Terms of Service

[Last update: August, 8th, 2023]

  1. Acceptance of the Terms of Service

These website Terms of Service and conditions of use (“Terms”) for CompareMortgages.ca constitute a legal agreement and are entered into by and between you and Brightwise Media Inc. (doing business as CompareMortgages.ca and hereinafter referred to as “Brightwise”, “we”, “us”, and “our”). The following Terms, together with our Privacy Policy, govern your access to and use of CompareMortgages.ca (“Site”) and any services rendered or made available through the Site, including to your interactions with us in the course of your use thereof whether by phone, email, online chat or otherwise. Together, the Site and any services rendered or made available through the Site will be referred to as the “Services”. These Terms do not extend to websites, mobile applications or other services of third parties. We are therefore not liable for their privacy policies, procedures and practices. 

BY USING THE SITE, YOU ACCEPT AND AGREE TO BE BOUND AND COMPLY WITH THESE TERMS AND CONDITIONS AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OR THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE THE SITE.

You represent and warrant that you are over the age of 18. We do not allow individuals under the age of 18 to use our Services. If you are a minor, please refrain from using our Services.

  1. Changes to these Terms

Please revisit this page periodically to stay aware of any changes to these Terms, which we may update from time to time. If we modify the Terms, we will make them available through the Site, indicate the date of the latest version, and comply with applicable laws. Your continued use of the Services after the revised Terms have become effective indicates that you have read, understood and agreed to the current version of the Terms. If you disagree with any changes made to the Terms, please cease to use the Services. Additionally, if you restart using the Services, you are considered to have accepted the Terms then in effect. 

For clarity, the termination of these Terms pursuant to the previous paragraph will not affect any contracts that you have concluded with third-party financial institutions and other mortgage lenders.

  1. CompareMortgages.ca’s Role in Providing the Services

To get the most out of the Services, it is important to understand our role in providing the Services.

CompareMortgages.ca is an information organizer and aggregator that provides a comparison service for mortgage rates. You understand that CompareMortgages.ca is not a mortgage broker, lender, or provider of financial products. While we may refer you to mortgage professionals, we do not perform any mortgage brokerage activities or lending. We do not endorse, recommend, or otherwise know the terms of any agreement between you and one of our partners. You are responsible for ensuring that any such agreement is in your own interest. This includes conducting your own research and consulting a professional. We will not be a party to or held responsible for any such agreement.

When you submit information on the Site, you authorize us to use and provide this information to our partners. By providing this information to us, you consent to be contacted by us and by our partners via phone, SMS, email, mail, or otherwise. For more information on how we collect, use, and disclose personal information, please see our Privacy Policy.

Your information may be used by our partners for purposes not defined in these Terms. Our partners may define their own terms of service towards you. We will not be a party to or held responsible for any agreement, implicit or explicit, that you may have with our partners regarding the use of your information and any consequences that may arise from that use.

In order to help you, we need you to provide information that is accurate and complete, especially your contact information so that we or our partners can contact you quickly. You may be asked to provide certain information, including your name and contact information. We reserve the right to suspend or terminate access to the Site to anyone who supplies inaccurate or misleading information.

We do not directly generate any of the information about Third-Party Services you see on the Site, and instead this information is provided to us by third parties (generally financial institutions). This information may be inaccurate or incomplete through no fault of ours (for example, because the financial institution has changed its interest rate but has not yet told us about the change). When this happens, your ability to use the Services may be compromised through no fault of ours, and we cannot accept any responsibility for any problems or damages which might occur in relation with such Third-Party Services. You are responsible for checking and verifying any information received through our Services before acting on or using said information. If you choose to contact any of our partners, you agree that you do so entirely at your own risk.

The Site is not a substitute for actual legal, investment or professional advice from a licensed competent individual in their field of expertise. The information and services offered on this Site is provided with the understanding that CompareMortgages.ca is not 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.

You understand that we may receive payment for our Services, such as in the form of a referral fee. There is no charge to you. Any payment is due based on a separate agreement between us and the professional or third-party involved. Your use of our Services constitutes your acknowledgement of, and agreement to, this compensation agreement.

You agree that we may modify the Services provided or these Terms at any time. These changes may take effect immediately, and you agree that your continued use of our Services means that you accept the new Terms and any subsequent Services shall be governed by the new Terms.

