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TERMS AND CONDITIONS

The bank account verification feature is intended to verify your authority and access to external financial accounts by confirming your ability to access the external financial accounts. You will also find common questions and respective answers at the bottom of this document. Your use of bank account verification enabled by the Flinks API (“Flinks Service”) from within our Client’s designated website (the “Software”) is subject to the following terms.

  1. Proprietary Rights. You are permitted to use information, data or other materials delivered to you through the Flinks Service only with the Software. You may not copy, reproduce, distribute, or create derivative works from this information, data, or other materials. Further, you agree not to reverse engineer or reverse compile any of the Flinks Service technology.

  2. Content You Provide. You are licensing Flinks Technology Inc. (“Flinks”) and its designated client, easyfinancial Services Inc. (the “Client”) to any data, passwords, materials or other information (collectively, “Content”) you provide through or to the Flinks Service. The Client and Flinks may use, modify, display, distribute and create new material using such Content as permitted by applicable laws and regulations. By submitting Content, you expressly and automatically agree, or represent that the owner of such Content has expressly agreed that, without any particular time limit, and without the payment of any fees, the Client and Flinks may use the Content for the purposes set out above.

  3. Third Party Accounts. By using the Software and the Flinks Service, you authorize the Client and Flinks to access third party sites designated by you, on your behalf, to retrieve information requested by you, and to register for accounts requested by you. You further authorize the Client and Flinks to periodically do so for a period of up to 90 days after the later of (i) the termination of all lending arrangements you have with the Client; or (ii) the date that, and in the event that, the Client declines or you withdraw your application for a loan. For all purposes hereof, you hereby grant the Client and Flinks a limited power of attorney, and you hereby appoint the Client and Flinks as your true and lawful attorney-in-fact and agent, with full power of substitution and resubstitution, for you and in your name, place and stead, in any and all capacities, to access third party Internet sites, servers or documents, retrieve information, and use your information, all as described above, with the full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with such activities, as fully to all intents and purposes as you might or could do in person, only as required to provide you the Flinks Service. You acknowledge and agree that when the Client or Flinks accesses and retrieves information from third party sites, the Client and Flinks are acting as your agent, and not the agent of or on behalf of the third party. You agree that third party account providers shall be entitled to rely on the foregoing authorization, agency, and power of attorney granted by you. You understand and agree that the Flinks Service is not endorsed or sponsored by any third party account providers accessible through the Flinks Service.

  4. Disclaimer of Warranties. You expressly understand and agree that:

    1. Your use of the Flinks Service and all information, products and other content (including that of third parties) included in or accessible from the Flinks Service is at your sole risk. The Flinks Service is provided on an "as is" and "as available" basis. The Client and Flinks expressly disclaim all warranties of any kind as to the Flinks Service and all information, products and other content (including that of third parties) included in or accessible from the Flinks Service, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement;

    2. The Client and Flinks make no warranty that (i) the Flinks Service will meet your requirements, (ii) the Flinks Service will be uninterrupted, timely, or error-free, (iii) the quality of any products, services, information, or other material purchased or obtained by you through the Flinks Service will meet your expectations, or (iv) any errors in the technology will be corrected;

    3. Any material downloaded or otherwise obtained through the use of the Flinks Service is done at your own discretion and risk and you are solely responsible for any damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from the Client or Flinks through or from the Flinks Service will create any warranty not expressly stated in these terms;

    4. You agree that the Content is for use by Flinks and the Client only in connection with your loan application with the Client, using the Flinks Service.

  5. Limitation of Liability. You agree that neither the Client or Flinks nor any of their affiliates, account providers or any of their affiliates will be liable for any harms, which lawyers and courts often call direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses, even if the Client or Flinks has been advised of the possibility of such damages, resulting from:

    1. the use or the inability to use the Flinks Service;

    2. the cost of getting substitute goods and services;

    3. any products, data, information or services purchased or obtained or messages received or transactions entered into, through or from the Flinks Service;

    4. unauthorized access to or alteration of your transmissions or data;

    5. statements or conduct of anyone on the Flinks Service;

    6. the use, inability to use, unauthorized use, performance or non-performance of any third party account provider website, even if the provider has been advised previously of the possibility of such damages; or

    7. any other matter relating to the Flinks Service.

  6. Indemnification. You agree to protect and fully compensate the Client and Flinks and their affiliates from any and all third party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorneys/legal fees) caused by or arising from your use of the Flinks Service, your violation of these terms or your infringement, or infringement by any other user of your account, of any intellectual property or other right of anyone.

  7. Third Party Beneficiary. You agree that Flinks is a third party beneficiary of the above provisions, with all rights to enforce such provisions as if Flinks were a party to these Terms of Use.

COMMON QUESTIONS AND ANSWERS

The bank account login service offered by Flinks allows you to quickly and easily confirm key details about yourself and your loan application.

Why does Flinks and Client ask for access to my bank account?

Using the Flinks Service allows you to automatically verify key parts of your loan application. By giving us access to key details about your transactions, we gain a better understanding of your financial profile to best serve you as your lender. By logging into your bank account, your bank account details and data come to us in an automated fashion, so we can offer you faster, more convenient service, while limiting the need to ask for extra documentation like pay stubs and other information that may be inconvenient for you to find. This means that your loan application takes less time to process, and you are able to receive your loan faster.

What data does Flinks and Client access?

By logging into your bank account, you allow us to periodically download the last 12 months of transaction data for all products connected to your online bank account, as well as the name and address of the owner of the bank account you verify. The transaction data includes your day-to-day chequing account, credit cards, and any other products that you can see through your online banking account. This also gives us to the account numbers for deposit accounts to deposit your funds and withdraw payments to the correct place.

What does Flinks and Client do with the data and in my account?

We use the data you’re providing by logging into your account for a variety of purposes, including for the Client to assess your loan application and process it faster than it otherwise could, to offer you new products and services, to offer you increased credit, to aid with collections, to better time payments and for analytics purposes. Our systems analyze your transactions and bank account details to help us evaluate your loan application, and our employees look at key details of the data, as well, to verify parts of your application and ensure that we are serving you appropriately. While we have your permissioned-access to your bank account, we do not make transfers on your behalf, or edit any information in your account. You are simply giving us access to your account for the purposes of collecting the information we need to approve and expedite your loan application and continually service you as quickly and best as possible.

Am I giving Flinks and Client permission to keep my bank account credentials going forward?

Yes. We will access your account for a period of up to 90 days after the later of (i) the termination of all lending arrangements you have with the Client; or (ii) the date that, and in the event that, the Client declines or you withdraw your application for a loan.