Terms of Service
Certn Holdings Inc.
Effective Date: July 31st, 2018
- The Service allows landlords, property managers, employers, businesses, non-profit organizations, lenders, financial institutions and insurance companies (the “Clients”) to screen applicants, tenants, employees, contractors, borrowers, or insured (collectively the “Applicants”).
- “Third-Party Reporting Agencies” may include, but are not specifically limited to, credit bureaus, government agencies, police, news publications, public court databases, social media, verification of your education, employment history, etc. Typical screening may include ordering information from Third Party Reporting Agencies and sharing credit reports, financial transaction history, criminal record reports, motor vehicle record reports, social and behavioral profiles, as well as, public record checks of Applicants on behalf of Clients.
- Certn allows Clients to view a Certn Report from Applicants using the Service in the form of a comprehensive report (the “Certn Report”), which measures multiple variables including but not limited to credit reports, criminal record reports, motor vehicle reports, public profiles, behavioral analysis reports and public record checks.
- Certn may host a Clients online screening application form, which allows Applicants to fill out an application form. The Applicant is then screened. Certn then provides Clients with a Certn Report on the Applicant.
- The Client is required to enter into a written contract directly with Certn or one of our API Partners.
- Certn is a screening service that is independent from and not affiliated with or related to any of the Clients. We are not an agent for and we do not represent any of the Clients. Applicants agree to make their own independent inquiries on the Clients and it is the Applicant's’ responsibility to seek any legal or other advice that you may deem necessary before entering into any relationship with any of the Clients.
- Certn provides a Service that assists Clients with the screening process. All decisions regarding the suitability or acceptability of an Applicant is solely within the discretion of the Client. Certn is not responsible for the outcome of any application made by the Applicant and provides no guarantees whatsoever that the Applicant will be accepted by the Client once an application is completed. In the event of a Client and Applicant dispute, the Service is not liable for any faults.
- You must provide your full legal name, a valid email address, and any other information requested in order to complete the signup process. You are also responsible for keeping your email address up to date, so we can send you important notices.
- You are responsible for keeping your password and account secure.
- You are responsible for the accuracy of everything that is submitted under your account.
- If you wish to cancel your account, you must do so via the Service web site, or contact us directly. If you choose to cancel your account, you might be asked to provide information to prove your identity.
- Certn may, in its sole discretion, permit you to post, upload, publish, submit or transmit content through the Services (“User Content”). You hereby grant Certn a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use, copy, license, sublicense, display, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit such User Content throughout the world to provide the Services and for the purposes for which you submit such User Content, including for Certn to transmit dispute or rehabilitation information to third parties who have requested reports about you. You acknowledge and agree that you are solely responsible for all User Content that you submit through the Services.
- Certn’s Applicant screening features are designed to help Clients find the most suitable Applicants; neither they nor any other aspect of the Service are intended to create any kind of contract or other legal obligation between a Client and an Applicant. Certn’s application form is not a loan, rental or lease agreement, employment agreement or contractor agreement. A loan, rental or lease agreement, employment agreement or contractor agreement SHOULD be signed directly between the Client and Applicant.
- You must be at least 18 years old to use Certn. If you are under 18 years old, then you may not use the Services on our Site.
- Certn is currently available for Applicants from Canada and the United States.
- You represent that you will not use, or attempt to use, the Site or Services for unauthorized purposes (e.g. to obtain information related to criminal record report on someone other than you or to request an unauthorized criminal record report).
- You agree to NOT (i) copy, distribute, rent, lease, lend, sublicense or transfer the Services, or make the Services available to any third party, including your affiliates, parents or subsidiaries, without Certn’s express prior written consent; (ii) modify, decompile, reverse engineer, or disassemble the Site or Services or otherwise attempt to discover any underlying source code, ideas, algorithms, file formats or programming interfaces; (iii) create derivative works based on the Services; (iv) modify, remove, or obscure any copyright, trademark, patent or other notices or legends that appear on the Services; or (v) use the Services to develop a competitive product offering.
