Version 3.0 Effective as of February 1st, 2021
Your access and use of our Services are also subject to our Privacy Statement and any other policies or guidelines posted at <https://www.valital.com/>.
2. Relationship between Customers, Users and Us
2.1 As between us and Customer, you agree that it is solely Customer’s responsibility to:
4. Limited License to Users
4.2 The above license also authorizes you to display on your computer, print, download and use the content made available to you on our Website and Platforms, only for non-commercial, personal and/or educational purposes, provided that you do not modify any such content and that you include on each copy of such content the associated copyright notice and this limited license.
4.3 It is your responsibility to notify us of any problem having or potentially having an impact on your access to or use of our Website and Platforms, or of your account number(s)/name(s) and password(s). In such a case, you can contact us via email at: email@example.com.
4.4 Our Website and Platforms are intended for lawful use by persons of sixteen (16) years and over. If you are under the age of sixteen (16), please discontinue using our Website and Platforms immediately or ensure that a person of sixteen (16) years or over is supervising your use of our Website and Platforms.
5.1 Your enrolment to our platform allows you to run a predetermined number of validations on individuals during a specific period of time. A request for a new validation of an individual previously validated by you, is counted as a validation. Unused validations during that period of time are forfeited at their expiry date. You can purchase additional validations at any time during your enrolment.
5.2 Your enrolment to our platform also provides you access to live updates notifications. You can activate and deactivate this function at any time for selected individuals who have already been validated.
6.1 The fees for initial and new validations are based on the volume of predetermined number of validations of individuals you intend to run during a specific period of time. These fees and the payment terms will be stipulated in our quote or our MSA.
6.2 Live updates are charged with a monthly fee per individual. This is calculated every month based on the number of individuals on live update. You will only be charged on the actual use, however with a minimum monthly fee to be agreed upon.
6.3 We reserve the right to change prices of the Services at any time. However, if we have offered a specific duration and fee for a Plan and any Services, we agree that the fee will remain in force for that duration.
7. Account Number, Names and Password
7.1 You are responsible for maintaining the confidentiality of any of your Platforms-related account number(s)/name(s) and password(s).
7.2 By registering to use our Services, you agree that:
7.3 You agree to notify us immediately if you become aware of any unauthorized use of your password or account identifiers by others.
7.4 You are required to use and maintain hardware and software of sufficient quality and performance capability when you access or use our Website and Platforms. Your failure to do so may result in a higher security risk and cause some or all of the functionality of our Website and Platforms not to operate properly or at all.
8. Unauthorized Activities
8.1 You represent and warrant that you will not:
9. Confidential Information
9.1 Any party hereto that receives any and all information of a party (the “Disclosing Party”) which has or will come into the possession of the other party (the “Receiving Party”) concerning the business, properties, affairs or finances of the Disclosing Party, including proprietary information and trade secrets (“Confidential Information”) agrees not to disclose such Confidential Information except to those employees, affiliates, resellers, agents or professional advisors (the “Representatives”) who need to know or receive such information and who are legally required to maintain its confidentiality. The Receiving Party agrees to use such Confidential Information only to exercise its rights and fulfill its obligations under these Terms of Services. The Receiving Party will use due diligence to ensure that its Representatives are subject to the same obligations of confidentiality as it does.
9.2 The Receiving Party may disclose Confidential Information (i) pursuant to a requirement of applicable Law, or (ii) with the prior written approval of the other party.
10. Personal Information
10.1 You hereby agree and acknowledge that we use, collect and disclose personal information in accordance with our Privacy Statement. Each party shall be responsible for complying with applicable law to the collection, use and disclosure of personal information. Without limiting the generality of the foregoing, you represent and warrant that you have all proper consents or legitimate basis to allow us to collect, use and disclose personal information as set forth in our Privacy Statement.
10.2 We shall collaborate with you to implement reasonable technical measures to assist you in complying with your obligations regarding personal information, including regarding responses to individual’s privacy rights requests, such as the right to access or correct personal information. We will transmit to you any such requests we receive regarding personal information within  days of reception. Each party agrees to collaborate with the other party in good faith, including to support the other party’s efforts to comply with applicable law.