If you decide to conclude or obtain a Service through the Site, your conclusion of a mortgage, transaction or financial product is not governed by these Terms and will be the subject of a separate contract with the third-party financial institutions or other mortgage financing company you are dealing with.

  1. Services Disclaimer

Brightwise, which operates the CompareMortgages.ca Site, is a wholly-owned subsidiary of nesto Inc. (“nesto”), a mortgage brokerage and a mortgage lender. The nesto financial products appear in the list of financial products listed on the Site, however all financial products are sorted according to rates and user selection criteria, and accordingly the nesto products do not receive any preferential treatment or advantage as compared to the other financial products listed on the Site.

  1. Conditions of Use

As a condition of your access and use of the Site, you agree that you may use the Site only for lawful purposes and in accordance with these Terms. 

Without limiting the foregoing, you warrant and agree that you shall not:

  1. In any manner violate any applicable federal, provincial, local, or international law or regulation including, without limitation, any laws regarding the export of data or software, patent, trademark, trade secret, copyright, or other intellectual property, legal rights (including the rights of publicity and privacy of others) or publish any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Policy;
  2. include any Site content in or with any product or service that you or others affiliated or related to you put out, copy any Site content onto your own or any other web site or application or “mirror” any content of the Site on any other server;
  3. use the Site in any manner that could damage, disable, overburden, impair, interfere with the security of, negatively affect the functioning of, or otherwise abuse, the Site’s system resources, accounts, servers, networks, affiliated or linked sites, connected to or accessible through the Site (including uploading, posting or otherwise transmitting to the Site 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 the Site’s infrastructure; or using any robot, spider or other automatic program or device, or manual process to monitor, copy, summarize, or otherwise extract information from the Site or the Content in whole or in part; or using the Site or its Content in any data matching or data mining, including the collection or use of information about other users or distributors such as their e-mail addresses without their consent; or otherwise circumventing or breaching any user authentication, password, security or control measures regarding the Site or any other internet resource or computer system);
  4. use the Site or its Content in any manner that is exploitive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age or other such legally prohibited ground or be otherwise objectionable, such determination to be made in nesto’s sole discretion;
  5. use the Site in any manner that may dilute or depreciate the name and reputation of nesto, any Marks (as defined herein), partners, licensors, content providers, service providers or contractors thereof, as applicable; 
  6. interfere with any other persons’ use and enjoyment of the Site or of the Internet generally; 
  7. conceal or misrepresent the author or origin of any messages or communication, or impersonate any person, or falsely state or otherwise misrepresent an affiliation with any other person, including any nesto Representative;
  8. disclose images of any person or private information about any person (such as names, telephone numbers, e-mail addresses, postal addresses, social insurance or other security number) without that person’s permission; and
  9. post or submit any materials to the Site which would violate any of the restrictions set out in the Terms.
  1. Communications

If we have your consent to do so in accordance with applicable law, whether implied or explicit, you may be contacted by CompareMortgages.ca, its identified partners or their respective representatives by telephone (on a recorded line), automated calling, pre-recorded calling, text message, email, fax, telephone or any means, but you may opt-out from such communications at any time. 

In the event you no longer want to receive communications from CompareMortgages.ca or its partners, you can opt-out by clicking or typing (as the case may be) the unsubscribe mechanism provided in the course of written communications, or by telling us that you do not want to be called again, in the case of verbal communications. We will attempt to address your request immediately, but it may take up to 10 days for us to process an opt-out request.

  1. Privacy and Confidentiality

We respect your privacy. For more information on how we collect, use, and disclose personal information, please see our Privacy Policy.

When you use our Services, you may have access to confidential information about CompareMortgages.ca or other entities, such as the financials, strategic and business information. Confidential information is any information which should be confidential in nature, and which is not publicly available. You may not use or disclose such confidential information except for the purposes of you using the Services.

  1. Intellectual Property

“Intellectual Property” means any and all proprietary rights provided under patent law, copyright law (registered and unregistered copyrights and unpublished work of authorship), trademark law, design patents or industrial design law, or any other common law principle applicable to the protection of intangible proprietary information or rights, including trade secret law or know-how generally, or the expression or use of such ideas, and any rights or claims in the foregoing. 

