Terms of Use

TERMS OF USE
(Latest Update: March 28, 2023)

 

1. Introduction, Acceptance, Definitions, and Modifications

Welcome to Trustii. We hope that you will appreciate using our “Services”, which may be visiting our “Website” at www.trustii.co or any subdomain there of or using our “Web Application”, which refers to the online application available to “Requesting Users” and “Candidates” and which is accessible via our Website or via a unique online link that we will provide to you by email or text message (SMS). The Web Application allows the Requesting Users to send a verification request to the Candidates of their choice, who will then be required to fill out a “Questionnaire” to provide the necessary information to continue the rental or hiring process. The Requesting Users using our Web Application are customers of Trustii’s background verification services. Some Requesting Users of our Web Application have signed a separate service agreement with Trustii setting out the terms of such relationship (the “Service Agreement”). The information gathered from the Questionnaire allows us to generate “Reports” on the Candidates. These Reports are sent to the Requesting Users in order to assist them in making a decision regarding the selection of a Candidate. Our Website provides general information about our purpose, our values, our products and our team. The Website and Web Application can be accessed on any device with a web browser.

 

By visiting the Website, interacting with the Web Application, using the Services in any way, you hereby accept to be bound by these Terms of Use (“TOU”) without any reservations, modifications, additions or deletions. If you do not agree to all the provisions contained in the TOU, you are not authorized to use the Services or to respond to a Questionnaire. The TOU are a legal and binding agreement between you and us.

 

The Website, Web Application and Services are owned and operated by Trustii Technologies Inc., a corporation located in Montréal, Canada at the address listed below. Where the present TOU refer to “Trustii” they may refer to Trustii Technologies Inc. and / or its affiliates, and their respective shareholders, officers, directors, employees, agents, partners, principals, representatives, successors and assigns (collectively “Representatives”), depending on the context. Any reference to “we”, “our”, or “us” in these TOU shall also refer to Trustii and / or its Representatives. In these TOU, a Candidate or any Website visitor may be referred to as “you” or “your”,as applicable.

 

Trustii reserves the right, at any time and without prior notice, to modify or replace, in whole or in part, the Policy. Any changes to the Policy can be found at the URL. It is your responsibility to check the Policy periodically for changes. You can always find the date of the most recent version or the Policy at the top of this page. Your use of the Services following the posting of any changes to the Policy constitutes acceptance of those changes. If there are any significant changes to the Policy that materially affect the way we treat your information, we will use commercially reasonable efforts to notify you by sending a notice to your email address if you have provided us with your email via the Services.

 

Trustii reserves the right, at any time and without prior notice, to modify or replace, in whole or in part, any of the TOU. Any changes to the TOU can be found at this URL. It is your responsibility to check the TOU periodically for changes. You can always find the date of the most recent version of our TOU at the top of this page. Your use of the Services following the posting of any changes to the TOU constitutes acceptance of those changes. If we make any substantial changes to the TOU that materially affect your legal relationship with Trustii, we will use commercially reasonable efforts to notify you by sending a notice to your email address if you have provided us with your email via the Services and/or by posting a prominent notice on the Website.

 

Additional definitions shall be made throughout these TOU, but they will be recognizable as they will be capitalized, bolded, and in quotation marks. Additional definitions may also be found in the Privacy Policy and will have the same meaning in these TOU as they do there. The definitions found in these TOU shall also apply to the Privacy Policy. Both the TOU and the Privacy Policy govern your use of the Services.

 

2. Contacting Us

If you have any questions about the TOU, please contact:

Trustii Legal Services

[email protected]

or:

Trustii Technologies Legal Services

465 McGill St. #700

Montréal, Québec, H2Y 2H1

Canada

 

If you have any questions regarding the Services, please contact [email protected].

