The following terms and conditions of service (these "Terms and Conditions") govern your access to and use of the InfoDefender benefits ("Benefits").
InfoDefender™ product benefits are provided by Sontiq™, a TransUnion® company. "We", "Our" or "Us" refer to Sontiq Inc.
Introduction
Welcome to InfoDefender website. This website is operated by Sontiq, Inc, a TransUnion company. This Terms of Use (“Agreement”) governs your use of InfoDefender website and your use of any interactive features, widgets, plug-ins, mobile applications (the “App”), content and downloads. The Agreement contains the terms and conditions upon which you (“you” or the “member”) may access the Site.
Privacy Notice
We take data protection very seriously. We take all reasonable steps to ensure that your personal information (“data”) is secure and processed in accordance with all applicable data protection laws and regulations.
By using the Site, you acknowledge and accept the Site’s Privacy Notice and consent to the collection and use of your data in accordance with the Privacy Notice. Each time you access and/or use the Site (other than to simply read this Agreement), you agree to be bound by and comply with the Agreement and any Additional Terms (defined below) then posted. Therefore, do not use the Site if you do not agree.
Your Subscription fees, as indicated in Your Welcome Communication or as subsequently updated by InfoDefender on notice to You ("Fees"), will be charged to the pre-authorized method of payment on file in advance monthly. If you do not have a pre-authorized method of payment on file, an invoice will be sent to you. To ensure uninterrupted service, Your Subscription will automatically renew until You cancel. You will be charged at the then current rate on the renewal date.
The benefits of your membership may be suspended until payment is received. If payment is not received within thirty (30) days, your membership may be cancelled. You agree that InfoDefender will not be liable to you or any third party for termination of your membership or access to the Site.
Subscription Term & Termination
Your subscription will commence as of the date you receive Your InfoDefender Welcome Email. Your subscription will continue in full force for the length of the term you specifically purchased or on a month-to-month term until such time as you cancel the subscription as further explained below (the “Subscription Term”). If You are not completely satisfied with Your Subscription, you may cancel at any time by telephone at (866) 322-0497 or email at support@infodefender.ca and Your Subscription fees will be stopped. Cancellation will be effective as of the last day of the current billing cycle or 30 days after the notification is received, whichever is earlier.
InfoDefender will have the right, upon written notice to you, to terminate this Agreement, and suspend your access to your subscription, if: (a) you fail to pay InfoDefender any amount due to InfoDefender under this Agreement; and/or (b) you materially breach any term or condition of this Agreement. InfoDefender shall have the right to terminate this Agreement and suspend your access to your subscription with or without cause, upon thirty (30) days written notice to you in which case you will no longer be charged for access to the subscription. Upon the expiration or termination of this Agreement for any reason, your access to, and use of, your subscription will terminate.
Free Trials/Promotional Offerings
InfoDefender may offer promotional trial subscriptions for free for a limited time or at special discounted prices. If you sign up for a trial use, your rights to use the Site are limited by the terms of such trial and will terminate or renew on the terms of your trial arrangement and/or any applicable Additional Terms.
Once your free trial ends, InfoDefender will begin billing your designated payment method on a recurring basis for your subscription (plus any applicable taxes) for as long as your subscription continues, unless you cancel your subscription prior to the end of your free trial period. Instructions for cancelling your membership subscription are described below.
Cancellation of Membership
A member will have the right to cancel membership at any time upon notice to InfoDefender.
You can cancel by phone at (866) 322-0497 or by email at support@infodefender.ca
General
To purchase any products or services, you must be at least eighteen (18) years of age. All prices displayed are quoted in Canadian dollars. For any product or service (including subscriptions) that you order, you agree to pay the price applicable (including any sales taxes and surcharges) as of the time you submit the order. InfoDefender will automatically bill your credit card or other form of payment submitted as part of the order process for such price.
InfoDefender reserves the right to modify these Terms and Conditions from time to time in accordance with applicable laws. InfoDefender also reserves the right to modify the Benefits included in Your Subscription as well as associated pricing. InfoDefender reserves the right to subcontract any of the Benefits and services included in Your Subscription to a third-party service provider. This agreement (as may be amended from time to time) constitutes Our entire agreement with You.
