Legal Terms and Conditions

1. General Service Provisions

1.1. Introduction

It is important that you read these terms and conditions (the "Terms and Conditions") carefully, before participating in the "MyEveryData" Application (the "App") provided by EDJmaica Limited ("EDJ", "we", "us", "our"). Through the App, EDJ allows customer to access and track their credit report details and credit score (the "Services"). The Services are provided by EDJ in accordance with the Credit Reporting Act, 2010 of Jamaica and any related current or future legislation or regulations. References to "you" or "your", refer to the customer. By engaging with the App, you confirm that you have read and understood these Terms and Conditions, and that you agree to be bound by them, and you acknowledge that such agreement constitutes a binding contract between you and EDJ. If you do not agree to these Terms and Conditions, please do not use the App. EDJ reserves the right, at its discretion, to review, revise or update these Terms and Conditions. You agree that you will periodically review these Terms and Conditions for revisions and updates. Your continued use of the App after any amendments to these Terms and Conditions, constitutes your acceptance of the said amendments.

1.2. Variation of Terms

EDJ reserves the right to revise, update, discontinue, or otherwise modify any aspects or features of the App, including, without limitation: availability of the App, and equipment/platforms needed to access or use of the EDJ credit information database (the "Database").

1.3. Privacy and Data Protection

In using the App, EDJ may, collect, use, and store information you provide. The collection, use, and storage of this information will be done in accordance with the Data Protection Act, 2020 of Jamaica and any related current or future legislation or regulations. EDJ suggests that you review the EDJ Privacy and Data Protection Policy, which applies to the information collected, used, and stored by EDJ during your use of the App, to get a better understanding of EDJ's policies and procedures. We may be required by law, to share your personal information with certain third parties, in order to aid any investigation, and comply with our obligations.

1.4. Electronic Communication

Communications between EDJ and you, may be sent and received electronically. You agree that all agreements, notices, disclosures, and other communications exchanged between you and EDJ electronically, shall satisfy any legal requirements that such communications be in writing, including, but not limited to, the requirements of the Electronic Transactions Act, 2006 of Jamaica, and any related current or future legislation or regulations. If, at any point, you do not wish to receive any further electronic communication from EDJ, you may "opt-out" of receiving further communication in the relevant settings in the App.

1.5. Intellectual Property

1.5.1. Our Database, the App, and promotional material, contain copyright material, trade marks, and other proprietary information, including, without limitation: text, software, logos, photos, graphics (the "Content"). The Content, as well as the organisation, layout, arrangement, and design elements of the relevant material, are the property of EDJ, and are protected under the Copyright Act and Trade Marks Act of Jamaica and other intellectual property laws which, from time to time, may become applicable.

1.5.2. You may view and display the Content of the App on your device, and store the Content in electronic form on your device for your personal, non-commercial use only. You are, however, strictly prohibited from copying, publishing, displaying, transmitting, creating derivative works of, modifying, participating in the transfer or sale of, or otherwise exploiting any of the Content, in whole or in part. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication, or commercial exploitation of downloaded material is permissible without the express written permission of EDJ. In the event of any permitted copying, redistribution, or publication of copyright material, there shall be attribution to the author of the Content, and any respective trade mark legend, or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by printing our copyright material.

1.5.3. EDJ offers you access to its Database and the App solely for your personal informational purposes. Unless otherwise agreed with EDJ, in writing, you may not resell, or make any commercial use of the Database, the App, or the Content.

1.5.4. You may not make unauthorised use of any of our credit information. You may not download or copy any account information for the benefit of any third-party. You may not make use of any robots, spiders, or similar data mining, data gathering or extraction tools, or manual processes, to collect, gather, or copy any of the Content in an unauthorised manner. You may not engage in any practices the purpose of which is to obtain lists of users, portions of a database, or other lists or information from our Database, in any manner not authorised by us.

1.5.5. Systematic retrieval of the Content or other data from any of the Database, to create or compile, directly or indirectly, in whole or in part, a collection, compilation, database or directory, without the express written permission of EDJ, is strictly prohibited.

1.5.6. You are prohibited from using the Database or the App in any manner that could damage, disable, overload, or otherwise impair it. Further, you are prohibited from using the Database or the App in any manner that could interfere with any other person's use of the Database or the App.

1.6. Warranty and Disclaimer

1.6.1. EDJ endeavours to provide the Database and the App with reasonable care and skill to a standard at least equivalent to good industry practice. "Good industry practice" means, that degree of care, skill, diligence, and prudence that would be reasonably expected from an expert provider of the relevant Services, in compliance with its contractual obligations, and applicable laws.

1.6.2. EDJ does not guarantee that the App will be compatible with any or all devices you may use, or that the App will display or operate correctly on any particular device.

1.6.3. While we take all the relevant steps to ensure that our Database and the App are free from viruses and other malicious computer programming, we cannot guarantee this, and advise you to ensure that your device has all necessary firewall and anti-virus software.

1.7. Liability

1.7.1. In no event, will EDJ, or any person or entity involved in creating, producing, or distributing our App be liable in contract, in tort (including for its own negligence, unless prohibited under any applicable law) or under any other legal theory (including strict liability) for any damages, including, without limitation: direct, indirect, incidental, special, punitive, consequential, or similar damages, including, without limitation, lost profits or revenues, loss of use, or similar economic loss, arising out of the use of or inability to use our App. You hereby acknowledge that the provisions of this section shall apply to all use of and content of our App.

