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Terms & Conditions

Last Updated: June 12, 2022

LendEasy Financial Inc. (“LendEasy”) owns and operates the website located at https://www.lendeasy.ca(“website”). These terms of use apply to all users of the website, including users who upload any materials to the website, users who use services provided through this website, users who download the app and users who simply view the content on or available through this website.

By using this website you indicate your acceptance of these terms of use. If you do not accept these terms of use, then do not use this website or any of its content or services. These terms of use may be amended or updated by LendEasy from time to time without notice and the terms of use may have changed since your last visit to this website. It is your responsibility to review these terms of use for any changes. Your use after any amendments or updates of these terms of use shall signify your assent to and acceptance of such revised terms. Any new features that may be added to this website from time to time will be subject to these terms of use, unless stated otherwise. You should visit this page periodically to review these terms of use.

The Service

The LendEasy service allows individuals to work with our mortgage team to geta mortgage through the Website (the “Service”).

Content

All information, data, text, software, music, sound, photographs, graphics, video, messages or other materials, whether publicly posted or privately transmitted to the Website by viewers or users whether in forums or otherwise (“User Content”), is the sole responsibility of such viewers or users. This means that the viewer or user, and not, are entirely responsible for all such material uploaded, posted, emailed, transmitted or otherwise made available by using the Service. LendEasy 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 LendEasy be liable in any way for any materials, including, but not limited to, for 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 materials posted, emailed, transmitted or otherwise made available via the Service.

Restrictions on User Content and Use of the Service

LendEasy reserves the right at all times (but will have no obligation) to remove or refuse to distribute any User Content and to terminate users or reclaim usernames. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Use, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of our users and the public.

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; forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted to or through the Website or impersonate another person or organization; 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, without their permission; license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Website; or modify, translate, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of any software provided as part of the Website, except to the extent the foregoing restrictions are expressly prohibited by applicable law.

You also agree not to access the Website in a manner that utilizes the resources of the Website more heavily than would be the case for an individual person using a conventional web browser. Notwithstanding the foregoing, operators of public search engines may use spiders or other bots for the purpose of creating publicly available searchable indices of the materials on this Website.

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. LendEasy will not be responsible or liable for any use of User Content in accordance with these Terms. 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, this Website, and the information and materials that it contains, are the property of LendEasy and its 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, LendEasy 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 LendEasy names, trademarks, logos, domain names, and other distinctive brand features without our prior written consent. You shall not attempt to override or circumvent any of the usage rules or restrictions on the Website. Any future release, update, or other addition to functionality of the Website shall be subject to the terms of these Terms.

Feedback

If you provide LendEasy with any suggestions, comments or other feedback relating to any aspect of the Website and/or Service (“Feedback”), LendEasy may use such Feedback in the Website or in any other LendEasy products or services (collectively, “LendEasy Offerings”). Accordingly, you agree that: (a) LendEasy 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 LendEasy, (c) LendEasy (including all of its successors and assigns and any successors and assigns of any of the LendEasy Offerings) may freely use, reproduce, publicize, license, distribute, and otherwise commercialize Feedback in any LendEasy Offerings, and (d) you are not entitled to receive any compensation or re-imbursement of any kind from LendEasy or any of the other users of the Website in respect of the Feedback.

Links & Third-Party Websites

This Website (including User Content) may contain links to other websites that are not owned or controlled by LendEasy. In no event shall any reference to any third-party, third-party product or service be construed as an approval or endorsement by LendEasy of that third party, third-party product or service. LendEasy 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 LendEasy endorses or accepts any responsibility for the content or use of such websites, and you hereby release LendEasy from all liability and/damages that may arise from your use of such websites or receipt of services from any such websites.

Disclaimer of representations, warranties and conditions

The website, service, and all materials provided therein are provided “as is.” LendEasy specifically disclaims all representations, warranties and conditions, either express, implied, statutory, by usage of trade, the 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. LendEasy 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 LendEasy shall not be a party to any transaction that you may enter into with any such third party. LendEasy will not be liable for any type of content exchanged by means of the service or by any interactions among users. Limitation of liability. Under no circumstances shall LendEasy be liable for any direct, 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, 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 (v) any errors or omissions in any material on the website 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 LendEasy has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, LendEasy’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 cad dollars ($50) or (b) amounts you’ve paid LendEasy in the prior 12 months (if any). The foregoing limitations shall apply to the fullest extension permitted by law in the applicable jurisdiction.

