TERMS OF SERVICE
By Using Our Site, and/or our Service, You Accept to be bound by These Terms of Service for as long as you use this Site or Service. Even mere clicking onto the website pages constitutes your acceptance of these Terms of Service independent of the fact that you have completed a transaction with Kredium through this website or in another manner including but not limited to by phone, by email or facsimile.In order to make the personal data processing transparent, we have made available this Privacy Policy which provides relevant information on our data processing activities, the security of your personal data and rights of data subjects, all in connection with data processing for the purpose of providing you with our services.
Please read these Terms of Service carefully and ensure that you understand them before using Our Site, and/or our Service. These Terms of Service, together with any other documents referred to herein, set out the Terms of Service governing your use of this mortgage brokerage service offered via https://www.kredium.com/ (the ‘Service’) and your use of this website (“Our Site”). It is recommended that you print a copy of these Terms of Service for your future reference.
These Terms of Service were last updated on December 22nd, 2021.
Your agreement to comply with these Terms of Service is indicated by your use of Our Site and Service. If you do not agree to these Terms of Service, you must stop using Our Site and our Service immediately.
The following documents also apply to your use of Our Site/Services:
In these Terms of Service, unless the context otherwise requires, the following expressions have the following meanings:
1. Definitions and Interpretation
1.1 In these Terms of Service, unless the context otherwise requires, the following expressions have the following meanings:
“Account” means an account required for you to access and use the Services, as detailed in Clause 3 (Account);
“Lender” means a financial institution or organization that loans out money for real estate purchases.
“Content” means any and all text, images, audio, video, scripts, code, software, databases, and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site and/or Service;
“Service” means mortgage brokerage services offered via kredium.com
“User Content” means any and all information, data or other content you input, extract, collect, download or transfer or otherwise make available on the Site and by using Services including but not limited to submissions (comments, improvements, suggestions and ideas regarding the Site and/or Service) and testimonials (statement, image, likeness).
“We/Us/Our” means Kredium as referred to in the clause 2 (Information About Us).
2. Information About Us
2.1 Our Site is operated, and Services are provided by Kredium. We are a corporation organized and existing under the laws of the State of Delaware, registered at 3500 S DuPont Hwy, Dover DE, 19901 under file number 6018194.
2.2 Our principal office and mailing address is at 2020 Silver Creek Rd B109, Bullhead City, AZ 86442. We also have an office at 902 Broadway, Floor 6, New York, NY 10010.
2.3 Our EIN number is 87-1466315
2.4 We own subsidiaries in countries other than the United States of America. Please note that these subsidiaries may offer mortgage services in accordance with their local laws and terms of service.
3. Account
3.1 The Service requires an Account in order to access it. You may not create an Account if you are under eighteen (18) years of age.
3.2 By using the Service as an individual, you warrant that you are at least 18 years of age, and may legally enter into a binding contract with Kredium. Kredium cannot be held responsible for any misrepresentation of your age. You further warrant that you are not prohibited from using the Service under any applicable jurisdiction.
3.3 When creating an Account, the information you provide must be accurate and complete. If any of your information changes at a later date, it is your responsibility to ensure that your Account is kept up-to-date.
3.4 It is recommended that you choose a strong password for your Account. Kredium may impose additional password requirements. It is your responsibility to keep your password safe. You must not share or disclose your Account with anyone else. If you believe your Account is being used without your permission, please contact Us immediately at info@kredium.com. You are fully and solely responsible and liable for all activities that occur under your Account and all damages and claims that may arise from any access to or use of this Site and Service that are result of an unauthorized access that may occur after we have been notified by You that your credentials are corrupted, stolen, lost or otherwise misused. Kredium will not be liable for any unauthorised use of your Account.
3.5 Any personal information provided in your Account will be collected, used, and held in accordance with your rights and Kredium’s obligations under the law, as set out in Clause 18 (Personal Information).
