Faskey Terms of Service
Last Updated: Nov 16, 2023
Website and Service Terms
Fastkey Technology Ltd., including its affiliates and any future subsidiaries (“Fastkey”, “we”, “us”, or “our”) provides the content and services available on this website (the “Website”). This Service Agreement (the "Agreement") outlines the terms and conditions governing your access to and use of the Fastkey platform.
Except as otherwise specified herein, these website terms (the “Terms”) and this Agreement govern your access to and use of the services, encompassing features and content accessible on this Website and potentially other platforms offered by Fastkey, its affiliates, and partners. This includes, but is not limited to: procuring, delivering, and managing various reports such as Criminal Record Checks, Credit Score Reports, Asset Reports, Income Verification, Identity Verification, and Canada Revenue Agency Documents; Fastkey's procedures for producing these reports and addressing potential inaccuracies; and any disputes related to your reports or verifications (collectively, the “Services”).
Your access to, review of, and/or use of the Services is conditioned upon your acceptance of and compliance with these Terms and this Agreement. This Agreement becomes effective when you click the "Continue" button or checkbox presented with these terms or, if earlier, when you use any of Fastkey's service offerings (the "Effective Date"). You assure Fastkey that you are legally capable of entering into this agreement. If you're entering this Agreement on behalf of an entity, such as the company you work for, you represent to Fastkey that you have the legal authority to bind that entity.
Fastkey may update this Agreement without notifying you. The updated Agreement will be effective upon being posted on the Fastkey website. Nevertheless, Fastkey will provide notice of any significant revisions that might substantially impact or restrict your use of the Website and/or Services.
PLEASE NOTE: THIS AGREEMENT GOVERNS HOW DISAGREEMENTS AND CLAIMS BETWEEN YOU AND FASTKEY CAN BE RESOLVED. THIS SECTION, WITH LIMITED EXCEPTION, REQUIRES YOU AND FASTKEY TO SUBMIT CLAIMS AGAINST EACH OTHER TO BINDING AND FINAL ARBITRATION.
- Account: The Requester's Fastkey account associated with the Initial User's email address, pending Fastkey's validation.
- Fastkey: Fastkey Technology Ltd., its subsidiaries, and affiliates.
- Applicant: An individual being evaluated or verified through Fastkey services.
- Background Check: One of the services provided by Fastkey to evaluate an Applicant's history.
- Income Verification: The service provided by Fastkey to verify an Applicant's income details.
- Asset Report: The service provided by Fastkey to analyze and report on an Applicant's assets.
- CRA Report: Service related to obtaining Canada Revenue Agency Documents for an Applicant.
- Identity Verification: Service provided by Fastkey, in conjunction with third parties like Stripe, to verify an Applicant's identity using government IDs and selfies.
- Equifax Credit Report: Service to obtain an Applicant's credit information from Equifax based on their SIN and date of birth.
- Requester: The corporate entity or individual requesting any of the aforementioned services.
- FCRA: The Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq.
- Initial User: The initial representative of the Requester with full corporate power and authority to bind the Requester of an account.
- Intellectual Property Rights: All forms of proprietary rights, titles, interests, and ownership relating to patents, copyrights, trademarks, trade secrets, know-how, and all similar rights existing now or in the future in any jurisdiction, including applications and registrations for the aforementioned.
- Platform: The technological interface and tools offered by Fastkey to facilitate its services.
- Report: The output generated after using any of the Fastkey services, which might contain detailed analyses, data, or information about the Applicant.
- Services: The suite of verification and background screening services provided by Fastkey.
- Website Terms: The terms governing use of the Fastkey website.
- You or User: The Initial User and the Requester, as applicable.
Fastkey is a comprehensive technology platform offering various services including background screening, income verification, asset reporting, CRA document retrieval, identity verification, and Equifax credit reporting.
Each service is tailored to provide in-depth insights and verification for different aspects of an Applicant's background or financial history.
Fastkey retains the right to deny service and/or cease access to an Account without prior notice if this Agreement is violated or if Fastkey deems it beneficial in its sole discretion.
You affirm that Your use of the Reports and Platform will adhere to applicable Laws, including the FCRA where relevant.
You vouch that this Service Agreement represents a legal, valid, and binding commitment concerning the Platform, Account, and the Services.
You vouch that this Service Agreement represents a legal, valid, and binding commitment concerning the Platform, Account, and the Services.