- You may not use the Service for any illegal purpose. You may not, in using the Service, violate any laws in your jurisdiction or ours, or infringe the rights of anyone. You may not use the Service as part of any fraudulent scheme or transaction. If we have reason to suspect your account has been used for an unauthorized or illegal purpose, you AGREE that we may share information about you, your account, and any of your transactions with law enforcement agencies. You further AGREE that we may disclose such information as may be reasonably required to comply with any applicable law, regulation, court order or legal process.
- You will NOT misrepresent yourself, your identity, or other information about you while accessing Certn’s Site and/or Services.
- We reserve the right to modify or terminate the Service for any reason, without notice, at any time.
- All intellectual property rights in connection with the Site and Services shall be owned by Certn absolutely and in their entirety. These rights include database rights, patents, copyrights, trademarks (whether registered or unregistered), trade secrets, design rights (whether registered or unregistered) know-how, mask works, moral rights, and all similar rights that may exist now or later in any jurisdiction, including without limitation any applications and registrations for the foregoing, and the Certn name, logos, designs, domain names, graphics, icons, scripts, service marks, features, functions, text, graphics, button icons, scripts, service marks, images, software, data compilations and other distinctive brand features, and the compilation and organization thereof (collectively, “Intellectual Property Rights”).
- Use of the Service does not give you ownership of any intellectual property rights in the Service or anything related to or connected with the Service including the Certn Report, any third-party credit reports, criminal record reports, motor vehicle record reports or public record check reports.
- All such Intellectual Property Rights are and will remain the exclusive property of Certn and its subsidiaries, affiliates, partners and licensors, and are protected by Canadian and international laws, including laws governing copyrights and trademarks. And except as explicitly provided herein, or as required under applicable law, nothing in these Terms gives you a right to use the Intellectual Property Rights, and neither the Services nor any portion of the Site may be used reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our express, prior written consent.
- Subject to these Terms, Certn grants you a worldwide, limited, revocable, non-exclusive license to access and use the Site and Services as they are provided to you by Certn for your personal, non-commercial use only. The License is non-transferable and non-assignable, and you shall not grant to any third party any right, permission, license or sublicense with respect to any of the rights granted hereunder without Certn’s prior written permission, which it may withhold in its sole discretion. Clients acknowledge that Certn is the owner and licensor of the Intellectual Property Rights and that their use of the Intellectual Property Rights confers no additional interest in or ownership of the Intellectual Property Rights.
- By sending us any feedback, comments, questions, or suggestions concerning Certn or our Services (collectively, “Feedback”), you represent and warrant (a) that you have the right to disclose the Feedback, (b) that the Feedback does not violate the rights of any other person or entity, and (c) that your Feedback does not contain the confidential or proprietary information of any third party or parties. By sending us any Feedback, you further (i) agree that we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (ii) acknowledge that we may have something similar to the Feedback already under consideration or in development, (iii) grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and (iv) irrevocably waive, and cause to be waived, against Certn and its users any claims and assertions of any moral rights contained in such Feedback. This Feedback section shall survive any termination of the Services.
- In connection with your use of the Services, Certn may charges certain fees (“Fees”) such as Fees when you order a report. You agree to pay all applicable Fees or charges based on the terms then in effect. Once Services have been initiated, Fees are nonrefundable. Charges will appear on your account as “Certn (Canada) Inc”. Payment processing services provided by our third-party payment processor are subject to its terms. All inquiries regarding Services and delivery of reports, including timing or delays, should be made to Certn at email@example.com.
- Credit reports and public record check functionality is provided by our third-party credit reporting agencies and may not be available for all Applicants or at all times for various reasons, including reasons beyond our control. We are not a credit bureau and do not control or verify the contents of credit reports, including reports obtained through the Service. We are NOT responsible for the contents of any credit report or any credit score, whether correct or incorrect.
