By using the neocredit.ca website and platform (collectively, the “Platform”) and its related transactional pages and services (collectively, the “services”), you accept these General Conditions of Use (the “General Conditions”), the Rent Trust Terms and our Privacy Policy, which are subject to change without notice. Furthermore, you agree to consult NeoCredit’s General Conditions, Rent Trust Terms and Privacy Policy from time to time and acknowledge that your continuing use of the Platform or the purchase and/or use of NeoCredit’s services through the Platform means that you have accepted any changes that may have been made. These General Conditions have been translated into and are available in French. In case of inconsistencies, the official English version shall prevail over the French version.

For the purposes hereof, the terms “NeoCredit”, “we,” “us,” and “our” mean the web platform neocredit.ca and Neocredit Inc. (doing business under the name “NeoCredit” or “Rent Trust”) , a company with its head office located at 73 rue Omer-Daigneault, Mercier (Québec) J6R 0K5 Canada.

For greater clarity, in NeoCredit’s General Conditions, Rent Trust Terms and Privacy Policy, the term "services", when referring to those offered by NeoCredit, include NeoCredit’s Rent Trust service whereby NeoCredit acts as an intermediary between landlords and consumer credit reporting agencies in order to factor in your credit rating your rent payment history. NeoCredit does not provide credit rating services but rather acts as an intermediary between Platform users and third party consumer credit reporting agencies, as well as other business partners, acting as independent contractors.

Disclaimer of Warranty

We make every effort to ensure that the information on the Platform is reliable when published. Despite our best efforts, we cannot guarantee that the information is accurate or complete, free from error or omission, or that it is up-to-date at all times. We cannot guarantee that the Platform will be accessible at all times, without interruption, or that it will be free from errors. We shall not be held responsible for any damages that may result from the inaccessibility of the Platform, or from any difficulties that you may experience while you access it, including: an interruption of service; a network failure; the malfunction of any equipment, computer hardware or software; or any faulty, incomplete, incomprehensible or deleted transmission, whether or not such difficulties have been brought to our attention. In general and without limiting the specific cases of limitation of liability mentioned above, and notwithstanding any provisions to the contrary, we shall not be held responsible for any damages that may result from or relate to the Platform and/or its contents.

Termination of the Platform and/or Services

We reserve the right to suspend, and/or terminate, at any time, without warning, full or partial access to: the Platform, including your account and any of the transactional pages and any of our pages accessible through certain social media websites, as well as our services. We additionally reserve the right to discontinue uploading information to such sites, in which case we shall not be held responsible for any damages that you may incur. All information on the Platform is subject to change without prior notice.

Hyperlinks

The Platform contains hyperlinks that may direct you to the websites of our other service providers or third parties (including consumer credit reporting agencies such as Equifax® or internet payment services such as StripeTM and Plaid Inc.). The fact that the Platform offers links to other websites does not mean that we endorse or approve the content of these websites or the products, services or publications that may appear thereon. The content available through these hyperlinks is not subject to our policies. Therefore, we shall not be held responsible for any damages that you may incur when you are redirected to another website by way of a hyperlink.

Your Use of the Platform

The Platform and NeoCredit’s services are made available to you and provided exclusively for your personal and non-commercial use. You cannot use the Platform in a manner that competes with NeoCredit's activities.

You are prohibited from and agree not to submit to the Platform any information that is inappropriate, obscene, or fraudulent. You are also prohibited, and you agree to refrain from transmitting or submitting to the Platform any information that you know to be false or misleading. You are prohibited from and you agree not to engage in any activity related to the use of the Platform that constitutes a criminal offence, unlawful action or violation of NeoCredit's General Conditions, Rent Trust Terms or Privacy Policy.

NeoCredit will automatically and without notice suspend your access to the Platform and to its services if NeoCredit has reasonable grounds to believe that your use of the Platform constitutes or is related to any criminal activity, unlawful act, violation of NeoCredit’s General Conditions, Rent Trust Terms and Privacy Policy, or attempt to do the foregoing. NeoCredit also reserves the right to transmit automatically and without notice any information that NeoCredit deems relevant (including personal information) to the appropriate authorities to prevent or stop any criminal or unlawful act.