 

3. General Code of Conduct for Use of the Services

In addition to the more specific rules found elsewhere in these TOU, you agree that by interacting with the Services in any way, you agree to:

 

• Not use the Services in any manner that in any way violates these TOU or any other applicable policy posted on or in the Services by Trustii;
• Not use the Services in any manner that violates any intellectual property rights of Trustii or any third party;
• Not use the Services in any manner to propagate spam, including, but not limited to, unsolicited advertising or bulk electronic mail or messages, including to link to a spam or phishing website;
• Not use the Services in any manner to propagate software viruses, Trojan horses, worms, or any other malicious or non-malicious computer code, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment in any form whether belonging to Trustii or a third party, or to damage or obtain unauthorized access to any system, data, password or other information (whether personal data or not) of Trustii, other Services users or any other third party;
• Not: (1) take any action that imposes or may impose (as determined by Trustii in its sole discretion) an unreasonable or disproportionately large load on Trustii’s (or its third party providers’) infrastructures; (2) interfere or attempt to interfere with the proper functioning of the Services or any activities conducted on or via the Services; (3) bypass any measures Trustii may use to prevent or restrict access to the Services or any element thereof; (4) use manual or automated software, devices, or other processes to “crawl” or “spider” any page or portion of the Services; or (5) harvest or scrape any content from the Services in an unreasonable manner;
• Not take any action or use any process that removes, modifies, disables, blocks, obscures or otherwise impairs any advertising or other promotions in connection with the Services;
• Not use the Services to in any way collect information (whether personal information or not) of any third party or in violation of our Privacy Policy, other than as permitted by the normal functioning of the Services;
• Not use the Services to advertise or promote products or services that are not expressly approved in advance in writing by Trustii, or as permitted by these TOU;
• Not interfere with any third party’s use or enjoyment of the Services;
• Not do anything or encourage conduct that would constitute a criminal offense or give rise to civil liability, or is any way unlawful, illegal, fraudulent or harmful to any third party;
• Not attempt to do any of the foregoing prohibitions;
• Use the Services in good faith, and in compliance with all applicable local, provincial or state, national, and international laws.

 

4. Description of the Questionnaire Process and the Relationship between Requesting Users and Candidates

As a Candidate, you will receive a Questionnaire from Trustii when you have provided your Contact Information to a Requesting User using our background verification services. The Requesting User will input your Contact Information to the Web Application and will send you the Questionnaire to fill in. You will receive either an email or a text message (SMS) with a link to access the Web Application and to fill in the Questionnaire. The Questionnaire will identify the Requesting User, i.e. either a landlord (or their representative) of a rental property or an employer (or their representative) seeking to fill a vacant position, as well as some of the specifics of the rental property or vacant position you are applying for.

 

The Questionnaire collects your Personal Information, as described in our Privacy Policy. By submitting Personal Information through the Questionnaire, you represent and warrant that the Personal Information is true and accurate to the best of your knowledge. Submitting false or misleading Personal Information may result in a Requesting User using that information when selecting a tenant for its residential rental property or for an employer to fulfill a vacant position.

 

With some exceptions, you must answer all questions on the Questionnaire. You may omit the question that asks for your SIN as well as those that are only useful for statistical purposes and are thus shown as such on the Questionnaire. Otherwise, if you do not wish to answer a question, you cannot complete the Questionnaire. It is possible that a failure to complete the Questionnaire may result in a Requesting User choosing not to select you. However, Trustii is not involved whatsoever in the rental or hiring processes and we cannot confirm or deny this possibility.

 

As described in our Privacy Policy, the Questionnaire requires you to provide the names and contact details of your manager and your current landlord, as may be required. In filling out the Questionnaire, you represent and warrant that you have informed your manager and/or your landlord that you will be providing their personal information to Trustii and that you have obtained their consent to do so.

 

As described in our Privacy Policy, the Questionnaire requires you to provide certain Personal Information in order to allow Trustii to access your credit report, conduct a criminal background check, determine whether you have been the subject of any cases before Québec’s Tribunal administratif du logement and access your banking records, all for the purposes described in the Privacy Policy.

