Last Updated: Feb 1, 2023
“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.
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.
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.
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 firstname.lastname@example.org.
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:
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.
Submitting Information to the Site or Online Platform
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.
Accuracy of Information and Availability of the Site or Online Platform
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
Term and Termination
Release and Indemnification
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.”
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.
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.