Application Terms and Conditions

In this Application Terms and Conditions, we will use the terms “we,” “us,” “our,” and “MDG” (whether or not capitalized) to describe MDG Computers Canada Inc. and MDG Financial Inc. (collectively, “MDG”). The words “you,” “your” or “buyer” (whether or not capitalized) refers to the credit applicant.

You certify the information you have provided is true, accurate, current and complete. You understand and agree that we will conduct a credit review based on the information you have provided and information we have collected from other sources, including credit reporting agencies. You represent and warrant that you are 18 years of age or older; you have authority to provide the information to us; the information you provide does not infringe or violate any privacy rights of any third party.

When you provide information to MDG in connection with its products or services, you agree to provide only true, accurate, current and complete information about yourself, and you agree not to misrepresent your identity or your account information. You further agree to keep your account information and contact information up to date and accurate, and to promptly notify us of any changes to such information.

By applying through MDG website(s), you authorize MDG, directly or through third parties, to make any inquiries we consider necessary to validate your identity and to collect information about you in accordance with our Privacy Policy.This may include asking you for further information that will allow us to reasonably identify you, requiring you to take steps to confirm ownership of your email address or financial accounts, or verifying your information against third party databases or through other sources. We may also ask you for identifying documents to help us validate your identity. MDG reserves the right to close, suspend, or limit access to your account and/or the services in the event we are unable to obtain or verify this information. Notwithstanding any of the terms hereof, MDG shall be under no obligation to extend credit or provide product or services to you.

Your Authorization to Us Obtaining Your Credit Information and Basic Credit Monitoring Service Enrollment

You agree and consent to be enrolled in Basic Credit Monitoring – see the Basic Credit Monitoring terms here. The Basic Credit Monitoring service performs soft inquiries to your credit file with consumer reporting agencies, provides a free credit score from one or more of the major credit bureaus, matches you with MDG products and offers, and checks if you are eligible for these products. You agree that you are providing us with written instructions to request, receive, and use, copies of credit reports, credit scores, and other information about you from third parties, including without limit, credit reporting agencies. You also agree that you understand that your instructions allow us to obtain such information at any time for so long as you are enrolled in Basic Credit Monitoring (you may cancel the service at any time). You also agree that we may do this even if you do not have an active credit account (“Credit Account”) with us. Without limiting the foregoing, you agree and confirm that you understand that MDG may obtain and use your credit information to: (a) provide you with your free credit score from one or more of the major credit bureaus as part of the Basic Credit Monitoring Service, AND (b) match you with MDG products and offers you might like, and check if you are eligible for these products.

You hereby consent to and authorize MDG (and/or its agents or assigns) to collect, retain, use and disclose any and all personal information required to conduct credit investigations and inquiries for the purpose of assessing whether you are eligible for credit from MDG now and throughout the duration of the agreement(s) between you and MDG as well as for purposes of maintaining the integrity of the credit records. For this purpose, MDG may collect credit related information from you and any credit reporting agency, bank, and/or any other institution that has information that is reasonably related to your credit worthiness. You further consent to MDG disclosing to and exchanging with any credit reporting agency the appropriate and required credit information to monitor and assess your credit worthiness as well as to maintain the integrity of the credit records relating to you. This consent to collect, retain and use personal information about you will be valid until you no longer conduct business with us, we have closed your Credit Account(s), if applicable, and we are no longer providing any services to you.  

You understand that a soft inquiry is used to determine pre-qualified credit terms. After you have been pre-qualified, you will need to provide additional information to us before your product(s) is invoiced or, money is advanced to you. Such additional information may include, for example, bank statements, employment information and confirmation of identifying documents.

In each case, you expressly authorize us to use such consumer reports

about you, and information derived therefrom, in connection with, and not limited to:

(i) your Credit Account, including determining your eligibility, servicing or maintaining your account, verifying your identity, verifying information you provide to MDG, and for collecting any amount you owe us or any of our respective successors or assigns;

(ii) marketing, including pre-qualifications and other forms of marketing, for products that may be provided by us and any other service we offer or you obtain from us through the MDG services;

(iii) our internal use, including statistical analyses and to develop, improve, analyze, study, and maintain products and services we may offer through the MDG services; and

(iv) providing you with information or MDG services, including information about your credit profile and to deliver services upon your request (such as Basic Credit Monitoring).

