TERMS AND CONDITIONS
Welcome to our website (the "Site"). By accessing and using the Site, you agree to be bound by the following terms and conditions ("Terms"). Please read them carefully before using the Site.
Acceptance of Terms
By accessing and using the Site, you agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Site.
Changes to Terms
We reserve the right to modify, amend, or update these Terms at any time and without notice. Your continued use of the Site following any such changes will be deemed as your acceptance of the modified, amended, or updated Terms.
Use of Site
You may use the Site for lawful purposes only. You agree not to use the Site for any unlawful purpose or in any way that violates these Terms. You also agree not to interfere with the proper functioning of the Site, including but not limited to, attempting to access restricted areas, tampering with the Site or its servers, or introducing viruses or other harmful code.
All content and materials on the Site, including but not limited to, text, images, graphics, logos, icons, and software, are owned or licensed by us and are protected by Canadian and international copyright and trademark laws. You may not copy, reproduce, distribute, display, or modify any part of the Site without our prior written consent.
Links to Third-Party Websites
The Site may contain links to third-party websites that are not owned or controlled by us. We are not responsible for the content or privacy practices of these websites. We provide these links for your convenience only and do not endorse or recommend any products or services offered by these third-party websites.
Disclaimer of Warranties
The Site and its content are provided on an "as is" and "as available" basis, without any representations, warranties, or conditions of any kind, express or implied. We do not warrant that the Site will be uninterrupted or error-free, that defects will be corrected, or that the Site or its server are free of viruses or other harmful components.
Limitation of Liability
We will not be liable for any damages, losses, or expenses arising from your use of the Site or your reliance on its content. This includes, but is not limited to, direct, indirect, incidental, consequential, special, punitive, or exemplary damages, even if we have been advised of the possibility of such damages.
These Terms and your use of the Site will be governed by and construed in accordance with the laws of Canada, without giving effect to any principles of conflicts of law.
If you have any questions or concerns about these Terms, please contact us at [insert contact information].
Mortgage Edge and its suppliers provide the information and services on this Site to you, the user, conditioned on your acceptance without modification of the terms, conditions and notices contained herein. Your use of this site constitutes your agreement to all such terms, conditions and notices.
The information and services offered on this Site are provided with the understanding that neither Mortgage Edge, nor its suppliers or users are engaged in rendering legal or other professional services or advice. Your use of the Site is subject to the additional disclaimers and caveats that may appear throughout the Site.
Mortgage Edge and its agents assume no responsibility for any consequence relating directly or indirectly to any action or inaction that you take based on the information, services or other material on this Site. While Mortgage Edge and its suppliers, strive to keep the information on this Site accurate, complete and up-to-date, Mortgage Edge, and its suppliers cannot guarantee, and will not be responsible for any damage or loss related to, the accuracy, completeness or timeliness of the information.
PERSONAL AND NONCOMMERCIAL USE LIMITATION: PROHIBITED USES
You may access, download and print materials on this Site for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, licence, create derivative works from, frame in another Web page, use on any other web site, transfer or sell any information, software, lists of users, databases or other lists, products or services obtained from this Site. The foregoing prohibition expressly includes, but is not limited to, the practices of “screen scraping” or “database scraping” to obtain lists of users or other information. If and when requested by Mortgage Edge, you agree to provide true, accurate and complete user information and to refrain from impersonating or falsely representing your affiliation with any person or entity. Except with the written permission of Mortgage Edge, you agree to refrain from accessing or attempting to access password protected, secure or non-public areas of this Site. Unauthorized individuals attempting to access prohibited areas of this Site may be subject to prosecution.
All materials on this Site (as well as the organization and layout of the Site) are owned and copyrighted or licenced by Mortgage Edge and, its affiliates or its suppliers. Copyright Mortgage Edge, 2006. All rights reserved. No reproduction, distribution, or transmission of the copyrighted materials at this Site is permitted without the written permission of Mortgage Edge and, its affiliates or its suppliers. Copyright Mortgage Edge
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of this Site, you warrant to Mortgage Edge, that you will not use this Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. If you violate any of these terms, your permission to use the Site automatically terminates.
You use this Site at your own risk. If your use of this Site or the materials therein results in the need for servicing or replacing property, material, equipment or data, neither Mortgage Edge, nor its affiliates are responsible for those costs.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Mortgage Edge, ITS AFFILIATES AND/OR ITS RESPECTIVE SUPPLIERS MAY WITHOUT PRIOR NOTICE MAKE IMPROVEMENTS AND/OR CHANGES IN THIS SITE INCLUDING BUT NOT LIMITED TO THE INFORMATION, SERVICES, PRODUCTS OR OTHER MATERIAL AT ANY TIME. ALL INFORMATION, PRODUCTS, AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. IN NO EVENT SHALL Mortgage Edge, ITS AFFILIATES AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR WITH THE DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY INFORMATION, PRODUCTS, MATERIAL AND/OR SERVICES OBTAINED THROUGH THIS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF Mortgage Edge, ITS AFFILIATES OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME PROVINCES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to indemnify, defend and hold harmless Mortgage Edge, its affiliates and suppliers from any liability, loss, claim and expense (including attorney’s reasonable fees) related to your violation of this Agreement.