- Criminal record report and motor vehicle report functionality is provided by a Third-Party Reporting Agency and may not be available for all Applicants or at all times for various reasons, including reasons beyond our control. We are not a government agency and do not control or verify the contents of criminal record reports or motor vehicle reports, including reports obtained through the Service. We are NOT responsible for the contents of any criminal record report or motor vehicle report, whether correct or incorrect.
- We are not responsible for the accuracy of anything submitted under your account to the Service.
- Each party represents and warrants to the other party that: (i) it has the full power and authority to enter into the terms and conditions of these Terms; and (ii) the Terms constitute a legal, valid and binding obligation.
- OUR SITE, INCLUDING ALL CONTENT, PRODUCTS AND SERVICES MADE AVAILABLE ON OR ACCESSED THROUGH THIS SITE, IS PROVIDED TO YOU "AS IS", WITH NO WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, NEITHER CERTN NOR ITS AFFILIATES MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER (A) AS TO THE CONTENT, PRODUCTS, SERVICES OR ANY OTHER INFORMATION AVAILABLE ON OR ACCESSED THROUGH OUR SITE OR OBTAINED BY, THROUGH OR AS A RESULT OF THE USE OF THE SERVICES, (B) THAT YOU WILL HAVE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO OUR SITE, PRODUCTS OR SERVICES, OR (C) THAT OUR SITE, PRODUCTS OR SERVICES WILL BE ERROR-FREE. IN ADDITION, CERTN AND ITS AFFILIATES DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND INFORMATIONAL CONTENT. THEREFORE, YOU AGREE THAT YOUR ACCESS TO AND USE OF OUR SITE, PRODUCTS, SERVICES AND CONTENT ARE AT YOUR OWN RISK. BY USING OUR SITE, YOU ACKNOWLEDGE AND AGREE THAT NEITHER CERTN, ITS DOMESTIC SUBSIDIARIES, NOR ITS AFFILIATES HAVE ANY LIABILITY TO YOU (WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR ACCESS TO OR USE OF OUR SITE, CONTENT, PRODUCTS OR SERVICES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), INCLUDING LIABILITY ASSOCIATED WITH ANY VIRUSES WHICH MAY INFECT YOUR COMPUTER EQUIPMENT.
- We are not responsible for knowing the applicable laws in each jurisdiction. You agree to indemnify, defend, and hold harmless us and our subsidiaries, affiliates, agents, officers and employees, and vendors (including without limitation our Third-Party Reporting Agencies and affiliates) (the “Indemnified Parties”) from any claim, suit, action, or loss arising from or relating to any claim by a third party which arises as a result of your use of the Services, including any liability or expense arising from claims, losses, damages, suits, judgments, civil or criminal fined or other penalties, litigation costs, and attorneys’ fees. You also agree to indemnify the Indemnified Parties for any loss, damages, or costs, including reasonable attorneys’ fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.
- Information you provide to us as an Applicant, including personal information, will be accessible through Certn between 3 to 7 years. If an Applicant requests that their information be deleted, it will be marked for automatic deletion to occur after the 3-year anti-fraud window passing. Otherwise, the information would be accessible up to 7 years and deleted.
- You expressly relieve Certn from any and all liability arising from your use of any third-party website, service, or content. You acknowledge and agree that Certn is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. You should carefully review the privacy policies and terms and conditions of the third-party websites you visit.
- You consent to receive any agreements, notices, disclosures and other communications (collectively, “Notices”) to which these Terms refer from us electronically including without limitation by e-mail or by posting notices on this Site. You agree that all Notices that we provide to you electronically satisfy any legal requirement that such communications be in writing.
- Unless otherwise specified in these Terms, all notices under these Terms will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or email; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.
- Written notice may be sent via first-class mail to CERTN LEGAL DEPARTMENT, 1017 FORT STREET, VICTORIA, BC, CANADA or via e-mail to firstname.lastname@example.org. You agree that we may send notices to you regarding your use of the Site by means of electronic mail, a general notice posted on the Site, or by written communication delivered either by overnight courier or Canada Post to your email or mailing address as appearing in our records from time to time.