3.6 If you wish to close your Account, you may do so at any time. Closing your Account will result in the removal of your information. Closing your Account will also remove access to any of the Services.
4. Access, use and restrictions.
4.1 It is your responsibility to make the arrangements necessary in order to access Our Site and use our Services.
4.2 You may not use the Site or Service or accept this Agreement; if you are not of legal age to form a binding contract with Kredium and/or you are prohibited by law from receiving or using the Service.
4.3 You acknowledge that these Terms of Service constitute a legally binding agreement between you and Kredium and shall be enforceable against you.
4.4 You shall be fully bound by these Terms of Service when using our Site and/or Service as they appear on the Site each time you access and use the Site and/or Service.
4.5 You shall only transact business with Kredium if you are at least 18 years old.
4.6 Access to Our Site and Services is provided on an “as is” and on an “as available” basis. To the extent permitted by applicable law, Kredium disclaims all warranties express or implied, including but not limited to all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. Kredium does not guarantee that this Site and/or Service will be available, uninterrupted, error free or free from viruses or other harmful components, timely, secure, accurate and Kredium is under no obligation to maintain the accuracy of this Site and any portion of the Service.
4.7 You acknowledge that Kredium is not and shall not be responsible for the results of any defects that may exist within this Site and/or Service and that it shall have no obligation to repair defects with this Site and/or Service. You shall bear all costs for servicing, repair, correction or restoration that may be necessary for your data, software programs or computer equipment due to any viruses, errors or other issues you may have while using the Site and/or Service.
4.8 Subject to limitations set out in these Terms, Kredium grants you a revocable, non- exclusive and non-transferable limited right to access and use the certain parts of the Services but only for your personal, non-commercial use as a bona fide client of Kredium and not for any use on behalf of any third party.
4.9 Subject to limitations set out in this Terms you shall not use this Site and/or Service in a way that:
a) is unlawful and prohibited or in a way that can harm individuals or their property.
b) transmits any unsolicited emails, or other commercial communications, schemes, spam, flooding, advertisements or solicitations of any other type including but not limited to solicitation for any mortgage brokerage or other commercial and promotional transactions.
c) breaches or induces a breach of any contractual relationship between Kredium, its employees, agents or independent contractors.
d) harvests email addresses from this Site.
e) suggests an express or implied affiliation with Kredium or relationship with Kredium (without the express written permission of Kredium).
f) manipulates the results of any Internet search engine by using any methods, means or devices to click onto this Site, or for any other purpose contrary to the purpose of using mortgage services as a bona fide client of Kredium,
g) unlawfully impersonates or otherwise misrepresents your affiliation with any person or entity.
h) is harmful to minors including but not limited to transmitting or uploading pornographic content or any other content that violates laws against child pornography, child sexual exploitation and laws prohibiting the depiction of minors engaged in sexual conduct.
i) transmits or uploads content that is pornographic, violent, obscene, sexually explicit, discriminatory, hateful, threatening, abusive, defamatory, offensive, harassing or otherwise objectionable content.
j) that "crawls," "scrapes," or "spiders," any page, data or portion of or relating to the Site or Services (through use of manual or automated means);
k) that copies or stores any significant portion of the Web Page Content (defined below);
l) that harms, threatens, harasses, abuses or intimidates another person in any way or involves images or content that depicts, promotes, encourages, indicates, advocates or tends to incite the commission of a crime or other unlawful activities;
m) that dilutes or depreciates the name and reputation of Kredium or any of its affiliates.
n) that unlawfully transmits or uploads any confidential, proprietary or trade secret information.
4.10 Unless otherwise set out in these Terms, you undertake and warrant that you shall not:
a) to the extent permitted by the applicable law, (attempt to) copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Site and/or Services in any form or media or by any means, save as may be expressly permitted under these Terms, or
b) except to the extent such restriction is prohibited under the applicable law (attempt to) reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Site and/or Services; or
c) sell, rent, lease, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make use of the Site and/or Services except as expressly permitted under these Terms.
