TERMS and CONDITIONS
PLEASE READ THESE TERMS AND CONDITIONS
CAREFULLY. Your use of this
website and the provision of products and services to
you via this website are expressly
conditioned on your acceptance without modification of the following terms and
conditions (the “Terms and Conditions”). If you accept these Terms
and Conditions, click on the “I Accept” button below. That action is the
equivalent of your signature and indicates your acceptance of these Terms and
Conditions and that you intend to be legally bound by them. If you do not agree
with them, please click on the “Back” button of your browser or click on the
“Cancel” button below to exit this website.
Note that all of the Terms and Conditions below
are subject to the laws of the place where you live, and some of them might not
be binding on you under those laws.
Products and Services
Trans Union of Canada, Inc. (“TransUnion”)
is the source of the credit score and credit information (collectively, the “Products”)
provided to you by the Corporation on this website.
Use of Site
(a) You may use this website only if you are
a resident of Canada, have reached the age of
majority where you live and you can form legally binding contracts under
applicable law. You may not use this website if you live in a jurisdiction
where access to or use of the website or any part of it may be illegal or
prohibited. It is solely your responsibility to determine whether your use of
this website is lawful, and you must comply with all applicable laws.
(b) You may not use a false e-mail address,
impersonate any person or entity, or otherwise mislead the Corporation with
respect to any information that you provide.
You certify that you are the person whose personal information or credit
information is being requested.
(c) After an identity verification process
to ensure that you are the subject of the Products that you have selected to
purchase, the Corporation will display such Products and you understand that:
(i) a fee is charged for the provision of the Products and that payment of this
fee does not guarantee the completeness and/or accuracy of the information
supplied; and (ii) you have the right to dispute inaccurate information in
accordance with the process described below.
Neither you nor any credit repair company or credit service organization
has the right to have accurate, current and verifiable information removed from
your credit profile, score or other Products. Consumer reporting agencies will
investigate your dispute within the timeframe specified under consumer
reporting legislation and you will receive a letter indicating the results of
the investigation.
Pricing Policy
All prices quoted are payable in Canadian Dollars
and, unless otherwise stated, do not include GST, PST, QST or HST.
The Corporation cannot confirm the price or
availability of a Product until you purchase it. Despite our best efforts, a
small number of the Products may be mispriced.
The Corporation reserves the right, at any time, without prior notice or liability to
you or any other person, to discontinue providing any of the Products, change
the nature and pricing of Products, cancel any purchase order, and to limit the
availability or quantity of the Products.
User Name and Password
Your website account may be accessed only by
use of your login name and password. You are solely responsible and liable for
any use and misuse of your login name and password and for all activities that
occur under your login name and password. For security reasons, you must keep
your login name and password confidential and not disclose them to any person
or permit any other person to use them, except an authorized representative of
the Corporation. The Corporation recommends that you choose a password that is
unique to you and not easily guessed by others. You should change your password
on a regular basis, and you must log out at the end of each session.
All login names and passwords remain the
property of the Corporation, and may be cancelled or suspended at any time
by the Corporation without any notice or liability to you or any other person.
You must immediately notify the Corporation of any
unauthorized use of your login name or password, or if you know or suspect that
your login name or password has been lost or stolen, has become known to any
other person, or has been otherwise compromised.
Accuracy of Information
The Corporation relies on the information you provide through this
website, including registration information (name and email address), payment
information (credit card numbers and expiration dates), and transaction-related
information, which must be true, accurate, current and complete. You will be
solely responsible and liable for any and all loss, damage, and additional
costs that you, the Corporation or any other person may incur as a result of
your submission of any false, incorrect or incomplete information or your
failure to update your registration information and payment information within
30 days of any change.
Ownership
This website, its design, all text, graphics,
content, video, audio and the selection and arrangement of the website are the
property of the Corporation, and/or its various subsidiaries, affiliates,
third party providers, including TransUnion, and distributors (“Third
Parties”), and are protected under the copyright laws of Canada and other
countries. None of the content found on this website may be reproduced, republished, distributed,
displayed, sold, transferred, or modified without the express written
permission of the Corporation or the applicable Third Parties.
This website and all
other related trademarks and design marks displayed on this
website (collectively, the “Trademarks”)
are registered and common law trademarks of the
Corporation. Other trademarks and
design marks appearing on this website are trademarks of their respective
owners and are used under license. Nothing contained on this website should be
construed as granting, by implication or otherwise, any license or right to use
any trademarks, including the Trademarks, except with the express written
permission of the Corporation or the other party that may own the applicable
trademarks.
