Last Updated: September 19, 2023

Lendesk Technologies ULC (“Lenderspotlight.ca”/”Lendesk”/“we”/“us”/“our”) OWNS AND OPERATES THE WEBSITE LOCATED AT WWW.LENDERSPOTLIGHT.CA (the “WEBSITE”). THESE TERMS OF USE APPLY TO ALL USERS OF THE WEBSITE OR, THE LENDER SPOTLIGHT MOBILE APP, INCLUDING USERS WHO UPLOAD ANY MATERIALS TO THE WEBSITE, USERS WHO USE SERVICES PROVIDED THROUGH THIS WEBSITE AND USERS WHO SIMPLY VIEW THE CONTENT ON OR AVAILABLE THROUGH THIS WEBSITE (“Users”/“you”).

 

BY USING THIS WEBSITE AND/OR SERVICE (DEFINED BELOW), YOU HEREBY PROVIDE TO US YOUR ACCEPTANCE OF THESE TERMS OF USE (“Terms of Use”). IF YOU DO NOT ACCEPT THESE TERMS OF USE, THEN DO NOT USE THE WEBSITE OR ANY OF ITS CONTENT OR SERVICES. THESE TERMS OF USE MAY BE AMENDED OR UPDATED BY LenderSpotlight.ca 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. USE OF THE WEBSITE OR SERVICES AFTER ANY AMENDMENTS OR UPDATES OF THESE TERMS OF USE SHALL SIGNIFY YOUR AGREEMENT AND ACCEPTANCE OF THE REVISED TERMS. YOU SHOULD VISIT THIS PAGE PERIODICALLY TO REVIEW THESE TERMS OF USE.

IN ORDER TO USE CERTAIN FEATURES OF THE WEBSITE, YOU MAY BE REQUIRED TO PROVIDE CERTAIN PERSONAL INFORMATION. ALL PERSONAL INFORMATION YOU PROVIDE TO US WILL BE TREATED IN ACCORDANCE WITH THE TERMS OF OUR PRIVACY POLICY, WHICH IS HEREBY INCORPORATED BY REFERENCE INTO THESE TERMS OF USE.

The Service

LenderSpotlight.ca provides a tracking service for mortgage products, guidelines and rates (collectively, “Mortgage Products”), to offer Users the ability to search for Mortgage Products that Users believe to be best suited to their needs. You may submit your contact information to us (see below), and we will forward you information regarding and allow you to search our database of third party Mortgage Products from various providers or brokers (“Vendor”), (collectively, the “Services”). There are two versions of the Service available, a basic offering of the Service (“Basic”) and a version with enhanced features (“Platinum”). Lendesk also offers a service that allows alternative lenders to upload their own interest rates and policy information to the Website (“Alternative Lending Product”).

Service Disclaimer. By using the Services, you understand and acknowledge that LenderSpotlight.ca provides a platform for Users to get information for Mortgage Products from Vendors about their Mortgage Products. LenderSpotlight.ca is not a provider, vendor or broker of Mortgage Products, nor is it a financial advisor. The information provided on the Website is provided for information purposes only and is not and should not be construed as financial advice or any other kind of advice. LenderSpotlight.ca makes no representations or warranties about the accuracy of any information contained on the Website, and shall not be responsible for any inaccuracies, misrepresentations, errors or omissions in the information provided therein, including as returned by the Lender Spotlight AI Assistant (the “AI Tool”). You acknowledge and agree that information on the Website may not be up to date.

Any information about Mortgage Products appearing on the Website is provided directly by Vendors (“Vendor Content”), not by LenderSpotlight.ca. Vendors are exclusively responsible for Vendor Content, and LenderSpotlight.ca shall not be responsible for any Vendor Content or for any inaccuracies in any Vendor Content or the results returned by the AI Tool, or any losses, claims, expenses, damages, or liabilities that arise as a result of any Vendor Content or the use of the AI Tool.

