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.
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.
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.
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.
- 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.
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.
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.
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.
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.
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.
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.