 

Once we have received all of a Candidate’s responses to the Questionnaire, we prepare a “Report” based on these answers that we provide to the Requesting Users. The treatment and description of the Candidate’s Personal Information in the Report is described in the Privacy Policy. We do not provide Candidates with a copy of their individual Reports. You can see an example of what the Report looks like on the FAQ page, along with responses to other common questions that you may have about the Services and the Questionnaire.

 

Our responsibility to Requesting Users is limited to providing them with Reports based on Questionnaires that they have sent out to Candidates. Trustii and / or its Representatives has no role whatsoever in the Requesting Users’ decision process related to the selection of any Candidate.

 

Without limiting the generality of the Disclaimer of Warranties section further in these TOU, Trustii and / or its Representatives are not responsible for any Requesting User’s actions or decisions with respect to any Candidate. The decision of a Requesting User to select or not to select a Candidate lies solely with the Requesting User in question. Trustii shall not be responsible for the actions or decisions of any Requesting User, nor shall Trustii be responsible for any loss or damage, pecuniary or otherwise, resulting from a Requesting User’s decisions and their impacts on any Candidate and Trustii disclaims any responsibility in this regard.

 

5. Proprietary Rights

 

• Intellectual Property Rights

You acknowledge that: (a) the Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws, and (b) Trustii, its Representatives and/or third parties (via license) own all right, title and interest in and to the Services and content that may be presented or accessed through the Services, including, without limitation, all Intellectual Property Rights therein and thereto.  All rights not specifically granted under these TOU are reserved to Trustii and its licensors. “Intellectual Property Rights” means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide, whether registered or not.

 

You agree that you will not, and will not allow any third party, to: (i) copy, sell, resell, license, distribute, transfer, modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from, the Services, or content that may be presented or accessed through the Services for any purpose, unless otherwise permitted by these TOU or the functionalities of the Services; (ii) take any action to circumvent or defeat the security deployed or enforced by any functionality contained in the Services; (iii) “frame” or “mirror” the Services or the content of the Services on any other server or internet-enabled device; or (iv) remove, obscure, or alter Trustii’s or any third party’s copyright notices, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Services.

 

The content, arrangement and layout of the Services, including but not limited to the trademarks, photos, logos, videos, audio, images, text (in the form of plain text, HTML, or PDFs) and Computer Code are proprietary to Trustii, either owned or under license, and may not be copied, imitated, reproduced, displayed, distributed, transmitted, decompiled or otherwise used without the express permission of Trustii, or as permitted by the functionality of the Services or these TOU.  Any unauthorized use of the content, arrangement or layout of the Services, Computer Code, images, logos, videos, audio or trademarks found on the Services or any portion of or derivative works thereof may violate civil or criminal laws, including but not limited to intellectual property laws, and Trustii may take action accordingly.

 

The above paragraph further applies to third party property used as part of the Services, including but not limited to third party Computer Code.  For the purposes of the present section, “Computer Code” includes but is not limited to source code in any programming language, object code, frameworks, templates, modules, or any similar files, and related documentation.

 

• Submitted Information

If you choose to communicate to Trustii (via any means) suggestions for improvements to the Services or any idea or proposal related to Trustii or its businesses or properties (collectively, “Feedback”), Trustii shall own all right, title, and interest in and to the Feedback and will be entitled to use the Feedback without restriction. You hereby irrevocably assign all right, title and interest in and to the Feedback to Trustii and waive in favor of Trustii, its successors and assigns all your moral rights in the Feedback; and agree to provide Trustii such assistance as Trustii may require to document, perfect, and maintain Trustii’s rights to the Feedback. You acknowledge and agree that, by providing any Feedback to Trustii, you are not entitled to any compensation or reimbursement of any kind from Trustii under any circumstances.

 

6. External Links

From time to time, Trustii may provide links to other websites or services. Links from the Services may take you to websites or services not covered by these TOU. When you access third party resources on the internet in this manner, you do so at your own risk. Trustii provides those links as a convenience to you and Trustii takes no responsibility for your use of those other websites or services or protection of your privacy (including collection of your personal information) on those other websites or services. We encourage you to carefully review the terms of use and privacy policies of any Third-Party Website you access. Trustii does not make any claim or warranty whatsoever about the content of those websites or services to which we link, or any products or services available through those websites or the third parties operating those websites.

