Digital Lending Service Terms of Use

Acceptance

By using the Kindred Digital Lending Service software made accessible by this Kindred Website (the "DLS"), you agree to both these terms and conditions and the terms and conditions of the Kindred Privacy Policy which are incorporated herein by reference (collectively, the “Terms of Use”). These Terms of Use also apply to future updates or supplements to the DLS or DLS software, unless those updates or supplements explicitly provide otherwise. If you do not agree to any of these Terms of Use, please do not use the DLS. These Terms of Use apply to all users of the DLS. If you complete a Credit Application using the DLS, additional terms and conditions will supplement these Terms of Use.

DLS Access

Kindred Credit Union Limited (“Kindred”) hereby grants you permission to use the DLS in accordance with these Terms of Use, provided that:

1. you either live, work, or own property (or be in the process of acquiring property) in the Province of Ontario;
2. you are at least 18 years of age;
3. you either currently own a $25.00 Member Share in Kindred or intend to purchase one before Kindred commences to provide any financial services to you;
4. your use of the DLS is solely for your personal use;
5. you will not copy or distribute any part of the DLS in any medium or manner inconsistent with these Terms of Use without Kindred's prior written consent;
6. you will not alter or modify any part of the DLS other than as may be reasonably necessary to use the DLS for its intended purpose; and
7. you will otherwise comply with these Terms of Use.

In order to access some features of the DLS, you may be required to create an account (an “Account”). You may never use another's account without permission. When creating your Account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your Account, and you must keep your Account password secure. You must notify Kindred immediately of any breach of security or unauthorized use of your Account. Although will not be liable for your losses caused by any unauthorized use of your Account, you may be liable for the losses of Kindred or others due to such unauthorized use.

You acknowledge being advised by Kindred that ordinary internet transmissions and email communications are never completely private or secure; they may be read or intercepted by others. You acknowledge being advised by Kindred to exclusively communicate with Kindred by telephone or through an Account (as described above), or through an existing internet banking software application made accessible to you by Kindred. You acknowledge that, should you elect to submit to Kindred a Credit Application through the DLS, Kindred will require you and the Joint Applicant (separately, if applicable) to complete, electronically sign, and submit to Kindred an electronic Credit Application through secure links that will be provided to you and the Joint Applicant. You and the Joint Applicant agree to jointly and severally release Kindred from any and all liability for any losses you and/or the Joint Applicant may suffer as a result of a third party obtaining access to or collecting any personal and confidential information you transmit to Kindred because either or both of you used a method of communication other than a method authorized by Kindred pursuant to the provisions of these Terms of Use.

Kindred makes no warranty concerning the functionality of the DLS software on any individual computer and expressly disclaims any and all liability for any problem which may be caused to your computer or damage of any kind incurred by you resulting from your use of the DLS software. You hereby waive any legal or equitable rights or remedies you may have against DLS with respect to your use thereof.

Termination of DLS Access

Kindred may suspend or terminate your license to use the DLS immediately by a notice given to you using any contact information noted in its records and any means permitted by law if:

1. After becoming a Member of Kindred, you cease to be a Member in good standing of Kindred;
2. You commit a breach of a provision of these Terms of Use, as determined by Kindred, in its unfettered discretion, or reasonably suspects that a breach has occurred or is imminent;
3. A default has occurred under the terms of any loan agreement between you and Kindred;
4. Kindred considers that such suspension or termination is necessary to protect the integrity or security of any of its information systems at any time;
5. Kindred forms the opinion that you are unable to pay your debts as they become due or have no reasonable prospect of so doing; or
6. You make an assignment into bankruptcy or become the subject of a bankruptcy petition or order.

If Kindred suspends or terminates your license to use the DLS, all of your rights to use the DLS shall immediately cease, and you agree to cease all activities involving the use of the DLS.

Termination or suspension of a license to access the DLS shall not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of suspension or termination, including the right to claim damages in respect of any breach of the provisions of these Terms of Use that existed at or before the date of suspension or termination.

Intellectual Property Rights

The content of the DLS, including the text, software, scripts, graphics, photos, sounds, music, videos, and interactive features ("Content") and the trademarks, trade names, service marks and logos contained therein ("Marks"), are owned by or licensed to Kindred, subject to copyright and other intellectual property rights under Canadian law and international conventions. DLS content is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without prior written consent and/or payment of the applicable licence fee to the owners. Kindred reserves all rights not expressly granted in and to the DLS and the Content. You agree not to engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of the content of third parties obtained through the DLS software. You agree not to circumvent, disable or otherwise interfere with security related features of the DLS software or features that prevent or restrict use or copying of any Content or enforce limitations on use of the DLS software or the Content therein.

Third Party Websites

The DLS software may contain links to third party websites that are not owned or controlled by Kindred and Kindred assumes no responsibility for these third party websites. By using the DLS, you expressly discharge Kindred from any and all liability arising from your use of any third-party website.

Warranty and Indemnity

You agree that your use of the DLS is at your sole risk. Kindred makes no warranty concerning bugs, viruses, Trojan horses or similar problems which may be transmitted to or through the DLS by any third party, or concerning damage of any kind incurred resulting from use of the DLS. Kindred does not endorse and is not responsible for any product or service advertised or offered by a third party through the DLS or any hyper-linked website. In no event shall Kindred, its officers, directors, employees or agents be liable to you for any direct, indirect, incidental, special, punitive or consequential damages resulting from any claim, injury or damage incurred by you from your use of the DLS, Content or DLS software. You agree to defend, indemnify and hold harmless Kindred its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees) arising from:

1. your use of and access to the DLS;
2. your violation of any aspect of these Terms of Use; or
3. your violation of any third party right, including without limitation any copyright, property, or privacy right.

This defence and indemnification obligation, as well as the release set out under the DLS Access heading, will survive the termination of the effective period of these Terms of Use and the final termination of your use of the DLS.

General

You confirm that you are at least 18 years of age and have the legal capacity to enter into the terms, conditions, obligations, representations, and warranties described in these Terms of Use, and to abide by and comply with them.

You agree that the DLS shall be deemed solely based in Ontario, Canada and that these Terms of Use shall be governed by the laws of the Province of Ontario, Canada, whose courts shall have exclusive jurisdiction. You agree that any cause of action in relation to your use of the DLS must be commenced within one (1) year after the event giving rise to the cause of action occurs, or such cause of action is permanently barred.

Revisions to these Terms of Use

You agree that Kindred may unilaterally revise these Terms of Use at any time, and that your use of the DLA at any time following the date revisions are posted to Kindred’s website is conclusive evidence of your agreement to be bound by said revisions. You agree to check the Kindred website from time to time for revisions to these Terms of Use. 

LS-27040 (2020/12)