4.11 In addition to the above, you may not, directly or indirectly:
a) bypass or breach any security device or protection used for or contained in the Site and/or Service; or
b) engage in any activity which interferes with or disrupts the Site and/or Service (including the performance thereof) and/or third-party data contained therein;
c) access, retrieve or index any portion of the Site and/or Services for purposes of constructing or populating a searchable database of information;
d) reformat, frame or place pop-up windows over any portion of the Site and/or Services, or otherwise affect the way that the Site and/or Service (or any portion thereof) is displayed;
e) add the use of ActiveX, Java, Javascript, cookies, web beacons or other tracking technologies on the Site and/or Services;
f) use the Site and/or Service to store or transmit infringing, libellous, or otherwise unlawful or tortious material, or store or transmit material in violation of third-party privacy rights;
g) use the Site and/or Service in a way that would disrupt the normal flow of communication, or otherwise affect the other user’s ability to make use of the Services;
h) use the Site and/or Service to store or transmit code, files, scripts, agents or programs intended to do harm, including any form of malware, for example, viruses, worms, time bombs and Trojan horses;
i) attempt to gain unauthorised access to the Site and/or Service, its related systems and (electronic communication) networks or permit direct or indirect access to or use of the Site and/or Service in a way that circumvents a contractual usage limit;
j) copy the Site and/or Service or any part, feature, function or user interface thereof and/or access the Site and/or Services in order to build a competitive product or service;
k) solicit any user for any mortgage brokerage or other commercial promotional transaction;
l) use the Services in any way to violate any applicable law.
4.12 If you become aware of any breach of this clause 4 (Access, use and restrictions), you shall promptly notify Kredium thereof.
4.13 Kredium may suspend the access to the Service in the event of: (a) Kredium becomes aware of what it deems a credible claim that Your use of the Service violates any applicable law, (b) Your use of the Service violates these Terms of Service or interferes with the normal operation of the Service; (c) Kredium being entitled hereunder to terminate the Terms of Service for cause, or as otherwise set out in these Terms of Service.
4.14 You are solely responsible and liable for your use of the Site and/or Service. You shall bear all costs and be responsible for maintaining all of the hardware, software, electricity, telecommunications, internet and other products or services which are needed for you to use the Site and/or Service.
5. Mortgage Brokerage Services
5.1 Kredium offers mortgage services for foreign nationals and US residents.
5.2 Where Kredium provides mortgage brokerage services for purchasing a real estate abroad, it shall only process your application and forward it to the relevant partner, subsidiary, lender or investor. In that respect Kredium only collects leads as it might not be entitled to provide mortgage brokerage services to You. Such services shall be provided in accordance with the laws of the countries in which you wish to purchase real estate.
5.3 Notwithstanding the foregoing, Kredium may offer other mortgage brokerage services.
5.4 To obtain the Service, you shall complete and submit an online questionnaire available on the Site (“Application”).
5.5 While Kredium works with these Lenders, they have the terms and conditions that You need to agree to in order to take out a mortgage with them. Kredium is not responsible for these Lenders and how they operate.
5.6 You confirm that you are aware that Kredium is not a bank or a lender, and does not grant or approve loans, nor bears responsibility if You are not granted a loan or if there is a deviation in the loan terms offered in relation to the pre-approval letter.
5.7 Kredium undertakes to do the following:
a) To obtain pre-approval letter, mortgage offer, or refinancing offer, from Lenders on Your behalf and for Your account, in accordance with the information You have provided by filling in and submitting an Application when using the Services (loan amount, down payment, loan tenure, interest rate, fees, costs, etc.). Kredium provides Services based on the information provided by You. It is up to You to make sure this information is honest, accurate and up-to-date;
b) To provide You with additional assistance and support at Your request in clarifying the conditions from the pre-approval letters as well as assistance and support in communication with Lenders.
c) To bring You into contact with Lenders.
