LAST UPDATED: October 1st, 2020
PLEASE READ THESE TERMS AND CONDITIONS OF USE SET OUT BELOW (THE “TERMS AND CONDITIONS”) CAREFULLY. THESE TERMS AND CONDITIONS CREATE A LEGAL BINDING AGREEMENT BETWEEN YOU (AS DEFINED BELOW) AND RATE COMPASS FINANCIAL SERVICES INC. AND ITS AFFILIATES (COLLECTIVELY, “MRC” “WE” OR “US”). THESE TERMS AND CONDITIONS GOVERN YOUR ACCESS TO AND USE OF THE MRC WEBSITE LOCATED AT HTTPS://MYRATECOMPASS.CA (THE “SITE”), THE SERVICES PROVIDED BY MRC IN CONNECTION WITH THE SITE (THE “SERVICES”), AND THE MESSAGES, INFORMATION, DATA, TEXT, IMAGES AND OTHER CONTENT AVAILABLE ON OR THROUGH THE SITE OR THE SERVICES (COLLECTIVELY THE “CONTENT”, AND TOGETHER WITH THE SITE AND THE SERVICES, THE “PLATFORM”). THESE TERMS AND CONDITIONS EXEMPT MRC AND OTHERS FROM LIABILITY AND/OR LIMITS THEIR LIABILITY AND CONTAINS OTHER IMPORTANT PROVISIONS THAT YOU ACCEPT BY USING THIS PLATFORM. THIS PLATFORM IS PROVIDED BY MRC SOLELY FOR THE LIMITED PURPOSES IDENTIFIED IN THESE TERMS AND CONDITIONS AND ITS USE BY YOU IS CONDITIONAL ON YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. IN ORDER TO ENTER INTO THIS TERMS AND Conditions AND TO USE THE PLATFORM YOU MUST BE THE OLDER OF: (A) 18 YEARS OLD; OR (B) THE LEGAL AGE OF MAJORITY IN YOUR JURISDICTION OF RESIDENCE.
The Platform is free for Users (as defined below); however, Users understand and agree that MRC may receive fees for submitting your requests for more information or making referrals to certain Vendors (as defined below).
- Important Limitations of the Platform
By using the Platform, you understand and acknowledge that MRC provides a platform for Users to get information on and compare third party Financial Products (as defined below). MRC is not a provider, vendor or broker of Financial Products, nor is it a financial advisor. The Platform does not predict how certain Financial Products will perform or whether such products are appropriate for you. The Platform is an information tool that assists you as the User to identify certain Financial Products that may be of interest to you by comparing the rates and other data about a certain Financial Product, to the rates and data of other Financial Products as provided by Vendors. The results will vary depending on, among other things, the information you submit, the accuracy of the information you and Vendors provide to us. The Content on the Platform is not comprehensive and we provide no representation or warranty, and there is no condition, that the Content is accurate or complete. The Content provided on the Platform is provided for information purposes only and is not and should not be construed as financial advice or any other kind of advice.
Although the Platform provides personalized suggestions on Financial Products that may be of interest to you, some of the information about certain Financial Products appearing on the Site is provided directly by third party providers, not by MRC (“Vendor Content”). As such, prior to using relying on any Content (including Vendor Content) about a Financial Product or transacting with any Vendor for any Financial Product we strongly encourage you to use your common sense judgement and discretion, to do your own research and to consult an independent competent professional.
All Content, including the results of any Services, is based on a large volume of information, but Financial Products are complex and difficult to assess and not all factors that may affect a person’s use of a Financial Product are known or can be measured. The Platform is not exhaustive and does not incorporate every known risk factor for each individual. Further, the results of the Services are limited to the point in time at which you request such Services.
The Content and Services provided on or through the Platform is not a substitute for competent financial services advice. You should not use the Platform in place of a consultation with your financial advisor or other advisors. Do not act or rely upon the Content or Services without seeking the advice of a financial advisor or other advisors. Never disregard financial advisor or other advisors or delay in seeking their advice because of something you have read on the Platform or the results of the Services. We are not responsible for any advice provided by any advisor 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 Platform or any other decisions you make as a result of using the Platform. Users hereby understand and agree to use the Content contained on this Site at their own risk.