In order to enroll in, register for and receive one or more services or memberships, you must provide the full and accurate personal information that is required for the applicable services, which may include without limitation, your name, address, telephone number, email address, date of birth, driver’s license number and other personal information to verify your identity, as well as financial information such as your credit card number. You agree to keep all personal information updated and accurate.In the event we do not receive all the required personal information during your Enrollment Process, you agree that we may, in our sole discretion, use our database, the database of our affiliates, or other resources to attempt to complete the required personal information on your behalf. If we are unable to obtain the required personal information or you fail to authenticate your identity as may be required, the services for which you have enrolled or registered from us may be limited. Upon completion of the Enrollment Process, you will become eligible to receive the services for which you have enrolled or registered.
You represent that you are a natural person over eighteen (18) years of age, that your access to or use of the site does not violate applicable laws, and that you agree with all the terms of this agreement. Further, if you enroll and use our identity theft protection programs, you also represent and warrant that you have provided accurate personal information, and that you shall only use such service in connection with your personal account.
You may not use the Site or any Content in a manner which is prohibited by this Agreement. You agree to use the Site legally and not to:
Violate this Agreement or any Additional Terms.
Our site, including all content, memberships, membership packages, subscriptions, products and services made available on or accessed through this site, is provided to you “as is”. Except to the extent expressly stated herein, to the fullest extent permissible under applicable law, neither InfoDefender nor its partners make any representations or warranties of any kind whatsoever as to the content, memberships, products or services available on or accessed through the site or the use thereof in terms of their completeness, correctness, accuracy, adequacy, usefulness, timeliness, reliability, freedom from computer virus or otherwise or and warranties arising from course of dealing or course of performance; that you will have continuous, uninterrupted or secure access to our site, memberships, products or services; that our site, memberships, products or services will be error free; that defects will be corrected, that this site or the server that makes the site available are free of viruses or other harmful components or that there will be no unauthorized access to your personal information. In addition, except for the limited warranty expressly set forth in this agreement under the section entitled “limited warranty”, InfoDefender and its partners expressly disclaim all express or implied warranties, including, without limitation, as to title, merchantability, fitness for a particular purpose, non-infringement and informational content. Therefore, you agree that your access to and use of our site, memberships, products, services and content are at your own risk.
The entire risk arising out of the use of the site, the use of any products and/or services offered on or in connection with the site and/or the use of any content remains with you. By using our site, you acknowledge and agree that neither InfoDefender nor its partners have any liability to you (whether based in contract, tort, strict liability or otherwise) for any direct, indirect, incidental, consequential or special damages (which shall include, without limitation, damages for loss of business, loss of profits, business interruption, loss of business information, or other pecuniary loss) arising out of or in any way connected with your access to or use of our site, content, memberships, products or services (even if we have been advised of the possibility of such damages), including liability associated with any viruses which may infect your computer equipment.
In no event shall InfoDefender be liable for any loss or damages arising out of InfoDefender’s performance or non-performance of its services or any delay in providing services nor shall InfoDefender have any additional liability to you except as stated herein.
You understand that we only monitor your personal information within our network using certain proprietary technologies and database information owned by or under license to us, but not all transactions, including those that might entail the potentially fraudulent use of a customer’s information, may be monitored and the scope of the network utilized by us to provide alerts may change. You also understand and agree that it may take up to four (4) weeks from the date you accept these service terms and complete the enrollment process for all of the services to be fully activated.
These limitations will apply notwithstanding any failure of essential purpose of any limited remedy. Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you.
In no event shall the liability of InfoDefender exceed the fees you paid for the services in the preceding twelve (12) months.
