Blanc Labs Terms of Use

Last Updated: Feb 1, 2023

Introduction

These Terms of Use explain how you may use this website (“Blanc Labs”). References in these terms to the Site includes www.blanclabs.com and all associated web pages. Online Platform means a proprietary platform located on www.blanclabs.com or a proprietary application intended for use on mobile devices and computing devices made available for use by the Blanc Labs. This definition does not include any third-party products/platforms not developed, controlled, or made available by the Blanc Labs.

You should read these Terms of Use carefully before using the Site. By accessing or using this Site or otherwise indicating your consent, you agree to be bound by these Terms of Use and the documents referred to in them. If you do not agree with or accept any of these terms, you should cease using the Site immediately. If you have any questions about this Site, please contact

Definitions

“Content” means any text, images, video, audio or other multimedia content, software or other information or material submitted to, subsisting on or accessible from the Site or Online Platform.

“We”, “Us” or “Our” means Blanc Labs, whose registered office is Suite 1501, 67 Yonge St.,Toronto.

“You” or “Your” means the person accessing or using the Site, Online Platform, or its Content.

Dispute Resolution

If any dispute occurs between the parties relating to the application, interpretation, implementation or validity of this Agreement, the Parties agree to seek to resolve the dispute or controversy through mediation with Canadian Arbitration Association before pursuing any other proceedings. Nothing herein shall preclude any Party from seeking injunctive relief in the event that the Party perceives that without such injunctive relief, serious harm may be done to the party. Any Party to the dispute may serve notice on the others of its desire to resolve a particular dispute by mediation. The mediator shall be appointed by agreement between the Parties or, if the Parties cannot agree within five days after receipt of the notice of intention to mediate, the mediator will be appointed by Canadian Arbitration Association. The mediation will be held in the City of Toronto. The Parties agree to attempt to resolve their dispute at mediation. The costs of the mediator shall be shared equally by the Parties. If the dispute has not been resolved within thirty days of the notice of desire to mediate, any Party may terminate the mediation and proceed to arbitration as set out below.

Subject to the mediation provisions set out above, if any dispute or controversy occurs between the Parties relating to the interpretation or implementation of any of the provisions of this Agreement, the dispute will be resolved by arbitration at Canadian Arbitration Association pursuant to the general Canadian Arbitration Association Rules for Arbitration. Any Party may serve notice of its desire to refer a dispute to arbitration. The arbitration shall be conducted by a single arbitrator. The arbitration shall be held in the City of Toronto. The arbitration shall proceed in accordance with the provisions of the Arbitration Act (Ontario). The decision arrived at by the arbitrator(s) shall be final and binding and no appeal shall lie therefrom. Judgement upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The costs of the arbitrator shall be divided equally between the parties.

Permission for Communication and Electronic Notices

We may use email, texts and other electronic means to stay in touch with you and you must ensure that you obtain all requisite permissions from your Clients for you to be able to, in turn, communicate with you Clients. You agree that when you provide us your e-mail address or personally identifying information (e.g. name, phone number) during or prior to access of the Service, you: (i) consent to receive communications from us through electronic means, including via the email address or phone number you have provided us; and (ii) agree that our Terms, agreements, notices, disclosures and other communications that we provide you electronically satisfy any legal requirement that such communications would satisfy if they were in writing and physically presented to you.

Fair credit reporting act (“FCRA”)

As stated, Blanc Labs does not provide reports on Records to third parties and is not a consumer reporting agency. However, to the extent that your information is being used by an Blanc Labs client for the purpose of providing a “Consumer Report” (as defined by the Fair Credit Reporting Act (“FCRA”), 15 U.S.C. §1681 et seq.), you consent for Blanc Labs and its suppliers to obtain and provide such data on your behalf for such purposes, or you represent that have obtain such consent as necessary. In such event, Blanc Labs is transmitting such data solely in a mechanical manner without altering the substance of the data. Blanc Labs is not the provider of the Consumer Report, but is acting solely as a service provider and conduit in connection with the data, and not as a consumer reporting agency.

Customization of Consent Agreements

It is your responsibility to ensure you adhere to your company’s policies pertaining to gaining, retaining, and confirming lawful consent from your borrower(s) to request their credit reports (also referred to as credit bureau). Furthermore, it is your responsibility to ensure the consent text provided to your borrowers through Blanc Labs as well as the process employed through Blanc Labs is approved by your company.