Your NeoCredit Account

Access the Platform and using its basic features and functionalities do not require the creation of a personal user account. You can browse the Platform and interact with certain services and tools and obtain information about NeoCredit and its services without creating a user account. However, using advanced features and functionalities of the Platform, including subscribing to some of NeoCredit’s services (such as the Rent Trust service) do require the creation of a personal user account. If you do not have a user account but you select a feature or functionality that does require a user account, such as subscribing to a service, the Platform will direct you to the subscription page. Irrespective of the features and functionalities you are using or the type of account you select, your access and use of the Platform are subject to these General Conditions.

To subscribe to some of NeoCredit’s services (such as the Rent Trust service), you must register and create a personal user account. You must be at least 18 years old to register and create an account. You will need to submit to NeoCredit personal information such as your name, personal address, your work email address, phone number and age as well as register a valid credit card, as well as a copy of your lease. Your account information must be true, accurate, complete and up-to-date at all times. Otherwise, your access to your account may be suspended or terminated automatically and without notice.

You understand and agree that you are responsible for maintaining the confidentiality of the passwords associated with your account. You agree that you will be solely responsible for activities that occur under your account. If you become aware of any unauthorized activity, including criminal or illegal activity, you agree to notify NeoCredit immediately at the following e-mail address: [email protected].

Subscription and Payments

The Platform can be accessed for free, but advanced features and functionalities of the Platform, including subscribing to some of NeoCredit’s services (such as the Rent Trust service), require a paying subscription.

When you create your account with NeoCredit on the Platform, you will be asked to chose what subscription you want. By selecting a subscription, you agree to pay the subscription fee that comes with the selected subscription in accordance with the payment terms set forth on the Platform and in these General Conditions. By subscribing, purchasing or using services through your user account, you agree to these General Conditions and the specific terms and conditions pertaining to such service and are personally responsible for paying all applicable fees and taxes in full in accordance with the General Conditions, the specific terms and conditions pertaining to such service and applicable laws. By making a purchase on the Platform, you represent and warrant that you are of legal age to enter into an enforceable contract in the jurisdiction where you reside.

You can cancel your subscription to a services purchased on the Platform within 30 days of the transaction. We will refund the fees paid for that services or package, minus any and all fees, charged and taxes imposed on your purchase, including the fees charged by our payment processor and other partners. Cancellation and refunds are not available after the expiry of the foregoing 30-day period.

Rates and availability are subject to change without notice. The errors found will be corrected quickly after being brought to our attention. Your purchase of subscription and services s via the Platform is subject to the General Conditions, the specific terms and conditions pertaining to the applicable services and the Privacy Policy.

You can pay for your transaction using a credit card issued in Canada by Visa™, MasterCard™ or American Express™. The subscription and services retained via your account are paid for using the credit card applicable to your account or by pre-authorized debit directly from your bank account when payment is due. In accordance with applicable laws, the applicable sales taxes will be applied to transactions carried out by you on the transactional pages of the Platform. Billing will be conducted at the time of the online purchase.

Once your transaction is finalized, we verify the validity of the information you have provided us, including your payment method. We reserve the right to stop the transaction without any obligation to provide justification. If we stop your transaction, we will notify you by e-mail to the address you provided us.

Once your transaction is finalized and validated, NeoCredit sends you a confirmation e-mail detailing all the terms and conditions applicable to the services retained and rendered. This confirmation e-mail constitutes a copy of the contract. It contains the description of the transaction performed and all the terms and conditions applicable to the services.

License and Intellectual Property

Subject to these General Conditions and the terms of your subscription, NeoCredit grants you a non-exclusive, non-transferable, non-sublicensable license to access and use the Platform and the services. The Platform and the services are made available to you for your personal and non-commercial use (you cannot sell or re-sell your rights to access and use the Platform and the services).

The Platform and the services are licensed, not sold. NeoCredit and its licensors own and shall retain all right, title and interest (including without limitation all patent rights, copyrights, trade-mark rights, trade secret rights and all other intellectual property rights), in and to the Platform and the services and any copies, corrections, bug fixes, enhancements, modifications or new versions thereof, all of which shall be deemed part of the Platform and the services and subject to all of the provisions of these General Conditions. NeoCredit reserves all rights, title and interest in and to the Platform and the services. No rights are granted to you other than as expressly set forth in these General Conditions.