LINKS TO THIRD PARTY SITES
CHANGES TO AGREEMENT
Mortgage Edge may modify this Agreement at any time, and such modifications shall be effective immediately upon posting of the modified Agreement. Accordingly, you agree to review the Agreement periodically, and your continued access or use of this Site shall be deemed your acceptance of the modified Agreement.
This website is applicable to and should only be used by persons 18 years of age or older located within the Canada or the United States of America. Access and use of this website by persons under the age of 18 or from locations other than Canada or the United States is prohibited. This Agreement and the resolution of any dispute related to this Agreement or this Site shall be governed by and construed in accordance with the laws of Canada without giving effect to any principles of conflicts of law. Failure by Mortgage Edge, or its affiliates to insist upon strict enforcement of any provision of this Agreement shall not be construed as a waiver of any provision or right. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Site or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. Any legal action or proceeding between Mortgage Edge, and/or its affiliates and you related to this Agreement shall be brought exclusively in federal court.
Mortgage Edge, and other Inc, logos, product and service names are trademarks owned and licenced to Mortgage Edge, or its affiliates (the “Marks”). Without the prior written permission of Mortgage Edge or its appropriate affiliates, you agree not to display or use in any manner, the Marks. All other trademarks are the property of their respective owners.
What Is Personal Information?
Why Mortgage Edge Collects Personal Information
Mortgage Edge collects and uses Personal Information for the following purposes:
• Provide mortgage brokering services to the Client and offer products and services best suited to their needs, including arranging and/or renewing loan(s)/mortgage(s), informing the client of group creditor insurance and other products offered or approved, by Mortgage Edge or its affiliates that may be of interest to the Client.
• Checking Client credit worthiness through credit bureau inquiry and personal information agents who have information on a client’s financial position.
• Advising Clients of the financial options, as well as ongoing developments of the mortgage market and industry.
• Auditing the services provided to our clients.
• Compliance with all municipal, provincial, federal, and other applicable laws; and
• Such other specific purposes which are communicated to the Client by a member of Mortgage Edge before collection of such Personal Information, except when otherwise permitted by law, we will only use a Client’s Personal Information for the purpose identified to the Client. When Personal Information is to be used for a purpose not identified, we will take all reasonable steps to ensure that new purpose is identified prior to use.
How Do We Collect Personal Information?
The Client is our main source of information on their profile. We therefore require a client’s consent, to obtain information directly from a third party to help us determine eligibility and qualification for various financial products and services. For credit matters, for example, it is essential that we know the clients’ financial worth as well as the clients’ credit record. We will also contact other lenders, financial institutions, credit bureaus and employers. Consent is very important as a result, because without it, we will be unable to carry out the appropriate inquiries, and it may be difficult for us to offer the appropriate credit product requested by the client(s). In most cases, consent is given on the forms used for specific products or, from time to time, on a separate form. The declaration of consent is clear and unambiguous. 1 Regulation 188‐08, Section 57, PIPEDA
All Mortgage Edge Agents are required to obtain proper consent from each client applying for any credit facility governed under MBLAA, 2006. Failure to do so, can lead to the suspension of access to any and all credit reporting agencies, such as Equifax, Trans Union, and/or others offering similar services. Repeat offenders will be reported promptly to the appropriate regulating parties, and further consequences may result. Acceptable forms of consent would include the Consent Form supplied on the Filogix System. This form or other forms that comply with PIPEDA, must be signed, and acknowledged by each client prior to accessing their credit report, or any information that is contrary to the Privacy Act.
A member code for Equifax, or any of the credit reporting agencies will not be assigned to anyone new to the industry for at least 60 days, and only after our Mortgage Edge mentoring program has been successfully completed. Member codes will be assigned to agents who have been engaged in the industry for at least 12 months, and only after head office receives at last three lender references.
The most common method we use to obtain a client’s consent is by way of the Client’s consent as confirmed by the credit application, or consent form provided on the Filogix system, as mentioned above. Where practicable, we may also obtain a client’s consent through oral communications, to quickly be followed by written consent, (although this is not recommended since a credit reporting agency may not accept this method of authorization), or other written documentation such as in email format, with the name of the client(s), clearly outlined in the email address. Any form of written authorization must clearly outline that the client is authorizing the use of their information to procure their financing request, and that all information may be shared with a third party.