Neither this website nor its content may be, in
whole or in part, copied, reproduced, republished, uploaded, posted,
transmitted or distributed without the written permission of the Corporation, except
that you may download, display and print the content presented on this website for your
personal, non-commercial use only. Unauthorized use of this
website and/or the content
contained on this website may violate applicable privacy, copyright, trademark, other
intellectual property laws or other laws. You are not permitted to engage in
any resale or commercial use of this website or its contents; any collection
and use of any product listings, descriptions, or prices; any derivative use of
this website or its contents; any downloading or copying of account information
from this website for the benefit of another merchant; or any use of data
mining, robots, or similar data gathering and extraction tools on this website.
Privacy
You have read the Corporation’s Policy on Privacy
of Customer Personal Information, the
terms of which appear on the website at https://www.rentcheckcorp.com/rcp/ and are incorporated into these Terms and Conditions, and you agree that the terms of that policy are reasonable. You
consent to the collection, use and disclosure of your personal information by the Corporation in
accordance with the terms of and for the purposes set out in the Corporation’s Privacy Policy. In addition, you consent to the collection of information relating to the Products from TransUnion
and expressly authorize TransUnion to disclose such information to the
Corporation.
In order to deliver the Products to you, the
Corporation must obtain your consumer credit file and other information from
TransUnion and exchange certain information about you with TransUnion in order
to verify your identity and provide the Products to you. You acknowledge that the provision of the
Products to you does not constitute the provision of access by TransUnion to
your personal information for purposes of Part I of the Personal Information
Protection and Electronic Documents Act (Canada) or provincial personal
information protection laws as may be from time to time in force.
Consumer Reporting Act
The credit facilities provided or requested via
this website are not intended to constitute the disclosure of information by
TransUnion, the Corporation or a consumer reporting agency, as required by
Section 12 of the Consumer Reporting Act (Ontario) or similar laws. A "consumer disclosure" is a credit
report that only you can access.
Creditors do not have access to this version. A "consumer
disclosure" is a complete account of all your information in the files of
a credit reporting company, as mandated by consumer reporting legislation.
Unlike a credit report, a "consumer disclosure" lists all inquiries
made to your credit information, including account management inquiries,
non-credit-related inquiries and your own inquiries.
Provincial consumer reporting legislation
outlines a consumer's right to obtain a copy of their "consumer
disclosure" from consumer reporting agencies, free of charge, by
requesting this information to be supplied through the mail. This service is
available by contacting consumer reporting agencies, such as TransUnion,
directly.
LIABILITY DISCLAIMER – READ THE FOLLOWING CAREFULLY
Except as explicitly provided in these Terms
and Conditions as amended from time to time, the
Corporation and the Third
Parties make no representations or warranties of any kind, express or implied,
regarding this website and/or any content, products or services
provided on this website, all of which are provided on an “as is” and
“as available” basis. The Corporation and the Third Parties do not warrant the
accuracy, completeness, currency, reliability or suitability of the operation
of this website, or any of the content or data found on this
website, and expressly
disclaim all warranties and conditions in respect of this
website, its content or
data, and any products or services offered for sale on this website, including
implied warranties and conditions of merchantability, fitness for a particular
purpose, title and non-infringement, and those arising by statute or otherwise
in law or from a course of dealing or usage of trade.
The Corporation
and the Third Parties are not responsible for late, lost, incomplete,
illegible, misdirected or stolen messages or mail, unavailable network
connections, failed, incomplete, garbled or delayed computer transmissions,
on-line failures, hardware, software or other technical malfunctions or
disturbances or any other communications failures or circumstances affecting,
disrupting or corrupting communications.
The Corporation
and the Third Parties assume no responsibility, and will not be liable for, any
damages to, or any viruses affecting your computer equipment or other property
on account of your access to, use of, or browsing on this
website or your downloading
of any materials, data, text, images, video or audio from this website.
Liability
In no event will the
Corporation or any of the
Third Parties be liable for any loss or damage which arises out of or is in any
way connected with any of the functions or uses of this
website or its content, or
any of the Products offered on this website, or any injury, loss, claim, damage, or any
special, exemplary, punitive, direct, indirect, incidental or consequential
damages of any kind (including, but not limited to economic loss, lost profits
or lost savings), whether based in contract, tort, strict liability, or
otherwise, which arises out of or is in any way connected with any use of this website or
its content, the operation of this website or any failure or delay in the
operation of this website (including, but not limited to the inability to use
any component of this website for purchases), or any of the Products offered
on this website, even if advised of the possibility of damages.
