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Terms & Conditions Agreement
By using RateSheet.ca (hereinafter, referred to as ‘Website’) or any of the services
or features offered on the Website, you agree to abide by the following clauses
and provisions of this Terms & Conditions Agreement (hereinafter, referred to as
‘Agreement’). This Website is owned and managed by RateSheet.ca Inc. (hereinafter,
referred to as ‘We’ or ‘Company’ or ‘Us’ or ‘Our’).
This Agreement is a legal document and in case of breach of any, some, or all clauses
contained hereunder, We reserve the right to take any action against the infringing
user as per the relevant applicable law, including but not restricted to, suspension
and possible termination of the user Account without notice.
This Agreement, along with the Disclaimers, Privacy Policy, and any other existing
or future Agreement, forms the entire agreement between you and Us as regards the
subject matter contained herein, and supersede any prior agreements between you
and the Website.
In case any of the provision(s) contained hereunder or under the Disclaimers, Privacy
Policy, or in any other applicable legal document is/are unacceptable, your sole
remedy is to discontinue the use of this Website.
Modifications and Updates
This Agreement is subject to changes, updates, modifications, additions, deletions,
and revisions at any time without any notice to anyone. However, any substantial
changes or modifications to this Agreement will be notified to the registered users.
All the changes and updates will be effective from the time they are posted on this
page. We recommend that the users should periodically check this page for latest
updates and modifications to this Agreement. The continued usage of this Website
after the changes signifies the implied acceptance of the users to such amended
Agreement.
Last Updated on: December 8, 2010.
Privacy
We accord priority to protecting and upholding the online privacy of the users of
this Website. For this purpose, We have devised a separate Privacy Policy, which
forms part of the legal arrangement between you and the Website. Therefore, We advise
you to go through and agree to Our Privacy Policy by visiting this link.
Eligibility
This Website is meant for use only by the Canadian users who are eligible to enter
into a valid contract under the applicable law. Minors are, therefore, not allowed
to become members of this Website. We reserve the right to accept or reject the
application of the users desirous of becoming members of this Website. It shall
be the sole liability of the users to determine whether their use of the Website
is lawful, and it shall be incumbent upon the users to comply with all the applicable
local laws.
If this Agreement or the permission to use this Website is terminated by you or
the Company for any reason whatsoever, this Agreement will nevertheless continue
to apply and be binding upon you in respect of your prior use of the Website and
anything connected with, relating to or arising from such use.
The Disclaimers, Limitation of Liability, and Indemnity provisions in this Agreement
shall survive any termination of this Agreement
Modifications to Service
We reserve the right to modify or discontinue, temporarily or permanently, RateSheet.ca
(or any part thereof) with or without notice, at any time, and from time to time.
You agree that We shall not be liable to you or to any third party for any modification,
suspension or discontinuance of this Website.
General Description of Services
RateSheet.ca offers a common platform for the mortgage seekers and brokers to do
business. The mortgage seekers can post their requirements in the form of an online
application, and multiple brokers compete among themselves by bidding on the applications.
Mortgage seeker, then, chooses the broker that gives him the best deal.
Special Terms Governing Really Simple Syndication (RSS) Feeds
We reserve the right to provide Really Simple Syndication (RSS) feeds (hereinafter,
referred to as ‘RSS Feeds’) through this Website, which will enable you to access
certain portions of the Website content (hereinafter, referred to as ‘RSS Content’)
in Extensible Markup Language (XML) format for display on the designated pages of
your website (hereinafter, referred to as ‘Your Website’). By subscribing to the
Website’s RSS Feeds, you acknowledge that your use of the RSS Feeds and RSS Content
is subject to the terms and conditions set out in this clause as well as the terms
and conditions of this Agreement.
- Your use of the RSS Feeds shall be exclusively for non-commercial purposes.
- The Company grants you, subject to the terms and conditions contained hereunder,
a limited, non-exclusive, non-transferable, non-sub-licensable, revocable license
solely to incorporate and display RSS Feeds as provided by RateSheet.ca onto Your
Website under the name of RateSheet.ca or as otherwise designated by RateSheet.ca
in any manner. In the event of termination of this Agreement by any party at any
time, this license shall be automatically and immediately revoked. This license
does not permit any other uses of RSS Feeds, including without limitation, the incorporation
of advertising into or the placement of advertising associated with or targeted
towards the RSS Content. You are strictly prohibited from editing or modifying the
text, content or links supplied by RateSheet.ca in any manner whatsoever. You shall
be solely responsible for ensuring that the end-use of RSS Feeds you receive is
in accordance with the terms and conditions contained hereunder.
- You shall be solely responsible and bound to respect the integrity of the RSS Feeds,
RSS Content, RateSheet.ca trademarks.
- RSS Feeds and RSS Content must be separated from other content so that they may
not alter its meaning.
- The hyperlink contained in the RSS Feed and RSS Content must be used as is and may
not be removed under any circumstances. You further acknowledge that when a user
clicks on the RSS Content, the RSS Feeds must link and redirect to the intended
page on the Website. You agree not to display the RSS Feeds or Content in a manner
that amounts to blocking successful linking and redirection to, and delivery of
the appropriate Website page.
- You are prohibited from framing any page on the Website. You may not insert any
intermediate page, splash page or other content between the link from any RSS Feed
or RSS Content and the applicable Website page.