Privacy Policy and Additional Terms

These Terms of Use includes our Privacy Policy which shall be subject to these terms in the event of any conflict or inconsistency. These terms may also be supplemented or replaced by additional terms (“Additional Terms”) relating to specific Content, goods or services made available or supplied by us using the Site. Additional Terms will be made available on relevant pages of the Site and will be accessible by you for your acceptance the use of the Services. Additional Terms shall prevail to the extent that there is any conflict or inconsistency with any other of these Terms of Use.

Conflict Between Your Rights and Clients’ Request

As part of your Clients’ use of our Services, their personal information (as such is defined under The Personal Information Protection and Electronic Documents Act(PIPEDA), shall reside on our or our subcontractors’ systems. PIPEDA sets out various obligation for us, including in respect of such Clients’ requests for disclosure of, access to, or removal of, their personal information from our systems. We are compelled to abide by Clients’ requests, subject to limited exceptions. We note you must comply with certain data retention obligations in respect of Client personal information utilized in an Application. We will, in the event of a request for removal of such Client personal information from our system, notify you promptly of such request. We will also, to support your compliance of your data retention obligations under applicable law, not destroy or remove such Client personal information in violation of your data retention policies and obligations, and you agree that as set out under “Release and Indemnification” clause herein, you will indemnify us for our assistance to you in our preservation of Clients’ personal information contrary to Clients’ request.

Accessibility

We seek to make this Site as accessible as possible. If you have any problems accessing this Site or the content contained on it, please contact us at support@blanclabs.com.

Restrictions On Use

The Site is intended for you to access the services provided by Our Online Platform. As a condition of your use of the Site, you agree:

Not to use the Site or Online Platform for any purpose that is unlawful under applicable law, or prohibited by these Terms of Use; not to defame or disparage anybody or make comments of an obscene, derogatory or offensive manner or otherwise use the Site or Online Platform or its Content in a way that brings us or any third party into disrepute or causes us to be liable to any third party; not to reverse engineer, decompile, copy, modify, distribute, transmit, license, sublicense, display, revise, perform, transfer, sell or otherwise make available to any third party or otherwise publish, deep-link, create derivative works from or exploit in any way the Site or Online Platform or its Content except as permitted by us under these Terms of Use or as expressly provided under applicable law and/or under any Additional Terms; not to use the Site or Online Platform to distribute viruses or malware or other similar harmful software code; not to represent or suggest that we endorse any other business, product or service unless we have separately agreed to do so in writing; and that you are solely responsible for all costs and expenses you may incur in relation to your use of the Site or Online Platform.

We reserve the right to prevent or suspend your access to the Site or Online Platform if you do not comply with any part of these Terms of Use or any applicable law.

Ownership, Use and Intellectual Property Rights

This Site or Online Platform and all intellectual property rights in the Site or Online Platform (including without limitation any Content) are owned by us and/or our We and our licensors reserve all our intellectual property rights (which include without limitation all copyright, trademarks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind) whether registered or unregistered anywhere in the world.

Nothing in these Terms of Use grants you any rights in the Site or Online Platform other than as necessary to enable you to access the Site or Online Platform. You agree not to adjust to try to circumvent or delete any intellectual property notices contained on the Site or Online Platform and in particular in any digital rights or other security technology embedded or contained within any Site or Online Platform Content.

Trademarks Other trademarks and trade names may also be used on this Site or Online Platform. The use or misuse of any trademarks or any other Content on the Site or Online Platform except as provided in these Terms of Use is strictly prohibited. Nothing contained on the Site or Online Platform shall be construed as granting, by implication, estoppel or otherwise, any licence or right to use any trademark without our prior written permission.

Software

Where any software is made available for downloading from the Site or Online Platform, this is our copyrighted work and/or that of our licensors. You may only use such software in accordance with the terms of the end user licence agreement, if any, which accompanies the software and, subject thereto, in accordance with these terms. All such software is made available for downloading [solely for your personal use in a non-commercial manner]. Any reproduction or redistribution of software not in accordance with the end user licence agreement and/or these Terms of Use is expressly prohibited, and may result in severe civil and criminal penalties. Our software is warranted only to the extent expressly required by Canadian law or according to the terms of the end user licence agreement. We hereby disclaim all other warranties, conditions and other terms (whether express or implied) with regard to the software, including all implied warranties and conditions of satisfactory quality, freedom from defects and fitness for a particular purpose. In no event shall our aggregate liability in respect of any such software exceed the limitations of liability in the applicable end user licence agreement, or in all other cases the amount you paid us for the relevant software.

