The following Agreement governs your use of Classylia Credit. You acknowledge that you have read and understand this agreement by using Classylia Credit.

ELECTRONIC COMMUNICATIONS AGREEMENT

CONSENT TO ELECTRONIC COMMUNICATIONS

By clicking “I agree” and/or checking “I agree to receive these terms and other required disclosures electronically” and/or signing the loan contract, you consent and agree that:

• All communications and other information regarding your application, including but not limited to agreements, privacy notices, billing statements, changes in terms, adverse action notices, and any other information that is required by law (collectively, “Communications”), may be provided to you electronicly, including via our website or the email address(es) that you provided to us.
• By providing your consent, you are indicating that you agree to receive electronic communications pursuant to the Electronic Signatures in Global and National Commerce Act, and you and we intend that the statute be applied in full.
• You are electronically signing agreements and documents, which has the same effect as signing them by hand.
• You will make sure that you are able to access and retain any communication we send to you.
• Unless you have withdrawn your consent by following the process outlined below in “Withdrawing Consent,” this consent will apply to this transaction and to all future communications from Classylia.

You understand and acknowledge that, in order to access and retain Communications, you will need the following: 

• A computer or a mobile device connected to an internet connection.
• A web browser with 128-bit encryption with cookies enabled.
• A valid email address.
• Adequate storage space to save past communications or a means to print them.

WITHDRAWING CONSENT OR REQUESTING PAPER COPY

If you want to withdraw your consent to receive Communications electronically, you may contact us in writing at “Classylia.com 10 Four seasons place, Suite 1000, Toronto, M9B6H7.” In the event that you withdraw your consent, we may restrict your ability to use Classylia.

UPDATING EMAIL ADDRESS

If you wish to update the e-mail address to which Communications may be sent and at which you can be contacted electronically, you may do so at any time. You must notify us if your email address changes. If you wish to update your email address, please contact us at “Classylia.com,10 Four seasons place, Suite 1000, Toronto, M9B6H7”, or via our online tool.

CLASSYLIA.COM CREDIT TERMS AND CONDITIONS

In this Agreement, you will find the terms and conditions of your Classylia.com Credit Account. Please read this Agreement and keep a copy.

CERTAIN DEFINITIONS

Throughout this Agreement, the following terms are frequently used:

“Account” means the Classylia Credit account that is the subject of this Agreement.

“Agreement” means the Important Disclosures, Electronic Communications Agreement, Terms and Conditions, Terms of Service, Classylia Privacy Policy, and any amendment or addendum to any of the foregoing.

“Billing Cycle” means the time between the dates on which we prepare billing statements, or would have prepared them if statements were required under the “Billing Statements” section of this Agreement.

“Credit Line” means the dollar amount of credit available for you to borrow on this Account. The total balances of all types of transactions on the Account plus transactions which have been authorized but not yet posted to the Account (but not including unpaid Fees) may not exceed the Credit Line.

“Payment Due Date” means the date which will appear on each billing statement as the “Payment Due Date” for the Billing Cycle. The Payment Due Date will be on approximately the same day each month. We may change the Payment Due Date at our option, and will notify you if we do so.

“Purchases” are purchases of goods and services, not including returns and credits, for which we extend credit on the Account.

“We,” “us,” and “our” referred to Classylia.

The term “Classylia” refers to the lender of your Classylia.com Credit account.

“You” refers to the individual who may make purchases using this Account and who agrees to abide by the terms of this Agreement.

ACCEPTANCE OF THIS AGREEMENT

If you apply for an Account or accept an Account, or if you make a Purchase using your Account after receiving this Agreement, you agree to the terms of this Agreement.

INTEREST

We will not charge any interest if your account is in good standing. In order to remain in good standing, the Purchase balance must be paid in full by the due date.

FEES 

It is your responsibility to pay the following fees, if applicable. You agree that we may allocate any fee to your Purchases balance.

Application Fee. We charge an application fee to cover the cost associated with submitting your application for consideration. Our application fee is $25, or the equivalent in local currency. This fee is not refundable.

Late Payment Fee. If we do not receive the Payment Due by its Due Date, we will charge you a Late Payment Fee of up to $35.00, or the equivalent in local currency. If this happens again within the next six Billing Cycles, we will charge you a Late Payment Fee of up to $155.00, or the equivalent in local currency. However, the Late Payment Fee will not exceed $310, or the equivalent in local currency.

PAYMENTS TO YOUR ACCOUNT

All payments must be in U.S. dollars or in local currency, and drawn on your account at a certified financial institution, or your ‘my Cash’ account. 

All communications to us by you concerning disputed debts must be sent to “Classylia, Delphi Holistic Solutions Corporation, 10 Four seasons place, Suite 1000, Toronto, M9B6H7.” 

YOUR CREDIT LINE AND OTHER AGREEMENTS

Credit Line. Your credit request will be assessed at the time of application. You will be informed of the total amount of your credit line if we extend you credit. Your Credit Line will appear on your billing statement. Credit limits may be increased or reduced without giving you prior notice, even if you have made timely payments and the account is not in default.

Purchases may be charged to your Account. If you or someone else you have given permission to use your Account makes a Purchase, then you authorize us to charge your Account for the amount of the Purchase. 

We reserve the right to decline to authorize any charge, including suspected fraud and our assessment of your creditworthiness, even if the charge would not cause your Account balance to exceed your Credit Line and your Account is not in default. In the event that we cannot authorize a charge, we are not responsible for any losses you may suffer.

Fees may be charged to your account. In this Agreement, you authorize us to charge your Account for any fees, collection costs, and amounts that you agree to pay.

