Terms and conditions

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Groupe Trak

Welcome to groupetrak.com (hereinafter “groupetrak.com” or the “Site”), a platform that allows companies and individuals to make online requests for investigation services. GROUPE TRAK – RAPIDE INVESTIGATION CANADA LIMITEE (HEREINAFTER “TRAK”, “We”, “Us” or “Our”) APPLIES ITS OWN TERMS AND CONDITIONS AS WELL AS ITS OWN CONFIDENTIALITY POLICY.

By using the Site, You agree to the following terms of use (hereinafter the “Terms of Use”). These Terms of use constitute an agreement between You (hereinafter “You” or “Your”) and TRAK and are important for each of the parties because they protect Your rights as a user as well as Our rights as the company. We reserve the right to amend the Terms of Use from time to time, without prior notice. You may consult the most recent version at any time by clicking on the link at the bottom of any of the pages on Our Site.

PLEASE READ THE TERMS OF USE CAREFULLY BEFORE USING THE SITE. PLEASE NOTE THAT BY USING THIS SITE, YOU ACCEPT THE TERMS OF USE AS WELL AS OUR CONFIDENTIALITY POLICY AND YOU AGREE TO BE BOUND BY THE TERMS OF USE AND OUR CONFIDENTIALITY POLICY. IF YOU DO NOT ACCEPT THE TERMS OF USE OR OUR CONFIDENTIALITY POLICY, PLEASE IMMEDIATELY STOP USING THE SITE AND ANY SERVICE AVAILABLE ON THE SITE. THESE TERMS AND CONDITIONS AND THE CONFIDENTIALITY POLICY ARE AGREEMENTS BETWEEN YOU AND TRAK.

TRAK offers You three investigation services (hereinafter, the “Services”) on the Site:

  1. Tenant screening;
  2. Localisation of persons;
  3. Solvency Search and /or Search of individuals or companies;

Each of these Services is subject to the present Terms and Conditions and the Confidentiality Policy.

By using the Site and by completing a request for Services, You accept the following Terms of Use:

  1. You must use the Site only in order to make a lawful request for Services;
  2. You agree not to make any illegal, fraudulent or false requests for Services. If such requests are brought to Our attention, We may cancel them and inform the appropriate authorities;
  3. You must provide TRAK with the reason or reasons for Your request for Services;
  4. If You do not provide all the necessary information, We may not be able to perform Our Services;
  5. By using the Site in order to make a request for Services, You confirm that You are at least 18 years old and have the capacity, at law, to enter into this agreement;
  6. You will not be reimbursed any costs incurred by TRAK further to a request for Services that does not comply with the Terms and Conditions;
  7. No reimbursement will be provided in the event a search is unsuccessful;
  8. If You request a Tenant Screening, You also agree to the following specific Terms of Use:
    • The duly signed Consent Form must, without exception, be attached to any request made on the Site;
    • TRAK will have forty-eight (48) working hours within which to carry out its investigation following a Tenant Screening request;
    • TRAK reserves the right to contact You to obtain an extension within which to complete its investigation for a Tenant Screening request;
    • If TRAK discovers that the people that need to be contacted as part of a Tenant Screening investigation are located outside Canada, You and TRAK will have to agree in advance on the additional fees to be paid to it. You may, however, decide not to continue with the investigation, in which case You will be reimbursed;
    • If You notify TRAK that You no longer want the Services, despite a request validly made on the Site, You may be reimbursed, save for an amount of $10.00 representing the costs incurred by TRAK to open Your file
  9. If You request the Localisation of Persons, You also agree to the following specific Terms of Use:
    • TRAK will have fifteen (15) working days within which the carry out the Localisation of persons. Beyond that period of time, TRAK will contact You for a follow-up. If You do not receive a phone call, You should call 1-877-619-0099 for a full follow-up;
    • If the person has not been found, TRAK will nevertheless provide You with a complete report of all relevant information, if any, obtained up to that point.
    • An unsuccessful search may also be postponed by one or more months, but You will have to make a new request and pay the usual fees;
    • If TRAK discovers that the person You are searching for is located outside Canada, You may have to pay additional fees to be agreed upon with TRAK. You may, however, decide not to continue with the localisation. In such a case, You will be provided with a report containing the information gathered up to that point, but You will not be reimbursed;
    • If You notify TRAK that You no longer want the Services, despite a request validly made on the Site, You may be reimbursed, save for an amount of $40.00 representing the costs incurred by TRAK to open Your file
  10. If You request a Solvency Search and /or Search of individuals or companies, You also agree to the following specific Terms of Use:
    • TRAK will have fifteen (15) working days within which the carry out Solvency search and/or Search of individuals or companies. Beyond that period of time, TRAK will contact You for a follow-up. If You do not receive a phone call, You should call 1-877-619-0099 for a full follow-up;
    • In the event of an unsuccessful Solvency search and/or Search of individuals or companies, TRAK will nevertheless provide You with a complete report of all the relevant information, if any, obtained up to that point.
    • An unsuccessful search may also be postponed by one or more months, but You will have to make a new request and pay the usual fees;
    • If TRAK discovers that the Service request pertains to an individual or company located outside Canada, You may have to pay additional fees to be agreed upon with TRAK. You may, however, decide not to continue with the Solvency search and/or Search of individuals or companies. In such a case, You will be provided with a report containing the information gathered up to that point, but You will not be reimbursed;
    • If You notify TRAK that You no longer want the Services, despite a request validly made on the Site, You may be reimbursed, save for an amount of $40.00 representing the costs incurred by TRAK to open Your file

