8381704 Canada Inc. o/a Quickcheck Canada (hereinafter "Quickcheck") is the authorized licensee and sublicensor and provider of the Quickcheck Payday Loan Software Platform (hereinafter "Services"), an innovative online solution, inclusive of one or more Application Program Interfaces (API) that empowers you with the ability to manage and analyze every aspect of your payday loan business, including but not limited to (and not necessarily inclusive on a mandatory basis of) client I.D. verification, loan calculation, document templates for use, tracking of all aspects of outstanding and completed loans, automated payment reminders, collection follow-up task designation, analysis of client information and data, employee and store performance metrics, an API which interfaces with your accounting and bookkeeping software and the ability to share information with your employees, store managers, agents, contractors and other business owners.
For the purposes of these Terms of Service (hereinafter "Terms") "you" and "your" shall mean an individual or a legal entity, and its directors, officers, employees agents, representatives and others for whom it is responsible at law, that is eligible to be bound by these Terms.
Quickcheck provides its services to users subject to these Terms. Please read these Terms carefully. By completing the registration process on the Quickcheck website, located at www.Quickcheckcanada.com ("Website"), you are stating that you are eligible for a user account.
By accepting these Terms or by registering on our Website and thereby using the Service, you acknowledge that you have read, understand and agree to be bound by these Terms. If you disagree with any part of these Terms, you must leave the Website and discontinue using the Services immediately. You will remain responsible for your obligations and responsibilities under these Terms at all times, including where applicable if you discontinue using the Services or our relationship is terminated.
If you are using the Services on behalf of any other person, company, entity, organization or third party, you represent and warrant that you are authorized to accept these Terms on their behalf, and that you both jointly and severally agree to indemnify and save harmless Quickcheck and its directors, officers, employees agents and representatives ("Quickcheck Group") from any liabilities, actions, demands, judgments, losses, costs, damages and expenses ("Losses") of any kind sustained by Quickcheck Group arising from a violation by you or the third party of these Terms.
Quickcheck reserves the right to modify these Terms from time to time without prior notice. Such modifications shall be effective upon posting them on the Website located at www.Quickcheckcanada.com, and shall take effect immediately thereafter. It is your responsibility to check the Website from time to time to apprise yourself of any changes to the Terms. At our option, we may notify you in the event of any material changes to the Terms.
You agree to be bound to any changes of these Terms when you use the Services after a modification is posted. It is therefore important that you review these Terms each time you access your account or use the Services to understand the terms and conditions that apply to your use of the Services.
To start using the Services, you must register online for an account, whether as a guest or a purchasing user, at www.Quickcheckcanada.com/ and provide your email address and password, following which your free thirty (30) day trial period will commence. The provided email address and password are used to create your Quickcheck login account and let you sign in to use the Services. Quickcheck may require you to provide it with additional information in order to enable use of the Services. Unless you purchase one of the packages offered to you by Quickcheck, your access to your account will cease upon the expiry of the above-mentioned 30-day period. As part of your signup process, Quickcheck will offer you various options for subscription for Services which you may choose from to accept.
Quickcheck shall store all of your content and data required for provision of the Services on the Website or elsewhere (including on secure servers) for your use and, where applicable, use by Quickcheck and other permitted third parties. All such information shall be encrypted and kept secure in accordance with any applicable legislation and in accordance with prudent practices for the industry. Among the measures anticipated to be utilized will be:
Quickcheck agrees to use commercially reasonable efforts to keep any of your content and information confidential and not to use such information or disclose such information to any third party without your consent. Notwithstanding the above, a) you grant Quickcheck an irrevocable right to utilize your content and information for analytics, predictive analytics, network creation, certain actions and processes associated with the Services, case studies, development of new products and services, survey generation and system improvements (all information, data and content so used will be anonymized wherever possible to protect the confidentiality of such content and information) (together "Quickcheck Permitted Uses") and b) this obligation of confidentiality shall not extend to any circumstances where (i) information becomes known to the general public without fault or breach of the terms hereof by Quickcheck, (ii) information independently developed by Quickcheck, where it can reasonably demonstrate that such development did not involve any confidential information of yours, (iii) information which is rightfully received from a third party without restriction on disclosure and without breach of the terms hereof by Quickcheck, or (iv) information the disclosure of which is required by law.