- The RSS Feeds and all materials displayed or otherwise made accessible through the
RSS Feeds, including without limitation, headlines, links, other source identifiers,
articles, text, trademarks, computer software and code (hereinafter, referred to
as ‘RSS Materials’) are protected under Canadian, international and other applicable
intellectual property laws. The Company owns and retains all rights, title and interests,
without limitation, in and to the RSS Materials.
- Notwithstanding anything to the contrary contained hereinbefore or hereinafter,
you acknowledge and agree that the RSS Feeds and RSS Content may not be used or
reproduced except as provided herein without the consent of the Company.
- We reserve the right to discontinue the provision of any and all the RSS Feeds at
any time. In such an event, you undertake to cease the display, distribution or
use any or all of the RSS Feeds for any reason, including without limitation, your
violation of any provision of this Agreement.
- We shall not be liable for any of your activities in connection with the RSS Feeds
or for your use of the RSS Feeds in connection with Your Website or your use or
your users’ use of this Website or RSS Feeds. Further, you agree to indemnify the
Company against any claim made by your users against the Website originating from
Your Website.
General License
You are given a non-exclusive, non-transferable, non-assignable, and revocable license
to use this Website under the clauses and provisions contained in this Agreement.
You expressly undertake not to copy, sell, trade, or otherwise commercially exploit
the content and services offered by this Website.
By submitting all kinds of content to the Website, you hereby grant to the Company
a worldwide, perpetual, irrevocable, royalty-free license to use, copy, modify,
display, and perform such submitted content, under all user intellectual property
and proprietary rights worldwide. You agree that the Company may preserve and disclose
any such submitted content or other information associated with you or your account
where required to do so by law or where such preservation or disclosure is reasonably
believed by the Company to be necessary to ensure compliance with the law, enforce
the Agreement or protect the rights and interests of the Company.
General Terms
- You acknowledge that the content on the Website is the proprietary property of RateSheet.ca
Inc.
- Some of the content on this Website may represent users’ Intellectual Property.
Any act from any member of the general public infringing on the intellectual property
of the Website users is strictly prohibited.
- You are expressly prohibited from indulging in spamming techniques while using this
Website.
- You are expressly prohibited from spreading technological nuisances, like viruses,
Trojans, worms, or other programs intended to damage, destroy, detrimentally interfere
with, surreptitiously intercept, or expropriate any system, data or personal information
on other computer systems.
- You are expressly prohibited from resorting to personal attacks, negative or unfair
criticism or other forms of discourteous and unprofessional online conduct or practices.
Further, any illegal act, including but not limited to, pornography in general,
child pornography, defamation, profanity, etc. is strictly prohibited from being
transmitted or propagated through any of the features provided on this Website.
We reserve the right to remove such content from the Website at any time without
notice to anyone.
Indemnity
You agree to indemnify and hold the Company, its subsidiaries, affiliates, officers,
suppliers, agents, co-branders, partners, employees, service providers, and directors,
harmless from any claim or demand, including reasonable attorney’s fees, made by
any third party due to or arising out of your violation of this Agreement; your
use of the Website or any of the features offered on this Website; and your placement,
posting or transmission of any message, information, software or other content on
or through the Website. You further agree to assist and cooperate to the fullest
extent as required by the Company in the de fence of any such claim or demand.
Limitation of Liability
EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT SHALL
THE COMPANY BE LIABLE TO ANY USER OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL,
EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES
ARISING FROM YOUR USE OF THE SERVICES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED
HEREIN, THE COMPANY’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF
THE FORM OF THE ACTION, WILL, AT ALL TIMES, BE LIMITED TO THE AMOUNT PAID, IF ANY,
BY YOU TO THE COMPANY FOR THE SERVICES.
Linking and Framing
The Company permits other websites to link to its Website. However, framing of the
Website or any of its content in any form whatsoever and by any method is strictly
prohibited unless explicitly permitted by the Company.
Notwithstanding anything to the contrary herein, We reserve the right to cancel
and revoke the permission to any party to link to the Website at any time, for any
reason or no reason whatsoever, without any notice, and without any liability to
such party or any other person.
In case of clarifications and doubts about Our Linking and Framing policy, please
feel free to Contact Us.
Waiver
The Company’s failure to enforce any right or to act with respect to any breach
by a user of any clause(s) of this Agreement shall not be construed as waiver of
that right nor waives the Company’s right to act with respect to subsequent or similar
breaches.
Severance
If any provision contained herein is held to be invalid or unenforceable by a competent
legal authority, such provision shall be struck off and the remaining provisions
remain enforceable.
Independent Contractor
You and the Company are independent contractors and no agency, partnership, joint
venture, employment or franchise relationship is intended or created by this Agreement
or your use of the Website.
Mortgage Rates
The mortgage rates shown on this Website are based on the information supplied by
Cannex, the datafeed supplier, and the individual lenders and mortgage brokers.
All rates are further subject to verification by Our suppliers. Please ensure that
all information provided is accurate in order to avoid delay or denial of coverage.
In the event that there are any discrepancies between the rates being provided and
the rates established by Our suppliers based on the same information, the latter
shall prevail. Further, the benefits and services provided through this comparison
system are subject to the terms, conditions and limitations of the applicable agreement(s)
governing them.
Jurisdiction
All the disputes arising out of or related to this Agreement, or your relationship
with the Website shall be subject to the laws and courts in the City of Toronto,
Province of Ontario, Canada, without regard to the conflicts of law provisions of
any jurisdiction.