Without limiting the generality of the foregoing, you cannot: (i) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Platform or the services (or any software, source code or data forming part thereof) available to any third party; (ii) use the Platform or NeoCredit's services in violation of applicable laws; (iii) reverse engineer, disassemble, reverse translate, decompile or in any other manner decode the Platform or NeoCredit's services except to the extent the foregoing restriction is expressly prohibited by applicable law notwithstanding a contractual obligation to the contrary, (iv) unbundle any component of the Platform or NeoCredit's services, (v) circumvent any user limits, security or authentication measures or other license timing or use restrictions that are built into the Platform or NeoCredit's services; (vi) build a product or service that is competitive with the Platform or NeoCredit's products and services; (vii) modify or create any derivatives of the Platform or NeoCredit's services or merge all or any part of the Platform or NeoCredit's services with another program; (viii) make the Platform or NeoCredit's services available on a server that can be accessed via a public network, such as, for example and without limitation, the Internet, in a manner that allows the Platform or NeoCredit's services to be copied by any third party; (ix) scan or test the vulnerability of the Platform or NeoCredit's services, or of the NeoCredit’s systems or networks, disable, bypass, defeat, avoid, remove, deactivate or otherwise circumvent any technical measures NeoCredit has implemented to safeguard the stability of the Platform or NeoCredit’s services; (x) introduce to NeoCredit’s systems or to the Platform any form of destructive software such as viruses, worms, Trojan horses, time bombs, cancelbots or other harmful components, files, programs or computer codes designed to interrupt, destroy or limit the functioning of the Platform or other software, webpage, platform or computer systems or networks; (xi) attempt to gain unauthorized access to the Platform, other computer systems or networks connected to the Platform by password extraction or other means; (xii) interfere with or disrupt networks or servers connected to the Platform or violate the regulations, policies or procedures of such networks; or (xiii) use, download or otherwise copy, or provide to a person or entity, the user directory or other user information, or data on the use or any portion thereof for purposes other than those used for the Platform.

All web content (including text, illustrations, graphics, images, photographs, audio and video clips on or related to the Platform (collectively, the "Content"), including the manner in which the Content is presented, is protected by Canadian and foreign laws, notably under copyright law, and belongs to NeoCredit. You are prohibited from: i) using, reproducing, modifying, adapting, translating, downloading or transmitting the Content, in whole or in part, or otherwise permit access thereto; ii) modifying, removing or covering any trademark or property notice included in or on the Content; and iii) decompiling, disassembling, decrypting, extracting the Content or performing reverse engineering on the Content or their components, including, but not limited to, software, or assist anyone in doing the foregoing.

Certain names, words, titles, phrases, graphics, logos, icons or designs used on the Platform may be trademarks belonging to the members of NeoCredit, our service providers or used with the consent of third party owners. You agree not to remove, edit or otherwise alter trademarks, service marks, logos and other proprietary information contained on the Content or the Platform. Trademarks and the information contained on the Platform, including comments from users, may not be reproduced, in whole or in part, or used in any way without obtaining our prior written consent.

Material for Informational Purposes Only

Certain material included under the “Articles” section of the Platform provides information on personal finance. This material is provided for informational purposes only and the information contained therein does not constitute investment advice. This material should not be construed as an invitation to purchase any services from the authors of such material or to make any other financial decisions, including the purchase of any securities or other financial product in any country, territory or province whatsoever, from anyone, including NeoCredit. Views expressed are subject to change without notice. Your decision to rely on such material is entirely your own, and we invite you to consult with relevant professionals and advisors prior to and in connection with your financial decisions.

Comments

You can post comments on the Platform about your experience with NeoCredit's services. NeoCredit may review your comments before or after they are posted, delay or prevent their publication and may even delete them once posted, especially when your comments are likely to cause injury or damage to others or when they contain personal information or material that may be sensitive, illegal or which do not comply with the Platform's rules or NeoCredit's recommendations. The purpose of this moderation is to enforce the rules of the Platform and to prevent abuse, but does not diminish your responsibility in any way. You must be the author of your comments and they must not violate the intellectual property rights of others. The comments expressed by a user of NeoCredit's services are those of that user and not those of NeoCredit.