User Eligibility and Responsibilities
You represent and warrant that you are at least 18 years old and will not allow any person under 18 to access or use the Fastkey Services. As a user of Fastkey, you are solely responsible for:
(i) All use of the Services associated with your account, including any actions taken by individuals who access the Services using your login credentials.
(ii) Obtaining and maintaining any equipment or services needed to connect to or access the Fastkey Website or otherwise use the Services. This includes, but is not limited to, devices, software, and internet connectivity.
(iii) Ensuring that such equipment or services are compatible with Fastkey's Services.
(iv) Taking all necessary precautions to safeguard against any potential liabilities, risks, or claims that may arise from your use or misuse of the Services.
Registration and Verification
Clients interested in Fastkey's services must first register on our platform. Registration requires providing specific information to ensure the authenticity and validity of the requester.
Once registered, clients are prompted to upload necessary documents to verify their business authenticity.
This might include documents like your articles of incorporation. Fastkey reviews these documents manually.
Upon successful verification, clients gain access to their dashboard. If verification fails, clients are encouraged to contact support.
Applicants receive an invitation via email and/or SMS to register on Fastkey's platform.
Registration requires applicants to provide pertinent details.
Upon successful registration, applicants can access their dashboard to view and complete the necessary applications.
To use Fastkey's services, you'll need to set up an account. During registration, it's crucial to provide accurate information and keep your username and password confidential.
Your account's security is in your hands. Ensure that you log out after each session, especially if you're using a public or shared device. You'll be responsible for all activities that happen under your account, so keep your login details a secret.
Acting on Behalf of Others
If you're using Fastkey for someone else - say, an employer or friend - make sure you have the right to do so. By accessing our platform, you're confirming that you have this authority.
We value our community and the trust users place in us. If we find any violation of these terms, or if it's in the best interest of our community, we might have to take actions like suspending or terminating an account.
Biometric Identity Verification Options
Fastkey Technology Ltd. provides enhanced identity verification solutions by leveraging the technologies of either Stripe's Identity API or Certn's API.
Our choice of technology for each verification process is determined by specific requirements and user needs, ensuring optimal security and efficiency.
Use of Biometric Facial Scanning Technology:
We utilize biometric facial scanning technology as a crucial component of our identity verification process.
This involves capturing a real-time photo of your face to create a digital map, which is then compared against your identity document for verification.
IT IS IMPORTANT TO NOTE THAT FASTKEY DOES NOT STORE THIS BIOMETRIC DIGITAL MAP ON OUR SYSTEMS; ALL PROCESSING IS SECURELY HANDLED WITHIN STRIPE'S OR CERTN'S PLATFORMS.
User Consent and Agreement:
Your engagement with Fastkey's services, and the accompanying biometric data processing necessary for identity verification, is based on your explicit consent to these procedures.
By agreeing to these Terms of Service and using our platform, you are authorizing us to conduct biometric facial scans as part of our identity verification process.
Choice of Biometric Verification Technology:
Fastkey reserves the right to select the most appropriate technology—either Stripe's Identity API or Certn's API—for biometric data processing.
This decision is guided by our commitment to ensuring the highest levels of security and reliability in our verification processes.
Data Transfer and User Rights:
You have the right to request information about the biometric data processing, including access to, correction of, or deletion of your data. For such requests, please contact Fastkey's Privacy Officer.
Data Privacy and Security Commitment:
Implications of Non-Consent:
Please be aware that withholding consent for biometric identity verification may impact our ability to process your application or deliver specific services effectively
Data Processing and Privacy
This includes any data, content, or information uploaded to the Fastkey platform related to the Services. Upon request, each party will provide a written description of measures taken to comply with applicable data protection legislation.
By using Fastkey's Services and/or creating an account, you, as a Requester or acting on behalf of a Requester, certify the following:
Permissible Purpose: You understand that you must have a legitimate need for ordering services from Fastkey. You agree to order and use services only for the purpose confirmed during the initial process. Any change to this purpose requires written consent from Fastkey.
Additional Certifications: You agree:
- Not to misuse the Fastkey platform.
- To use each report on a one-time basis within 30 days of its issue.
- To keep reports confidential and not disclose them to unauthorized parties.
- To securely store and eventually destroy reports as per legal guidelines.
- That Fastkey can review records to ensure your compliance with this agreement.
For Operations Involving U.S. Residents or Conducted within the U.S.:
Permissible Purpose: Such purpose must align with the Fair Credit Reporting Act (FCRA).