5.8 Kredium shall have the right to request additional information and data from You for the purpose of providing the Service;
5.9 Kredium shall expend reasonable efforts to enable You to enter into agreement with a Lender. Kredium shall in no event be liable if the agreement between You and a Lender is not concluded. Your inability to enter into agreement with a Lender and obtain the mortgage may include but is not limited to the DTI issues, credit history issues, collateral issues, incomplete applications, or applications based on data that cannot be verified, insufficient cash, employment history, and/or mortgage insurance. You provide Your explicit consent to the disclosing of personal data and other information to the lenders and other institutions for Kredium to fulfil its contractual obligation. Any disclosure of personal data shall be done in accordance with the applicable data protection laws and clause 18 of this agreement.
5.10 You are obliged to bear all actual costs and fees necessary for obtaining the documentation for submitting the loan application, as well as the costs and fees necessary for concluding a loan agreement and issuing the loan (including but not limited to: costs of real estate appraisal, costs of obtaining a Credit Report, costs of notarization, property insurance etc.).
5.11 With regard to the provision of the Services, Kredium undertakes to keep all information confidential. To the extent that such information contains personal data, Kredium shall process such personal data in accordance with the clause 18 (Personal Information).
6. Intellectual property rights
6.1 All ownership rights, intellectual property rights and other proprietary rights relating to our Site and/or the Services belong to Kredium, third party licensors or is Open-Source Software. These Terms do not entail an assignment of any intellectual property right to You.
6.2 To the extent that Kredium would make use of third-party software or open-source software, you agree that this third-party software or open-source software will be subject to its own terms and conditions which will be an integral part of these Terms. In relation to those licenses given by third parties or via open source, you cannot obtain more rights than those incorporated in the third-party terms or open-source license. These terms will prevail over all other conditions in these Terms in respect to these licenses. If and insofar as the aforementioned terms would, for any reason, not apply or in the event these terms are declared inapplicable, the provisions of these Terms will apply in full.
6.3 Further, these Terms do not grant you any rights in any trademarks or service marks which remain the exclusive property of Kredium or any third-party providers. You may not alter or remove trademarks, service marks, copyright notices or other markings from the Site and Service.
7. User Content
7.1 You acknowledge and agree that all User Content will become and remain our exclusive property even if the provisions of these Terms are later modified or terminated. This means that you forever disclaim any proprietary rights in User Content, and you acknowledge Kredium’s unrestricted and irrevocable right to use, publish, and commercially exploit, identical, similar, or derivative ideas originating from your User Content, in any medium, in connection with an advertisement or for any other publicity purpose, now and in the future, without notice, compensation or other obligation to you or any other person.
7.2 You agree, represent and warrant that you have the right to submit the User Content and that all provision or other use of the User Content will not violate clauses 4 (Access, use and restrictions) and 7 (User Content). To the fullest extent permissible by law, you shall indemnify Kredium for any breach of these warranties.
7.3 Unless otherwise set out in these Terms or agreed between the Parties, you shall not provide any User Content that:
a) is false or misleading;
b) violates any applicable law or regulation, including without limitation, the rules and regulations on securities and exchange of securities, market abuse, anti-money laundry and anti-bribery (especially and including the rules against making false or misleading statements with the intent to manipulate the price of any security or cryptocurrency);
c) involves the transmission of unsolicited mass mailing (i.e., spam) or other forms of solicitation (e.g., advertisement, promotional materials and/or pyramid schemes).
