BANK ACCOUNT INFORMATION
ACCESS AGREEMENT
Your use of services offered by Flinks Technology, Inc., including Flinks.connect and the
Flinks API (collectively, “
Flinks”) from within the website Quadfi.com or
another application channel (collectively, the “
Website”) offered by
Quad-Fi Inc. (“
Quad-Fi”, “
we” or “
us”)
in connection with your application for a loan (“
Loan”) from us is subject
to the following terms set forth in this agreement (“
Agreement”).
- Verifying your identity and accessing banking information. You are
licensing us and Flinks to use the login information, password and other data
(collectively, “ Credentials”) that you provide to Flinks or us via
the Website, in order to access information from the bank,
financial institution or other service provider designated by you (“Service
Provider”) on your behalf, such as
identification information, account information and transaction history (together
with Credentials, the “ Banking Information”). Quad-Fi and Flinks
may retrieve information requested by you and use Banking Information to verify your
identity, assess your suitability for a Loan,
determine the potential terms of a Loan, determine where to deposit the proceeds
(“Loan Proceeds”) of any Loan provided, assess your suitability for
and expedite payments on such Loan, including pre-authorized debit, and service and
collect on such Loan. By submitting Credentials, you represent and warrant that you
are the owner of such Credentials. You acknowledge that you will confirm the
accuracy of the Banking Information obtained using Flinks prior to accepting a Loan
from us or any Loan Proceeds.
- Acting as your Agent. You acknowledge and agree that when we or Flinks access
and retrieve information from Service Providers, we and Flinks are acting as your
agent, and not the agent or on behalf of any third party. You understand and agree
that Flinks is not endorsed or sponsored by any Service Providers accessible through
Flinks. For all purposes hereof, you hereby grant Quad-Fi and Flinks a limited power
of attorney, and you hereby appoint Quad-Fi and Flinks as your true and lawful
attorney-in-fact and agent, with full power of substitution and re substitution, for
you and in your name, place and stead, in any and all capacities, to access the
Service Providers’ Internet sites, servers or documents, retrieve information, and
use your Credentials, in the manner described above, with the full power and
authority to do and perform each and every act and thing requisite and necessary to
be done in connection with such activities, as fully to all intents and
purposes as you might or could do in person, only as required to provide you with
Flinks. You agree that Service Providers shall be entitled to rely on the foregoing
authorization, agency, and power of attorney granted by you.
- Privacy Policy. In completing an application for a Loan, you consented to our
Privacy Policy. You hereby affirm such consent and agree that we may use any Banking
Information obtained using Flinks for any purpose set out in our Privacy Policy.
- Disclaimer of Warranties . You expressly understand and agree that:
- Your use of Flinks, including through the Website to access Services
Providers and provide us Banking Information, is at your sole risk. Flinks
is provided on an “as is” and “as available” basis. Quad-Fi and Flinks
expressly disclaim all warranties of any kind as to Flinks, whether express
or implied, including, but not limited to the implied warranties of
merchantability, fitness for a particular purpose and non-infringement. In
particular, Flinks may provide Banking Information that is inaccurate and
you should confirm Banking Information with us.
- Quad-Fi and Flinks make no warranty that (i) Flinks will meet your
requirements, (ii) Flinks will be uninterrupted, timely, or error-free,
(iii) the quality of any Banking Information, Loan, products, services,
information, or other material purchased or obtained by you through Flinks
will meet your expectations, or (iv) any errors in the technology underlying
Flinks or the Website will be corrected.
- Any Banking Information downloaded or otherwise obtained through the use of
Flinks is so downloaded or obtained at your discretion and at your 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 Quad-Fi or Flinks
through or from Flinks will create any warranty that is not expressly stated
in these terms.
- Limitation of Liability. You agree that neither Quad-Fi or Flinks nor any of
their respective affiliates, account providers or any affiliates of such account
providers will be liable for any harms, damages or loss sustained by any person,
whether direct, indirect, incidental, special, consequential or exemplary damages,
including, but not limited to, loss of Loan Proceeds, lost opportunity to obtain a
Loan or obtain a Loan at a preferential rate, damages for loss of profits, goodwill,
use, data or other intangible losses, even if Quad-Fi or Flinks has been advised of
the possibility of such damages, resulting from:
- your use or inability to use Flinks;
- any inaccuracy in the Banking Information;
- the cost of obtaining substitute goods and services;
- any products, data, information or services purchased or obtained or
messages received or transactions entered into, through or from Flinks;
- unauthorized access to or alteration of your transmissions or data;
- statements or conduct of anyone in respect of Flinks;
- the use, inability to use, unauthorized use, performance or non-performance
of any third party account provider site, even if the provider has been
advised previously of the possibility of such damages; or
- any other matter that can be reasonably be considered to relate to Flinks.
- Indemnification . You agree to defend and fully indemnify Quad-Fi and Flinks
and their respective affiliates from any and all third party claims, liability,
damages, expenses and costs (including, but not limited to, legal fees on a
solicitor-client or substantial indemnity
basis) caused by or which could reasonably be considered to arise from your use of
Flinks, your violation of the terms of this Agreement or your infringement, or
infringement by any other user of your account, of any intellectual property or
other right of any person.
- Proprietary Rights. You are permitted to use Banking Information or other
materials delivered to you through Flinks only in connection with the Website. You
may not copy, reproduce, distribute, or create derivative works from this
information, data, or other materials. Further, you expressly agree not to reverse
engineer or reverse compile any of Flinks’ technology.
- Flinks. You acknowledge that Flinks is a third party beneficiary of this
Agreement, with all rights to enforce the provisions of this Agreement as if Flinks
were a party to this Agreement.