Terms and Conditions
[For reference purposes only]
LAST UPDATED: [April 8, 2019]
VERIFIED.ME SERVICE – TERMS AND CONDITIONS
Please carefully read this Agreement before agreeing to use the Verified.Me service (the “Service”). The Service allows you to authorize Identity & Data Providers to provide certain User Information about you to Relying Parties chosen by you. This Agreement is between you and SecureKey Technologies Inc. (“SecureKey”, “us”, “we” or “our”).
By clicking “Agree”,
- you are agreeing to be bound by this Agreement; and
- you are confirming either that you have reached the age of majority in the province in which you reside or that you are a minor and your parent or legal guardian has had an opportunity to review this Agreement and has consented to your use of the Service.
This Agreement takes effect on the date that you click “Agree”.
If you do not agree to this Agreement, click “Cancel” and you may not use the Service.
- “Agreement”means these Verified.Me Terms and Conditions and the Verified.Me Privacy Notice, which is incorporated into this Agreement, as may be amended by SecureKey from time to time upon notice to you in accordance with section 12.
- “Credentials” means the credentials that you use for authentication purposes to access services at your Financial Institution or which are otherwise required by your Financial Institution to access the Service, such as username, password, card number, biometric identifiers, (including fingerprints, voice patterns and facial recognition), one-time passcode or other information.
- “Electronic Access Device” means a cell phone, smart phone, mobile device, personal computer, tablet or other electronic device that you can use to access the Service.
- “Financial Institution” or “FI” means the financial institution in Canada with which you have a current banking relationship that has agreed to be an Identity & Data Provider and that you have chosen to act as your first Identity & Data Provider.
- “Identity & Data Provider” (which may sometimes be referred to as a ‘connection’) means an eligible organization in Canada that participates in the Service and that generates or holds User Information, including a financial institution, credit bureau, telecommunications provider, government departments and agencies and other eligible third parties.
- “Modification” has the meaning set out in section 4.
- “Personal Information” means information that can be used to identify you, including: name, email address, mobile or home phone number(s), mailing address, date of birth and certain of your account, profile or other information.
- “Released Parties” means SecureKey, your Financial Institution and all other Identity & Data Providers and Relying Parties that participate in the Service, and, as applicable, their respective affiliates, subsidiaries, divisions, suppliers and service providers, and all of their respective directors, officers, employees and agents, and “Released Party” means any one of them.
- “Relying Party” means an eligible organization in Canada that participates in the Service and that asks you to provide User Information through the Service to facilitate its interactions with you, for example, to help verify your identity or eligibility for Third Party Offerings. When adding a new Identity & Data Provider as a connection, you may be asked to share User Information with that new Identity & Data Provider; for the purposes of that sharing of User Information, that Identity & Data Provider will be deemed to be a Relying Party.
- “Third Party Offerings” has the meaning set out in section 7.
- “Third Party Terms” has the meaning set out in section 7.
- “User Information” means all Personal Information and other information about you, that is generated or held by Identity & Data Providers and that is available to be shared through the Service.
- “Verified.Me Privacy Notice” means the privacy notice located at https://verified.me/privacy-notice or any successor URL.
- “you” or “your” means the person who wishes to use the Service, and whose Credentials have been used to register for the Service.
- THE SERVICE
The Service is provided and operated by SecureKey. SecureKey will not charge you a fee to use the Service.
In order to register to use the Service, you will be required to select a financial institution with which you have an online banking relationship to create your Verified.Me account.
During your initial registration to use the Service and prior to each use of the Service, your Financial Institution will authenticate you using your Credentials. SecureKey has no access to your Credentials. The use of your Credentials to authenticate you is subject to and governed by the terms of your agreement with your Financial Institution.
This Financial Institution will then, for the purposes of the Service, become your first Identity & Data Provider. The Personal Information your Financial Institution has about you and that is shown as part of the registration process will be your initial User Information for the Service. If any of your initial User Information is incorrect, you must discontinue the registration process and contact your Financial Institution to update your information. After updating your information, you may attempt to register for the Service again.
After registration, you will have an opportunity to add (1) additional Identity & Data Providers as connections, or (2) additional User Information from your Identity & Data Providers, including your Financial Institution, to your Verified.Me profile.
The Service allows you to authorize your selected Identity & Data Providers to share certain of your User Information with a Relying Party to facilitate your interactions with the Relying Party (or if that Relying Party is another Identity & Data Provider, to facilitate its addition as a connection). No User Information will be shared without your authorization.
Except (1) in connection with a specific transaction where you expressly agree, (2) where the identity of the Identity & Data Provider or Relying Party is evident due to the nature of the transaction, the User Information that you agree to share or the then current participants in the Service, (3) as required by law, or (4) if an investigation is required (for example, as a result of an actual (or suspected) unauthorized transaction):
- an Identity & Data Provider will not know which Relying Party receives your User Information,
- a Relying Party will not know which Identity & Data Provider(s) provide your User Information, and
- SecureKey will not have access to your User Information forany particular transaction.