8. Security and disclaimer of warranty
8.1 Kredium agrees that the security of your data is of utmost importance. If you have any questions, please contact Kredium at info@kredium.com. Kredium will take the following security measures into account:
a) Organisation and privacy: to ensure a dedicated focus on the security of your data, we have taken the necessary technical and organisational measures to comply with the applicable data protection provisions.
b) Application security: Kredium protects its application through various measures to make sure that your data is safe.
c) In the unlikely event of a data breach, we will inform you and the respective authorities as quickly as possible, and at any event within the legally required timeframes.
d) When providing the Services Kredium shall exercise all reasonable skill and care. Notwithstanding the foregoing, you agree that Services could include technical, typographical or photographic errors. Kredium does not warrant that any of the materials used for the provision of the Services are accurate, complete or current.
e) Kredium exercises all reasonable skill and care to ensure that its Site and Services are secure and free from viruses and other malware. However, to the maximum permitted by the applicable law, Kredium does not warrant that (i) the Services will meet your requirements or (ii) the Services will be uninterrupted, timely, error-free, (iii) any errors in the Services will be corrected.
f) You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.
9. Links
9.1 Kredium may provide links to other websites, applications and/or other resources through any of the Services, or the Site. Kredium is not responsible for the availability and/or the content of such websites, applications and/or other resources. In addition, you agree that Kredium will not be responsible or liable for any damages or losses which result from or are caused by the use or reliance on the content made available through these websites, applications and/or other resources.
9.2 You shall not link to any websites that permit third-party advertising on this Site unless expressly authorized by Kredium in writing.
10. Term and termination
10.1 This Agreement shall commence on the date you first access the Site or use the Service and remain in effect until either Party terminates this Agreement in accordance with the terms hereof (the "Term").
10.2 Kredium may terminate this Agreement at any time at its sole discretion.
10.3 You may terminate this Agreement at any time by ending your use of the Site and the Service and notifying Kredium at info@kredium.com.
11. Liability
11.1 Kredium will not be liable to you, whether in contract or tort (including negligence) for any damages including any direct, special, incidental, consequential or punitive damages or any damages or injury caused by error, inaccuracy, omission, interruption, defect failure of performance, delay in operation or transmission, telecommunications failure or computer virus or other problem, or for any damages that may occur as a result of your use of the Site and/or Services, even if Kredium has been notified in any manner of the possibility of such damages.
11.2 The limitations in the previous clause shall not apply where applicable law may not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damage. However, in no event shall Kredium’s total liability to you for all other losses arising out of or in connection with any contract between you and Kredium, whether in contract or tort, be limited to or higher than fifty US dollars ($50).
12. Indemnification
12.1 To the fullest extent permitted under applicable law you agree to indemnify Kredium, its affiliates, vendors, employees, and licensors and hold them harmless against any claims, damages, expenses or other losses including legal fees resulting from the breach of this Agreement, any applicable laws or use of the Site and/or Services.
13. Kredium’s policies
13.1 You agree not to use this Site and Service, communication form available on the Site and Service, or email to transmit and communicate any time-sensitive instructions that may concern your loan, loan application or closing (such as interest rates locks, cancellation of a closing, rescissions, or the like). All transactions conducted while using the Service be it via email, this Site or any other available means of communication must be confirmed in a separate writing by Kredium to be accepted by you and binding upon it.
13.2 In order for all loan approvals, pre-qualifications, pre-approvals, rate locks, deposit and refund agreements, and the like, to be valid, they shall be made by Kredium in writing and Kredium may pose certain conditions it deems appropriate in accordance with these terms.
13.3 You hereby authorize Kredium to obtain a copy of your credit report. As a result, a "hard" inquiry may appear on your credit report. A hard inquiry may negatively affect your credit score.
13.4 Any communication that occurs between You and Kredium through any means of communication available to You when using the Site and Service may be recorded or monitored. You hereby consent to the recording and monitoring of such communications.
13.5 When submitting an inquiry through our Site You understand and agree that, we may share the information that you provide with our affiliates so that they may respond to your inquiry. Such information may include, but is not limited to, your full name, date of birth, address, telephone number, and social security number. You hereby authorize Kredium to disclose such information in accordance with clause 18 (Personal Information). Such affiliates shall be solely responsible for the services provided to you, and they have their own requirements for products and services, including a mortgage. Kredium does not endorse, warrant, or guarantee the products or services of any of its affiliates. Nothing in these Terms of Service or on this Site constitutes an offer for a loan commitment or interest rate lock agreement. You agree that Kredium shall not be liable for any damages or costs which arise from your use of the affiliates’ goods or services.