 

In no way will Trustii be held responsible for any damages, direct or indirect, pecuniary or non-pecuniary: (1) for your use of websites or other services that may be linked to from the Services or the information thereon; (2) for any virus, malware or other similar destructive file received as a result of your use of those websites or services; (3) caused by or in connection with, use of or reliance on any content, or products or services (whether free or for purchase) available on or through any linked-to website or service; or (4) for the actions of the operators of any such website or service.

 

7. Interruption of Service

From time to time, the Services (or any portion thereof) may be unavailable for brief periods of time for maintenance and / or modifications to the Services. While we will endeavour to make this unavailability as brief as possible, Trustii and its Representatives shall not be held liable for any losses or damages, pecuniary or non-pecuniary, resulting from the interruption of the normal functioning of the Services, and disclaims any responsibility thereto.

 

8. Termination of the TOU and Access to the Services

You agree that Trustii, in its sole discretion, with or without cause, has the right (but not the obligation) to block your IP address or otherwise terminate your access to or use of the Services (or any part thereof), immediately and without notice, if Trustii believes that you have acted inconsistently with the letter or spirit of the TOU or the Privacy Policy, or have violated any other posted policy.

 

Trustii may also, in its sole discretion and at any time, discontinue providing the Services, or any part thereof, with or without notice. You agree that Trustii and its Representatives shall not be liable to you or any third party for any losses or damages, pecuniary or non-pecuniary, resulting from termination of your access to the Services, or from Trustii’s termination of the Services or any part thereof.

 

Termination of the Services or your access to the Services shall terminate the present TOU as between you and Trustii. All provisions of these TOU which by their nature should survive termination of these TOU shall survive termination, including, without limitation, the intellectual property provisions, disclaimers, indemnity and limitations of liability.

 

9. Disclaimer of Warranties

You expressly understand and agree that your use of the Services, the information thereon (whether provided by Trustii or third parties) or any activity arising from your use of the Services or the information thereon or the materials downloaded therefrom is at your sole risk. The Services, any materials downloaded therefrom, or any third party materials, are provided on an “as is” and “as available” basis, and you will be solely responsible for any damage or loss of data that results from the download, stream or access of any material obtained through the use of the Services or any other functionalities of the Services, or losses or damages (financial or otherwise) resulting from your use of the Services, the information thereon, any materials downloaded therefrom, or any activity arising from the use of the Services, the information thereon or any materials downloaded therefrom.

 

The information or resources provided through the Services, written or produced by Trustii staff, freelance writers or other subcontractors hired by Trustii are expected to be as accurate as possible at the time of writing or production, and every effort has been made to ensure that the information from the Services is as accurate and up-to-date as possible. However, certain information may change, and errors or omissions may occur. Trustii and its Representatives shall not be responsible for any loss or damage, financial or otherwise, resulting from changes or errors in information, or any omission, on the Services or the information thereon, or your reliance on such information whether the information is correct or not.

 

Trustii expressly disclaims all warranties of any kind, whether express or implied, including but not limited to: warranties of title and non-infringement; warranties that the Services, the information thereon or any materials downloaded therefrom, and any third-party materials will be uninterrupted, error-free, accurate, reliable and free from viruses and other harmful components; and the implied warranties of merchantability and fitness for a particular purpose. Trustii, its affiliates and their respective Representatives, do not warrant that: (i) the Services will be secure or available at any particular time or location; (ii) any defects or errors or omissions will be corrected; (iii) any content (whether provided by Trustii or third parties) available at or through the Services is free of viruses or other harmful components; or (iv) the results of using the Services or any content downloaded will meet your requirements.

 

Some of the content displayed on the Services may include elements that belong to or are provided by third parties. You acknowledge that Trustii assumes no responsibility for such content.