By posting comments on the Platform, you grant NeoCredit a royalty-free, irrevocable, perpetual, worldwide and non-exclusive license to publish, reproduce and distribute said comments by any means of communication controlled or authorized by NeoCredit, including social media. You hereby waive in favour of NeoCredit any moral right you have on or to your published comments and you authorize NeoCredit to modify them to make them easier to understand and to identify you as the author of your comments. NeoCredit is under no obligation to publish your comments or keep them accessible, this decision being at our sole discretion.

NeoCredit requires all users of the Platform and its services to be respectful and civilized in their comments. You are prohibited from posting comments that are likely to offend or that may expose an individual or group of individuals to hatred or contempt on the basis of race, origin, color, religion, sex, sexual orientation, age, physical or mental disability or other grounds. Your comments must be of a personal, non-commercial nature. NeoCredit strongly recommends that you do not post comments containing your personal information.

Feedback

You may from time to time provide us with feedback including, but not limited to, suitability, problem reports, suggestions and other information with respect to the Platform or the services. You hereby grant NeoCredit a fully paid-up, royalty-free, worldwide, assignable, transferable, sublicensable, irrevocable, perpetual license to use or incorporate into the Platform and the services and any other NeoCredit products or services, or for any other purposes, any feedback provided by you.

Generated Data

You acknowledge and agree that NeoCredit and the Platform generate, compile, store and use metadata to monitor and improve the Platform and the services. You hereby grant NeoCredit a non-exclusive, perpetual, royalty free right and license (including the right to sublicense) to gather, organize, aggregate, repurpose, combine and repackage metadata and data incorporating feedback and customer data generated by your use of the Platform and the services in order to provide maintenance and support for the Platform and the services, and to monitor and improve the Platform and the services.

Indemnification

You agree to defend, indemnify and hold us harmless from all damages and causes of action arising from any of your actions or omissions related to your use of the Platform in violation of NeoCredit’s General Conditions, Rent Trust Terms and Privacy Policy or applicable laws. NeoCredit disclaims any and all responsibility and liability that may arise from any act or omission, unlawful content, transmission or upload by a user.

Disclaimer Clause

You acknowledge that you are using the Platform and that you rely on it at your own risk. To the extent permitted by law, NeoCredit disclaims any and all warranty of any kind with respect to the Platform and NeoCredit’s services, all provided "AS IS" and “AS AVAILABLE”. NEOCREDIT EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, QUALITY OF SERVICES RENDERED, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE AS WELL AS THOSE ARISING OUT OF APPLICABLE LAW OR OTHERWISE UNDER THE MARKET OR NORMAL COURSE OF BUSINESS. WE DO NOT WARRANT THAT THE PLATFORM WILL CONTINUE TO OPERATE, OPERATE WITHOUT INTERRUPTION OR BE FREE FROM ERROR.

TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT NEOCREDIT IS NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, DIRECT OR PUNITIVE DAMAGES OR OTHER TYPES OF DAMAGES (INCLUDING IN PARTICULAR, PROPERTY DAMAGE, LOSS OF INFORMATION, PROGRAMS OR DATA, ECONOMIC LOSSES) ARISING FROM THE USE OF THE PLATFORM, ANY CONTENT PROVIDED, A THIRD PARTY WEBSITE, OR THAT ARISES FROM ANY ACTS OR OMISSIONS OF A USER, THE INABILITY TO USE OR ACCESS THE PLATFORM, WHETHER NEOCREDIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR SUCH LOSS, OR THAT SUCH DAMAGE OR SUCH LOSS IS REASONABLY FORESEEABLE.

