Flinks
LENDFUL FINANCIAL INC.
FLINKS DATA SHARE PORTAL
END-USER TERMS AND CONDITIONS
This Agreement governs your use of the services provided through the Data Share Portal. You are legally bound by the terms of this Agreement and this Agreement will become effective as soon as you sign up for the Data Share Portal. This Agreement will apply every time you use the Data Share Portal. This Agreement has the same legal result as if you had signed your signature and provided paper versions of your acceptance to us. Failure to comply with these terms and conditions may affect Loan Application or your access to the Data Share Portal.
Data and Acknowledgement of Data Collection Purpose
By virtue of this Agreement, Peoples Group and Third-Party Service Provider are licensed to use any Data provided by you through the Data Share Portal. You expressly agree that, without any particular time limit, and without the payment of any fees, Peoples Group and Third-Party Service Provider may use Data for the Data Collection Purpose (as defined).
The Data provided and received by us through the Data Share Portal includes your name, postal address, email address, account number, bank institution, transit number, EFT eligibility and bank account transaction history (up to 12 months). The Data will be used in your Loan Application for identification purposes, (commonly referred to as Know Your Client of “KYC”), fraud prevention purposes and underwriting purposes. By proceeding and accessing the Data Share Portal, you acknowledge that you are providing Data for the Data Collection Purpose. You confirm that we may review and adjudicate your Loan Application based on this information and may store such information in accordance with our Privacy Policy and as long as required by the applicable data retention laws.
Third-Party Financial Institution Sites
By using the Data Share Portal, you authorize Peoples Group and Third-Party Service Provider to access Third-Party Financial Institution sites designated by you, on your behalf, to retrieve Data. For all Data Collection Purposes, you hereby grant Peoples Group and Third-Party Service Provider a limited power of attorney. You acknowledge and agree that when Peoples Group or Third-Party Service Provider accesses and retrieves information from Third-Party sites, Peoples Group and Third-Party Service Provider are acting as your agent, and not the agent or on behalf of the Third-Party Financial Institution. You agree that Third-Party Financial Institution shall be entitled to rely on the foregoing authorization, agency, and power of attorney granted by you. You understand and agree that the Third-Party Service Provider is not endorsed or sponsored by any Third-Party Financial Institutions.
Login Credentials
Your Login Credentials will be required anytime you want to access the Data Share Portal. By using your Login Credentials, you acknowledge that webpages accessed by you are written documents and that “clicking” on any screen buttons stating “OK”, “I Accept”, “Proceed”, “Continue”, “Approve” or buttons with similar intent, has the same legal result as if you had signed your signature and provided paper versions of your consent to us with the intent to be legally bound.
Safeguarding Your Login Credentials
You agree to keep your Login Credentials confidential. You are responsible for the safekeeping of your Login Credentials and all components thereof to prevent unauthorized use. You must notify the Privacy Officer immediately if you learn that your Login Credentials was disclosed to, or obtained by, anyone else or may be known by anyone else; that Unauthorized Activity may be occurring or has occurred; or the loss, theft, or misuse of the Data Share Portal. You acknowledge and understand that we are under no obligation to confirm the identity or authority of anyone using your Login Credentials.
Privacy Agreement
By accessing the Data Share Portal, you consent to the collection, use and disclosure of your Data in accordance with our Privacy Policy and this Agreement. The Privacy Policy may be amended or replaced. The Privacy Policy forms part of this Agreement. A copy of our Privacy Policy is available on our Website. We reserve the right to comply with any third party demands which have been issued under federal or provincial legislation, or any court order we receive in respect of your use of or access to the Data Share Portal. You agree that we will not be liable to you in any way for complying with any such third party demands or court orders.
Unlawful Behavior
Behavior which would give rise to civil liability or would otherwise violate any law or regulation is strictly prohibited. Peoples Group and all parties involved in creating, producing or delivering our services or the Data Share Portal, assume no responsibility or liability which may arise from the content thereof, including but not limited to claims for any of the above noted matters.