- YOUR RESPONSIBILITY FOR USE OF YOUR ELECTRONIC ACCESS DEVICE, YOUR CREDENTIALS AND THE ACCURACY OF YOUR USER INFORMATION
Your obligation to protect your Electronic Access Device, your Credentials, and the other information that you use to access and use your Electronic Access Device may be governed by your agreement with your Financial Institution. You will not be able to access the Service if your Financial Institution suspends or revokes your Credentials. If you suspect unauthorized use of your Credentials to access the Service, you should immediately notify your Financial Institution. Once the Service has been accessed using your Credentials, you are responsible for any instruction or consent given regarding your User Information, including any sharing transaction where your User Information has been provided to a Relying Party or another Identity & Data Provider.
You will have an opportunity to review certain of your User Information maintained by the applicable Identity & Data Provider that the Relying Party has requested be shared before you agree to share that information with that Relying Party. You are responsible for ensuring that any User Information that you have an opportunity to review through the Service before you agree to share it with a Relying Party is accurate and up to date. You are also responsible for ensuring the accuracy of your User Information in the systems of the applicable Identity & Data Providers before you share it; if any User Information that you have an opportunity to review is inaccurate, you agree to notify the Identity & Data Provider that maintains such User Information before you agree to share that User Information through the Service. In addition, you agree that you will not knowingly use the Service to share any inaccurate User Information.
- PERSONAL INFORMATION
When you agree to share User Information from your Identity & Data Provider(s) with a Relying Party through the Service, you are providing express consent to share all Personal Information that is included in such User Information. Although your User Information was originally collected by or on behalf of your Identity & Data Provider(s) under their respective terms and privacy policies, when you authorize your User Information to be shared with a Relying Party through the Service, you consent to the handling of all User Information shared through the Service (including all Personal Information) in accordance with this Agreement, including, for greater certainty, the Verified.Me Privacy Notice.
For more information about the collection, use and disclosure of your Personal Information as part of the Service, please see the Verified.Me Privacy Notice.
Neither SecureKey, nor any Identity & Data Provider is responsible or liable for any use or disclosure by any Relying Party of User Information provided to that Relying Party through the Service.
- MODIFICATION OF SERVICE OR TERMINATION OF SERVICE BY US
We reserve the right at any time to modify the Service, including the addition, modification or removal of Service features or functionality (collectively, a “Modification”). Information on Modifications will be made available at https://verified.me and/or through the Verified.Me mobile application. All Modifications will be subject to this Agreement. Subject to section 12, if applicable, your continued use of the Service after implementation of a Modification will mean that you agree to that Modification and its applicability to you.
Suspension or Termination
We reserve the right to interrupt, restrict or limit your use of the Service (or any part thereof), or to temporarily or permanently suspend, discontinue or terminate the Service or your participation in it, at any time.
- DISCONTINUING THE USE OF THE SERVICE BY YOU
You may discontinue your use of the Service at any time by closing your Verified.Me account.
You can close your Verified.Me account by following the steps listed in the ‘Delete Verified.Me Account’ section of the Verified.Me mobile application. You may also be able to close your Verified.Me account through your Financial Institution. Closing your Verified.Me account will mean that you no longer have an active Verified.Me account, you will not be able to initiate new transactions to share User Information with Relying Parties, sharing transactions that you previously authorized may not be completed, and you will no longer have access to any transaction records that summarize previous Verified.Me account activities. However, closing your Verified.Me account will not affect (1) any of the User Information held by your Identity & Data Providers or shared with your Relying Parties, or (2) any transaction records maintained by the Service.
If you wish to use the Service in the future after closing your Verified.Me account, you will need to complete the Service registration process again and set up a new Verified.Me account. You can use your existing Credentials to open your new Verified.Me account.
Deleting the Service’s mobile application from your Electronic Access Device will not close your Verified.Me account and will not affect any sharing transaction that you previously authorized. You will be able to access your Verified.Me account in the future by reinstalling the Verified.Me mobile application on your Electronic Access Device and re-entering your Credentials for your Financial Institution.
- INTELLECTUAL PROPERTY OWNERSHIP, RESERVATION OF RIGHTS
The Service is the intellectual property of SecureKey and its suppliers and licensors, and is protected by law, including the intellectual property laws of Canada, the United States and other countries, and by international treaty provisions. Except as expressly stated in this Agreement, this Agreement does not grant you any ownership rights in or to the intellectual property in the Service. All rights in the Service not expressly granted are reserved by SecureKey and its suppliers and licensors.
- THIRD PARTY OFFERINGS
The Service is designed to facilitate your interaction with various online services, websites and applications offered by Relying Parties (or, in certain instances, one of your Identity & Data Providers), including your access to or purchase of any products, services or information from them (“Third Party Offerings”). Third Party Offerings are provided by the applicable third party, and are not provided as part of the Service.
Your access to and use of any Third Party Offering, is governed by the terms and conditions respecting such Third Party Offering found on or through the applicable website, application or elsewhere (“Third Party Terms”). This Agreement does not change any Third Party Terms. You are solely responsible for fulfilling any commitments you make to the third party making the Third Party Offering available to you.
