C5 ID and Fingerprinting Solutions Inc.

This website at www.check-background.info (the “Site” or the “Software”) is owned by Certec Solutions Inc. (“Owner”) and is operated under license agreement with its agent, C5 ID and Fingerprinting Solutions Inc. (the “Agent”). The Site provides a suite of background check services (the “Service(s)”) for individuals (“applicant" or "applicants”) making requests on their own behalf.

Your use of the Site confirms your agreement to be bound by the terms and conditions set forth below.

1. Copyright and License

The Site is for the exclusive use of applicants that request one or more of the Services to be performed by Owner on their own behalf only. If you are not making such a request, you may not access this Site. If you request one or more of the Services, you may access the Site only to provide your information in support of the Services, or to retrieve results from the Services. No other use of the Site or access to the Site is authorised.

The Site is owned exclusively by Owner. The entire Site is protected under the copyright laws of Canada and/or other countries. Users of this Site shall be entitled to copy any information for their own personal use but may not republish or reproduce any such information in any manner, including electronic reproduction by "uploading" or "downloading", without the prior written consent of Owner.

You are granted a limited, revocable, non-transferable, non-sublicensable license to use the Software solely for the purpose of requesting and retrieving the results from a single transaction to report on your own criminal background.

2. Restrictions

You will not, and will not allow any third party to
(i) modify or create derivative works of the Software,
(ii) decompile, disassemble, translate, reverse engineer or otherwise attempt to derive source code from any portion of the Software,
(iii) publicly disseminate information about or analysis of the Software.

You acknowledge that you have no rights to the Site or its contents.

3. Use of the Site

Use of the Site is at the discretion of the user; you assume sole responsibility. You acknowledge that the Site refers to partner technologies to complete your request, including:
(i) a payment processor, which is the only entity that will be aware of your payment details – the Site does not retain any specific information regarding the means by which you made payment for the services,
(ii) a credit reporting agency, which is used to confirm your identity – the Site does not receive any credit information from the reporting agency and the confirmation of your identity does not affect your credit rating.

You acknowledge that the retention of your personal data by the Site is required for the purposes of later audit by the RCMP. Your data will not be purged from the Site until after the RCMP audit retention policy expires.

You hereby acknowledge that your use of the Site and the Internet, including but not limited to the use of Web Browsers and E-mail, is at your sole risk.

Any rights not expressly granted herein are reserved.

4. Representations, Warranties and Limitations

Owner provides the Site on an “as is” basis, and makes no warranties with respect to the merchantability, fitness for a particular purpose, or any other warranty or guaranty including but not limited to the accuracy or usefulness of any materials provided by the Site.

Owner and its Agent provide no assurance that access to the Site will be uninterrupted or that information provided by the Site or its third party partners will be error free, and shall not be responsible for any errors, omissions or other inaccuracies in the Site or any materials provided.

Owner and its Agent are not responsible in any manner for direct, indirect, special, consequential or incidental damages, however caused, arising out of your use of this Site and/or any web browser or email facility, including any damages you may suffer if you transmit confidential or sensitive information to us or if we communicate such information to you at your request over the Internet.

Owner and its Agent shall not be responsible to you or any third parties for any direct or indirect, consequential, or other forms of damage or loss incurred in connection with the use of the Site or use of any third parties through the Site or retention of your data at the Site, regardless of the claim as to the nature of the cause of action, even if Owner or its Agent has been advised of the possibility of such damage or loss.

You agree to indemnify, defend and hold harmless Owner and/or its Agent, their officers, directors, employees, suppliers and third party information providers to the Site from any and all losses, expenses, damages and costs, including reasonable attorneys’ fees resulting from the use of this Site or any third party in connection with this Site, including negligent or wrongful conduct by persons or entities, or from unauthorised access or disclosure of private information.

5. Privacy

Owner is committed to protecting the privacy of your information. We request only the personal information that is required for the services being performed. We do not request any personal information that is not required.

The system operates under the audit requirements of the Royal Canadian Mounted Police. They require that your information remain available for a period of not less than two years. We conform to this requirement. On a regular basis, we scan the database and remove any personal records that are older than the audit period. After your record has been removed in this way, there will be no access to your personal information.

All data is maintained and transported in encrypted form. Personal data is not saved or provided except under the protection of encryption. We advise you that information is available using open email protocols. But the link that we provide accesses our system over encrypted protocols. We depend upon you to ensure your network access to our system is secure.

We do not market or resell email addresses or other information about our clients.

6. Termination

You acknowledge that Owner has the sole right to terminate or suspend your access to the Site, or to terminate the Site entirely at any time and for any reason. Owner’s sole responsibility will be to complete any incomplete transaction you may have initiated by performing the Services you requested if and only if payment has been made, or to return any such payment at its sole discretion.

7. Miscellaneous

This Agreement shall be governed under the laws of Ontario. You agree that any legal action or proceeding under this Agreement shall be referred to a court in the Regional Municipality of Peel.

You agree that any cause of action or claim you have with respect to the Site must be commenced within one year after the claim or cause of action arises or such claim or cause of action is barred.

The headings used in this Agreement are for convenience only and are not part of this Agreement.