Submitting Information to the Site or Online Platform

The Site or Online Platform is not a secure means of communication and any information you supply to us will not be kept confidential. For that reason, you should not submit or send to us any patentable ideas or patent applications, advertising or marketing suggestions, prototypes or any information, written or oral, which you regard as confidential or commercially sensitive or valuable (collectively referred to as “Unwanted Submissions”). While we value your feedback, you agree not to submit any Unwanted Submissions. Any submission (including any Unwanted Submission) made to us is deemed to be our By transmitting or posting any submission or other material to us, you agree that, subject to our Privacy Policy, we are entitled to use any such information in any manner we see fit (including reproduction, transmission, publication, broadcast, and posting on any media and anywhere in the world) on a free of charge basis. We shall not be subject to any obligation of confidentiality nor be liable for any use and/or disclosure of such submissions.

Where our Site or Online Platform enables you to communicate with us and/or other users of the Site or Online Platform, you may not use the Site or Online Platform to transmit harmful or offensive (g., violent, obscene, discriminatory, defamatory or otherwise illegal) communications or material which might otherwise bring us or the Site or Online Platform into disrepute. Although we reserve the right to monitor, edit, review or remove discussions, chats, postings, transmissions, bulletin boards and similar communications on the Site or Online Platform from time to time, we are under no obligation to do so and assume no responsibility or liability arising from any Content posted on the Site or Online Platform nor for any error, omission, infringement, defamatory statement, obscenity or inaccuracy contained in any such information. Our right to use submissions or other material provided by you is [non-exclusive, freely transferable and worldwide] so you shall be entitled to use your own material yourself subject to applicable law.

You represent and warrant that any Content you supply to us is and shall be your own original work and has been lawfully provided to us and that you have all necessary consents to provide this to us. You agree that you waive all moral rights you may have in any such Content but that any personal data you supply with your Content may, if we choose to do so, be used by us as described in our Privacy Policy.

Accuracy of Information and Availability of the Site or Online Platform

While we use reasonable efforts to include accurate and up-to-date information on the Site or Online Platform, we do not represent, warrant or promise (whether expressly or by implication) that any Content is or remains available, accurate, complete and up to date, free from bugs, errors or omissions or fit or suitable for any purpose. Any reliance you may place on the information on this Site or Online Platform is at your own risk and we may suspend or terminate operation of the Site or Online Platform at any time at our sole discretion. Nothing in these Terms of Use shall operate to prejudice any mandatory statutory requirement or your statutory rights. Content on the Site or Online Platform is provided for your general information purposes only and to inform you about us and our products and news, features, services and other website, which may be of interest. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purpose.

While we make commercially reasonable efforts to ensure that the Site or Online Platform is available, we do not represent, warrant or guarantee in any way the Site or Online Platform’s continued availability at all times or uninterrupted use by you of the Site or Online Platform.

Hyperlinks and Third-Party Site or Online Platforms

The Site or Online Platform may contain hyperlinks or references to third party websites other than the Site or Online Platform. Any such hyperlinks or references are provided for your convenience only. We have no control over third party websites and accept no responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third-party website does not constitute an endorsement of such third party’s website, products or services. Your use of a third-party website may be governed by the Terms of Use of that third-party website.

Term and Termination

Our Terms of Use shall be deemed to be applicable to you upon your use of the Service.

Notwithstanding anything to the contrary in these Terms of Use, with respect to information and materials then in our possession or control, we may retain any of your data in our backups, archives and disaster recovery systems until such data is deleted in the ordinary course and all such retained data shall remain subject to all confidentiality, security and other applicable requirements of our Terms of Use and Privacy Policy.

Release and Indemnification

You agree to indemnify, defend and hold harmless Blanc Labs, its officers, directors, employees, agents, successors and permitted assigns from and against any and all expenses, claims and demands, losses, costs, damages, actions, suits or other proceedings (“Claims) including legal fees and disbursements, arising out of: (i) your use of the Service, including your violation of any of the provisions in these Terms of Use and any modifications you make to any text blocks on our Site or Online Platform; (ii) allegation of facts that, if true, would constitute your breach of any of your representations, warranties, covenants or obligations under these Terms of Use; (iii) negligence or willful misconduct by you or any third party on your behalf in connection with the use of the Services provided by us; (iv) any breach of our end user access agreement by your Client; or (v) our denial of a Client’s request to remove the Client’s personal information from our system where such Client request is contrary to your data retention policy.