Notices: You acknowledge having reviewed:
- A Summary of Your Rights Under the FCRA.
- Remedying the Effects of Identity Theft.
- Obligations of Users Under the FCRA.
Disclosure and Authorization: You certify that the required disclosures have been made and that the individual has provided written authorization.
Adverse Action: Before taking any adverse action based on a report from Fastkey, you must adhere to specific obligations including providing the applicant with:
- A pre-adverse action notice.
- A copy of the complete report.
- A summary of their rights under the FCRA.
Equal Opportunity: You understand that you are responsible for adhering to all local, state, and federal regulatory requirements and laws, including but not limited to the FCRA.
Report Accuracy Assistance
Fastkey facilitates access to various reports by connecting users with third-party data providers. While Fastkey does not create, modify, or directly control the content of these reports, we are committed to helping our users ensure the accuracy of their information in compliance with the FCRA.
Notice of Inaccuracy: Should you find any information in your report that you believe is inaccurate or incomplete, you are encouraged to notify Fastkey promptly by sending a detailed email to firstname.lastname@example.org. Your notice should include your name, the specific inaccuracies you are disputing, and any evidence you have to support your assertion.
Limitation of Responsibility: Fastkey's role is strictly as an intermediary to facilitate the provision of reports from third-party data providers. Fastkey itself is not responsible for the investigation or resolution of inaccuracies.
Assistance in Forwarding Concerns: Upon receipt of your notice, Fastkey will provide you with the necessary contact information for the third-party data provider, along with guidance on how to submit your concerns directly to them. Fastkey will also inform you of your rights under the FCRA.
Third-Party Investigation: The third-party data provider is solely responsible for investigating any information you dispute and for making any corrections where necessary. You will need to engage with the data provider according to their specified procedures.
No Liability: Fastkey assumes no liability for any inaccuracies in the reports generated by third-party data providers. Our assistance in the accuracy review process does not imply any warranty or guarantee of the results of such a review.
Third Party Service Conditions
General Certifications for All Services
Obtain the Applicant's written consent before initiating any verification process. Use information in the normal course of business to verify details provided by the Applicant.
Protect the privacy of the data and avoid transmitting it insecurely.
For credit information from Equifax:
- Notify Fastkey promptly of any changes that might affect your account or use of the information.
- Cooperate with any reasonable audit request to ensure agreement compliance.
- Understand that Equifax does not guarantee complete accuracy. Release Equifax from any associated liabilities.
- If using a Cloud Service Provider for Equifax data, ensure adherence to industry-standard security protocols, including data-at-rest encryption and secure data destruction.
- Store Equifax information exclusively within Canada and the U.S. Handling Equifax data outside of these territories requires written permission.
For servics including Certn:
- Notify Fastkey promptly of any changes that might affect your account or the use of the information.
- Cooperate with any reasonable audit request to ensure agreement compliance.
- Understand that Certn does not guarantee complete accuracy. Release Certn from any associated liabilities.
Criminal History Reporting
When obtaining reports that include criminal history:
Recognize that Fastkey provides data in line with legal thresholds and regulations. Determine the appropriateness of this data based on local jurisdiction and compliance requirements.
Asset Report & Income Verification: The information obtained is solely for verification purposes.
Do not misuse or store data that breaches data protection laws.
Payments: Recognize that Fastkey does not process or store payment card details, with all payment data managed by Stripe.
ID Verification: For ID verification, understand that results are solely for confirming the Applicant's identity.
Data Handling and Territory
Implement robust security measures, maintain an audit trail for at least three months, and address security incidents promptly.
If using a Cloud Service Provider, ensure adherence to industry-standard security protocols, including data-at-rest encryption and secure data destruction.
Store information exclusively within Canada. Storing, accessing, or sending data outside of Canada requires Fastkey's written permission.
Third Party Services
Use of Third-Party Services
Fastkey's platform might offer certain services that are developed, offered, and maintained by external parties not affiliated with Fastkey ("Third-Party Developers"). These services, collectively referred to as "Third-Party Services", are optional. If you decide to use them, it's entirely your choice.
User Discretion and Responsibility
When opting for Third-Party Services through Fastkey:
(a) Recognize that you're choosing to access or deploy them based on your judgment.
(b) Ensure you review and understand the terms and conditions and privacy policies associated with any Third-Party Service, as they govern your use of such services.
