- The Service. MortgageRates.ca provides a comparison service for financial products including mortgage rates, credit cards, bank accounts, and home, automobile and life insurance, and obtain free credit reports from our partners (collectively, “Financial Products”), to allow Users to compare rates and evaluate the advantages and disadvantages of Financial Products in order to select the Financial Products that such Users believe to be best suited to their needs. In addition, there are certain Financial Products listed on the Website for which we do not have access to detailed information about features and benefits. For such products, you can submit your contact information (see further Section 3, below), and we will forward your information and request directly to the third party Financial Products provider or broker (“Vendor”), who will contact you with more information about the requested Financial Product (the “Services”).
- Service Disclaimer. By using the Services, you understand and acknowledge that MortgageRates.ca provides a platform for Users to get information on and compare third party Financial Products. MortgageRates.ca is not a provider, vendor or broker of Financial Products, nor is it a financial advisor. The information provided on the Website is provided for information purposes only and is not and should not be construed as financial advice or any other kind of advice. MortgageRates.ca makes no representations or warranties about the accuracy of any information contained on the Website, and shall not be responsible for any inaccuracies, misrepresentations, errors or omissions in the information provided therein, and some information may not always be up to date. Additionally, some of the information about certain Financial Products appearing on the Website is provided directly by Vendors, not by MortgageRates.ca (“Vendor Content”). As between MortgageRates.ca and Vendor, Vendors are exclusively responsible for Vendor Content, and MortgageRates.ca shall not be responsible for any Vendor Content or for any inaccuracies in any Vendor Content or any losses, claims, expenses, damages, or liabilities that arise as a result of any Vendor Content. Users are strongly encouraged to use common sense and discretion and to do their own research before relying on any of the information provided by the Website, and to consult an independent competent professional (such as, without limitation, an accountant, real estate agent, mortgage broker, insurance broker, or lawyer) before transacting with any Vendor for any Financial Product. We are not responsible for any advice provided by any professional you consult, nor are we responsible for the acts or omissions of any Vendor or User or for any actual, failed, proposed or discussed transaction following your use of the Services or any other decisions you make as a result of using the Website and/or Services. Users hereby understand and agree to use the information contained on this Website at their own risk.
- Registration. You do not need an account in order to view the Website. Users have the option to register for a MortgageRates.ca account. In order to register for an account, you will be required to provide your personal information such as your name, e-mail, and address. You will also be required to select a username and password. You are responsible for all activity that occurs on your account, so please select a strong password and do not share it with any other individual or entity. MortgageRates.ca is not liable for any of the activity occurring on your account, including any unauthorized access to your account. Please notify us immediately if you believe your account has been compromised.
- Rate Request Forms. For certain Financial Products (excluding Insurance Quotes, see Section 5, below), you will be able to click on a link on our Website that will re-direct you to the Vendor website to apply for the Financial Product you are interested in. For other Financial Products you may need to fill out a request form (“Request Form”) for more information about the Financial Product. If you fill out a Request Form you will be asked to provide additional personal information including your name, phone number, location, contact method, preferred time of contact and the details and certain other details specific to the Financial Product you are interested in (e.g. if you are interest in mortgage rates, you may be asked to provide the approximate amount of mortgage you require). We will forward your Request Form to applicable the Vendor, who will then contact you via your preferred contact method. You hereby consent to our collecting and processing the information you provide in your Request Form, and submitting it to the Vendor providing the Financial Product you are interested in.
- Insurance Quotes. If you are interested in an insurance quote, you will be asked to provide your postal code. Once you submit your postal code you will be re-directed to one of the MortgageRates.ca partners where you can input your information and receive an insurance quote. We may have different partners depending on what type of insurance you need. Additionally, the information that you will be asked to provide will also differ depending on what your insurance needs are. By submitting your postal code, you hereby consent to being redirected to the website of one of our partners.
- No Endorsement. MortgageRates.ca is not a provider, broker or vendor of Financial Products appearing on the Website. Any and all Financial Products that are listed or referred to on the Website are provided by third party vendors. MortgageRates.ca is not affiliated with any of the Vendors and does not endorse any of the Financial Products or other products and services of any Vendor whose products appear on our Website. Any reference to the word “partner” should not be interpreted as MortgageRates.ca endorsing any Financial Product of any Vendor appearing on, advertised on, or linked to our Website.
- User Eligibility for Financial Products. User understands and agrees that any transaction for any Financial Products is between User and Vendor. Users may not be eligible for any or all of the Financial Products appearing on the Website, or for the rates appearing on the Website, and the Vendor, and not MortgageRates.ca, is responsible for approving or denying any application for any Financial Products in its sole discretion.