 

To the extent that the law does not permit a disclaimer of warranties, all content accessible on the Services and all operations on the Services are warranted only to the minimum amount legally required.

 

10. Limitation of Liability

In no case will Trustii or its Representatives or licensees be liable for any indirect, special, consequential, exemplary, punitive damages or other damages, or for any losses, damages, liabilities, costs and expenses arising out of or relating to (i) your access, use, misuse or inability to access or use the Services, or (ii) the interruption, suspension or termination of any part of or all the Services; and in both cases (i) and (ii), regardless of the cause of action (whether in contract, warranty, delict, quasi-delict, tort, negligence, strict liability or any other theory of liability) and even if we have been advised of the possibility of such damages. Notwithstanding anything to the contrary in the TOU, in no event will our aggregate liability for any claims in connection with your use of the Services exceed $100.

 

You expressly understand and agree that Trustii or its Representatives or licensees shall not be liable for any direct, indirect, incidental, special, consequential, punitive or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses, in contract, tort, strict liability, negligence, general civil liability or any other cause of action under legal or equitable theories, relating to the Services, the information on the Services, your use of the Services, activities arising from your use of the Services, any third party materials on the Services or any materials downloaded from the Services. This limitation of liability applies, without limitation, to any damages or injury caused by any error, omission or other failure of performance by Trustii or its Representatives; any interruption, defect or delay in operation or transmission, including communication line failure; any computer virus; and any theft, destruction or alteration of, or unauthorized access to or use of, any electronic records.

 

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above exclusions and limitations may or may not apply to you.

 

11. Indemnity

Notwithstanding any other term of the TOU or any act or failure to act by Trustii or its Representatives, you agree to indemnify, defend and hold harmless Trustii and its Representatives where applicable, from and against any damages, liabilities, costs and expenses (including attorneys’ fees), claims or demands, arising out of: (i) your use of or connection to the Services, the information thereon, the information downloaded therefrom; (ii) your participation in any activities arising from the Services, the information thereon or information or materials downloaded therefrom; (iii) your violation of, or failure to perform your obligations under the TOU or the Privacy Policy; or (iv) your violation of any rights of a third party.

 

12. Governing Law and Applicable Jurisdiction

These TOU and your use of the Services shall be governed by and construed in accordance with the laws of the Province of Québec, Canada and the federal laws of Canada applicable therein, without regard to conflict of law provisions. You agree that any legal action or proceeding between you and Trustii shall be brought exclusively in the courts located in the judicial district of Montréal, Canada. Notwithstanding the foregoing, Trustii shall have the right to bring action against you in any court of competent jurisdiction in the jurisdiction in which you reside or are located: (i) to seek injunctive relief against you; (ii) to obtain a judgment against you where a judgment by the Montréal court will, or may not be, enforced by the jurisdiction in which you reside or are located; or (iii) to enforce in your jurisdiction a judgment obtained against you in the Montréal court.

 

13. Miscellaneous Provisions

• The TOU, in conjunction with the Privacy Policy, constitutes the entire agreement between you and Trustii with respect to your use of the Services, superseding any prior agreements between you and Trustii.
• Trustii shall not be liable for any failure to perform its obligations under the present TOU where such failure results from any cause beyond Trustii’s reasonable control, including, but not limited to, mechanical, electronic or communications failure or degradation, or any force majeure event.
• If any provision of the TOU or Privacy Policy is found by a court of competent jurisdiction to be invalid, you and Trustii nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOU or Privacy Policy, as the case may be, shall remain in full force and effect.
• The failure of Trustii to exercise or enforce any right or provision of these TOU does not constitute a waiver of such right or provision, which will still be available to Trustii.
• The section titles in the TOU and Privacy Policy are for convenience only and have no legal or contractual effect.
• The parties acknowledge having expressly required that these TOU and the Privacy Policy are to be drawn up in the English language. Les parties aux présentes reconnaissent avoir expressément exigé que les présentes Conditions d’utilisation et la Politique de confidentialité soient rédigées en anglais.