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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