YOU ACKNOWLEDGE AND AGREE THAT NEOCREDIT DOES NOT PROVIDE CREDIT RATING SERVICES BUT RATHER ACTS AS AN INTERMEDIARY BETWEEN PLATFORM USERS AND THIRD PARTY CONSUMER CREDIT REPORTING AGENCIES. YOUR USE OF THE PLATFORM MAY IMPACT YOUR CREDIT RATING (UPWARD OR DOWNWARD) AND BY USING THE PLATFORM YOU ACKNOWLEDGE, CONSENT AND AGREE TO THE FOREGOING. CREDIT RATINGS ARE GENERATED AND MADE AVAILABLE BY THIRD PARTY CONSUMER CREDIT REPORTING AGENCIES AND NOT BY NEOCREDIT. NEOCREDIT WILL NOT CONTACT THIRD PARTY CONSUMER CREDIT REPORTING AGENCIES ABOUT YOU OR YOUR CREDIT RATING OTHER THAN PURSUANT TO SERVICES RETAINED BY YOU VIA THE PLATFORM.

In all cases, you acknowledge that NeoCredit’s total and aggregate liability for such damages that you may claim and that may be granted to you is limited to $100 Canadian.

IT Security

We comply with the applicable law governing the protection of personal information. In addition, we use encryption techniques to protect the confidentiality of the information exchanged between you and our service provider within transactional pages. We also protect information exchanged when the Platform is accessed through a non-secure platform or in a public location, which could endanger the security of your personal information. However, we shall not be held responsible for any damages that you may incur as a result of your access to the Platform under such circumstances.

E-mail or telephone communications (including SMS) are neither secure nor confidential. They can be lost or intercepted, in much the same way as communications by other means (for example, by post). No electronic system is completely secure or error-free. We shall not be held responsible for any damages that you may incur from using our Platform or from any exchange of e-mail or electronic messages (including SMS), whether originating from you or from us.

You alone are responsible for ensuring the protection and safekeeping of your data when using your computer platforms and devices.

New Features

From time to time, NeoCredit may make available to you new features for evaluation and testing purposes New features may not be expressly designated as new, pilot, limited release, developer preview, non-production, evaluation or by a description of similar import although available to you. New features may be subject to additional terms of access and use. During or after evaluation and testing, we may discontinue new features at any time in our sole discretion and may never make them generally available. We will have no liability for any harm or damage arising out of or in connection with any new feature during the evaluation and testing period.

Equipment

Access to the Platform and the services can only be made through an Internet network and requires a prior connection to said network. You are solely responsible for acquiring, servicing, maintaining and updating all equipment, computers, software and communications services (such as Internet access) that are required to access and use the Platform and the services and for all expenses relating thereto. We may from time to time and without prior notice change the minimum requirements applicable to the access and use of the Platform and the services. You are solely responsible to ensure that your equipment, computers, software and communications services need the minimum requirements.

Social Media Platforms

Certain pages of the Platform may be accessible through the following social media platforms: Facebook, Instagram, Twitter, YouTube and LinkedIn. Before consulting or using our Platform through these social media platforms, you must read and comply with their respective terms of use and privacy policy.

Governing Law

These General Conditions are governed by and construed in accordance with the laws of the Province of Quebec, Canada and of the laws of Canada applicable therein without regard to its choice of law or conflicts of law principles. You agree that any dispute arising out of, or in connection with, the use of the Platform or its services is to be submitted to the exclusive jurisdiction of a Quebec court of competent jurisdiction in the district of Montreal, Province of Quebec.

Entire Agreement

Subject to what follows, these General Conditions constitute the entire agreement between you and NeoCredit regarding your access to and use of the Platform, NeoCredit’s services and any other subject matter herein, and they replace any previous agreement, representation, warranty or understanding, whether verbal or written, express or implied, in this regard. Should you retain any of NeoCredit’s services, such as the Rent Trust service, then the specific terms and conditions related to such service (in the case of the Rent Trust service, the Rent Trust Terms) shall apply in addition to these General Conditions. If any portion of these General Conditions is declared or held unlawful, invalid, or unenforceable, then such portion of these General Conditions shall be deemed severed and shall not affect the validity or enforceability of the remainder of these General Conditions.

Enurement

These General Conditions are binding upon and shall enure to the benefit of both parties and their respective heirs, agents, legal representatives, assignees, successors (including any successor resulting from a merger or other statutory arrangement) and permitted assigns.

Assignment

You shall not assign or transfer your rights or obligations hereunder or otherwise without our prior written consent, which consent shall be at our sole discretion.