All services and information made available to users by Collabria Financial Services Inc. (“Collabria”) on the following Collabria Websites are covered by these Terms of Use, unless otherwise provided in additional terms of use specific to certain services offered through such Websites:

• collabriafinancial.ca
• collabriacreditcards.ca

TERMS AND CONDITIONS

Please read these terms and conditions carefully.

By enrolling for, accessing and using the Collabria Websites and any pages contained in the Collabria Websites, you agree to be bound by the terms and conditions below. If you do not agree with the terms and conditions below, do not enroll for, access or use the Collabria Websites, or any pages contained in the Collabria Websites.

As a user of the Collabria Websites, you have to make sure you review the terms and conditions applying specifically to certain services provided on the Collabria Websites as they may contain variations to what is provided in these Terms of Use and create additional obligations for you.

DESCRIPTION OF SERVICES

Collabria currently provides users with a wide selection of online services through the Collabria Websites (hereinafter collectively referred to as the “ Service” or the “Services”) to which these Terms of Use apply.

Unless otherwise specified, any new feature that enhances or augments one or more existing Services, or any new Service launched by Collabria, will be subject to these Terms of Use.

You alone are responsible for paying the costs associated with the use of the Service, such as Internet connection charges or fees charged for connecting to networks that provide access to Internet content. As well, you are responsible for acquiring any equipment needed for such connections.

IDENTIFICATION AND PASSWORD

You are not required to identify yourself when making use of the Services, except when such identifying information is required to access the Collabria Websites’ transactional tools or credit card application forms.

The personal information we collect from you on our online credit card application depends on the product or service you requested, and is collected by Collabria in order to make a credit decision. We are also required by law to obtain, verify and record information that identifies each person who opens an account. Because of these requirements, we may ask you to provide any of the following:

• Personal information that will be used to identify and validate your identity;
• Employment information;
• Income; and
• Any other financial information that may be required to perform the credit adjudication process.

PRIVACY

All information submitted to Collabria via any Collabria Website shall be deemed and remain the property of Collabria, and Collabria shall be free to use, for any purpose, any ideas, concepts, know-how or techniques contained in information a visitor to the Collabria Websites provides Collabria. Collabria takes appropriate steps to protect your personal information from unauthorized use, loss or theft. Collabria makes your privacy a priority; please visit collabriafinancial.ca/privacypolicy for a copy of our full Privacy Policy.

Information from the Collabria Websites regarding Collabria products and services is intended for use in Canada only, in provinces where such products and services may lawfully be offered for use and/or sale, and neither use nor sale is intended where prohibited by law.

USE OF INFORMATION AND MATERIALS

The information and materials contained in these pages-and the terms, conditions and descriptions that appear-are subject to change. Your eligibility for particular Services is subject to final determination and acceptance by Collabria.

CHANGES MADE TO THE SERVICES

Collabria reserves the right to remove or relocate any content made available as part of the Services. This may be done for any reason, including lack of use or in situations where Collabria has good reason to believe that you have violated these Terms of Use.

Collabria may terminate your access to the Services in whole or in part in accordance with the terms and conditions applying to such Service, without advance notice of any kind. Collabria also reserves the right, at any time, to de-activate or delete with immediate effect any folder or any file within a folder, and/or to prohibit future access to such files or to any Service. In no event will Collabria be liable to you or to any third party for the termination of your access to any Service or Collabria Website.

FINANCIAL AND OTHER INFORMATION

All non-customized and generic financial information as well as the various product features and services posted on the Collabria Websites are provided for information only. This information originates from a variety of sources and is updated on a regular basis. Despite every effort to present information that is as up to date as possible, Collabria, its officers, managers, employees and agents are in no event responsible for the consequences of any inaccurate information or for any damage sustained as a result of using such information.

The Service is provided to you for information purposes only. Therefore, content disseminated in connection with the Service is not destined to be used in conducting transactions or making investment decisions. Collabria will not assume any responsibility for the content or the accuracy of all or part of the information transmitted in connection with the Service. Likewise, Collabria will not be responsible for investment orders or decisions based on such information.

WARRANTY

The information and materials contained in the Collabria Websites, including, without limitation, text, graphics, links or other items are provided “as is”, “as available”. Collabria does not warrant the quality, accuracy, adequacy or completeness of this information and materials and expressly disclaims liability for errors or omissions in this information and materials. No warranty of any kind, implied, express or statutory, including but not limited to the warranties on non-infringement of third party rights, merchantability, fitness for a particular purpose and freedom from computer virus, is given in conjunction with the information and materials.