Indemnification
You will indemnify and save harmless the Corporation
and the Third Parties and their respective officers, directors, employees,
consultants, representatives and agents from and against any claim, cause of
action or demand, including without limitation reasonable legal, accounting and
other professional fees, brought as a result of your use of this website.
Links/Software
This website contains links to websites owned
or operated by other entities which are not associated or affiliated with the Corporation. These
links are provided solely as a convenience to you and the inclusion of any link
does not imply endorsement, investigation or verification by the Corporation of the
linked website or information contained in the linked website, or of their
security or privacy practices. The Corporation will not be responsible for the content of any
other linked websites and makes no representation or warranty regarding any
other websites or the contents on those websites. If you decide to access other
websites, you do so at your own risk. Framing of this website or any of its
content in any form and by any method is strictly prohibited.
Linking to any other website is at your sole
risk and the Corporation will not be responsible or liable for any damages in
connection with such linking. In addition, the Corporation does not endorse or
approve of any websites linked from or to this website, except for other
websites operated by the Corporation.
You may not gather, extract, reproduce and/or
display on any other non-Corporation website or other online service, any
material on or from this website, whether or not by the use of spiders or other
‘screen scraping’ software or system used to extract data without the express
consent of the Corporation.
Survival
The provisions above that follow the heading “Liability Disclaimer”
will survive the termination of your access to the website.
GENERAL
Relationships
The relationship between the Corporation and you
will be that of independent contractors, and neither of the Corporation nor any
of its respective officers, agents or employees will be held or construed to be
partners, joint ventures, fiduciaries, employees or agents of the other as a
result of these Terms and Conditions or your use of this
website.
Disputes, Governing Laws, Jurisdiction
(a) If you dispute any information contained
in the Products provided to you, please refer your concern for investigation
and resolution to TransUnion using the following link to the Credit Disputes
page on TransUnion’s website at:
http://www.transunion.ca/ca/personal/creditdisputes_en.page. In
addition, if you have any general questions about any information contained in
the Products provided to you, you may wish to refer such questions to
TransUnion at www.transunion.ca.
(b) These Terms and Conditions will be
governed by, and interpreted in accordance with, the laws of Ontario and the
laws of Canada applicable therein.
Subject to subsection (a) above, in the event that a dispute or
controversy arising out of or related to these Terms and Conditions the courts
of the Province of Ontario shall have exclusive jurisdiction to settle such
dispute or controversy.
Severability
These Terms and Conditions will be severable.
In the event that any provision is determined to be unenforceable or invalid,
that provision will nonetheless be enforced to the fullest extent permitted by
applicable law, and that determination will not affect the validity and
enforceability of any other remaining provisions of these Terms and Conditions.
Headings
The headings used in these Terms and Conditions
are included for convenience only and will not limit or otherwise affect these
Terms and Conditions.
Entire Agreement
These Terms and Conditions constitute the
entire agreement between you and the Corporation pertaining to the subject
matter of these Terms and Conditions, and supersede any prior agreements,
understandings, negotiations and discussions, whether electronic, oral or
written, regarding the subject matter, and may not be amended or modified
except by the Corporation as set out above. There are no representations, warranties or other
agreements between you and the Corporation in connection with the subject
matter of these Terms and Conditions, except as specifically set out in these
Terms and Conditions. No party has been induced to enter into these Term and
Conditions in reliance on, and there will be no liability assessed, either in
tort or contract, with respect to, any warranty, representation, opinion,
advice or assertion of fact, except to the extent it has been reduced to
writing and included in these Terms and Conditions.
Electronic Communications
When you visit this website or send e-mails to the Corporation, you
are communicating with the Corporation electronically. You consent to receive
communications from the Corporation electronically. The Corporation will communicate
with you by e-mail or by posting notices on this website. You agree that all
agreements, notices, disclosures and other communications that the Corporation
provides to you electronically satisfy any legal requirement that such
communications be in writing.
Business Name and Business Ownership
The legal business name of the Corporation is Rentcheck Credit
Bureau Ltd. a subsidiary of Rent Bureau of Canada Ltd. Please direct enquiries
to the Corporation’s registered business address at 203-47 Colborne Street,
Toronto, ON M5E 1P8, or by telephone at 1-800-661-7312 extension 222 or e-mail
at john@rentcheck.ca.
English Language
The parties have requested that these Terms and
Conditions and all documents contemplated by these Terms and Conditions be drawn
up in English.Les parties aux
présentes ont exigé que cette entente et tous autres documents envisagés par
les présentes soient rédigés en anglais.
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