Website Terms and Conditions of Use
All products and services mentioned on the site:
· are subject to the terms and conditions of the contracts and policies applicable thereto and may be changed without notice
· offered only in Canada and only to Canadian residents
· may not be available in all regions of Canada
· do not constitute an offer to buy or sell financial and real estate offering, nor that of the agents on our Service
· should not be construed as legal or financial advice
· are not intended to promote these products or services in other territories
1. Product and service information
If you have been supplied a hyperlink or have received user credentials enabling you to access our portal, and you have used the hyperlink or those credentials to access our portal, you are deemed a “User” and subject to the Terms of Service.
As a User you certify to us that: (a) you are at least 18 years of age, (b) you are legally able to enter into contracts, and (c) you are not barred from receiving or using the Services under Canadian Federal, Provincial, Municipal, or other laws.
You agree that by clicking “Sign Up” or taking similar action to register, access, or use our Service, you are agreeing to enter into a legally binding contract with NETTRAKK. If you do not agree to this contract, do not click “Sign Up” or “Accept” or otherwise take action signifying your intention to use the Service, and do not access or otherwise use our Service.
User shall not use the Service to: (i) send spam or unsolicited messages in violation of applicable laws: (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including those harmful to minors or in violation of third-party privacy rights; (iii) store or send material containing software viruses, worms, Trojan Horses or other harmful computer codes, files, agents, scripts or programs.
Users may not create a false identity on NETTRAKK, misrepresent such User’s identity, create a NETTRAKK profile for anyone else, or attempt to use another’s account. Users may not override any security feature or bypass or circumvent any access controls of use, or use bots or other automated methods to access the Service.
User must (a) use the Service only for its own business purposes as specified, (b) comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws,
export control laws, tax laws, and regulatory requirements, (c) provide accurate information to NETTRAKK pertaining to such User and keep such information updated, or (d) use the Service in a professional manner.
Users are responsible for the selection, installation, maintenance and operation of any hardware or software you use to access or use the Service. NETTRAKK is not responsible for any errors, failures or malfunctions of your computer or software. NETTRAKK reserves the right to change the system requirements as required or modify such information and data at any time without notice.
2. Restrictions of Use and Reliability and modification of information
All content is the property of NETTRAKK or its licensors and is protected by applicable copyright, patent, trademark or other intellectual property law. You may not reproduce, transmit, sell, display, distribute, publish, broadcast, circulate, modify, disseminate or commercially exploit any Service content without NETTRAKK’s written consent. You also agree not to use any Service content for any unlawful purpose. a) Although the Service includes material about the mortgage process, NETTRAKK is not providing personal mortgage or real estate advice through the Service and does not represent that any such decisions are suitable for you. You agree to make your own independent evaluation of the financial merits and suitability for you of any such mortgage or real estate transaction. b) The content of our site is as reliable as possible; however, we cannot guarantee that such information will be accurate, complete, and current at all times. c) The interest rates listed in the Service may differ from the current market rates of similar offerings. Neither NETTRAKK nor any of our third-party providers is under an obligation to update information to reflect circumstances that may occur after the date first appearing on the Service. d) You acknowledge that the Service does not constitute financial or legal advice. e) The Information does not supersede or replace annual mortgage summaries mailed to you by your respective lenders. In the event of a discrepancy between the information published on this site and that provided via Users actual Lenders, the information from the Lender shall prevail. f) Transmission or use of any material in violation of these Terms, any applicable law, rule or regulation (whether in Canada, the United States or any other country) or the rights of any third party is prohibited. This includes but is not limited to material that is copyrighted; protected by trademark, trade secret or patent; defamatory, threatening, obscene, lewd or indecent; or material that results in an invasion of privacy. g) You may not use the Service in any manner that would negatively impact it. You may not use any means of systematic retrieval of data or other content from the Service other than those expressly permitted. You may not obtain, or attempt to obtain, access to any material or information on the Service through any means not expressly authorized by NETTRAKK. h) The Service permits Users to send e-mail messages to your agents. However, you agree not to use e-mail to give your Agents any instructions affecting your mortgage or real estate.
By using the Service, you may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive, or otherwise harmful. NETTRAKK generally does not review user data or other content provided by Users or others, and NETTRAKK is not responsible therefor, nor for any misuse of our Service by others. The Service and any Third-Party Suppliers will not be liable for (i) any loss or damages incurred by you related to your use, attempted use or inability to use the Service, including damages caused by delays, errors, inaccuracies, unreliability of Services or Information, loss of data or software restoration; or (ii) special, incidental, consequential, indirect or punitive damages related to your use of the Service. The exclusions and limitations in this section apply whether the liability, loss or damage arises under contract, tort (including negligence), or equity, or under any other legal theory. Users are responsible for deciding if they want to access or use any third-party apps or sites that link from the Service. If you allow a third-party app or site to authenticate you or connect with your NETTRAKK account, that app or site can access information on NETTRAKK related to you and your connections. Third-party apps and sites have their own legal terms and privacy policies, and you may be giving others permission to use your information in ways NETTRAKK would not. Except to the limited extent it may be required by applicable law, NETTRAKK is not responsible for these other sites and apps – use at your own risk.