(c) Understand that Fastkey does not have ownership or direct control over Third-Party Developers or the Third-Party Services they offer.
No Warranties for Third-Party Services
Fastkey does not guarantee the accuracy, security, reliability, or quality of any Third-Party Services. By choosing to use these services, you agree to bear all risks associated with them.
Intellectual Property and Limited License
Ownership of Intellectual Property
All intellectual property rights related to Fastkey's website and services, including but not limited to database rights, patents, copyrights, trademarks, trade secrets, design rights, know-how, and any other similar rights, whether or not currently registered, are the absolute property of Fastkey.
This includes the Fastkey name, logos, designs, graphics, icons, scripts, service marks, features, functions, text, images, software, data compilations, and other distinctive brand elements, and the organization thereof (collectively referred to as "Intellectual Property Rights").
These Intellectual Property Rights are protected by Canadian laws and, where applicable, international laws governing copyrights and trademarks.
License to Users
Subject to these Terms, Fastkey grants you a global, limited, revocable, non-exclusive license to access and use the website and services for your personal, non-commercial use.
This license is neither transferable nor assignable. Any attempt to grant rights, permissions, or sublicenses to third parties without Fastkey's express written consent is prohibited.
You acknowledge Fastkey's ownership and licensing rights, understanding that your use does not confer any additional ownership or interest in the Intellectual Property Rights.
Any violation of this license may lead to its immediate termination at Fastkey's discretion.
We might offer features that allow you to interact, contribute, or share content on our platform. Any content, comments, suggestions, or materials you provide (collectively "Contributions") will be considered non-confidential and non-proprietary.
By providing such Contributions, you grant Fastkey the right to use, modify, reproduce, and distribute them.
Feedback to Fastkey
If you provide any feedback, comments, or suggestions to Fastkey regarding its services or platform, you agree to assign all right, title, and interest in and to such feedback to Fastkey.
You further agree that Fastkey may freely use and exploit such feedback without compensation to you.
Security & Data Handling
Comprehensive Security Program
Fastkey expects you to maintain a robust information security program.
This program should have administrative, technical, and physical safeguards tailored to your size, complexity, activities, and the sensitivity of the information you receive from Fastkey.
The program should:
- Ensure the confidentiality and security of the information provided by Fastkey.
- Protect against anticipated threats or hazards to the information's security or integrity.
- Guard against unauthorized access, use, or any other interference with the information that could substantially harm or inconvenience any Applicant.
Ensure strict procedures are in place to prevent personnel from using the information for unauthorized, improper, or illegal purposes.
Platform Usage Restrictions:
- Copy, distribute, rent, lease, lend, transfer, or make the Fastkey platform available to unauthorized parties.
- Modify, reverse engineer, or attempt to discover the platform's underlying source codes or algorithms.
- Create derivative works based on the platform.
- Remove or obscure any copyright, trademark, or other proprietary notices on the platform.
- Use the platform to develop competitive offerings.
- Employ automated tools, scripts, or bots to access/manage the platform.
- Permit unauthorized personnel to access the platform or use it for improper purposes.
API Keys (if applicable):
- Fastkey may provide API keys for platform access. Secure these keys diligently.
- Avoid sharing or publishing your API keys with unauthorized individuals, including third-party service providers without Fastkey's explicit written consent.
- Notify Fastkey immediately if you suspect unauthorized use of your API keys.
When you order any of Fastkey's reports or services, there may be associated fees (“Fees”). It's your responsibility to ensure timely payment of these Fees based on the terms currently in effect at the time of your order.
Please note that once a report generation or any service has been initiated, the Fees become nonrefundable, regardless of the outcome or completion status of the service. email@example.com
All payments are facilitated through our third-party payment processor, Stripe. Your transactions are subject to Stripe's terms and conditions, and we recommend familiarizing yourself with them before making a payment.
For each service request you place with Fastkey, you'll be charged as per the rates detailed in our platform, which includes the base fee for the service (“Service Fee”) and any additional charges or taxes.
You're responsible for every request you make, even if the results indicate “clear,” “unable to verify,” or similar outcomes.
This also applies to errors on your part, such as duplicate requests, incorrect data input, or cancellations made by you or the applicant.
Any accumulated Service Fees should be settled within thirty (30) days of receiving an invoice from Fastkey, unless the payment was made via credit card at the time of the service request.
Adjustments to Pricing
Fastkey reserves the right to revise the Service Fee annually. We'll provide a thirty (30) day notice before any such change takes effect.