You may withdraw your consent to be enrolled in Basic Credit Monitoring at any time by calling MDG Computers Canada Inc. at 1-800-906-0976 ext. 352, or MDG Financial Inc. at 1-800-431-6819,  writing to us at: MDG 2940 Bristol Circle, Oakville, ON L6H 6G4. We will terminate your enrollment in Basic Credit Monitoring after we receive your request, and in any event, no later than 10 business days  from the receipt of your request. Once we terminate your enrollment in Basic Credit Monitoring, you will no longer have access to the Basic Credit Monitoring service.

Credit Account Credit Reporting

You understand that MDG may report information about your Credit Account (such as on-time, late, and missed payments; any defaults; and the fact you paid off your credit) to consumer reporting agencies, and that such information may be reflected in your credit report or other consumer reports about you.

Servicing and Collection

You agree to allow MDG to send you payment reminders from time-to-time. Notwithstanding whether you have consented or withdrawn your consent to the Consent Statement (Consent To Electronic Transactions and Disclosures), you agree that payment reminders may take the form of any available communication, subject to applicable law. You also agree that if you fail to pay an amount owed to MDG pursuant to any agreement you have with us, MDG may engage in collection efforts to recover such amounts from you. These collection efforts may involve contacting you directly, submitting your information to a collection agency, or taking legal action. FAILURE TO PAY MAY AFFECT YOUR CREDIT SCORE.

Communication and Notification

You are consenting to and agree that MDG may provide you communications about your account and any of its products and/or services electronically, including via e-mail, or through phone calls or in writing to any contact information we have on file for you. Standard mobile, message, or data rates may apply and you are responsible for any such fees. MDG reserves the right to close or limit access to your account or a service and immediately collect all due amounts if you revoke access to any third party site on which the MDG service relies or if any such service should revoke or cancel your account on that site. Any electronic communications will be considered to be received by you at the time we email it to you or otherwise send it to your attention (such as via sms or other online or mobile notification). We may assume you have received any communications sent to you by postal mail 3 business days after we send it. If we need to contact you to service your account or to collect amounts you owe to us, you give direct consent to us, as well as servicers, agents, contractors and collectors of your account, to communicate with you in any way, such as calling, texting, or email via:

• a mobile phone or landline you provide to us, use to contact us, or at which we believe we can reach you (even if it is not yours),
• any email address you provide to us, or our service providers,
• automated dialer systems and automatic telephone dialing systems,
• pre-recorded or artificial voice messages and other forms of communications.

You also agree that these communications are not unsolicited for purposes of any provincial or federal law, and you understand that this may result in additional mobile, text message, or data charges.

You understand and agree that MDG may monitor or record telephone conversations you or anyone acting on your behalf has with MDG or its agents for quality control and training purposes or for its own protection. You acknowledge and understand that, while your communications with MDG may be overheard, monitored, or recorded without further notice or warning, not all telephone lines or calls may be recorded by MDG, and MDG does not guarantee that recordings of any particular telephone calls will be retained or retrievable.

Notwithstanding this provision, MDG's delivery of any disclosures governed by the Consent Statement shall be governed by your consent or withdrawal of consent to receiving such disclosures in electronic form.

If you grant express permission to a third party to take specific actions on your behalf, or access particular information about your account, either through your use of the third party's product or service or through your MDG account, you acknowledge that MDG may disclose the information about your account that is authorized by you to this third party. You also acknowledge that granting permission to a third party to take specific actions on your behalf does not relieve you of any of your responsibilities under our agreements. Further, you acknowledge and agree that you will not hold MDG responsible for, and will indemnify MDG from, any liability arising from the actions or inactions of this third party in connection with the permissions you grant.

Time Limitation on Claims

You and MDG or any subsequent holder, both agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this Application Terms and Conditions must be filed within ONE (1) YEAR after such claim or cause of action arose or forever be barred.

Terms Drawn Up in English

It is the express wish of the parties that these Application Terms and Conditions and any directly or indirectly related documents be drawn up in English. Les parties ont exprimés la volonté expresse que les présentes modalités et tous les documents s'y rattachant directement ou indirectement soient rédigés en anglais.

GOVERNING LAW

These Application Terms and Conditions are governed by the laws of the jurisdiction you reside and the laws of Canada applicable therein. You agree that the courts of the Province of Ontario will have exclusive jurisdiction to entertain any action arising under these Application Terms and Conditions. These Application Terms and Conditions do not modify any other agreement you may have with MDG. If there is a conflict between any other agreement with MDG and these Application Terms and Conditions, these Application Terms and Conditions shall govern for the purposes of the Credit Application and Basic Credit Monitoring.