You agree to, and you hereby, defend, indemnify, and hold harmless InfoDefender, its parents, subsidiaries, affiliates, successors or assigns, and their directors, officers, employees, agents, representatives and third-party service providers from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest, and expenses (including attorneys’ fees) that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding made or brought against InfoDefender, arising out of or in connection with: (i) your use of the Site and your activities in connection with the Site; or (ii) your breach or alleged breach of this Agreement or any Additional Terms; (iii) your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities in connection with your use of the Site or your activities in connection with the Site; (iv) information or material transmitted through your Device, even if not submitted by you, that infringes, violates, or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity; (v) any misrepresentation made by you; and (vi) InfoDefender’s use of the information that you submit to us (all of the foregoing, “Claims and Losses”). You will cooperate as fully required by InfoDefender in the defense of any Claim and Losses. Notwithstanding the foregoing, InfoDefender retains the exclusive right to settle, compromise, and pay any and all Claims and Losses. InfoDefender reserves the right to assume the exclusive defense and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of InfoDefender.
The identity theft insurance benefit for members is underwritten and administered by any one of the following insurance carriers depending upon your program: AIG®, Assurant, or Hamilton Insurance DAC and/or its affiliates. Coverage is provided under a master group policy issued in the name of Sontiq, Inc. for the benefit of members. A summary of the terms of coverage are set forth on your InfoDefender account dashboard under the “Support” tab. Details identifying your applicable insurance carrier and other policy information can be found there. The complete policy is available from Sontiq on request. Sontiq’s insurance carrier administers all claims and Sontiq shall have no responsibility with respect to such identify theft benefit. Identity Theft Restoration services are provided by Sontiq.
If you decide to register on our Site, become a member of one of our membership programs, purchase our products or services or participate in our partner programs, contests or surveys, you may be required to register, provide personal information, and select a username and password. If you register for any feature that requires a password and/or username, then you will select your own password at the time of registration (or we may send you an e-mail notification with a randomly generated initial password) and you agree that: (i) You will not use a username (or e-mail address) that is already being used by someone else, may impersonate another person, belongs to another person, violates the intellectual property or other right of any person or entity, or is offensive. We may reject the use of any password, username, or e-mail address for any other reason in our sole discretion; (ii) You will provide true, accurate, current, and complete registration information about yourself in connection with the registration process and, as permitted, to maintain and update it continuously and promptly to keep it accurate, current, and complete; (iii) You are solely responsible for all activities that occur under your account, password, and username – whether or not you authorized the activity; (iv) You are solely responsible for maintaining the confidentiality of your password and for restricting access to your Device so that others may not access any password protected portion of the Site using your name, username, or password; (v) You will immediately notify us of any unauthorized use of your account, password, or username, or any other breach of security; and (vi) You will not sell, transfer, or assign your account or any account rights.
We will not be liable for any loss or damage (of any kind and under any legal theory) to you or any third party arising from your inability or failure for any reason to comply with any of the foregoing obligations.
If any information that you provide, or if we have reasonable grounds to suspect that any information that you provide, is false, inaccurate, outdated, incomplete, or violates this Agreement, any Additional Terms, or any applicable law, then we may suspend or terminate your account. We also reserve the more general and broad right to terminate your account or suspend or otherwise deny you access to it or its benefits – all in our sole discretion, for any reason, and without advance notice or liability.
While Sontiq takes reasonable measures to safeguard and to protect unauthorized access to your personal information, we cannot be responsible for the acts of those who gain unauthorized access, and we make no warranty, express or implied, that we will prevent unauthorized access to your private information.
This agreement and conditions under which we offer the site may prospectively be modified and we may cease offering the site under the agreement or additional terms for which they were previously offered. Accordingly, each time you sign in to or otherwise use the site you are entering into a new agreement with us on the then applicable agreement and conditions and you agree that we may notify you of other agreements by posting them on the site (or in any other reasonable manner of notice which we elect), and that your use of the site after such notice constitutes your going forward agreement to the other agreement for your new use and transactions. Therefore, you should review the posted terms of use and any applicable additional terms each time you use the site. The additional terms will be effective as to new use and transactions as of the time that we post them, or such later date as may be specified in them or in other notice to you. However, the agreement (and any applicable additional terms) that applied when you previously used the site will continue to apply to such prior use (i.e., changes and additions are prospective only) unless mutually agreed. In the event any notice to you of new, revised or additional terms is determined by a tribunal to be insufficient, the prior agreement shall continue until sufficient notice to establish a new agreement occurs. You can reject any new, revised or additional terms by discontinuing use of the site and related services.