1.7.2. In no event, shall EDJ's total liability to you for any damages, loss, and causes of action, whether in contract, tort (including its own negligence) or under any other legal theory (including strict liability) exceed the amount paid by you for use of the App.

1.8. Legal Status

1.8.1. These Terms and Conditions constitute a binding enforceable contract between EDJ and its customers, in respect of the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter.

1.8.2. These Terms and Conditions shall be construed in accordance with the laws of Jamaica, and it is agreed that any action related to these Terms and Conditions must be brought in the Jamaican Courts.

1.8.3. If any provision of these Terms and Conditions shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, the invalidity or unenforceability of such provision shall not affect the other provisions hereof, and all provisions not affected by such invalidity or unenforceability shall remain in full force and effect.

1.8.4. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

1.8.5. The section headings used herein are for convenience only and shall not be given any legal import.

2. General Use Provisions

2.1. Enrollment

2.1.1. In order to open an account to access the Services, customers must register through the App. All applicants must be eighteen (18) years or older. Registration requires a valid government issued identification, information on full name, date of birth, email, type of identification and ID number, Taxpayer's Registration Number (TRN), phone number, permanent address (including parish) of the customer. EDJ reserves the right to investigate and verify any customer registration, and the customer agrees to submit all necessary documentation requested by EDJ in this regard.

2.1.2. If personal information provided to EDJ by a customer is incorrect, EDJ reserves to right to temporarily restrict that customer's access to his/her account until the inconsistency is settled to EDJ's reasonable satisfaction. The customer is responsible for maintaining and updating registered personal information (e-mail, address, phone number, etc.).

2.1.3. Where an account has been created, this account is for the use of the customer only, and the customer acknowledges that he/she will not allow any other person to access or use his/her account.

2.1.4. Customers may register one account. If EDJ detects a connection between user accounts, we will assume the existence of multiple records, and this will be considered as a breach of these Terms and Conditions.

2.1.5. EDJ will report any suspicious or apparent criminal activity by a customer, in the use of the App, to the appropriate authorities.

2.2. Basic Rules of Use

2.2.1. The customer may request a search of his/her credit information, through his/her account on the App, and once payment is received by EDJ, the search results will be provided to the customer, which can be accessed through his/her account.

2.2.2. The fees for each of the Services will be notified to the customer before any charges are made against the customer, or the customer's account.

2.2.3. The customer will receive confirmation once a search is initiated.

2.2.4. Once a search is initiated and paid for, the search cannot be cancelled or varied.

2.2.5. EDJ reserves the absolute right, within our reasonable discretion, to set a limit on the number of searches that can be initiated within a prescribed time period.

2.2.6. The customer may not authorise any other person to use his/her account, and EDJ reserves the right to terminate any account where such conduct is detected.

2.2.7. EDJ reserves the right to refuse or cancel transactions caused by computer programmes errors (or other likely errors) in the App, and any other reason that causes erroneous searches, subject to fair and reasonable notification to the customer and any other relevant parties.

2.2.8. A customer shall be responsible for any damage caused to EDJ by his/her intentionally taking advantage of any technical or administrative errors, where such activity is undertaken dishonestly and in bad faith.

2.2.9. While EDJ endeavours to have its App available without malfunction or delay, it does not guarantee that its App will be complete, accurate, or accessible with interruption.

2.2.10. Where, however, a customer does not receive a search that has been initiated and paid for, due to a system malfunction of the Database, the customer shall be entitled to re-initiate the search at no further cost. Where assistance is required to re-initiate a search, this can be requested through the App.

2.3. Refusal of Search

A search may be refused at the reasonable discretion of EDJ, including, but not limited to where:

a. There are insufficient funds in the customer's account to cover the search, and the customer has not, otherwise, made payment;

b. The customer is in breach of these Terms and Conditions;

c. There is reasonable suspicion that the customer is engaged in illicit, dishonest, or fraudulent conduct;

d. Where the person requesting the search is not believed to be the customer/account holder;

3. Closure of Account

3.1. You are free to stop using the App at any time.

3.2. A customer may close his/her account at any time by making a request in the App. EDJ will confirm to the customer when the account has been closed, and will return any sums on account (less any sums owed to us) to the customer.

3.3. As stated above, EDJ may, in our reasonable discretion, close a customer's account where there has been a breach of these Terms and Conditions, or EDJ reasonably suspects that such breach has occurred.

4. Complaints

4.1. If you feel the need to complain, something has gone wrong, and we apologise. We are interested in your grievance, and you giving us the opportunity to rectify the issue. Complaints may be made directly through the App, and you can be assured that we will take action, and you will receive a response.

4.2. In making your complaint, please include your full name and preferred email or telephone contact, your account number, and a description of the circumstances that have given rise to your complaint.

5. Force Majeure

EDJ shall not be responsible for any event outside of our control, including, but not limited to, war, riots, civil unrest, terrorism, fire, storm, flood, plague, epidemic, pandemic, computer or telecommunication network malfunctions or failures, failures of our, or third-party software and hardware, or changes in laws or regulations.