- You may not assign any of your rights or obligations under these Terms without the prior written consent of Certn. Subject to the foregoing, these Terms inure to the benefit of and is binding on the parties’ permitted assignees, transferees and successors. Any attempted assignment in violation of this clause is void.
- Certn will not be responsible for any failure or delay in its performance under this Agreement due to causes beyond its reasonable control, including, but not limited to, labor disputes, strikes, lockouts, internet or telecommunications failures, shortages of or inability to obtain labor, energy, or supplies, war, terrorism, riot, acts of God or governmental action, acts by hackers or other malicious third parties and problems with the Internet generally, and such performance shall be excused to the extent that it is prevented or delayed by reason of any of the foregoing.
- The parties are independent contractors. Nothing contained in these Terms shall be construed as creating any employment, agency, partnership, franchise, joint venture, or other form of joint enterprise or authority to bind the other party. There are no third-party beneficiaries to these Terms. If any provision is found unenforceable, it and any related provisions will be interpreted to best accomplish the unenforceable provisions essential purpose. Any waiver of a provision of these Terms will only be valid if provided in writing and applies only to the specific occurrence so waived. Failure to enforce any provision will not constitute a waiver. Nothing in these Terms will limit a party’s ability to seek equitable relief. Section headings are not to be used in the interpretation hereof.
Restrictions of Use:
Intellectual Property & Limited License:
Accuracy of Information:
Warranties & Disclaimers:
Limitation of Liability:
Notices and Consent to Receive Notices Electronically:
Authorization for Background Check & Certain Rights Under the FCRA:
The Services may allow you to request a copy of your background check or background reports about you. By requesting a copy, you authorize Certn and its Third Party Reporting Agencies to use the information you provide to us for purposes of conducting background checks and producing reports. You agree that Certn has no obligation to monitor or edit the information you submit to us and that you are solely responsible for the completeness and accuracy thereof.
By requesting a copy of your background check, you further acknowledge receipt of and certify that you have reviewed and fully understand the following three statutory notices:
Summary of Your Rights Under the Fair Credit Reporting Act (16 C.F.R. Part 601) located at http://files.consumerfinance.gov/f/201504_cfpb_summary_your-rights-under-fcra.pdf
Remedying the Effects of Identity Theft located at http://files.consumerfinance.gov/f/201410_cfpb_summary_remedying-the-effects-of-id-theft-fcra.pdf
Notice to Users of Consumer Reports (16 C.F.R. Part 601) located at https://www.gpo.gov/fdsys/pkg/CFR-2012-title12-vol8/pdf/CFR-2012-title12-vol8-part1022-appN.pdf
Nothing in these Terms shall affect your right: a) access certain information in your file by contacting us, or b) to notify us and request that we investigate information in your background check that you believe is inaccurate or incomplete, each as provided in 15 U.S.C. §§ 1681c-1, 1681g, and 1681i, of the FCRA.
Additional Property Management Terms:
- You understand that you may be required to show proof of tenant insurance before the Client releases the keys to you.
- In applicable jurisdictions, you understand that last month’s rent deposit is not refundable.
- You consent to the check of credit information and to the disclosure of any information, to any person with whom you have or propose to have financial relations with.
- You authorize the Client and its agents to exchange your personal information for collection or legal matters.
- You authorize the Client and/or its agents to review my personal credit file in conjunction with this application.
- You authorize the Client and its agents to exchange your personal information on an ongoing basis with Credit Bureaus and permit such organizations to verify your personal information in order to protect you, ensure the completeness of the information and maintain the integrity of the credit granting system, and to co-operate with local, provincial and national authorities in the investigation of unlawful or improper activities in order to protect you and us from fraudulent transactions.
- You authorize Certn, the Client and/or its agents to register your successful or unsuccessful tenancy with the National Tenancy Registry for the purposes of rental history verification.