- Your Access to this Platform
By visiting, accessing or otherwise using this Platform, you agree on your own behalf as an individual, and on behalf of any entity on whose behalf you as an individual may act (collectively, “you” or “your”), to accept and abide by these Terms and Conditions for each use of and each visit to this Platform. If you do not agree to abide by these Terms and Conditions, do not use this Platform.
MRC has the right, in its sole discretion, to add to, remove, modify or otherwise change any part of these Terms and Conditions, in whole or in part, at any time. We will provide notice when we change these Terms and Conditions. Changes to these Terms and Conditions will be effective 30 days from the date of notice of such changes. Please check these Terms and Conditions regularly to determine whether any changes have been made to these Terms and Conditions by checking the date of the “Last Update” at the top of this document. Once notice is provided, it is your responsibility to review and consider the changes to these Terms and Conditions carefully. If any term, condition or any change to these Terms and Conditions is not acceptable to you, you must discontinue your use of this Platform immediately. Your continued use of this Platform thirty (30) days after notice of any change is provided will constitute your acceptance of those changes. These Terms and Conditions apply exclusively to your use of this Platform and do not alter the terms or conditions of any other agreement you may have with MRC. It is your responsibility to maintain a copy of these Terms and Conditions. We recommend that you download a copy of these Terms and Conditions on the day you agree to them and after each notice of change provided by us.
MRC may, at any time without notice or liability, and for any reason whatsoever, terminate, change, suspend or discontinue any aspect of this Platform, including: (i) changing the availability of, restricting access to, or imposing limits on any or all features or Services on, or links to, this Platform; (ii) adding, removing or changing any fees or charges for use of this Platform or any features of this Platform; or (iii) removing, adding, modifying or otherwise changing any Content or Services on this Platform. MRC reserves the right, in its sole discretion, to correct any errors or omissions in any portion of this Platform at any time without notice, but confirms that it has no duty to do so.
You agree to have these Terms and Conditions and any related information made available to you, and to otherwise have communications between you and MRC occur, electronically.
- If you visit, view, access or otherwise use this Platform as an individual on your own behalf these Terms and Conditions apply to you as the user, and in the case of any entity or person whose behalf you may act, such entity or person (“User”). In order to receive certain Services on the Platform, you may have to register for a MRC account (an “Account”). You must ensure that no other individual uses or otherwise accesses your Account.
- Financial products and services (including mortgages, credit cards, bank accounts, and home, automobile and life insurance, and free credit reports) provided to Users by an entity are collectively referred to as “Financial Products”. Entities that have suitable legal authority to provide Financial Products and use the Platform to advertise such products, or who act on behalf of a person providing Financial Products, are “Vendors”. Although MRC does not evaluate Vendors using the Platform, all Vendors are independent, financial services companies required by law to be registered to provide Financial Products, within the authorized scope of their profession. If you want information about any particular Vendor that uses our Platform, please consult their profile on the register on the website of the applicable regulator (the “Regulator”), or contact the Regulator or Vendor directly.
- User Communications
All information, data, text, software, images or other content that a User may post, submit, link to or otherwise make available to, on or through the Platform (“User Content”) is solely the responsibility of such User. All User Content that you provide through this Platform or in connection with any Services must be true, accurate, current, complete and not misleading. You must update your Account information promptly upon the occurrence of any change in such information. MRC and others will rely on the User Content you provide. You will be responsible for any and all liability, loss, damages and costs that you, MRC or others may incur as a result of the reliance on or use of such User Content, including your submission of any false, inaccurate, non-current, incomplete or misleading information or your failure to update your Account information promptly upon the occurrence of any change in such information.
MRC has the right, but has no obligation, to review, vet, reject or delete any User Content. Nothing on or provided to you in connection with the Platform (including any Financial Products), should be taken as an endorsement by MRC of any User Content or Vendor Content.
You hereby grant MRC a royalty-free, world-wide, perpetual and irrevocable license to store, use, reproduce, modify, publish, display, communicate by telecommunication, translate and distribute any and all User Content that you submit to the Platform, for use in connection with the Platform. You represent that you have the right to submit the User Content and to grant this license.
You agree that any User Content provided by you may be stored and used by MRC in its sole discretion, in connection with the MRC database which is used to compare the Financial Products provided by Vendors.
Any de-identified information gathered by MRC through or relating to your use of the Platform may be used by MRC for its own marketing, promotional and product and service development purposes, including that such information may be stored in a database and used by MRC to identify, customize and personalize user access to and asses utilization of the Platform and to improve the Platform and any results thereof. Such information may be shared among MRC, its affiliates, partners, suppliers, licensors and clients in furtherance of the foregoing purposes.