We may, at our sole discretion, choose to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without our written consent.

To the fullest extent permitted by applicable law, you release Blanc Labs and the other Blanc Labs Parties from all Claims of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. If you are a consumer who resides in California, you hereby waive your rights under California Civil Code § 1542, which provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”

Severability

If any portion or provision of our Terms of Use shall to any extent be declared illegal or unenforceable by a court of competent jurisdiction, then the remainder of our Terms of Use, or the application of such portion of provision in circumstances other than those as to which it is so declared illegal or unenforceable, shall not be affected thereby, and each portion and provision of our Terms shall be valid and enforceable to the fullest extent permitted by law.

Warranties, Covenants, and Limitation of Liability

You agree that your use of the Site or Online Platform is on an “as available” basis. As stated above, except as otherwise expressly required by applicable law, we make no representations, warranties, conditions or other terms (whether express or implied) in relation to the provision of the Site or Online Platform, including without limitation as to completeness, accuracy and currency or any Content on the Site or Online Platform, or as to satisfactory quality or fitness for a particular purpose.

You must be at least 18 years old to use the Services. By agreeing to these Terms of Use, you represent and warrant to us that: (a) you are an individual who is at least 18 years old; (b) you have not previously been suspended or removed from the Services; (c) your registration and your use of the Service is in compliance with all applicable laws and regulations; and (d) you have read and agree to our Privacy Policy. If you are under 18 years of age (or the age of legal majority where you live), you may not use the Services. If you use our Services on behalf of another person or entity, all references to “you” throughout these Terms of Use will include that person or entity. You represent that you are authorized to accept these Terms of Use on that person’s or entity’s behalf; and in the event you or the person or entity violates these Terms of Use, the person or entity agrees to be responsible to us.

To the maximum extent permitted by applicable law, we exclude all liability (whether arising in contract, tort, breach of statutory duty or otherwise) which we may otherwise have to you as a result of any error or inaccuracies in any Content, the unavailability of the Site or Online Platform for any reason, and any representation or statement made on the Site or Online Platform.

We will not be liable for any loss or damage we cause which we could not reasonably anticipate when you started using the Site or Online Platform, for example if you lose revenue, salary, profits or reputation as a result of your use of the Site or Online Platform and/or the acts or omissions of any third party such as other users of the Site or Online Platform or any other indirect or consequential loss or damage you may incur in relation to the Site or Online Platform and its Content.

Under no circumstances shall our aggregate liability to you for any and all claims arising from your use of the Site or Online Platform (including the downloading or use of any Content) exceed to the extent permitted by law the amounts paid by you to us in relation to your use of the Site or Online Platform or its Content — confirm what would be a reasonable limitation of liability.

Any exclusions and limitations of liability in these Terms of Use shall be subject to the Additional Terms in respect of matters covered by those Additional Terms and as otherwise required by law.

General

These Terms of Use are dated November 11, 2020. No changes to these Terms of Use are valid or have any effect unless agreed by us in writing. We reserve the right to vary these Terms of Use from time to time. Our new terms will be displayed on the Site or Online Platform and by continuing to use and access the Site or Online Platform following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these Terms of Use from time to time to verify such variations.

Unless otherwise expressly stated in these Terms of Use, all notices from you to us must be in writing and sent to our contact address at Suite 1501, 67 Yonge St., and all notices from us to you will be displayed on our Site or Online Platform.

We shall have no liability to you for any breach of these Terms of Use caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.

If any part of these Terms of Use is unenforceable (including any provision in which we exclude or limit our liability to you) the enforceability of any other part of these Terms of Use will not be affected. If we choose not to enforce any right that we have against you at any time, then this does not prevent us from later deciding to exercise or enforce that right.

These Terms of Use together with the Privacy Policy and any applicable Additional Terms or other terms expressly referred to in these Terms of Use and incorporated by reference contain the entire understanding and agreement between us and you in relation to your use of the Site or Online Platform and supersede and replace any representation, statement or other communication (whether written or otherwise) made by you or us which is not contained herein. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.

You may not assign, sublicense or otherwise transfer any of your rights and obligations in these Terms of Use to any other person.

These Terms of Use shall be construed in accordance with and governed by the laws in effect within the Province of Ontario.

Technical Support and Incident Reporting

For reporting incidents, system failures, or requesting technical support, please contact us via email at support@blanclabs.com