While Fastkey is committed to customer satisfaction, we also recognize that certain situations may necessitate the issuance of a partial refund. Our refund policy is as follows:
If an applicant does not complete the information request process initiated by a requester, the requester may be eligible for a partial refund of the fees paid, excluding any processing fees.
Processing fees are non-refundable as they cover the administrative and transactional costs incurred by Fastkey.
To qualify for a partial refund, requesters must notify Fastkey within a specified period from the date of the transaction, which will be outlined in our Refund firstname.lastname@example.org
The actual amount to be refunded will be calculated based on the service fee minus the processing fees, which encompass costs associated with the payment processing facilities.
- The requester must submit a refund request via email to the Fastkey customer support team at email@example.com within 14 days of the transaction date. firstname.lastname@example.org
- The refund request must include the transaction identification number, the date of the request, and the reason for the refund claim.
- Fastkey will review the refund request and process it within a reasonable time frame, typically within 14 business days after receiving the request.
- Refunds will be processed back to the original method of payment unless otherwise specified and agreed upon by Fastkey.
- Fastkey reserves the right to deny refund requests if the applicant's failure to complete the request is due to the requester's provision of incorrect information or if the refund request is made outside the specified period.
Termination and Suspension
Continuation and Duration
This agreement between Fastkey and you remains in effect from its start date until terminated by either or both parties as detailed below.
Suspension by Fastkey
We may suspend or limit your access to our platform or services:
- If outstanding fees aren't paid promptly.
- To prevent potential errors, harm, or to limit Fastkey's liability.
- If you attempt unauthorized or unlawful access or use of our platform or reports.
Fastkey can terminate or restrict your access to our services:
- With a 30-day notice for any reason.
- Immediately, if we believe you've breached our terms or violated any laws.
- Upon request by any third-party data provider.
- If legal changes significantly impact your access to our services.
If you remain inactive on our platform for over six months, Fastkey may suspend your access. Inactivity exceeding twelve months may lead to account termination.
Termination Without Cause
Either party can end this agreement without cause by providing a 30-day written notice. However, you'll remain responsible for all fees incurred up to the termination date.
Website and Services Condition
Fastkey's website and services are provided "as is" and "as available" without any representations or warranties of any kind, either express or implied. This includes, but is not limited to, implied warranties of merchantability, suitability for a specific purpose, non-infringement, and any warranties arising from the course of dealing or performance concerning the website, any content available on it, and any reports or services obtained via Fastkey.
Fastkey does not guarantee that:
(a) The website, its content, or the services will fully cater to your needs or will be provided on an uninterrupted, error-free basis.
(b) Access to the website will be timely, secure, or free from errors.
(c) Any results, content, or reports obtained from the website or through our services will be completely accurate, reliable, valid, or error-free.
(d) Any information or services provided will meet your expectations or the expectations set during any agreement initiation.
(e) Fastkey does not guarantee that an applicant will complete a request sent from a requester.
You acknowledge that Fastkey may obtain certain data or reports from third-party sources.
Therefore, Fastkey provides this information to you based on the condition it is received from these third parties, without any additional representations or warranties.
You understand that Fastkey's website relies on the internet for data transmission and utilizes servers, sometimes with third-party providers, to store information. While we implement industry-standard security measures, it's crucial to acknowledge that no security measures can guarantee 100% protection.
You agree to indemnify, defend, and hold harmless Fastkey, its affiliates, subsidiaries, and their respective officers, directors, employees, and agents from any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from or related to:
(i) Your breach or violation of these Terms.
(ii) Your non-compliance with any applicable laws or regulations.
(iii) Any negligence, misconduct, or other actions or omissions on your part.
(iv) Your breach of any certifications or specific obligations set forth in this agreement.
(v) Any decision or action by you to provide a copy of any report or data obtained through Fastkey to a third party in violation of this agreement.
(vi) The willful or malicious conduct by you or your employees.
By using our services, you acknowledge and agree to this indemnification obligation as a foundational aspect of our agreement.
Limitation of Liability
To the fullest extent permitted by applicable law, neither Fastkey nor its subsidiaries, affiliates, partners, licensors, directors, officers, employees, or agents shall be liable for:
(a) Interruptions or cessation of services provided by Fastkey.
(b) Delays, interruptions, or access difficulties to the website.
(c) Non-delivery, misdelivery, corruption, destruction, or any alterations of data.