Indemnification

You shall indemnify and hold LendEasy and its subsidiaries, affiliates, officers, agents, and employees, harmless from all claims, actions, proceedings, demands, damages, losses, costs, and expenses (including reasonable attorneys’ fees), incurred in connection with any materials submitted, posted, transmitted or made available by you through the service and/or any violation by you of these terms of use or any applicable law or regulation, and any interaction between you and other users. Termination. LendEasy may, under certain circumstances and without prior notice, immediately terminate your ability to access the Website or portions thereof. Cause for such termination shall include, but not be limited to, (a) breaches or violations of these Terms of Use or any other agreement that you may have with LendEasy (including, without limitation, non-payment of any fees owed in connection with the website or otherwise owed by you to LendEasy), (b) requests by law enforcement or other government agencies, (c) a request by you, (d) discontinuance or material modification to the website (or any part thereof), (e) unexpected technical, security or legal issues or problems, and/or (f) participation by you, directly or indirectly, in fraudulent or illegal activities. Termination of your access to the Website may also include removal of some or all of the materials uploaded by you to the Website. You acknowledge and agree that all terminations may be made by LendEasy in its sole discretion and that LendEasy shall not be liable to you or any third-party for any termination of your access to this Website or for the removal of any of the materials uploaded by you to the Website. Any termination of these terms of use by LendEasy shall be in addition to any and all other rights and remedies that LendEasy may have.

Availability & Updates

LendEasy may alter, suspend, or discontinue this Website at any time and for any reason or no reason, without notice. The Website, and/or Service may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons. LendEasy may periodically add or update the information and materials on this Website without notice.

Security

Information sent or received over the Internet is generally insecure and LendEasy 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. LendEasy will not be liable for any loss or damage arising from your failure to comply with these requirements.

General

These Terms of Use, together with any privacy policy that may be published on the Website, constitutes the entire agreement between the parties relating to the Website and Service and all related activities. These Terms of Use shall not be modified except in writing signed by both parties or by a new posting of these terms of use issued by LendEasy. If any part of these Terms of Use is held to be unlawful, void, or unenforceable, that part shall be deemed severed and shall not affect the validity and enforceability of the remaining provisions. The failure of LendEasy to exercise or enforce any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. Any waiver of any right or provision by LendEasy must be in writing and shall only apply to the specific instance identified in such writing.

Disclosure for Referral

If you have been referred by a realtor, or other referral source, they referrer must make you, the client aware that they are part of the referral program with LendEasy and that they will be paid of referral fee as part of the program. The referrer are held by FSCO and the government of Ontario to follow the laws and rules as laid out by Reg. 407/07: EXEMPTIONS FROM THE REQUIREMENTS TO BE LICENSED (view regulation). The Real Estate professional or referrer must also comply with all standard tax laws as well as the Real Estate and Business Brokers Act, 2002, S.O. 2002, c. 30, Sched. C (view act). 

“When providing information to a prospective borrower 

1.(1) A person or entity who refers a prospective borrower to a prospective mortgage lender is exempted under subsection 6 (4) of the Act from the requirement in section 2 of the Act to have a brokerage licence or a mortgage broker’s or agent’s licence if the person or entity complies with both of the following requirements and criteria: 

1. Before or at the time of making the referral, the person or entity informs the prospective borrower in writing, i. that the person or entity has received or will or may receive a fee or other remuneration, whether directly or indirectly, for making the referral, and ii. of the nature of the relationship between the person or entity and the prospective lender. 

2. The only other information that the person or entity is permitted to give to the prospective borrower is the name, address, telephone number, fax number, email address or website address of the prospective lender or of an individual who acts on behalf of the prospective lender. O.Reg. 407/07, s.1 (1). 

(2) Nothing in subsection (1) affects the right of a person or entity who does not have a brokerage licence or a mortgage broker’s or agent’s licence to refer a prospective borrower to a prospective lender for no fee or other remuneration. O. Reg. 407/07, s.1 (2).”

Referral Partner Information Sharing

We and our third-party partners may use your information to assess your preferences, determine your eligibility for offers, to contact you concerning these offers, or to provide information about products, services, promotions, and events. We can also share your information, including contact information, credit, and financial information, with our affiliates and/or partners for the purposes of developing and promoting products, improving and creating new products and services, staying up to date on your status and contacting you to offer products and services to you. If you have any questions about these Terms or if you wish to make any complaint or claim with respect to the Service, please contact us at: hello@lendeasy.ca