Subject to any applicable law, any suggestions, feedback or other communications (excluding any personal information) in relation to the Platform that are sent by or to you via this Platform or otherwise to MRC, whether solicited by MRC or otherwise, are on a non-confidential basis, and MRC may copy, reproduce, publish, modify or otherwise use, including to commercially exploit, them in any way or for any purpose without any compensation to you or anyone else. You agree to not assert any ownership right of any kind in such communications (including copyright, trade-mark right, patent right, unfair competition, moral rights, or implied contract) and you hereby waive any such moral rights in whole in favour of MRC and its successors, assigns and licensees as well as any right to receive any financial or other consideration in connection with such communication.
- Limited License
You are granted a non-exclusive, non-transferable, non-sub-licensable, revocable, limited license to access and use the Platform on your device, only for informational and information purposes and for the purposes identified in the description and/or specific terms and conditions of use, if any, of each of the Services made available through this Platform and solely for your own personal or internal company use. You may not modify any Content that you use. You must include with any display or copy of the Content its copyright notice (that is, the line at the bottom of this page). No other use is permitted.
All rights not expressly granted by these Terms and Conditions are reserved to MRC.
You may not:
- resell any aspect of the Platform;
- include any aspect of the Platform in or with any product that you create or distribute;
- copy or download any aspect of the Site, MRC App or Content onto your own or any other website;
- use this Platform in any manner that could damage, disable, overburden, impair, interfere with the security of, negatively affect the functioning of, or otherwise abuse, this Platform, system resources, accounts, servers, networks or affiliated or linked sites connected to or accessible through this Platform (including without limitation submitting or otherwise transmitting on this Platform any computer viruses, Trojan horses, worms or other files or computer programs which are potentially harmful, disruptive or destructive or that may impose an unreasonable or disproportionately large load on this Platform’s infrastructure; or use any robot, spider or other automatic program or device or manual process to monitor, copy, summarize or otherwise extract information from this Platform in whole or in part);
- use this Platform in a manner that infringes upon the legal rights of any other person (including privacy and personality rights, copyright, moral rights and other intellectual property rights);
- use this Platform in any data matching or data mining, including without limitation the collection or use of information about other users of the Platform (including their email addresses) without their consent;
- use this Platform in any manner that is unlawful (including by accessing this Platform from any location where such access may be illegal or prohibited), unethical, indecent, offensive, defamatory, derogatory, fraudulent, deceptive, harmful, abusive, threatening, vulgar, profane, pornographic, obscene, sexually explicit, sexist, racist, hateful, offensive, harassing, invasive of the privacy rights of others (this includes submitting any materials that depict, encourage, indicate, advocate or tend to incite any such conduct), or is otherwise objectionable or which does not respect the legal rights and interests of others;
- bypass any robot exclusion headers or other measures that MRC takes to restrict access to or use of the Platform or use of any software, technology or device to scrape, spider or crawl the Platform or harvest or manipulate data;
- submit any materials to this Platform which would violate any of the restrictions set out in these Terms and Conditions;
- use this Platform for commercial purposes or activities, other than for information purposes in association with Financial Products as provided by Vendors, including the following activities:
- selling or offering to sell any goods or services;
- soliciting for advertisers or sponsors;
- conducting contests, gaming or gambling or offering prizes, awards or any other incentives to any person;
- displaying advertising or sponsorship banners, including those generated by banner or link exchange services;
- soliciting for donations; or
- use of unauthorized or unsolicited junk mail, spam, chain letters, pyramid schemes or any other form of solicitation.
- use this Platform in any manner that may:
- dilute or depreciate the name and reputation of MRC, its Marks (as defined below) or its affiliates or associates;
- result in the circumvention or breach of any user authentication, password, security or control measures regarding this Platform or any other Internet resource or computer system;
- result in the unauthorized access to other persons' MRC Account and User Content (including User Content submitted to this Platform in connection with any Services) or interference with any other person’s use and enjoyment of this Platform or any Services;
- conceal or misrepresent the author or origin of any messages or communication, or that impersonate any person, or that falsely state or otherwise misrepresent an affiliation with any other person, including without limitation any MRC representative;
- disclose personal information about any person (such names, telephone numbers, email addresses, postal addresses) without that individual's permission.