(d) Any losses or damages incurred due to interactions with off-website links present on our platform.
(e) Malfunctions, system failures, or computer viruses encountered when using our website or services.
(f) Any inaccuracies, errors, omissions, or results from our content or reports.
(g) Circumstances beyond our reasonable control.
Exclusion of Certain Damages
Fastkey is not liable, under any legal theory, for any indirect, incidental, punitive, special, reliance, consequential or similar damages, including, but not limited to, loss of revenue or profits, related to or arising from these Terms, the website, or any services provided.
This holds even if Fastkey has been advised of the possibility of such damages. Recovery of damages, if any, against Fastkey shall be limited to the greater of the amount you actually paid during the twelve (12) months preceding the claim or CAD $10,000. This is your sole and exclusive remedy under these Terms.
Liability for Report Contents
Fastkey is not responsible for the outcomes or contents of the reports generated. If you have concerns or disputes about a report's content, your exclusive remedy is to challenge the results.
The above limitations do not exclude or limit Fastkey's liability for any damages resulting from Fastkey's gross negligence, fraud, willful misconduct, or any actions by its employees that would warrant liability.
Some jurisdictions may not permit certain disclaimers or limitations of liability. If any parts of this section are deemed invalid in such jurisdictions, they will not apply to you, but all other provisions will remain in effect.
All matters concerning the services provided by Fastkey, as well as your access to and use of our website and the content therein, will be governed by the laws of the province of British Columbia and the federal laws of Canada applicable within that province.
Jurisdiction & Laws
If you're based in the United States, Delaware laws apply.
Outside the United States, British Columbia laws govern.
You can't transfer your rights or obligations under this agreement without Fastkey's written permission.
You ensure that you and your stakeholders aren't under any governmental sanctions and aren't operating from sanctioned territories.
Maintain relevant, industry-standard insurance throughout the duration of this agreement.
Fastkey isn't responsible for any delays or issues beyond our control, such as natural events, internet disruptions, or actions by third parties.
We operate as separate entities. This agreement doesn't form any partnership, joint venture, or agency relationship between us.
Provision Clarity & Waivers
Unenforceable terms will be interpreted in the most fitting manner. Not acting upon a breach doesn't mean we've waived our rights.
Both parties can seek equitable solutions when necessary. Headings here are for clarity and don't influence interpretation.
Certain terms, like payment obligations, confidentiality, and liability, will persist even after this agreement concludes.
Arbitration Rules, Procedures, and Costs
To ensure the prompt and efficient resolution of disputes that arise in connection with this Agreement or the Fastkey services, you and Fastkey agree to the following dispute resolution procedures:
You and Fastkey agree that any disputes arising under or in connection with the use of Fastkey's website and services shall be resolved through binding arbitration, to be administered by the ADR Institute of Canada ("ADRIC") before a single arbitrator agreed upon by the parties. If the parties cannot agree on an arbitrator within thirty (30) days after names of potential arbitrators have been proposed by ADRIC, then an arbitrator will be appointed by ADRIC in accordance with its rules.
The arbitrator will be bound by the terms of this agreement and shall apply the applicable ADRIC Arbitration Rules, which are available at www.adric.ca or by contacting the ADRIC directly. If you are an individual, the arbitrator shall apply the ADRIC Arbitration Rules for consumers. If you are a business or an entity, the arbitrator shall apply the ADRIC Arbitration Rules for commercial disputes.
In the event that you are an individual who brings a claim solely for monetary relief of CAD $10,000.00 or less, and the arbitrator deems that the claim is not frivolous or brought for an improper purpose, Fastkey will bear the cost of the arbitration fees charged by ADRIC.
Should you bring a claim for monetary relief exceeding CAD $10,000.00, the ADRIC rules regarding the limitation and payment of fees will apply. The arbitrator may also, at their discretion, provide for waivers or other forms of cost relief. If the arbitrator finds the claim to be frivolous or for an improper purpose, the costs will be allocated according to the ADRIC Arbitration Rules for consumers.
For entities other than individuals, all fees and costs shall be governed by the ADRIC Commercial Arbitration Rules.
The arbitrator shall have the authority to decide any pre-hearing motions, including motions for summary judgment, and shall be empowered to grant the same remedies, relief, or outcomes as a court in Canada could grant, including legal costs and attorney's fees, in accordance with the applicable law or laws that govern the claim.