10.3 In the event of an unauthorized access to your personal information that materially affects the security, confidentiality or security of such personal information (a “Security Breach”), we will notify you without undue delay upon becoming aware of a Security Breach affecting personal information, providing you with sufficient information to allow you to meet your obligations to report or inform individuals or the authorities. If such information is not available at the time of such notice, we will follow up as the information becomes available. We may notify third parties directly without first obtaining your prior written consent if we are required to do so pursuant to applicable Law.
11. Customer and Usage Data
11.2 When you submit Customer Data, you hold all rights, title and interest in and to all Customer Data, provided that you hereby grant us an irrevocable (except as set forth in these Terms and Conditions), fully-paid, non-exclusive, royalty-free, perpetual and worldwide licence to aggregate, reproduce, distribute, and otherwise use and display the Customer Data as may be necessary for us to provide the Services to you.
11.3 We will reasonably protect the confidentiality and integrity of the Customer Data in accordance with applicable law.
11.4 We may monitor your use of the Services and collect, compile and retain the Customer Data and use such information in an aggregate and anonymous manner, including, without limitation, to compile usage data. You agree that we may make such usage data available to third parties to the extent that such information does not contain any Customer Data that identify any individual without their consent or otherwise directly or indirectly discloses Confidential Information. We exclusively own all rights, including intellectual property rights, in such usage data.
11.5 You hereby agree that we may (i) make usage data publicly available in compliance with applicable law, and (ii) use usage data to the extent and in the manner permitted under applicable law, provided that such usage data doesn’t not consist of any personal information or any of your Confidential Information.
13. Disclaimer of Warranties and Limitation of Liability
In the course of providing the Services, we do not recommend hiring, verify or review infrastructure, policies and other information concerning users and clients, and do not provide human resources, business, financial, investment, tax or legal advice to anyone. We are in no way a certified human resources or cybersecurity advisor. Nothing contained or otherwise contained in the Services is intended to be, will be, or will be construed as a sale, purchase, offer to sell or buy, or recommendations for employment.
WE HEREBY EXCLUDE ALL REPRESENTATIONS, CONDITIONS AND WARRANTIES REGARDING OUR WEBSITE, PLATFORMS AND THEIR CONTENTS, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY CONDITION OR WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
WE DO NOT PROVIDE ANY REPRESENTATION, CONDITION OR WARRANTY REGARDING THE INFORMATION FOUND ON OUR WEBSITE AND PLATFORMS, INCLUDING ANY GUARANTEE REGARDING THE ACCURACY OR RELIABILITY THEREOF. YOU HEREBY DISCLAIM ANY RIGHT TO RELY ON INFORMATION APPEARING ON OUR WEBSITE AND PLATFORMS, AND ACKNOWLEDGE THAT USERS OF OUR WEBSITE AND PLATFORMS SHOULD OBTAIN PROFESSIONAL ADVICE BEFORE TAKING, OR REFRAINING FROM, ANY ACTION ON THE BASIS OF THE CONTENT OF THE WEBSITE AND PLATFORMS.
OUR WEBSITE AND PLATFORMS MAY BECOME UNAVAILABLE FOR MANY REASONS, INCLUDING WITHOUT LIMITATION SCHEDULED AND UNSCHEDULED MAINTENANCE BY US.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE SHALL NOT BE LIABLE FOR ANY LOSS OF DATA, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITIES, LOST TIME, LEGAL FEES OR LITIGATION EXPENSES.
CERTAIN FEDERAL AND PROVINCIAL APPLICABLE LAWS MAY NOT ALLOW THE EXCLUSION OF WARRANTIES, HENCE THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
14. Application of Consumer Law
15.7 Privacy. For more information on how we collect, use and disclose personal information, please read our Privacy Statement.
Valital Technologies Inc.
910-2075 Boul. Robert-Bourassa
Montréal (Québec) H3A 2L1