Notwithstanding the above or anything else in these Terms, you agree to provide accurate and current information about yourself and your customers or clients as is input by you as part of your standard operations when completing intake for a client, maintain the security of your password and accept all risks of unauthorized access to your password, account and content. Notwithstanding the above or anything else in these Terms, Quickcheck does not warrant in any way that any data may not be intercepted for illegal purpose. You agree that you shall indemnify and save harmless Quickcheck Group from any Losses arising from the content and operation of your account. Except as set out in these Terms or the Agreement, Quickcheck assumes no responsibility for the content, results or operation of your account, your data or any Quickcheck website or domain.
Subject to these Terms and any restrictions imposed by any governmental authority or applicable laws, regulations, ordinances, judgments, orders or policies set forth by any authorized governmental body, Quickcheck grants to you a limited, revocable, non-exclusive right to use the Services solely as provided for in your subscription for Services and all pursuant to the provisions contained in your Data Service License Agreement which you have executed ("Agreement"). You may use the Services during the subscription period, provided you have paid and continue to pay the subscription fees, when and as applicable. Your Services plan is non-transferable without the prior written consent of Quickcheck. All the other terms of your licence and rights to use the Services are contained in your Agreement and, for greater clarity, where terms therein conflict with any provisions in these Terms, the provisions of the Agreement shall govern.
The rights granted above shall be granted to the categories of persons specified in your Services subscription. Certain categories of users (e.g. tellers, store managers, company managers) will also have access to different parts of the Services.
Quickcheck hereby acknowledges your right and ownership to both your own content and data, as well as the results and reports generated by your use of the Services ("Reports"). Quickcheck shall have the right to utilize the data contained in your results and report for Quickcheck Permitted Uses. During the subscription period Quickcheck shall grant to you the right to:
You may not use the Services for (a) any purpose contrary to any applicable law or regulation, (b) any fraudulent, illegal or immoral purpose, (c) any purpose which directly interferes with the use of services provided to any other customer of Quickcheck, (d) any other purpose which would, on an objectively reasonable basis, materially adversely affect the reputation and business prospects of Quickcheck, or (e) any purpose prohibited under the Agreement (in each case a "Prohibited Use").
The granted rights shall terminate immediately when and if you fail to comply with these Terms, and Quickcheck may thereupon, in its sole discretion, suspend or terminate your account, terminate this agreement and/or the Services and pursue you for any applicable charges and fees. Quickcheck reserves the right to monitor and inspect your account, your use of the Services and your activities from time to time. You agree that Quickcheck may use your name, corporate name (if applicable) and logo (if applicable) to identify you as a user and client of the Services and in Quickcheck's promotional portfolio as well as any testimonials, if you elect to provide Quickcheck with such testimonials.
The Services are provided to registered users based on a selected subscription to a paid Services plan. You agree to pay forthwith, or at such time specified by Quickcheck, all applicable fees, including one-time or recurring fees incurred in connection with the provision of the Services at the prices set for the Services from time to time by Quickcheck ("Subscription Fees"), provided that if any price changes result in an increase in subscription fees of greater than ten (10%) cumulatively over a one-year period of use by you of the Services, you may at that time terminate the use of Services with no penalties accruing thereto.