- Proprietary Rights
The Platform and its components are protected by Canadian and worldwide copyright laws and treaty provisions. Any unauthorized copying, redistribution, reproduction or modification of this Platform or the Content by any person may be a violation of trade-mark and/or copyright laws and could subject such person to legal action. You agree to comply with all copyright laws worldwide in your use of this Platform and to prevent any unauthorized copying of any component of this Platform.
Certain names, graphics, logos, icons, designs, words, titles and phrases on this Platform, including without limitation “MRC”, constitute trade-marks, trade-names, trade dress and/or associated products and services of MRC (the “Marks”), and are protected in Canada and internationally and their display on this Platform does not convey or create any licence or other rights in the Marks. Any use of any of the Marks, in whole or in part, or of the trade-marks, trade names, trade dress and/or associated products and services of any MRC supplier or other third party that are accessible via the Platform, without prior written authorization of MRC or such third party, is strictly prohibited.
Other trade-marks, trade names, trade dress and associated products and services mentioned on this Platform may be those of their respective owners. The display of these trade-marks, trade names, trade dress and associated products and services on this Platform does not convey or create any licence or other rights in these trade-marks, trade names, trade dress and associate products and services. Any unauthorized use of them is strictly prohibited.
- Linked Platforms and Framing
Certain links on this Platform may take you to other sites. MRC provides these links only as a convenience. MRC is not responsible for the content of any such linked sites. MRC makes no representation or warranty regarding, and does not endorse, any linked sites or the content, products or services available on such sites. If you use these sites, you will leave this Platform. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses and other destructive elements.
MRC welcomes links to this Platform. However, you agree that if you link to this Platform your website shall not:
- create frames around any part of this Platform or use other techniques that alter the visual presentation of this Platform;
- imply that MRC is endorsing you or any other person, or your or such other person’s products or services;
- imply an affiliation between you or any other person, or your or such other person’s products or services, and MRC without the prior written consent of MRC;
- misrepresent the relationship of you or any other person with MRC or present false, misleading or otherwise damaging information or impressions about MRC or any of its products or services; or
- contain materials that may be interpreted as distasteful, harmful, offensive, or
You agree to indemnify and hold harmless MRC and its affiliates, partners, suppliers, licensors and clients from and against any and all claims arising from or relating to your linking to this Platform.
Any of your personal information which MRC collects via this Platform is subject to our Privacy Statement, which is incorporated by reference into these Terms and Conditions.
For certain Financial Products, you may be able to click on a link on our Site 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 form (“Information Request”) for more information about the Financial Product. If you fill out an Information Request you will be asked to provide additional personal information including your name, phone number, location, contact method and certain other details that you may voluntarily provide. If appropriate, we will forward your Information Request 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 Information Request, and submitting it to the Vendor providing the Financial Product you are interested in.
- Additional Terms
MRC is not obliged to monitor, screen, police or edit the use of the Platform, including materials submitted to this Platform, although MRC reserves the right to do so in its sole discretion. MRC will responds as it considers appropriate, in its sole discretion, if MRC becomes aware of any inappropriate uses of the Platform, including without limitation uses that constitute copyright infringement.
- Fees and Charges, Availability and Errors
You are solely, responsible for paying all fees and charges associated with using any applicable Financial Products, including any applicable taxes. MRC is not party to, and has no involvement in any agreements you enter into with a Vendor.
We currently provide the Platform to Users for free; however, MRC reserves the right to change the prices, fees and charges associated with this Platform and any services or Financial Products that may be made available through this Platform at any time and from time to time without any notice or any liability to you or any other person. MRC cannot guarantee that services or Financial Products advertised on this Platform will be available when requested by you. MRC also reserves the right at any time to reject, correct, cancel or terminate any Information Request.
MRC may, in its sole discretion, create or advertise promotions or promotional codes that may be redeemed for credit, or other features or benefits related to Financial Products, subject to the additional terms established by MRC or the applicable Vendor on a per promotion basis (“Promotions”). You agree that when participating in Promotions: (i) you must participate in accordance with the purpose of the Promotion, and in a lawful manner; (ii) such Promotions may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by MRC or the applicable Vendor; (iii) may be disabled by MRC at any time for any reason without liability to MRC; (iv) may only be used pursuant to the specific terms that MRC or the Vendor establishes for such Promotion; (v) are not valid for cash or other refund; and (vi) may expire as set out in the applicable terms. MRC or the applicable Vendor reserves the right to withhold or deny other any features or benefits of a Promotion, if any participation by you or any other user was in error, fraudulent, illegal, or under these Terms or any other terms established in connection with the Promotion.