The arbitrator will issue a written explanation for their award and decision, and any award made by the arbitrator may be entered as a judgment in any court of competent jurisdiction.
Opt-Out Provision for Arbitration Agreement:
You have the right to opt out of the binding arbitration agreement.
To do so, you must notify us in writing about your decision to opt out within 30 days of first accepting these Terms of Service or utilizing our services.
To exercise this option, please send a written notice clearly stating your intention to opt out of the arbitration agreement to Fastkey's Legal Department at the address provided in our 'Notices' section.
If you opt out as provided in this clause, neither you nor Fastkey will be bound by the arbitration agreement. Opting out of the arbitration agreement has no effect on any other parts of these Terms of Service or your agreement with us, and all other provisions will remain in full force and effect.
Confidentiality of Pre-Arbitration Negotiation:
Fastkey and you agree to maintain the confidentiality of any negotiation occurring prior to the initiation of formal arbitration.
This includes, but is not limited to, all offers, promises, conduct, and statements made by either party, their agents, employees, or attorneys during these negotiations.
Such information shall be treated as confidential and shall not be disclosed to any third party or used as evidence in any subsequent arbitration, litigation, or other proceedings, except where required by law.
Dispute Resolution and Waiver of Collective Proceedings
Fastkey and the user agree that any legal disputes or claims arising out of or related to the Agreement (including but not limited to the use of Fastkey services or the interpretation, enforceability, revocability, or validity of the Agreement, including this arbitration and waiver provision) shall be resolved exclusively through final and binding arbitration, rather than in court, except that the user may assert claims in small claims court if the user's claims qualify.
The user and Fastkey hereby waive any right to bring or participate in any class action lawsuit or class-wide arbitration against the other party, as well as any consolidation of individual arbitrations.
The arbitration shall be conducted by a neutral arbitrator, selected in accordance with the rules of the ADR Institute of Canada, or another similar body if agreed upon by the parties.
The user has the right to opt out of the arbitration and class action waiver provisions by providing written notice to Fastkey within 30 days of first accepting these terms.
No Legal Guidance
Disclaimer on Legal Advice
Fastkey does not offer legal advice or compliance-related services. Any information, discussions, or interactions with our representatives concerning our services should not be viewed as legal opinions.
Seeking Independent Counsel
You should consult your legal counsel regarding:
- The use of background information, including the legality of relying on reported data.
- The examination of forms, authorizations, notifications, and any related documents for compliance with laws.
The responsibility for providing notifications and assessing the content of any associated documents rests solely with you.
If we provide sample forms, it's your responsibility to ensure they are fit for purpose, and you're not obligated to use them.
Information provided by Fastkey, including reports, does not reflect our judgment on the financial status, ability, integrity, or motives of any individual or entity. While our services present data from various sources, using this data requires your independent judgment. Fastkey isn't liable for decisions made based on this information.
Confidentiality Of Information
Definition of Confidential Information
Both Fastkey and the user acknowledge the importance of safeguarding sensitive and proprietary information. Confidential Information refers to any data or information, whether oral or written, which the disclosing party explicitly designates as being confidential or which, under the circumstances surrounding the disclosure, ought to be treated as such.
For Fastkey, Confidential Information encompasses details about the platform's features, functionalities, planned updates, pricing structures, and more.
Handling of Confidential Information
Both parties commit to:
- Protecting the confidentiality of the information by using protective measures equivalent to those they use for their own confidential information, but with no less than a reasonable standard of care.
- Using the Confidential Information solely for fulfilling obligations or exercising rights under this agreement.
The term Confidential Information doesn't apply to information that:
- Was already lawfully known to the receiving party before its disclosure.
- Becomes publicly available without the fault of the receiving party.
- Was developed independently by the receiving party without the use of any of the disclosing party's Confidential Information.
Confidential Information may be shared:
- With employees or representatives who need access for the purposes of this agreement and are bound by similar confidentiality obligations.
- If required by a court order or legal obligation, provided the disclosing party is given enough notice to challenge or limit such requirement.
Breach & Remedies
Any breach of these confidentiality terms can cause significant harm, justifying the aggrieved party to seek injunctive relief. This is in addition to any other legal remedies available. Any prior confidentiality agreements between the parties are superseded by this section, treating older exchanges of Confidential Information under the terms of this agreement.
