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Qtrade Direct Investing

Terms & Conditions

BANK ACCOUNT VERIFICATION

By checking the box indicating your consent and proceeding with the bank account verification using Flinks, you are agreeing to provide your credentials and information to Flinks Technology Inc. (“Flinks”), a third party service provider to Qtrade Direct Investing (“Qtrade”). Your use of the Flinks API (the “Flinks Service”) to enable bank account verification from within Qtrade’s designated website (the “Qtrade Website”) is subject to the following terms.  You should read these terms closely to ensure you understand and agree to them.

1.    Flinks Service. When logging in to third party websites (including financial institution sites) using the Flinks API with your username and password, this information is shared with but not stored by Flinks. By providing your login credentials, you are enabling Flinks to retrieve your financial data. Flinks will only use this information to provide you with the Flinks Service, however, sharing your credentials with Flinks can enable it to do everything you can do on such third party websites (including access to challenge questions or security tokens), and doing so may be a violation of the terms and conditions of such third party websites. Providing your financial institution login credentials to Flinks is not required. Alternatively, you may provide a VOID cheque or bank statement to Qtrade directly. You should read Flinks privacy policy prior to proceeding.

2.    Proprietary Rights. You are permitted to use information, data or other materials delivered to you through the Flinks Service only with the Qtrade 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.

3.    Content You Provide. You are licensing any data, passwords or other information (collectively, “Content”) you provide through or to the Flinks Service to Flinks and Qtrade. Qtrade and Flinks may use, modify, display, distribute and create new material using such Content as permitted by applicable laws and regulations. By submitting Content, you expressly and automatically agree, or represent that the owner of such Content has expressly agreed that, without any particular time limit, and without the payment of any fees, Qtrade and Flinks may use the Content for the purposes set out above.

4.    Third Party Accounts. By using the Qtrade Website and the Flinks Service, you authorize Qtrade and Flinks to link to the bank accounts designated by you (the "Bank Accounts"), on your behalf, and you hereby authorize and permit Qtrade to use the information in the Bank Accounts to: (a) validate and verify your account information, (b) verify that the linked Bank Accounts belong to you; and (c) configure the Flinks Service so that it is compatible with the banking service providers for the Bank Accounts. You agree that Qtrade and Flinks assume no responsibility and shall incur no liability with respect to the acts, omissions, or determinations of any such banking service providers. You are responsible for ensuring that the foregoing authorization and access does not violate any third party’s online access or other applicable agreement. Qtrade, Flinks and each of their affiliates shall not be responsible for any violation of an access agreement with your financial institution or any losses resulting from unauthorized access or transactions.

5.    Disclaimer of Warranties. You expressly understand and agree that:

a)    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. Qtrade 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 non-infringement;

b)    Qtrade and Flinks make no warranty that (i) the Flinks Service will meet your requirements, (ii) the Flinks Service will be uninterrupted, timely, or error-free, (iii) the quality of any products, services, information, or other material purchased or obtained by you through the Flinks Service will meet your expectations, or (iv) any errors in the technology will be corrected; and

c)    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 Qtrade or Flinks through or from the Flinks Service will create any warranty not expressly stated in these terms.

6.    Limitation of Liability. You agree that neither Qtrade or Flinks nor any of their affiliates will be liable for any losses, damages or harms, whether direct, indirect, incidental, special, consequential or exemplary, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses, even if Qtrade or Flinks has been advised of the possibility of such damages, resulting from:

a)    the use or the inability to use the Flinks Service;

b)    the cost of getting substitute goods and services;

c)    any products, data, information or services purchased or obtained or messages received or transactions entered into, through or from the Flinks Service;

d)    unauthorized access to, use of, distribution or alteration of your Content;

e)    statements or conduct of anyone on the Flinks Service;

f)     the use, inability to use, unauthorized use, performance or non-performance of any third party financial institution or other account provider website, even if the provider has been advised previously of the possibility of such damages; or

g)    any other matter relating to the Flinks Service.

7.    Indemnification. You agree to protect and fully compensate Qtrade and Flinks and their affiliates from any and all third party claims, liability, damages, expenses and costs (including, but not limited to, reasonable 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.

8.    Third Party Beneficiary. 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.