Withdrawal of Access
We may terminate this Agreement with you or withdraw access to the Data Share Portal at any time, without notice to you, in which case this Agreement will continue to apply in respect of your past access.
Security Encryption
Your Data Share Portal sessions are secured to a minimum of 128-bit encryption, which is the financial services standard.
Liability – General
Peoples Group will only be liable to you for direct damages resulting from any fraud, gross negligence or willful misconduct on the part of Peoples Group arising directly from the performance of Peoples Group and its responsibilities under this Agreement with you. Peoples Group and the Third Party Service Provider will not be responsible for any direct, indirect, special, punitive or consequential damages however caused, arising out of the use of the Data Share Portal including damages resulting from or related to the installation, use, or maintenance of personal computer, equipment, software, or if there is a reduced level or failure to provide any service caused by any Third Party Service Provider that we may make available such as any communication networks. Peoples Group and Third-Party Service Provider shall not be liable for any third-party claims or losses of any nature, including lost profits, punitive or consequential damages. Peoples Group and Third-Party Service Provider will not be accountable for any loss or damages you may suffer if you fail to protect (or lose) your Login Credentials, your electronic device, and your personal information (including passwords).
Liability – Unauthorized Activity
Notwithstanding the ‘Liability – General’ section above, this section governs our liability for Unauthorized Activity using the Data Share Portal. In no event, even if we are negligent, will Peoples Group and the Third Party Service Provider be liable for any loss of data, or any indirect, consequential, special, aggravated, punitive or exemplary damages whatsoever, in whole or in part, (including any business interruption, loss of profits, data, information, opportunity, revenues, goodwill or any other commercial or economic loss), caused to you, regardless of the cause of action, even if we have been advised of the possibility of such damages. The following is a non-exhaustive list of circumstances that we will have no responsibility or liability for:
• You do not comply with any of your obligations under this Agreement or you do not comply with any instructions we may provide to you in connection with the Data Share Portal;
• You engage (either alone or with others) in any fraudulent, criminal or dishonest acts related to the Data Share Portal or your Loan Application;
• You access the Data Share Portal via an electronic device that you know or reasonably should know contains software that has the ability to reveal to anyone, or to otherwise compromise, any of your Login Credentials;
• You access the Data Share Portal via an unsecure connection;
• You choose to share any of your Login Credentials in any way; or
• You consent to, contribute to, authorize or permit a transaction, Instruction or access in any way.
Non-Advice
The information contained in the webpages of the Data Share Portal or the Website is of a general nature only and is not intended to provide specific financial, tax, legal or accounting advice for you.
Non-Endorsement
Links to websites outside Peoples Group are for convenience only. No endorsement or approval of any third parties or their advice, opinions, information, products or services, is expressed or implied by any information contained on the pages of any Peoples Group website, including links to their own websites.
Governing Law and Jurisdiction
The applicable provincial laws of British Columbia and the federal laws of Canada, excluding any rule or principle of conflicts of law that may provide otherwise, govern this Agreement. You hereby irrevocably submit to the jurisdiction of the courts of British Columbia in the event of any dispute relating to this Agreement.
Legal Disclaimer
All products and services offered by Peoples Group are only offered in jurisdictions where they may be lawfully offered for sale. For specific product terms please refer to the various documents specific to your Loan Application for further information. The terms and conditions contained in those additional documents, along with any other terms and conditions which may in the future exist between you and us shall remain in full force and effect and shall apply to the relevant product or service. If there is any conflict or inconsistency between the terms of this Agreement, the terms of the Privacy Policy and the terms of any other Peoples Group agreement or representation, the terms of this Agreement will prevail, and the parties shall take any necessary steps to conform the inconsistent terms to the terms of this Agreement.