MRC MAKES NO REPRESENTATION OR WARRANTY, AND THERE ARE NO CONDITIONS, OF ANY KIND REGARDING THIS PLATFORM AND YOU ACKNOWLEDGE AND AGREE THAT THIS PLATFORM IS PROVIDED ON AN “AS IS” AND AS AVAILABLE BASIS; ANY USE OF OR RELIANCE ON THIS PLATFORM SHALL BE AT YOUR SOLE RISK. FOR CLARITY, IN THIS SECTION 11 THE “PLATFORM” INCLUDES THE SITE, THE SERVICES, THE CONTENT, VENDOR CONTENT AND THE USER CONTENT.
TO THE FULLEST EXTENT PERMITTED BY LAW, MRC AND ITS AGENTS, SERVICE PROVIDERS, EMPLOYEES, OFFICERS, DIRECTORS OR REPRESENTATIVES (“MRC REPRESENTATIVES”), DO NOT MAKE ANY, AND EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES, COVENANTS AND CONDITIONS, EXPRESS OR IMPLIED, WHETHER ARISING BY STATUTE OR OTHERWISE AT LAW OR IN EQUITY, INCLUDING WITHOUT LIMITATION: (I) ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABLE QUALITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THOSE ARISING OUT OF COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE; (II) THAT THIS PLATFORM WILL MEET YOUR NEEDS OR WILL BE COMPATIBLE WITH YOUR DEVICE OR RELATED EQUIPMENT OR SOFTWARE; (III) THAT THE PLATFORM IS ACCURATE, RELIABLE, AUTHENTIC, CURRENT, OR COMPLETE; OR (IV) THAT THIS PLATFORM WILL CONTINUE TO OPERATE, OPERATE WITHOUT INTERRUPTIONS OR BE FREE OF ERRORS, BUGS OR VIRUSES.
IN ADDITION, MRC MAKES NO REPRESENTATION OR WARRANTY THAT THIS PLATFORM IS APPROPRIATE OR AVAILABLE FOR USE AT ANY LOCATIONS OUTSIDE CANADA. ACCESSING AND USING THE PLATFORM FROM LOCATIONS WHERE DOING SO IS ILLEGAL IS PROHIBITED. THOSE WHO CHOOSE TO ACCESS THIS PLATFORM FROM OTHER LOCATIONS DO SO ON THEIR OWN INITIATIVE AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAWS.
YOU SHOULD KEEP YOUR OWN BACKUP COPIES OF ALL MATERIALS YOU MAY USE, OR ALLOW OTHERS TO USE, IN CONNECTION WITH THIS PLATFORM, INCLUDING CONTENT AND MATERIALS SUBMITTED TO THIS PLATFORM. YOU ARE SOLELY RESPONSIBLE FOR, AND BEAR ALL RISKS AND LIABILITIES ASSOCIATED WITH, ALL ADVICE YOU GIVE OR REPRESENTATIONS YOU MAKE, BASED ON USING THIS PLATFORM. YOU ARE SOLELY LIABLE AND RESPONSIBLE FOR ANY AND ALL CLAIMS AND DEMANDS MADE BY ANY OTHER PERSON ARISING OUT OF, IN CONNECTION WITH, OR RELATING TO YOUR USE OF THIS PLATFORM, YOUR BREACH OF THESE TERMS AND CONDITIONS, YOUR VIOLATION OR INFRINGEMENT OF THE RIGHTS OF OTHERS, OR YOUR VIOLATION OF ANY APPLICABLE CIVIL OR CRIMINAL LAW. YOU ARE SOLELY RESPONSIBLE FOR ANY HARM CAUSED BY ANY CONTENT AND MATERIALS SUBMITTED TO THIS PLATFORM.
