(a) Bank Verification System: The Bank Verification System is enabled by Flinks Technology Inc. (“Flinks”).
Flinks is a third party service provider and is not a Canada Drives Company. The bank account verification
enabled by Flinks is referred to as the “Flinks Service”.
(b) Proprietary Rights: You are permitted to use information, data or other materials delivered to you through
the Flinks Service only with the BVS Website. You may not copy, reproduce, distribute, or create derivative works
from this information, data, or other materials. Further, you agree not to reverse engineer or reverse compile
any of the Flinks Service technology.
(c) Content You Provide: You hereby license Canada Drives Group and Flinks to use any information you
provide through or to the Flinks Service (collectively, “Content”). Canada Drives Group and Flinks may use,
modify, display, distribute and create new material using such Content to provide and enhance the Flinks
Service, as permitted by applicable laws and regulations. By submitting Content, you expressly agree, or
represent that the owner of such Content has expressly agreed, that Canada Drives Group and Flinks be
permitted to use the Content for the purposes set out above, without the payment of any fee by either Canada
Drives Group or Flinks. You agree that Canada Drives Group, in accordance to Canada Drives Group Privacy
Policy, through the Flinks Service, may collect the following personal information from your financial institution:
your name, your address, your email, your date of birth, your bank account information, your transaction
history, your credit account information, your loan account information, your investment account information,
as well as your login information and security questions and answers. Flinks provides that your login information
and security questions and answers shall be encrypted upon collection by Flinks and will be maintained by Flinks
for the exclusive purpose of ensuring that your personal information collected through the Service is up to date
for use by Canada Drives Group. In addition, Flinks provides that it will not, for any reason, share or otherwise
communicate to Canada Drives Group your login information and/or any of your security questions or related
(d) Third Party Accounts: By using the BVS Website and the Flinks Service, you authorize Canada Drives Group
and Flinks to access third party sites designated by you, on your behalf, to retrieve information requested by
you, and to register for accounts requested by you. For all purposes hereof, you hereby grant Canada Drives
Group and Flinks a limited power of attorney, and you hereby appoint Canada Drives Group and Flinks as your
true and lawful attorney-in-fact and agent, with full power of substitution and re-substitution, for you and in
your name, place and stead, in any and all capacities, to access third party Internet sites, servers or documents,
retrieve information, and use your information, all as described above, with the full power and authority to do
and perform each and every act and thing requisite and necessary to be done in connection with such activities,
as fully to all intents and purposes as you might or could do in person, as required to provide you the Flinks
Service. You acknowledge and agree that when a Canada Drives Company or Flinks accesses and retrieves
information from third party sites, the Canada Drives Company and Flinks are acting as your agent, and not the
agent or on behalf of the third party. You agree that third party account providers shall be entitled to rely on
the foregoing authorization, agency, and power of attorney granted by You. You understand and agree that the
Flinks Service is not endorsed or sponsored by any third party account providers accessible through the Flinks
(e) Disclaimer of warranties: You expressly understand and agree that:
(i) Your use of the Flinks Service and all information, products and other content (including that of third
parties) included in or accessible from the Flinks Service is at your sole risk. The Flinks Service is provided
on an “as is” and “as available” basis. Canada Drives Group and Flinks expressly disclaim all warranties
of any kind as to the Flinks Service and all information, products and other content (including that of
third parties) included in or accessible from the Flinks Service, whether express or implied, including,
but not limited to the implied warranties of merchantability, fitness for a particular purpose and noninfringement.
(ii) Canada Drives Group and Flinks make no warranty that: (1) the Flinks Service will meet your
requirements; (2) the Flinks Service will be uninterrupted, timely, or error-free; (3i) the quality of any
products, services, information, or other material purchased or obtained by you through the Flinks
Service will meet your expectations; or (4) any errors in the technology will be corrected.
(iii) Flinks in its discretion may suspend or revoke your access to or use of the Flinks Service.
(iv) Any material downloaded or otherwise obtained through the use of the Flinks Service is done at your
own discretion and risk and you are solely responsible for any damage to your computer system or loss
of data that results from the download of any such material. No advice or information, whether oral or
written, obtained by you from any Canada Drives Company or Flinks through or from the Flinks Service
will create any warranty not expressly stated in these terms.
(f) Limitation of liability: Notwithstanding anything to the contrary in these Terms, you agree that neither
any Canada Drives Company, Flinks, nor any of their affiliates or subsidiaries, account providers or any of their
affiliates will be liable for any harms, which lawyers and courts often call direct, indirect, incidental, special,
consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use,
data or other intangible losses, even if any Canada Drives Company or Flinks has been advised of the possibility
of such damages, resulting from: (i) the use of or the inability to use the Flinks Service; (ii) the cost of getting
substitute goods and services, (iii) any products, data, information or services purchased or obtained or
messages received or transactions entered into, through or from the Flinks Service; (iv) unauthorized access to
or alteration of your transmissions or data; (v) statements or conduct of anyone on the Flinks Service; (vi) the
use, inability to use, unauthorized use, performance or non-performance of any third party account provider
site, even if the provider has been advised previously of the possibility of such damages; or (vii) any other matter
relating to the Flinks Service.
(g) Indemnification: You agree to protect and fully compensate Canada Drives Group and Flinks and their
affiliates and subsidiaries from any and all third party claims, liability, damages, expenses and costs (including,
but not limited to, reasonable attorneys/legal fees) caused by or arising from your use of the Flinks Service,
your violation of these terms or your infringement, or infringement by any other user of your account, of any
intellectual property or other right of anyone.
(h) Flinks: You agree that Flinks is a third party beneficiary of the above provisions, with all rights to enforce
such provisions as if Flinks were a party to this Agreement.