Although we do our best to ensure that the Data Share Portal and Website are always accessible, functioning properly, and contain accurate and up-to-date information, we supply it on an “as is” basis, without warranty of any kind, either express or implied, including any implied warranties of merchantability, fitness for a particular purpose and non-infringement. We cannot and do not promise that the Data Share Portal or Website will always be available and meet your needs, that access will never be interrupted, that there will never be delays, failures, errors, or omissions or loss of transmitted information, that the software we use will be compatible with your system, that no viruses or other contaminating or destructive properties will be transmitted or that no damage will occur to your own computer system or electronic device. We reserve the right to change the information, material and content found in the pages of the Website or the Data Share Portal, at any time, and without prior notice.
Third-Party Servicer Provider
Third Party Service Provider, Flinks Technology Inc., is an intended third-party beneficiary of this Agreement and has the right to enforce the terms of this Agreement as if it was a party to this Agreement.
Language
The original version of this Agreement has been drafted in English. If there are any discrepancy or conflicts between the English version and the translated text, the English text shall prevail and should be used to resolve any doubts of interpretation.
La version originale de la présente Convention a été rédigée en anglais. En cas d’incompatibilité ou de conflit entre la version anglaise et le texte traduit, le texte anglais l’emporte et doit être utilisé pour dissiper tout doute quant à l’interprétation.
Intellectual Property
Product names, words, titles, phrases, logos, icons, graphics or designs or other content in the pages of the Website or within this Data Share Portal may represent trade names, trade-marks or service marks of Peoples Group or Third-Party Financial Institutions. The display of trademarks on the Website or within the Data Share Portal does not suggest that a license has been granted unless specified otherwise by us. All information found in the pages of the Data Share Portal or the Website are protected under the copyright laws of Canada and in other countries. Unless otherwise specified by us, no one has permission to copy, redistribute, reproduce or republish, in any form, any information found in the pages of this Website or the Data Share Portal.
You agree that the service provided through the Data Share Portal does not grant you any intellectual property, proprietary or other rights to the service or the Data Share Portal. You agree not to reverse engineer, disassemble, decompile, derive or otherwise transform, or attempt any of the foregoing, any of the technology relating to the service or the Data Share Portal.
Definitions
| Term | Definition |
| Agreement | This Flinks Data Share Portal End-User Terms and Conditions document. |
| Data | Information received by us through the Data Share Portal, including your name, address, email address, postal code, province, country, account number, bank institution, transit number, EFT eligibility and account transaction history (up to 12 months). |
| Data Collection Purpose | Data will be collected by Third-Party Service Provider to assist Lendful in processing your Loan Application. Specifically, Lendful will use the Data for identification (commonly referred to as Know Your Client of “KYC”) purposes, fraud prevention purposes and underwriting purposes. |
| Data Share Portal | The online Data share program specifically designed and hosted by us, Flinks API or another Third-Party Service Provider, through which you may share certain information with us. |
| Loan; Loan Application | Your personal loan application to Lendful Financial Inc. |
| Login Credentials | Electronic identification or login details used to sign on to the Data Share Portal. |
| Includes; Including | Includes or including, as applicable, but not limited to. |
| Lendful; Peoples Group; our; we; us | One or more entities forming part of the Peoples Group, including but not limited to Peoples Trust Company and Lendful Financial Inc. |
| Privacy Officer | The Peoples Group privacy officer. Contact: [email protected]. |
| Privacy Policy | The Lendful privacy policy as found at: lendful.ca/privacy-policy. Our policies and practices have been designed to comply with the federal Personal Information Protection and Electronic Documents Act (PIPEDA) and corresponding provincial privacy acts, as applicable |
| Third-Party Service Provider | A party retained by us to act on our behalf to provide or to assist us in providing services. |
| Third-Party Financial Institution | A third-party financial institution accessible through Data Share Portal. |
| Unauthorized Activity | Where (i) any access to the Data Share Portal, (ii) any use of the services via the Data Share Portal or (iii) any activity that was carried out or initiated based on an instruction received, is attempted or completed without your permission, authorization or knowledge and where it can be established that you are a victim of fraud, theft or coercion. |
| Website | The Lendful website: www.lendful.ca. |
| You; your | The Loan applicant. |