MRC REPRESENTATIVES ARE UNDER NO OBLIGATION TO VERIFY OR APPROVE ANY FINANCIAL PRODUCTS, OR THE IDENTITY OR QUALIFICATIONS OF VENDORS OR USERS OF THIS PLATFORM. MRC AND ITS SERVICE PROVIDERS DO NOT CONTROL THE USER CONTENT, THE FINANCIAL PRODUCTS OR VENDOR CONTENT SUBMITTED TO THIS PLATFORM BY ANY PERSONS OTHER THAN THEMSELVES AND DO NOT MONITOR, SCREEN, POLICE OR EDIT USER CONTENT OR VENDOR CONTENT FOR COMPLIANCE WITH APPLICABLE LAWS OR THESE TERMS AND CONDITIONS.
IF YOU USE THE PLATFORM FOR INFORMATION PURPOSES IN ASSOCIATION WITH PROVIDING ADVICE, ALL SUCH ACTIVITIES ARE AT YOUR OWN RISK. MRC REPRESENTATIVES ARE NOT PARTIES TO ANY SUCH ACTIVITIES AND DISCLAIM ANY AND ALL LIABILITY REGARDING ALL SUCH ACTIVITIES.
- Limitation of MRC’s Liability
YOU AGREE THAT IN NO EVENT WILL MRC OR ANY MRC REPRESENTATIVES HAVE ANY RESPONSIBILITY OR LIABILITY TO YOU OR ANY OTHER PERSON OR ENTITY, FOR ANY INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR FOR ANY DEATH, BODILY HARM, LOSS OR SUBSTANTIAL IMPAIRMENT OF THE FUNCTION OF A BODILY MEMBER, ORGAN, OR MENTAL FACULTY, DISFIGUREMENT, OR ANY PHYSICAL, MENTAL OR EMOTIONAL HARM, HARM TO BUSINESS, LOSS OF INFORMATION OR PROGRAMS OR DATA, LOSS OF PROFIT, LOSS OF SAVINGS, LOSS OF REVENUE OR LOSS OF GOODWILL ARISING FROM OR IN CONNECTION WITH THE USE OF OR ACCESS TO, OR ANY INCONVENIENCE, DELAY OR LOSS OF USE OF OR ACCESS TO, THIS PLATFORM, ANY FINANCIAL, PRODUCTS USER CONTENT OR ANY CONTENT OF ANY LINKED SITE (INCLUDING VENDOR CONTENT), OR FAILURE OF SUCH SITES, EVEN IF MRC OR ANY MRC REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS OR IF SUCH DAMAGE OR LOSS WAS FORESEEABLE. WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL MRC BE LIABLE TO YOU FOR ANY AMOUNT EXCEEDING THE GREATER OF EITHER TEN CANADIAN DOLLARS (CAD $10) OR ANY FEES PAID BY YOU TO MRC.
- Waiver of Jury Trial and Class Action Rights.
WITH RESPECT TO ANY DISPUTE ARISING OUT OF OR RELATED TO THE PLATFORM AND/OR THESE TERMS AND CONDITIONS: (A) YOU HEREBY EXPRESSLY GIVE UP YOUR RIGHT TO HAVE A TRIAL BY JURY; AND (B) YOU HEREBY EXPRESSLY GIVE UP YOUR RIGHT TO PARTICIPATE AS A VENDOR OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INCLUDING BUT NOT LIMITED TO CLASS ACTION LAWSUITS INVOLVING ANY SUCH DISPUTE.
- Your Liability
In addition, you agree that you are solely responsible, and shall indemnify and hold harmless all MRC Representatives, for any actions undertaken and User Content transmitted in the course of your usage of this Platform, and that you will comply with all laws that apply or may apply to your use of or activities on this Platform. MRC may investigate occurrences which may involve violations of such laws, and may involve, and co-operate with, law enforcement authorities in prosecuting users who are involved in such violations. MRC reserves the right at all times to disclose any information (including your personal information, account information payment information and materials submitted to the Platform) regarding your usage of this Platform (including any actual or perceived violations of applicable law) as MRC deems necessary or desirable to satisfy any law, regulation or governmental request.
- Choice of law
This Platform is controlled, operated and administered by MRC from its offices within the Province of Ontario, Canada. By accessing this Platform, you agree that all matters relating to the access to, or use of, this Platform shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without reference to its conflict of laws principles, and that you will comply with all such applicable laws.
Any claim arising from, in connection with or relating to this Platform, these Terms and Conditions, any transaction through the Platform, User Content or any related matters must be resolved before the Courts of the Province of Ontario, Canada sitting in the City of Toronto, and you hereby irrevocably submit and attorn to the jurisdiction of those Courts in respect of any such dispute.