Fastkey retains all rights and ownership regarding all data gathered related to the operation of our platform and your usage (“Usage Metrics”). These metrics might encompass platform performance indicators and analytical data but will exclude any Background Information or public records. Fastkey won't share Usage Metrics in a way that personally identifies you without your explicit consent, except in situations where:
- We share with third-party service providers who utilize the data solely for Fastkey's benefit or to deliver the platform to you.
- We're mandated by law or legal procedures.
Relationship of the Parties
The parties involved act as independent entities. Nothing within these Terms suggests or establishes any relationship of employment, agency, partnership, franchise, joint venture, or any other joint enterprise. Neither party possesses the authority to bind the other in any respect.
Any waiver of a provision within these Terms must be explicitly documented in writing and will only pertain to the specific event or occurrence for which it was granted. A failure to assert any provision shall not constitute a waiver of such provision.
These Terms do not restrict either party's right to seek remedies or relief of an equitable nature.
The section headings present in these Terms are solely for convenience and shall not influence the interpretation of the content.
Validity of Provisions
Should any provision within these Terms be deemed unenforceable or invalid, either in full or in part, the validity and enforceability of the remaining provisions shall remain unaffected. The unenforceable or invalid provision will be considered severed from the rest of the Terms.
Platform and Service Updates
Modifications to Services
Fastkey reserves the right to modify the features, layout, delivery, or maintenance of its platform and reports as part of our ongoing improvements and developments. While these changes are made to enhance our services, they will not result in any significant decrease in the utility, functionality, or integrity of Fastkey's offerings to you.
Notice of Material Changes
If we make any substantial and adverse modifications to the features or details of our reports, we commit to giving you a minimum of thirty (30) days' prior notice.
Quality Assurance Updates
Please be aware that, for quality assurance purposes, Fastkey may update a report within thirty (30) days of its completion. Should this occur, both you and the applicant will receive a copy of the revised report.
Notices and Consent to Receive Notices Electronically
By using our services, you consent to receive all agreements, notices, disclosures, and other communications (collectively referred to as “Notices”) from us in electronic form, including but not limited to, via email or by postings on our website. You acknowledge and agree that all electronically sent Notices from Fastkey fulfill any legal requirements that such communications be in writing.
Except where these Terms dictate otherwise, all notices under these Terms should be provided in written form. Such notices are considered duly given upon personal delivery, if sent by certified or registered mail with return receipt requested; upon electronic confirmation if sent via facsimile or email; or the day after dispatch if sent for next-day delivery by a recognized overnight delivery service.
Should you have any queries or concerns about these Terms, kindly reach out to our customer support via email at email@example.com.
For platform support, reach out to us during Fastkey's standard operating hours at firstname.lastname@example.org. We strive for continuous platform availability, but can't guarantee uninterrupted service.
Communication & Notices
Electronic communications are considered written notices for this agreement. Email us at email@example.com or post to our address at #104 5668 192 Street Surrey BC V3S 2V7 . An electronic notice is confirmed once the sender receives a receipt acknowledgment.
Criminal Background Check Consent
(Applicable Only for Specific Applicants)
Scope and Applicability: This section of the Terms of Service applies only to applicants who are required to undergo a criminal background check as part of their service request with Fastkey. If you are not subject to a criminal background check, this section does not apply to you.
Consent for Criminal Record Check
Authorization: By proceeding with a criminal background check through Fastkey, you hereby consent to a search of all currently available criminal records and information, including but not limited to non-conviction information, charges before the court, findings of guilt or convictions, and court orders or records registered in your name in national and regional criminal records databases.
Understanding of Process: You understand that the criminal record check is based on name(s), date of birth, and other personal information you provide. The results are not confirmed by fingerprint comparison, which is the only method to conclusively determine if a record exists in the National Repository of Criminal Records.
Certification of Information: You certify that the information provided by you is accurate and complete to the best of your knowledge.
Release of Information and Liability
Consent to Release Information: You consent to the release of results from the criminal record check to Fastkey and any relevant third parties as required for your service request.
Release from Liability: You release and forever discharge Fastkey, its affiliates, and their respective members and employees from any claims, damages, or demands arising from the disclosure and use of the information obtained through the criminal background check.
Data Protection and Privacy
The results of the criminal background check may be used solely for assessing your eligibility or suitability for the requested service.
Opt-Out: If you do not consent to this criminal record check, you may be ineligible for certain services provided by Fastkey that require such checks.
Acceptance: By selecting “I Agree” or by continuing to use Fastkey's services that require a criminal background check, you acknowledge and agree to the terms set forth in this section.