No Released Party endorses or makes any representations, warranties or guarantees with respect to any Third Party Offering, or is liable to you in any way with respect to any Third Party Offering (except if it is also the provider of the Third Party Offering, in which case the Third Party Terms apply to such Third Party Offering).
LIMITATIONS AND WARRANTIES CLAUSES:
- No Warranties or Conditions
You agree that your use of and access to the Service is at your sole risk. The Service is provided on an “as is” and an “as available” basis.
The Released Parties do not warrant the performance or results you may obtain by using the Service or that the Service will be error-free or uninterrupted, except to the extent any warranty, condition, representation or term cannot or may not be excluded or limited by law applicable to you in your jurisdiction.
Without limiting the foregoing, the Released Parties make no representations, warranties or conditions (express, implied or collateral whether by statute, common law, custom, course of dealing, usage of trade or otherwise) as to the Service including non-infringement of third party rights, merchantability, title, integration, security, accessibility, availability, accuracy, reliability, quiet enjoyment, satisfactory quality, or fitness for any particular or general purpose.
- Limitation of Liability
If you are a consumer within the meaning of applicable provincial or territorial consumer protection legislation, this section does not limit any legal rights that such legislation does not allow you as a consumer to waive. In particular, the limitation of SecureKey’s liability for the consequences of its acts will not apply if (1) the Consumer Protection Act (Quebec) applies to this Agreement, and (2) if you are a consumer within the meaning of that Act and you reside or are domiciled in the Province of Quebec. The liability of Released Parties will be limited to the fullest extent permitted by applicable law.
SecureKey is not charging you for the Service based, in part, on the allocation of liability between you and the Released Parties as set out in this section.
The Released Parties will not be responsible for lost profits, revenues, business or data; loss of privacy; damage to reputation; indirect, incidental, special, consequential, exemplary or punitive or other similar damages; or, to the extent permitted by law, direct losses or damages; in each case, relating to, arising out of, or in any way in connection with this Agreement or your use of or inability to use the Service, regardless of the cause of action (for example, contract, tort or otherwise), even if the Released Parties have been advised of the possibility of such damages.
This Agreement sets forth the entire liability of the Released Parties and your exclusive remedy with respect to the Service and its use.
You may not assign this Agreement. We may assign this Agreement to any successor provider of the Service by providing notice to you.
- Entire Agreement
This Agreement represents the entire agreement between you and us concerning the Service.
- Amendment and Termination of the Agreement
We reserve the right at any time to amend this Agreement by notifying you of such amendment at https://verified.me/terms-conditions and/or through the Verified.Me mobile application when you next use the Service. Your continued use of the Service after being notified of an amendment will mean that you agree to the new form of this Agreement, as amended.
If you do not agree to an amendment, you must close your Verified.Me account as contemplated in section 5. You may not amend this Agreement.
You may terminate this Agreement at any time for any reason by closing your Verified.Me account as contemplated in section 5.
This Agreement will terminate immediately without notice from us if you fail to comply with any provision of this Agreement, if we permanently terminate the Service or your participation in the Service or if your Verified.Me account is permanently closed for any reason.
Upon the termination of this Agreement, you will no longer be able to access the Service.
- Governing Law and Jurisdiction
If you reside or are domiciled in the Province of Quebec, this Agreement is governed by the laws of the Province of Quebec, and any dispute relating to this Agreement will be subject to the exclusive jurisdiction of the Courts of the Province of Quebec.
Otherwise, you agree that this Agreement is governed by the laws of the Province of Ontario, and that any dispute relating to this Agreement will be subject to the exclusive jurisdiction of the Courts of the Province of Ontario, in the City of Toronto.
- Additional Provisions
If any part of this Agreement is found to be void or invalid and unenforceable, it will not affect the validity of the remaining provisions of this Agreement, which will remain valid and enforceable according to its terms. The failure to enforce any term of this Agreement on one occasion will not prevent enforcement on any other occasion or the enforcement of any other term. Headings and captions will not be considered included for purposes of interpretation or application hereof, but are for convenience only.
Unless otherwise required by applicable law (1) you agree that you may not bring a legal action, regardless of form, for any claim arising out of or related to this Agreement more than two years after the cause of action arose, and (2) upon the expiration of such time limit, any such claim and all respective rights related to the claim lapse.
Except as expressly stated in this Agreement, there are no third party beneficiaries to this Agreement. The parties expressly acknowledge and agree that the Released Parties are third party beneficiaries of this Agreement, and it is agreed that we are acting as agent and trustee for them in respect of their rights under this Agreement.
Sections 2, 3, 5, 6, 8, 9, 10, 11, 13, 14 and this section 15, and such other provisions that by their nature should survive termination will survive the termination of this Agreement for any reason.
- Contact Information
If you have any questions, suggestions or feedback (collectively, “feedback”) about the Service or this Agreement, please submit such feedback to email@example.com. By submitting feedback to us, you agree that we may use such feedback for any purpose related to the Service without any obligation to compensate you.
- Copies of These Terms
A copy of this Agreement will be available through our mobile application and on our website at https://verified.me/terms-conditions. If you wish to retain a copy of this Agreement, you may email a copy to yourself through the mobile application or print it from our website.