Your use of services offered by Flinks Technology, Inc., including Flinks.connect and the Flinks API (collectively, “Flinks”) from within the website 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”).
  1. 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.
  2. 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.
  3. 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.
  4. Disclaimer of Warranties . You expressly understand and agree that:
    1. 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.
    2. 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.
    3. 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.
  5. 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:
    1. your use or inability to use Flinks;
    2. any inaccuracy in the Banking Information;
    3. the cost of obtaining substitute goods and services;
    4. any products, data, information or services purchased or obtained or messages received or transactions entered into, through or from Flinks;
    5. unauthorized access to or alteration of your transmissions or data;
    6. statements or conduct of anyone in respect of Flinks;
    7. 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
    8. any other matter that can be reasonably be considered to relate to Flinks.
  6. 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.
  7. 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.
  8. 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.
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