- Termination of Use
If you breach any provision of these Terms and Conditions, then you may no longer use this Platform. MRC, in its discretion, shall determine whether these Terms and Conditions have been breached. The “Term” of this Terms and Conditions begins when you accept these Terms and Conditions or when you first use the Platform and continues until this Terms and Conditions are terminated in accordance with the rights under these Terms and Conditions.
MRC or its service providers may at any time and for any reason, with or without cause, and in their sole discretion, immediately: (i) suspend or terminate (in whole or in part) your MRC Account or your authorization to use this Platform; (ii) remove from this Platform and permanently delete and destroy any materials that you or others may have submitted to the Platform; (iii) restrict access to your account and the materials submitted to this Platform; and (iv) bar you from any future use of this Platform; all without any prior notice or any liability to you or any other person. You agree that upon the occurrence of any such event or if your use of the Platform is otherwise terminated, then you shall have no right to receive a refund of any fees and charges previously paid by you for unused services, and that these terms and conditions will continue to apply and be binding upon you in respect of your prior use of this Platform.
MRC and its service providers are not required to assess or otherwise determine the validity or legitimacy of any complaints or demands that they may receive regarding any materials that you may use or allow others to use in connection with this Platform (including materials submitted to this Platform) before MRC and its service providers take any remedial action that they consider, in their sole discretion, to be appropriate.
These Terms and Conditions, along with any additional terms included herein by reference, constitute the entire agreement between MRC and you with respect to the subject matter hereof, and supersede all communications, representations or agreements, either oral or written, between MRC and you with respect to this subject matter. If for any reason a court of competent jurisdiction finds any provision of these Terms and Conditions or portion thereof to be unlawful, void, or for any reason unenforceable, then that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms and Conditions (or, if the foregoing is not achievable, severed from these Terms and Conditions), and the remainder of these Terms and Conditions shall continue in full force and effect. No waiver of or consent to depart from the requirements of any provision of these Terms and Conditions shall be binding against MRC unless it is in writing and is signed by MRC. The failure by MRC to exercise, and any delay of MRC in exercising, any of its rights under these Terms and Conditions, in whole or in part, shall constitute or be deemed a waiver or forfeiture of such rights, neither in the specific instance nor on a continuing basis. No single or partial exercise of any such right shall preclude any other or further exercise of such right or the exercise of any other right. You and MRC are independent contractors, and no agency, partnership, joint venture, employment or franchise relationship is intended or created by these Terms and Conditions or your use of this Platform.
The provisions of these Terms and Conditions will enure to the benefit of and be binding upon MRC and its successors and assigns, and you and your heirs, executors, administrators, successors and personal representatives. You may not assign these terms and conditions or your rights and obligations under these Terms and Conditions without the express written consent of MRC, which may be withheld in MRC’s sole discretion. MRC may assign these Terms and Conditions and their respective rights and obligations under these Terms and Conditions without your consent. Each reference in these Terms and Conditions to “including” shall be deemed (if not already expressly so) to be followed by the words “without limitation”. The division of these Terms and Conditions into sections and the use of headings are for convenience or reference and shall not affect the interpretation of these Terms and Conditions.
Notices or communications to MRC in connection with these Terms and Conditions must be in writing and must be sent to MRC by email: email@example.com or by registered mail: Rate Compass Financial Services Inc. 1 Yonge St, suite 1801 Toronto, ON M5E 1W7, to the attention of: Legal Department. Notices to you from MRC may be sent by either email to the email address supplied for your account or by courier or regular pre-paid post to the postal address supplied for your account. Notices will be deemed to be received upon the earlier of: (a) two business days after deposit with a nationally recognized overnight courier; (b) ten business days after deposit in the U.S. or Canadian postal mail, provided that if there is a slow-down or other labour dispute which affects the delivery of a notice by mail then it will be deemed to be received by the receiving party at the actual time of delivery; or (c) in the case of e-mail notices to you, upon MRC receipt of your express acknowledgement of receipt of email transmission.
The parties to these Terms and Conditions have expressly requested and required that these Terms and Conditions, and all other related documents, be drawn up in the English language. Les parties conviennent et exigent expressément que ce Contrat et tous les documents qui s'y rapportent soient rédigés en anglais.
If you have any questions regarding these terms and conditions, please contact us at: firstname.lastname@example.org