No information or material, whether oral or written, obtained by you from Collabria or in the course of using the Collabria Websites may be construed as creating any warranty not expressly stipulated in the terms and conditions of the Collabria Websites.

LIMITATION OF LIABILITY

To the fullest extent permitted by law, in no event will Collabria be liable for any damages, including, without limitation, direct or indirect, special, incidental or consequential damages, losses or expenses arising in conjunction with the Collabria Websites or use thereof or inability to use the Collabria Websites by any party, or in conjunction with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if Collabria, or representatives thereof, are advised of the possibility of such damages, losses or expenses. Collabria is also not liable for such damages following unauthorized access to any Collabria Website by a user or the actions or conduct of third parties in the course of using any Collabria Website.

HYPERLINKS

Hyperlinks to other Internet resources are at your own risk; the content, accuracy, opinions expressed and other links provided by these resources are not investigated, verified, monitored or endorsed by Collabria. Collabria is not responsible for the availability of those hyperlinks, nor can it assume any responsibility for the content, links, advertising, products, services or other materials made available by or through such hyperlinks. Furthermore, Collabria is not liable for any loss or damage caused or alleged to be caused by, or arising in connection with, the use of or reliance on content of another site accessed through a hyperlink. Each partner financial institution of Collabria is solely and entirely responsible for, but not limited to, the information conveyed in the pages of its Internet site.

COPYRIGHT AND TRADEMARKS

All information on the Collabria Websites is protected by copyright. Users may only copy its content for their own personal use. No one may redistribute, reproduce, republish, store in any medium, retransmit or modify the information on the Collabria Websites for commercial purposes without the written authorization of Collabria, or make public use thereof without crediting the source.

All trademarks and logos (including certain names, words, titles, drawings, illustrations and icons) appearing on the Collabria Websites are trademarks or registered trademarks of Collabria or third parties. Any use of these trademarks is strictly forbidden without the owner s written authorization. Any unauthorized downloading, retransmission or other copying or modification of trademarks and/or Collabria Websites content may be a violation of federal or other laws applying to trademarks and/or copyrights and could subject the copier to legal action.

The Collabria Websites and any software or applications used in connection with the Collabria Websites may contain confidential information protected by existing intellectual property laws or other legislation. Content included on the Collabria Websites or in advertising and information made available to you as part of the Collabria Websites are protected by the laws applicable to copyright, trademarks and patents and by any other rights set forth in existing legislation, and are the intellectual property of Collabria, its licensors or the person recognized as the content supplier.

The Collabria Websites are protected by copyright legislation as a collective work or compilation as defined in Canadian and foreign laws.

Except as expressly authorized by Collabria, it is strictly prohibited to:

• copy, alter, rent, borrow, sell, distribute or create derivative works based in whole or in part on the content, the Collabria Websites or related software and applications;
• reverse engineer, disassemble or otherwise attempt to locate the source code (except as provided for by law) or to sell, assign, sub-license or transfer in any way the rights attached to the software and applications;
• modify the content or the software and applications in any way or to use modified versions of the software and applications in order to gain unauthorized access to the Collabria Websites or for other purposes not limited to this;
• access the Collabria Websites by any means other than the interface provided to you by Collabria for this purpose; or
• use the Collabria Websites or their content, in whole or in part, except as expressly fixed by these Terms of Use.

EMAILS

Collabria does not send unsolicited email messages to you, unless that information is part of the product you have requested. If you do not wish to receive emails regarding our Services or products, you may simply unsubscribe by clicking the “unsubscribe” button at the bottom of the email.

MISCELLANEOUS

Collabria can delay enforcing any of its rights under these Terms of Use or in connection with the Services without losing them. If any provision of these Terms of Use is deemed unenforceable, such will not make any other provision unenforceable. You may be subject to additional terms of use specific to certain services (from Collabria or third parties), third party content and third party software that will be disclosed to you once you access such services, content or software.

GOVERNING LAW

The Collabria Websites shall be governed by and construed in accordance with the internal laws of the province of Ontario and all disputes, controversies or claims arising out of or in connection with the Services shall be submitted and subject to the jurisdiction of the courts of the province of Ontario.