- MortgageRates.ca Fees. The Website and Service is free for Users; however, Users understand and agree that MortgageRates.ca may receive fees for submitting Request Forms or making referrals to certain Vendors and/or our partner organizations.
- User Content. All information, data, text, comments, software, music, sound, photographs, graphics, video, messages or other materials, whether publicly posted or privately transmitted to the Website by Users whether in forums or otherwise (“User Content”), is the sole responsibility of such Users. This means that Users, and not MortgageRates.ca, are entirely responsible for all such material uploaded, posted, emailed, transmitted or otherwise made available by using the Service. MortgageRates.ca does not control or actively monitor User Content and, as such, does not guarantee the accuracy, integrity or quality of such content. Users acknowledge that by using the Service, they may be exposed to materials that are offensive, indecent or objectionable. Under no circumstances will MortgageRates.ca be liable in any way for any materials, including, but not limited to, any errors or omissions in any materials or any defects or errors in any printing or manufacturing, or for any loss or damage of any kind incurred as a result of the viewing or use of any User Content posted, emailed, transmitted or otherwise made available via the Service.
In using the Website and/or Service You shall not:
- copy any content unless expressly permitted to do so herein;
- upload, post, email, transmit or otherwise make available any material that:
- is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially or ethnically objectionable, encourages criminal behavior, gives rise to civil liability, violates any law, or is otherwise objectionable;
- you do not have a right to make available under any law or under a contractual relationship;
- infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party (including privacy rights);
- is or contains unsolicited or unauthorized advertising, solicitations for business, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or data or the Website or that of any users or viewers of the Website or that compromises a user’s privacy; or
- contains any falsehoods or misrepresentations or create an impression that You know is incorrect, misleading, or deceptive, or any material that could damage or harm minors in any way;
- impersonate any person or entity or misrepresent their affiliation with a person or entity;
- interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website or probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
- intentionally or unintentionally violate any applicable local, state, national or international law or regulation;
- collect or store personal data about other users or viewers;
- license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Website;
- modify, translate, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any software provided as part of the Website, except to the extent the foregoing restrictions are expressly prohibited by applicable law; or
- register for the Service on behalf of a group or corporate entity.
- License of Content. By submitting, posting or displaying User Content on or through the Service, you grant us (and our agents) a non-exclusive, royalty-free license (with the right to sublicense) to use, copy, modify, transmit, display and distribute such User Content. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any User Content that you submit.
- End User License. Except for User Content and Vendor Content, this Website, and the information and materials that it contains, including the comparisons and analyses of the Financial Products we provide are the intellectual property and/or proprietary information of MortgageRates.ca and its partners and licensors, and are protected from unauthorized copying and dissemination by copyright law, trademark law, and other intellectual property laws. Subject to the terms of this Agreement, MortgageRates.ca grants you a non-transferable, non-exclusive, license to (a) use the Website for your use. Nothing in the Terms gives you a right to use the MortgageRates.ca or MortgageRates.ca names, trademarks, logos, domain names, and other distinctive brand features without our prior written consent. Any future release, update, or other addition to functionality of the Website or MortgageRates.ca App shall be subject to the terms of these Terms.
- Feedback. If You provide MortgageRates.ca with any suggestions, comments or other feedback relating to any aspect of the Website and/or Service (“Feedback“), MortgageRates.ca may use such Feedback in the Website or in any other MortgageRates.ca products or services (collectively, “MortgageRates.ca Offerings“). Accordingly, You agree that: (a) MortgageRates.ca is not subject to any confidentiality obligations in respect to the Feedback, (b) the Feedback is not confidential or proprietary information of You or any third party and You have all of the necessary rights to disclose the Feedback to MortgageRates.ca, (c) MortgageRates.ca (including all of its successors and assigns and any successors and assigns of any of the MortgageRates.ca Offerings) may freely use, reproduce, publicize, license, distribute, and otherwise commercialize Feedback in any MortgageRates.ca Offerings, and (d) You are not entitled to receive any compensation or re-imbursement of any kind from MortgageRates.ca or any of the other users of the Website in respect of the Feedback.