13.6 In the event you register a person for the Service or provide his/her contact details, you represent and warrant that such person has explicitly consented to being contacted by our mortgage partners by phone, automated calling, pre-recorded calling, text message, email, fax, telephone or any means of communication, even if you have opted in to the National Do Not Call List, any state equivalent Do Not Call List or the internal Do Not Call List of any company. You understand that such partners may maintain the information you submitted to Kredium even if you decide not to use their services. You shall have the right to request to stop receiving communications from a partner, and you agree to notify the Partner directly. In addition, You can opt-out of any or all contact methods by sending an email to info@kredium.com. If you wish to revoke your consent to affiliate sharing, you may do so by sending an email to info@kredium.com.
13.7 You undertake to provide accurate and complete information when making a loan inquiry, application or in entering into any other transaction or request for information on this Site.
13.8 Kredium shall provide its Service using all reasonable efforts to have your application fully processed and closed, on or before any applicable rate lock expiration date (if any) and/or anticipated closing date, some processes are not under its control.
13.9 You may bear certain costs for third-party expenses which may occur when Kredium processes your loan application. If you withdraw from the application before the processes have not been finalized or if you do not provide all required information and do not fully cooperate in or complete the application processes, or if you choose to close the transaction for any other reason, you may bear some or all of the third-party costs. Please refer to your deposit agreement for details specific to your loan application.
13.10 You acknowledge that certain features of this website, as well other products and services of Kredium, including those that may be available through this website, may be subject to terms, conditions and disclaimers in addition to these Terms of Service, and you agree that your use of such products and services will be subject to such additional terms, conditions and disclaimers.
14. Events outside Kredium’s control (Force Majeure)
14.1 Kredium will not be liable for any failure or delay in performing its obligations where that failure or delay results from any cause that is beyond its reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action by third parties, civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism, acts of war, governmental action, epidemic or other natural disaster, or any other event that is beyond Kredium’s reasonable control (“Force Majeure Event”)
14.2 If a Force Majeure Events occurs that is likely to adversely affect Kredium’s performance of any of its obligations under these Terms:
a) Kredium will inform you as soon as is reasonably possible;
b) Kredium’s obligations under these Terms will be suspended and any time limits will be extended accordingly;
c) Kredium will inform you when the event outside of its control is over and provide details of any new dates, times or availability of Services as necessary;
14.3 If the event outside of Kredium’s control continues for more than thirty (30) calendar days Kredium may cancel the affected Services and inform you of the cancellation. If an event outside of Kredium’s control occurs and continues for more than thirty (30) calendar days and you wish to cancel the affected Services as a result, you may do so in any way you wish, however for your convenience, contact Kredium using the details set out in clause 16 (Contacting us).
15. Disclaimers
15.1 Content on our blogs does not constitute professional advice on which you should rely. It is provided for general information purposes only. If you wish to obtain professional advice, please get in touch with one of our mortgage brokers by creating an account and using the Services.
15.2 We make reasonable efforts to ensure that the Content on Our Site is complete, accurate, and up to date, but We make no warranties, representations, or guarantees (express or implied) that this will always be the case.
16. Contacting Us
16.1 To contact Us, please email Us at info@kredium.com or by using any of the methods provided on Our contact page at https://www.kredium.com/contact-us.
17. Electronic communications
17.1 You hereby consent to Kredium contacting you to receive disclosures and other information in electronic form. Kredium is required by law to provide you with certain disclosures in connection with the Service. In order to do so, Kredium shall obtain Your consent.