Users are strongly encouraged to use common sense and discretion and to do their own research before relying on any of the information provided by the Website, and to consult an independent competent professional (such as, without limitation, an accountant, real estate agent, mortgage broker, insurance broker, or lawyer) before transacting with any Vendor for any Mortgage Product. We are not responsible for any advice provided by any professional 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 Services or any other decisions you make as a result of using the Website and/or Services. Users hereby understand and agree to use the information contained on this Website at their own risk.

Registration or Subscription

Users may be provided the option to register or may be required to register for a LenderSpotlight.ca account.

Registration. If electing to register for an account, you will be required to provide your personal information such as your name, e-mail, and address. You will also be required to select a username and password. You are responsible for all activity that occurs on your account, so please select a strong password and do not share it with any other individual or entity. LenderSpotlight.ca is not liable for any of the activity occurring on your account, including any unauthorized access to your account. Please notify us immediately if you believe your account has been compromised.

Subscription for Basic. The subscription for Basic is free. Lendesk reserves the right to charge for this product in the future.

Subscription for Platinum. If the Client elects to subscribe for the Platinum, Client will order the Platinum Services under this Terms of Service by placing written, signed orders on a Subscription Form (defined below), which may set out the specific Services, the term of the subscription, any special terms and conditions, and fees or payment terms. “Subscription Form” means an online or offline order document representing the subscription to the Services that, upon execution or completion by Client, incorporates, and makes, these Terms of Service form part of the agreement between Client and us (the “Agreement”).

Subscription for Alternative Lending Product. If the Client elects to subscribe for the Alternative Lending Product, Client will order the Alternative Lending Product under this Terms of Service by placing written, signed orders on a Subscription Form (defined below), which may set out the specific Services, the term of the subscription, any special terms and conditions, and fees or payment terms. “Subscription Form” means an online or offline order document representing the subscription to the Alternative Lending Product that, upon execution or completion by Client, incorporates, and makes, these Terms of Service form part of the agreement between Client and us.

 

Free Trial. From time to time, Lendesk may, at its sole discretion, offer a free trial of Platinum on the terms and conditions set out in the communication making such an offer. Free trials of Platinum are for a period of 14 days, unless otherwise specified in writing by Lendesk. By submitting your payment details, you accept these terms and (i) consent to us using your payment details, (ii) acknowledge and agree to Terms of Service. If you decide that you do not want to become a paying user of Platinum upon the lapse of the free trial period, you have to terminate the Platinum Service at the designated unsubscribe section on the Website by the end of the free trial period. You may only use this free trial offer once. Lendesk reserves the right, in its absolute discretion, to withdraw or to modify a free trial offer at any time without prior notice and with no liability.

Combination. From time to time, Lendesk may, at its sole discretion, offer Spotlight Platinum in combination with one of Lendesk’s other products. When using any combination of Lendesk’s products, you agree to be bound by each of their respective online terms of service or use. The pricing for any combination of products is either displayed: (i) on the pricing page on the Website and may change from time to time, or (ii) in your order form and may change as specified in such order form. In a combination scenario your billing may occur in either the Spotlight account or other product’s account at our sole discretion. Lendesk reserves the right, in its absolute discretion, to withdraw or to modify a combination offer at any time without prior notice and with no liability.

Request Forms

For Mortgage Products information from Vendors, you will need to fill out a request form (“Request Form”) providing basic information that will be provided by us to Vendors. The Request Form will ask you to provide certain personal information, which may include your name, phone number, location, contact method, and certain details specific to the Mortgage Product you are interested in (e.g. you may be asked to provide the approximate amount of mortgage you require). We will forward your Request Form information to Vendors, who will then contact you via your preferred contact method. YOU HEREBY CONSENT TO OUR COLLECTING, PROCESSING, DISCLOSING AND DESTROYING THE PERSONAL INFORMATION YOU PROVIDE IN YOUR REQUEST FORM OR OTHERWISE THROUGH THE WEBSITE IN ACCORDANCE WITH OUR PRIVACY POLICY.