- Advertising. You acknowledge and agree that the Website may contain advertisements for Vendor Financial Products and other third party products and services. If You elect to have any business dealings with a Vendor or other third party whose products or services may be advertised on the Website, You acknowledge and agree that such dealings are solely between You and such advertiser and You further acknowledge and agree that MortgageRates.ca shall not have any responsibility or liability for any losses or damages that You may incur as a result of any such dealings. You shall be responsible for obtaining access to the Website and acknowledge that such access may involve third-party fees (such as Internet service provider access or data fees). You shall be solely responsible for any such fees and also for obtaining any equipment that is required to access the Website. It is your responsibility to ascertain whether any information or materials downloaded from the Website are free of viruses, worms, Trojan Horses, or other items of a potentially destructive nature.
- Links & Third-Party Websites. This Website (including User Content) contains links to other websites that are not owned or controlled by MortgageRates.ca, such as our insurance quote partners. In no event shall any reference to any third party, third party product or service, including Vendor Financial Products, be construed as an approval or endorsement by MortgageRates.ca of that third party, third party product or service. MortgageRates.ca is also not responsible for the content of any linked websites. Any third-party websites or services accessed from the Website are subject to the terms and conditions of those websites and or services and You are responsible for determining those terms and conditions and complying with them. The presence on the Website of a link to any other website(s) does not imply that MortgageRates.ca endorses or accepts any responsibility for the content or use of such websites, and You hereby release MortgageRates.ca from all liability and/damages that may arise from Your use of such websites or receipt of services from any such websites.
- Release. Because we do not supervise or control interactions between Users and Vendors, and because we have very limited control, if any, over the legality, truthfulness or accuracy of various aspects of the Website or Services, You agree that You bear all risk and You agree to release MortgageRates.ca. (and their officers, directors, shareholders, agents, employees, affiliates, subsidiaries, and third party partners) (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, now and in the future, arising out of or in any way connected with Your use of the Services, Your interactions and transactions with Vendors, Your third party transactions, and our resolution of any disputes between Users. You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver.
- DISCLAIMER OF REPRESENTATIONS, WARRANTIES AND CONDITIONS. THE WEBSITE, SERVICE, MortgageRates.ca APP AND ALL MATERIALS PROVIDED THEREIN ARE PROVIDED “AS IS.” MortgageRates.ca SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR ANY OTHER LOSS THAT RESULTS FROM DOWNLOADING OR USING ANY SUCH MATERIAL. MortgageRates.ca DOES NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE WEBSITE OR IN RESPECT TO ANY WEBSITE THAT CAN BE REACHED FROM A LINK ON THE WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING ON THE WEBSITE, AND MortgageRates.ca SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD PARTY. MortgageRates.ca WILL NOT BE LIABLE FOR ANY TYPE OF CONTENT EXCHANGED BY MEANS OF THE SERVICE.
- LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL MortgageRates.ca BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM (I) YOUR USE OF OR YOUR INABILITY TO USE THIS WEBSITE, MortgageRates.ca APP OR THE SERVICE, (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES, (III) ERRORS, MISTAKES, OR INACCURACIES IN THE MATERIALS ON THE WEBSITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE SERVICE, ANY BUGS, VIRUSES, TROJAN HORSES, OR ANY OTHER FILES OR DATA THAT MAY BE HARMFUL TO COMPUTER OR COMMUNICATION EQUIPMENT OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THE WEBSITE OR MortgageRates.ca APP, OR (V) ANY ERRORS OR OMISSIONS IN ANY MATERIAL ON THE WEBSITE OR MATERIALS PROVIDED BY THIRD PARTIES, INCLUDING VENDORS, AND OUR CREDIT PARTNERS, OR ANY OTHER LOSS OR DAMAGE OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE. THESE LIMITATIONS SHALL APPLY EVEN IF MortgageRates.ca HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, MortgageRates.ca’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY U.S. DOLLARS ($50) OR (B) AMOUNTS YOU’VE PAID MortgageRates.ca IN THE PRIOR 12 MONTHS (IF ANY) THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENSION PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
- Availability & Updates. MortgageRates.ca may alter, suspend, or discontinue this Website at any time and for any reason or no reason, without notice. The Website, Service may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons. MortgageRates.ca may periodically add or update the information and materials on this Website without notice.
- Security. Information sent or received over the Internet is generally unsecure and MortgageRates.ca cannot and does not make any representation or warranty concerning security of any communication to or from the Website or any representation or warranty regarding the interception by third parties of personal or other information. You are responsible for safeguarding the password that you use to access the Service and you are responsible for any activities or actions under your password. You agree to keep your password secure. MortgageRates.ca will not be liable for any loss or damage arising from your failure to comply with these requirements.
If you have any questions about these Terms or if you wish to make any complaint or claim with respect to the MortgageRates.ca App or Service, please contact us at: support[at]mortgagerates.ca.