You hereby agree to indemnify and hold harmless NETTRAKK and its managers, principals, associates, employees, affiliates, vendors, licensors and agents, and any third-party providers from and against all claims, losses, liabilities, damages, costs and expenses (including reasonable legal fees and expenses) arising out of or related to your breach of these Terms or your use of the Service (i) in violation of these Terms; (ii) in violation of any rights of the Service or any third-party provider, including copyright, patent, trade secret, trademark or other intellectual property rights and publicity and privacy rights; (iii) in violation of any applicable law, rule or regulation; (iv) in a negligent or illegal manner; or (v) your failure to maintain the security of your Login as applicable in accordance with this Agreement. This indemnification is binding upon you and your executors, heirs, representatives, successors and assigns.
5. User ID and Password
You can be provided with or create a user ID, and you will create your own unique password. You can change your user ID and password (collectively, “Login”) on the Site. Your Login is for your personal use only. You are responsible for the confidentiality of your Login and agree not to share your Login with a third party. You are responsible for all acts or omissions occurring under your Login. You agree to notify NETTRAKK immediately if you (a) believe your Login has been lost or stolen; (b) believe the confidentiality of your Login has been compromised; or (c) learn of a possible or actual unauthorized use of your Login. NETTRAKK reserves the right to suspend or revoke your Login at any time without notice.
6. Support and Service Levels
As part of the Service, NETTRAKK will use commercially reasonable efforts to (a) ensure that the service is accessible over normal network connections, excepting downtime (planned or unplanned) due to necessary maintenance and troubleshooting (b) maintain the security of the Service and (c) provide web-based support during NETTRAKK’s regular business hours for service-related questions from Users.
Consumer Users acknowledge that NETTRAKK’s stated purpose is to increase business opportunities for mortgage agents and real estate agents by helping their respective clients increase the value of their knowledge and investment in real estate. As a result, Consumer Users understand and agree that foregoing limited non-exclusive licence grants NETTRAKK the right to share User Data relating to such Consumer Users with other Users in connection with the Service.
Our website’s infrastructure security system was designed according to best industry security practices. Our security system is equipped with:
· An encryption mechanism to protect data confidentiality
· A firewall to protect our network from external threats
· Specific security configurations to protect different types of information
· A user authentication system
· Antivirus protection
· Monitoring and surveillance systems
8. Loss and damage caused by our website content: limitations on our liability
We cannot be held responsible in any way for:
· Losses or damages that may arise directly or indirectly from the use of this site and the information contained therein
· Special or consecutive damages
· Third-party damages
· Damages that may arise from acts or deeds performed on the strength of the information contained on this site
· Damages suffered as a result of the disclosure of personal or confidential information that is transmitted to us via the Internet
· Damages that may arise from the unauthorized reproduction or use of the information contained on this site
· Losses or damage that may arise directly or indirectly from your use of the information on this site, the goods or services available either on or through websites not owned by NETTRAKK
9. Site access: interruptions, delays, failures and errors
The site is provided and accessible according to its availability. We do not guarantee that the site and its services can be used in a continuous or uninterrupted manner, that there will not be any delays, failures or errors.
10. Virus and other contaminating properties
We do not provide any guarantee against the transmission of viruses or other destructive or contaminating properties from our site to your computer system.
11. Fees and payment Terms
Although the service can be cancelled at any time, all current payment obligations are non-cancelable and all amounts paid are non-refundable.
Agents: Each User Agent shall be solely responsible for all sales taxes, network access fees, and regulatory and similar charges applicable to the Service, provided that in those jurisdictions in which NETTRAKK is required to collect sales tax, applicable sales tax based on the bill-to address and the sales tax rate in effect at the time of the purchase will be added to your total price. NETTRAKK may require automatic payments by credit card and all payments must be made in Canadian dollars.
12. Nonpayment and Suspension
NETTRAKK reserves the right to suspend any User’s access to the Service if the account with respect to such User’s Agent becomes delinquent prior to the next billing cycle. All fees with respect to the Service shall continue to accrue during any period the User’s access to the Service is suspended.
13. Restrictions; Termination
NETTRAKK may limit any User’s use of its Service, or restrict, suspend, or terminate a User’s account if NETTRAKK believes that such User may have violated these Terms of Service in connection with the Service, or any applicable law, or if NETTRAKK believes such User is misusing the service.
Any User may terminate this contract at any time by closing your account and no longer accessing or using our Service.
Upon termination or expiration of this Agreement for any reason, all rights to the Service granted by NETTRAKK to User hereunder will immediately cease to exist and User shall discontinue all use of the
Service. Accrued payment obligations will survive expiration or termination of this Agreement for any reason. Any amounts paid prior to a termination by a User Agent are non-refundable, even if such amount constituted pre-payment for a specified term and such termination occurs prior to expiration of such term.