, and access them on a regular and diligent basis.

 

The client also agrees to be contacted by telephone on Client’s landline and/or cell phone by Company irrespective of whether the Client’s telephone number appears on any “Do Not Call” lists. Client further agrees that Company may use a computerized dialing system to contact Client via telephone or SMS text and Client may use a pre-recorded message when contacting Client via telephone or SMS text. Client understands that his or her consent to be contacted does not require Client to purchase any goods or services from Company. To inform Company that Client either withdraws Client’s consent to receive communications from Company as described directly above, or to update Client’s information, Client may send such request to Cactus Credit, 6647 Fraser St, Suite 327, Vancouver, BC V5X 3T6.

Confidentiality

Client acknowledges that by reason of his/her relationship to Company hereunder, he/she will have access to certain information and materials concerning Company’s business plans, the identity of other clients, the technology used, and products produced that is confidential business information and trade secrets (collectively “Trade Secrets”) of Company. Such Trade Secrets are of substantial value to the Company, which value would be diminished if such Trade Secrets were disclosed to third parties. Client agrees that it shall not use in any way for its own benefit or for the benefit of any third party, nor disclose to any third party, any such Trade Secrets revealed to her/him by Company.

 

Client’s information will never be sold or provided to any third parties for marketing purposes. However, the Client’s account information may be shared with the broker/loan officer, dealership, realtor, or third party that may have initially referred the Client to the Company. Client grants permission to these third parties to view Client’s information and also grants permission to Cactus Credit to share this information with them. Client acknowledges that this in no way violates any privacy rights the Client may be entitled to in regard to applicable laws.

 

Audit Services

In exchange for the Company’s receipt of the Audit Services Fee from the Client, the Company will perform the following services. The Company will review the Client’s credit reports and other credit documents as provided by the Client. The Company will analyze the client’s credit report with a focus on determining if any information on a credit report is inaccurate, outdated, or unverifiable. The Company will assist the Client in determining the action to take with each account in regard to the Client’s credit file. The Company will assist the Client in obtaining a copy of the credit report if needed. Additional credit education, budgeting, and credit advice may be included as part of this audit, upon request of the client. The Client will not be charged any additional fees for Company’s audit services after the initial payment. The company’s audit services are sold independently of any services regarding the Client’s credit standing or credit score.