All subscriptions are billed in the Billing section of the Website where a registered user provides payment details. Payment can be made by way of certified cheque, automatic payment withdrawal ("APW"), e-transfer or credit card. You will (a) at all times during the Term be responsible for all payments to Quickcheck as and when due, (b) be solely responsible for the security of your account, if one is used by you for the purpose of e-transfer, and (c) provide Quickcheck with all necessary details as to your account to expedite and process all required payments of Subscription Fees. Quickcheck assumes no responsibility or liability whatsoever for any failure to receive Subscription Fees from you due to any fault, defect or non-performance by your account provider or credit card issuer and, for greater clarity, you must look solely to your account provider or credit card issuer for redress and remedy in the event any payment has been lost or improperly processed and you shall remain liable to Quickcheck for all outstanding Subscription Fees until received by Quickcheck. Quickcheck shall charge a user's account in accordance with the following rules:
EXCEPT AS EXPRESSLY PROVIDED FOR HEREIN, TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, QUICKCHECK AND ITS AFFILIATES, MEMBERS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY WARRANTY AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT.
QUICKCHECK AND ITS AFFILIATES, MEMBERS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS DO NOT GUARANTEE AND DO NOT PROMISE (A) ANY SPECIFIC RESULTS FROM THE USE OF THE SERVICES; (B) THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; (C) THAT THE SERVICES WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (D) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE. QUICKCHECK AND ITS AFFILIATES, MEMBERS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS DO NOT ASSUME ANY OBLIGATION TO MONITOR USER ACTIVITIES ON THE SERVICE
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, QUICKCHECK AND ITS AFFILIATES, MEMBERS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU, OR ANY THIRD PARTY, FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, ATTORNEY FEES, ANY LOST PROFITS, BUSINESS INTERRUPTION AND LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM) ARISING FROM YOUR USE OF THE SERVICE, EVEN IF QUICKCHECK AND ITS AFFILIATES, MEMBERS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ACKNOWLEDGE THAT THE ECONOMIC TERMS OF OUR AGREEMENT REFLECT THE FOREGOING ALLOCATION OF RISK AND SUCH ALLOCATION OF RISK IS A SIGNIFICANT INDUCEMENT FOR QUICKCHECK TO PROVIDE THE SERVICE.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, QUICKCHECK AND ITS AFFILIATES, MEMBERS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS' AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO SIX HUNDRED DOLLARS ($600.00). YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO QUICKCHECK AND ITS AFFILIATES, MEMBERS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS FOR THE SERVICES, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND YOU SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM QUICKCHECK AND ITS AFFILIATES, MEMBERS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS, REGARDLESS OF THE CAUSE OF ACTION.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
You may terminate these Terms at any time by written notice specifying this. You will still be required to pay the remainder of the Subscription Fees for any unused portion of the term of your Service Plan unless otherwise indicated by Quickcheck in writing to you at the time of termination. Quickcheck may terminate these Terms and the provision of Services to you if you breach or violate these terms and do not cure such breach within the time period provided for cure or for non-payment of any Subscription Fees when due. For a breach which constitutes a Prohibited Use, Quickcheck may terminate these Terms and the Services immediately without notice. The termination shall be effective immediately or as may be specified in the notice.
Upon notification of termination by either party, you must immediately cease using the Services. In the event of any termination, you shall not be entitled to any refunds of any Subscription Fees, any other fees, or any outstanding balance for Services rendered through the date of termination.
Quickcheck may otherwise terminate your Services for any reason upon thirty (30) days written notice.
You and Quickcheck agree that Quickcheck will retain your registration information and other data and content on a secure basis for a period of one (1) year to enable ease of re-use by you in the event you elect to re-subscribe for Services within that period of time. Quickcheck reserves the right to retain Customer Information indefinitely.
Quickcheck reserves the right to have a third party provide the Services and shall notify you if this is the case. Quickcheck shall remain responsible for any of the third party's obligations under these Terms. If you have any questions or comments about these Terms, please contact us at info@Quickcheckcanada.com. Any obligations of (a) indemnification, (b) payment by you of outstanding Subscription Fees, (c) confidential information of Quickcheck received by you shall survive the termination of your Services indefinitely.