17.2 Kredium may contact you to provide you with following information:
a) Terms of Service, Kredium’s Privacy Policy and any amendments, modifications or supplements thereto.
b) Disclosures or notices provided in connection with the Service, included and required by Applicable law (including initial disclosures, initial and annual privacy notices, opt-out notices, and change-in-terms notices).
c) Any customer service communications, including communications with respect to claims of error or unauthorized use of the Site or Service; and any other communication related to the Site or Service.
17.3 In addition to the disclosures Kredium is required by law to provide you with, We may send you emails and SMS if you agreed to receive promotional and marketing materials when creating an Account.
17.4 If you wish to stop receiving emails and SMS from Kredium, You may withdraw your consent at any time by contacting us at info@kredium.com.
18. Personal Information
18.1 All personal information that Kredium may use will be collected, processed, and held in accordance with the provisions of the applicable data protection laws and your rights under such laws.
18.2 For complete details of Kredium, its collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to the Privacy Policy.
19. Other Important Terms
19.1 This Agreement contains the entire agreement and understanding between the Parties with respect to the subject matter hereof and supersedes and replaces all prior agreements or understandings, whether written or oral, with respect to the same subject matter that are still in force between the Parties.
19.2 If any provision of these Terms is held to be invalid or unenforceable, the remaining portions will remain in full force and effect and such provision will be enforced to the maximum extent possible so as to give effect to the intent of the parties, and will be reformed to the extent necessary to make such provision valid and enforceable.
19.3 Except as limited by these Terms of Service, this Agreement and the rights and obligations hereunder shall bind, and insure to the benefit of the Parties and their successors and permitted assigns. Nothing in this Agreement, expressed or implied, is intended to confer upon any person, other than the Parties and their successors and permitted assigns, any of the rights hereunder.
19.4 Kredium may transfer (assign) its rights and obligations under these Terms to a third party. If this occurs, you will be informed in writing. Your rights under these Terms will not be affected and Kredium’s obligations under these Terms will be transferred to the third party who will remain bound by them. You may not transfer (assign) your obligations and rights under these Terms without Kredium’s express written permission.
19.5 California residents using the Site and Service may exercise their privacy rights by requesting the information regarding the disclosure of their Personal Information to third parties in the context of direct marketing. If you are a California resident, you are entitled to submit such a request at info@kredium.com.
19.6 No failure or delay by Kredium in exercising any of Kredium’s rights under these Terms means that Kredium has waived that right, and no waiver by Kredium of a breach of any provision of these Terms means that Kredium will waive any subsequent breach of the same or any other provision.
19.7 Kredium is entitled to use subcontractors for the performance of its obligations under these Terms, provided that such subcontracting shall not diminish Kredium’s liability under these Terms.
19.8 The Terms are agreed upon between you and Kredium and supersede any prior oral or written agreements. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms.
19.9 Using the Services and/or sending mails to Kredium constitutes electronic communication. You consent to receiving such emails.
19.10 All provisions of the Terms which are expressly marked to survive the termination or expiration of the Terms, as well as all provisions of the Terms which aim to enforce or execute the Terms after the termination or expiration of the Terms, including without use restrictions and limitations of liability shall survive the Terms and remain in full force.
20. Law and Jurisdiction
20.1 These Terms of Service, and the relationship between you and Us (whether contractual or otherwise) shall be governed by and construed in accordance with the laws of Delaware without giving effect to any principles of conflict of law.
20.2 Any dispute, controversy, proceedings, or claim between you and Us relating to these Terms of Service or to the relationship between you and Us (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of Delaware.
21. Revision of the Terms
21.1 Kredium may revise or change these Terms of Service at any time, without notice to you, in response to changes in relevant laws and other regulatory requirements or to add or modify certain Services. You agree that you will be bound by the provisions of these Terms of Service as they appear on this Site at the time you access this Site.
21.2 Please consult this Site from time to time in order to stay informed about the changes. Our content, services, products and materials on or available through this Site and/or Service may be updated and revised, and you expressly agree that Kredium is under no obligation to provide any notice to you in respect of such updates and/or revisions.