No Endorsement

LenderSpotlight.ca is not a provider, broker or vendor of Mortgage Products appearing on the Website. Any and all Mortgage Products that are listed or referred to on the Website are provided by third party vendors. Other than Related Party Brokerage, LenderSpotlight.ca is not affiliated with any of the Vendors and does not endorse any of the Mortgage Products or other products and services of any Vendor whose products appear on our Website. Any reference to the word “partner” should not be interpreted as LenderSpotlight.ca endorsing any Mortgage Product of any Vendor appearing on, advertised on, or linked to our Website.

User Eligibility for Mortgage Products

Users understand and agree that any transaction for any Mortgage Product is between Users and Vendors. Users may not be eligible for any or all of the Mortgage Products or for specific rates. The Vendor, and not LenderSpotlight.ca, is responsible for approving or denying any application you make for any Mortgage Product in its sole discretion.

LenderSpotlight.ca Fees

The Website and Service is free for Users; however, Users understand and agree that LenderSpotlight.ca may receive fees for submitting Request Forms or making referrals to certain Vendors and/or our partner organizations.

User Content

All information, data, text, comments, software, music, sound, photographs, graphics, video, messages or other materials, whether publicly posted or privately transmitted to the Website by Users whether in forums or otherwise (“User Content”), is the sole responsibility of such Users. This means that Users, and not LenderSpotlight.ca, are entirely responsible for all such material uploaded, posted, emailed, transmitted or otherwise made available by using the Service. LenderSpotlight.ca does not control or actively monitor User Content and, as such, does not guarantee the accuracy, integrity or quality of such content. LenderSpotlight.ca is not liable in any way for any materials, including, but not limited to, any errors or omissions in any materials, or for any loss or damage of any kind incurred as a result of the use or non-use of any User Content.

 

Alternative Lending Product

If you are subscribing for, and uploading User Content as part of, the Alternative Lending Product, you agree to the following additional terms:

• You are entirely responsible to maintain the current and up to date interest rate and policy information associated with the User’s alternative lender.
• We may, from time to time, audit the accuracy and currency of your User Content as it relates to the Alternative Lending Product. In the event that it is incorrect, we will have the right, in our sole discretion, to disable or delete your account.
• You may cancel your subscription for the Alternative Lending Product by providing a 30 days written notice to Lendesk at support@lenderspotlight.ca.

Restrictions on User Content and Use of the Service

LenderSpotlight.ca 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 for any reason.

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;
• 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;
• use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the Website for any purpose;
• collect or store data about other Users or viewers; or
• use the Service or Website, other than for personal use, or for a purpose that is competitive with the Service or Website.

If you violate any of these rules, then LenderSpotlight.ca may, in its sole discretion, suspend or terminate your account, or charge you damages of $4,000 which will be invoiced to you.

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. 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 and Vendor Content, this Website and the Service, and the information and materials that they contain, are and remain the intellectual property and/or proprietary information of LenderSpotlight.ca and its partners and 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 Terms of Use, LenderSpotlight.ca grants you a non-transferable, non-exclusive, license to use the Website for your personal use only. Nothing in this Terms of Use gives you a right to use the LenderSpotlight.ca or Vendors names, trademarks, logos, domain names, and other distinctive brand features without our prior written consent. Any future release, update, or other addition to functionality of the Website shall be subject to this Terms of Use.

Feedback

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

Advertising

You acknowledge and agree that the Website may contain advertisements for Vendor Mortgage Products and other third party products and services. If you elect to have any business dealings with a Vendor or other third party whose products or services may be advertised on the Website, you acknowledge and agree that such dealings are solely between you and such advertiser. LenderSpotlight.ca shall have no responsibility or liability for any losses or damages that you may incur as a result of any such dealings.

Links & Third-Party Websites

This Website (including User Content) may contain links to other websites that are not owned or controlled by LenderSpotlight.ca. Any reference to any third party, third party product or service, including Vendor Mortgage Products, shall not be construed as an approval or endorsement by LenderSpotlight.ca of that third party, third party product or service. LenderSpotlight.ca 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. You hereby release LenderSpotlight.ca from all liability and/damages that may arise from your use of such websites or receipt of services from any such websites.