YOUR PERSONAL INFORMATION

Privacy Policy. Our collection and use of your personal information in connection with your account is governed by the Classylia Privacy Policy.

YOUR OBLIGATIONS

Commitment to Pay. You agree to repay to us all extensions of credit (including any and all Purchases) you have authorized us to charge to this Account and any fees as agreed in this Agreement.

Personal Financial Information. You agree to provide us with the personal financial information about you that we may reasonably request from time to time.

Collection Costs. It is your responsibility to pay all collection costs in accordance with this Agreement.

Your Contact Information. You agree to promptly notify us of any changes to your name, mailing address, email address, or telephone number. As part of this process, you agree to never provide us with false information or signatures, whether electronic or otherwise.

Age. You confirm that you are of legal age in the country or state in which you reside.

BILLING STATEMENTS AND CREDIT BALANCES

Billing Statements. As required by applicable law, we will provide a billing statement for each billing cycle. We will deliver electronic billing statements in accordance with your consent to the Electronic Communications Agreement.

Credit Balances. Upon request, we will refund any credit balance in excess of $1.00 to you in accordance with applicable regulations. As part of the refund process, you give us authorization to make the refund either (i) by check to the mailing address you provide on file, or (ii) by direct deposit to the bank account you provide on file or stated on any check you present to us for payment(s).

DEFAULT

You will be in default if you:

• Fail to make any payment when due;
• Violate, or are unwilling or unable to perform, any provision, obligation or other requirement applicable to you under this Agreement;
• Pass away or become incompetent;
• Supply us with any misleading, false, incomplete, or incorrect information or signature, or fail to supply us with any information we deem necessary;
• Become the subject of bankruptcy or insolvency proceedings;
• Default under any other loan, agreement, or account you have with us or any of our affiliates;
• Give us a payment returned unpaid by your bank or financial institution for any reason.

EFFECT OF DEFAULT

Our Rights. We may close your Account if you are in default, suspend your Account if you are in default, or require you to pay the full amount owed immediately. This may occur without prior notice, unless required by law. In the event that we exercise our rights, this Agreement will continue to apply to your Account.

Collection Costs. You agree to pay all costs of collection (including reasonable attorneys’ fees and expenses) if we take any action to collect this Account after default, and to the maximum amount permitted by applicable law, if permitted.

TERMINATION

If applicable law allows, we may terminate this Agreement or your Account at any time without notice for any reason. After termination, you will not be able to make new Purchases but you will still have to pay any remaining balance in full. All other provisions of this Agreement will remain in effect.

LIABILITY

Your Liability for Unauthorized Use/Lost or Stolen Account. If you become aware that your Account has been lost, stolen, or that an unauthorized use may have taken place, please contact us as soon as possible. 

AMENDMENT OF THIS AGREEMENT

This Agreement may be amended from time to time in any respect, and we will provide you with written notice if required by law. An amendment may change something in this Agreement, add something new, or take something out. Amendments will apply to outstanding balances and new Purchases, except as otherwise indicated in any written notice or as otherwise provided by applicable law. 

This Agreement, except when amended in accordance with this Agreement, is the final expression of the Agreement between us and may not be contradicted by evidence of any alleged oral agreement.

REMEDIES CUMULATIVE

Under this Agreement, our remedies are cumulative rather than alternative.

DELAY IN ENFORCEMENT

We can delay enforcing any of our rights under this Agreement without losing them. Any waiver by us of any provision of this Agreement will not be a waiver of the same or any other provision on any other occasion.

ASSIGNMENT

Without our prior written consent, you may not assign or transfer any rights or obligations under this Agreement. You agree that we may transfer or assign any or all of the rights or obligations under this Agreement without your consent.

CREDIT INVESTIGATION AND REPORTING

You authorize us and/or our service providers to make or have made any credit, employment, and investigative inquiries we deem appropriate related to your application for credit, this Account, and the collection of amounts owed on this Account. 

You agree and acknowledge that we have the right to get a credit report in connection with our review of your application for this Account and for an increase or decrease in the Credit Line and occasionally and routinely, during the term of this Account, we consider reasonably necessary to maintain and collect this Account. 

As part of this Agreement, you authorize us to answer any questions about our experience with you with respect to this Account and to report that experience to credit reporting agencies.

OUR COMMUNICATIONS

Notices and Customer Service. You may send written notices, correspondence, inquiries, and questions concerning your Account to us at Classylia, 10 Four seasons place, Suite 1000, Toronto, M9B6H7.

Consent to Communications. We may contact you in any means we deem appropriate for any lawful purpose (including debt collection or marketing), even during weekends or holidays. A variety of means of communication may be used, including but not limited to postal mail, telephone, email, text message, or other technologies, even if the contact is charged. 

We may contact you at any address (including any email or text message address), telephone number, or social media account, that you give us or from which you call us or that we have collected for you or we obtained through third parties, or collected by our own efforts. 

Monitoring and Recording. We may monitor, tape, or electronically record our telephone conversations with you, including calls with our customer service department, collection department, and other departments.

Emails. You agree to receive emails from us for any lawful purpose, including marketing. You may withdraw your consent to receive commercial emails from us at any time by clicking the “unsubscribe” link in the email we send you.

GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of 10 Four seasons place, Suite 1000, Toronto, ON, M9B6H7, Canada.

SEVERABILITY

Except as otherwise provided herein, if any provision of this Agreement is held to be invalid or unenforceable, such determination shall not affect the validity or enforceability of the remaining provisions of this Agreement.