Our clients may withdraw their consent by written notice to us at any time, subject to any legal or contractual restrictions and reasonable notice. A Client’s refusal to provide, or subsequent withdrawal of, his or her consent may affect Mortgage Edge's ability to provide the Client with mortgage services. A member of Mortgage Edge will inform the Client of the implications of such withdrawal. To withdraw consent, a client should contact the Chief Privacy Officer in writing at:
Attn: John Bargis, Chief Privacy Officer
Park Place Corporate Centre
210-15 Wertheim Court
Richmond Hill ON L4B 3H7
Use and Disclosure of Personal Information
We will use a client’s personal information to provide financial advice and services to the client, to administer our database, to include clients in direct marketing activities and for the other uses described above under the heading “Why Mortgage Edge Collects Personal Information". Under certain circumstances, Mortgage Edge will disclose a client’s personal information to third parties. Specifically, personal information may be used, shared and disclosed to, from, or with, the members of Mortgage Edge, witnesses in a litigation proceeding, experts retained on a Client’s behalf, private investigators, agents retained on behalf of a client, credit reporting agencies, credit bureaus, as well as such other third parties as are necessary to facilitate the matter for which the client has retained our office and provided its consent. Under certain circumstances Mortgage Edge may disclose personal information where:
• required or authorized by law to do so, for example if a court issues a subpoena.
• a client has consented to the disclosure.
• when mortgage services by Mortgage Edge are provided to a client requiring us to give personal information about a client to a third party (for example, to a lender in a real estate mortgage transaction) the client’s consent will be implied, unless the client tells us otherwise.
• where it is necessary to pull a credit bureau for purposes of processing a mortgage transaction.
• protection of Mortgage Edge's best interests.
• protection of public interests such as the denouncement of criminal Activity such as fraud money laundering. In all such cases, authorities are contacted, and personal information may be disclosed.
• if we retain a law firm(s) to Act on our behalf for any reason; or
• if the information is already publicly known.
Limiting collection and retention of Personal Information
Mortgage Edge will retain Personal Information only for so long as it is needed to fulfill the purposes for which it was obtained and to meet our professional requirements as set out our governing regulatory bodies and/or any other legal requirement, statutory or otherwise, from time to time. The collection of information from client(s), will be processed after the receipt of proper consent as required by law, and will be obtained by way of properly completing a Filogix application, or by completing the equivalent of on a paper hardcopy application, to subsequently be entered into the Filogix system for the proper assessment and delivery of the transaction to a lender for approval. The Filogix application must be properly completed a verified prior to the delivery of the transaction to an appropriate lender, including a summary on the transaction for the lender to review in the comment section.
Mortgage Edge strives to ensure that a Client’s Personal Information is as accurate, complete, and up to date as is necessary for the purposes for which it is used. All lenders reviewing submitted transactions, rely on agents submitting each transaction for the accuracy of information to a large extent, and expect each agent to complete as much due diligence and best practices to ensure the validity of the information provided. These practices include confirming the identity of your clients, and carefully reviewing all documentation, such as income, down payments, appraisals, offers of sale and purchase, or any other documents relevant to each transaction before submission to a lender. This is a necessary step while processing each transaction, as it can only help to prevent fraudulent activity. Each Agent is responsible to ensure that all the information they collect is accurate, and fully disclosed to each lender they choose to submit their transaction to for approval, as is outlined in their Independent Agent Contract.
Mortgage Edge has quarterly sessions on fraud awareness for those Agents who wish to attend our training course on what to look for while reviewing documentation during the transaction process. It is also recommended that agents review frequently asked questions on FSCO’s website at www.fsco.gov.on.ca found on page 6067. For those who have any questions in relation to Standard Practices, agents are free to inquire with firstname.lastname@example.org, or can call 416-250-7250 for further inquiries.
Mortgage Edge endeavors to maintain adequate safeguards to protect against loss, theft, unauthorized access, disclosure, copying, use or modification of Clients’ Personal Information in the care of Mortgage Edge. Mortgage Edge uses various methods to safeguard personal information, including physical security, computer and electronic security, destruction of information no longer needed, and contractual protections with third party data processors. All of files a scanned and stored on three separate hard drives, two of which are stored at the head office, (15 Chaplin Court, Suite 210, Richmond Hill, Ontario), and a remote hard drive. All hard drives are updated each time files are audited, and scanning is completed. Hard copies of files required by the Financial Services Commission of Ontario, (FSCO), are maintained at head office dating back 12 months or until scanned. All prior years required by FSCO are stored at 15 Chaplin Court, Richmond Hill, and are available upon request by the appropriate parties.
Client lists are never passed on to third parties other than affiliated members of Mortgage Edge. When they are hired, our employees and agents must undertake to respect the confidential nature of client information. Only employees and associates who need to view the file as part of their work have access to this information.
Accountability, Openness and Client Access
Mortgage Edge will provide a client access to their Personal Information, only as required by law, and the policies of the credit reporting agencies. The Client may correct or amend any inaccuracies in the Client’s Personal Information. Mortgage Edge has the right to refuse a request for access to Personal Information if:
• The information is protected by legal privilege.
• Granting access would reveal confidential commercial information.
• The information was collected for purposes related to the detection and prevention of fraud.
• The information was generated in the course of a formal dispute resolution process.
• The information would likely reveal personal information about another individual.
• The request is vexation or frivolous.
• To protect our firm’s rights and property.
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