Release

You hereby agree that you bear all risk and you agree to release LenderSpotlight.ca. (and their officers, directors, shareholders, agents, employees, affiliates, subsidiaries, and third party partners) (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, now and in the future, arising out of or in any way connected with your use of the Services, your interactions and transactions with Vendors, your third party transactions, and our resolution of any disputes between Users. You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver.

DISCLAIMER OF REPRESENTATIONS, WARRANTIES AND CONDITIONS. THE WEBSITE, SERVICE, AND ALL MATERIALS PROVIDED THEREIN ARE PROVIDED “AS IS.” LenderSpotlight.ca HEREBY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, 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 OBTAINED THROUGH THE USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE, LOSS OF DATA, OR ANY OTHER LOSS THAT RESULTS FROM DOWNLOADING OR USING ANY SUCH MATERIAL. LenderSpotlight.ca DOES NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE PROVIDED, ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE WEBSITE OR IN RESPECT TO ANY ACT OR OMISSION OF ANY VENDOR. LenderSpotlight.ca SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY THIRD PARTY, INCLUDING ANY VENDOR. LenderSpotlight.ca WILL NOT BE LIABLE FOR ANY TYPE OF CONTENT EXCHANGED BY MEANS OF THE SERVICE.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL LenderSpotlight.ca BE LIABLE FOR ANY 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, OR (V) 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 (VI) ANY ERRORS OR OMISSIONS IN ANY MATERIAL ON THE WEBSITE OR MATERIALS PROVIDED BY THIRD PARTIES, INCLUDING VENDORS, 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 LenderSpotlight.ca HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, LenderSpotlight.ca’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS TERMS OF USE (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) TEN DOLLARS (CANADIAN) OR (B) AMOUNTS LenderSpotlight.ca HAS ACTUALLY RECEIVED FROM YOU 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 LenderSpotlight.ca 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 YOUR USE OF THE WEBSITE, USER CONTENT, OR ANY MATERIALS SUBMITTED, POSTED, TRANSMITTED OR MADE AVAILABLE BY YOU THROUGH THE SERVICE AND/OR ANY VIOLATION BY YOU OF THESE TERMS OF USE.

Termination

LenderSpotlight.ca 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 LenderSpotlight.ca, (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 LenderSpotlight.ca in its sole discretion and that LenderSpotlight.ca 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 LenderSpotlight.ca shall be in addition to any and all other rights and remedies that LenderSpotlight.ca may have.

Website Access & Changes

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

Security

Information sent or received over the Internet is generally unsecure and LenderSpotlight.ca 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 any password that you may use to access the Service and you are responsible for any activities or actions under your password. You agree to keep your password secure. LenderSpotlight.ca will not be liable for any loss or damage arising from your failure to comply with these requirements.

 

Language

The parties confirm their express wish that this agreement and all documents related thereto be drawn up in the English language. Les parties confirment leur volonté expresse de voir la présente convention et tous les documents s’y rattachant être rédigés en anglais. If these Terms of Services are translated into any other language, the English language version shall prevail.

 

Quebec Waiver

If and to the extent applicable to User, User hereby waives any rights it may have pursuant to articles 2126 and 2129 of the Civil Code of Québec and acknowledges that its sole rights and recourses with respect to termination of these Terms of Service are those set forth in the Termination section.

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 LenderSpotlight.ca. 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 LenderSpotlight.ca 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 LenderSpotlight.ca must be in writing and shall only apply to the specific instance identified in such writing. You may not assign the Terms of Use, or any rights or licenses granted hereunder, whether voluntarily, by operation of law, or otherwise without LenderSpotlight.ca’s prior written consent. These Terms of Use are governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to conflicts of laws provisions. In the event of any dispute or proceeding the parties hereby agree to attorn to the exclusive jurisdiction of the Courts of the Province of British Columbia, in the city of Vancouver, British Columbia.

If you have any questions about these Terms or otherwise want to contact LenderSpotlight.ca, please contact us at: admin@LenderSpotlight.ca.