TRAK does not represent or warrant that this Site or its servers are free of any virus or other harmful component, even if TRAK or its authorized representatives have been informed of the possibility of such harm. You expressly agree that the use of this Site, including any content, data or software program distributed, downloaded or accessible from or through this Site, will be at Your own risk. Furthermore, TRAK will not be held liable for the consequences arising from the interpretation of the data displayed on its Site.

The Site, including, but without limitation, all information and its content: text, data, icons, characters, images, photographs, music, sounds, messages and the HTML code used to generate the pages (collectively referred to as the “Data”), are the property of TRAK.

You are not authorized to sell Our Data, reformulate it, alter it, redistribute it, display it on Your own site or use it for any commercial purpose without having obtained Our prior written consent. TRAK will decide on a case by case basis whether to grant permission to use the Site contents.

If You believe an element on the Site constitutes an infringement of Your patent, trademark or intellectual property, please inform Us by email at [email protected] and include the following information:

  1. Proof of Your authorization to act on behalf of the owner of the patent or trademark;
  2. A description of the patent or trademark You claim to own;
  3. A description of the location of the alleged infringement on the Site;
  4. Your address, telephone number and email address;
  5. A statement that You believe, in good faith, that the disputed use is not authorized by the owner of the patent or trademark, its agent or the law;
  6. A statement by You that the information mentioned above is accurate and that You are the owner of the patent or trademark or You are authorized to act on the owner’s behalf; and
  7. Your handwritten or electronic signature.

TRAK will not, under any circumstances, be liable for any direct, indirect, incidental, exemplary, special or punitive damages or for any other damage of any kind whatsoever, including but without limitation, loss of use, loss of profits, or loss of data, whether pursuant to proceedings under contract or for civil liability and whether arising or associated, in any manner whatsoever, from or with the use or inability to use this Site or from or with the information and documents found on the Site or accessible therefrom, except if such damages result from its own acts or those of its representative.

You agree to defend and indemnify TRAK and its content or service providers as well as their officers, directors, employees and agents and save them harmless from and against any claim, damage, cost or expense, including a reasonable amount for extrajudicial fees, for anything that is directly or indirectly related to the Site, to Your breach of the Terms of Use or to Your display or transmission of any material on or through the Site, including, but without limitation, third-party claims with respect to information or materials used in violation of third-party property rights.

TRAK operates the Site from its offices in Saint-Hubert, in the province of Québec, Canada. The Site is accessible throughout Canada. Since laws may differ from one Canadian province to another, by accessing the Site, You and TRAK agree that the Terms of Use of the Site will be governed and interpreted in accordance with the laws of the province of Québec, which laws will apply to all matters relating to the use of the Site, regardless of any conflict of laws.

In the event of a dispute between You and Us regarding this agreement or Your use of Our Site, both parties agree to submit the dispute in the District of Longueuil, province of Québec, in accordance with the rules of the Civil Code of Québec and the Code of Civil Procedure

Please send any questions or comments to Us by email at [email protected].

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