You agree and acknowledge that the Services are CompareMortgages.ca’s Intellectual Property, and the content may be protected by copyright owned by CompareMortgages.ca or its licensors. You may not copy the content of our Services or use our trademarks without our written authorization. More specifically, certain names, words, titles, phrases, logos, icons, graphics or designs in the Site, including without limitation CompareMortgages.ca and the CompareMortgages.ca logo, constitute trade-marks, trade-names, trade dress and/or associated products and services of CompareMortgages.ca, its partners, any licensor, content provider, service provider or contractor of CompareMortgages.ca or any other third party (collectively the “Marks”) and may be protected in Canada or elsewhere and their display on the Site 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, that are accessible via the Site without prior written authorization of CompareMortgages.ca or such third party is strictly prohibited. You may not register domain names that correspond to the Marks.

You may make suggestions, enhancement requests, recommendations or other feedback regarding the Services (“Feedback”). However, if you do so, you agree and understand that we own all rights (including moral rights), titles and interests to the Feedback. You hereby assign to us, without limitation of any kind, all rights, titles and interests therein, and we hereby accept such assignment.

  1. Links to Other Websites and Advertising 

For your convenience, this Site may provide links or pointers to other sites not operated by CompareMortgages.ca (“Third Party Sites”). We make no representations about any other sites that may be accessed from this Site. If you choose to access any such sites, you do so at your own risk. We have no control over the contents of any such Third-Party Sites and accept no responsibility for such sites or for any loss or damage that may arise from your use of them. You are subject to any terms and conditions of such Third-Party Sites.

  1. Disclaimer of Warranties

WE HEREBY EXCLUDE ALL REPRESENTATIONS, CONDITIONS AND WARRANTIES REGARDING THE SITE AND THE SERVICES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND INCLUDING ANY REPRESENTATION, CONDITION OR WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

NOTABLY, AND WITHOUT LIMITING THE GENERALITY OF THE PRECEDING PARAGRAPH, WE DO NOT GUARANTEE ANY PARTICULAR LEVEL OF UP-TIME OR AVAILABILITY OF THE SERVICES. THE SERVICES MAY BECOME UNAVAILABLE FOR MANY REASONS, INCLUDING SCHEDULED AND UNSCHEDULED MAINTENANCE BY US.

  1. Limitation of Liability

WITH THE EXCEPTION OF INTENTIONAL WRONGDOING OR GROSS NEGLIGENCE, WE SHALL NOT BE LIABLE FOR ANY DAMAGES CAUSED BY OR RELATED TO THE SERVICES, OUR ACTIONS OR INACTIONS, OR THESE TERMS (INCLUDING THE BREACH OF THESE TERMS). THIS LIMITATION OF LIABILITY SHALL APPLY TO ALL DAMAGES HOWEVER CAUSED, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PROPERTY, PRIVACY, STATUTE, OR OTHERWISE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

NOTABLY, AND WITHOUT LIMITING THE GENERALITY OF THE PRECEDING PARAGRAPH, WE SHALL NOT BE LIABLE FOR ANY LOST TIME, LOSS OF ENJOYMENT, LOSS OF DATA, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITIES, OR LEGAL FEES AND LITIGATION EXPENSES, HOWSOEVER CAUSED.

  1. Indemnification

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless CompareMortgages.ca, its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable legal fees) arising out of or relating to your breach of these Terms or your use of the Site.

  1. Termination

We may terminate these Terms without cause and without prior notice if we choose to discontinue the Services in whole or in part. We may also terminate these Terms if you violate the conditions of use in section 5 or otherwise materially breach these Terms.

You may terminate these Terms without cause at any time by ceasing to use the Services. If you begin using the Services again, these Terms will apply. 

Additionally, the termination of these Terms by either of us will not affect any contracts that you have concluded with third-party financial institutions, nor will it affect any other contract you have concluded with us.

  1. Governing law

These Terms shall be governed by and construed in accordance with the laws of the Province of Quebec and the federal laws of Canada applicable therein. The International Sales Conventions Act, RSO 1990, c I.10 or any similar legislation, does not apply to these Terms. 

  1. Choice of Forum

Any action or proceeding arising out of or relating to this Site and under these Terms will be instituted in the courts of the Province of Quebec and/or the Federal Court of Canada, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.

  1. Entire Agreement

These Terms (as amended from time to time) constitute the entire agreement between you and us regarding the Services. These Terms (and any amendments) replace and supersede any previous or existing agreement, contract, understanding, or representation regarding the Services.

For clarity, despite this Entire Agreement section, your purchases of financial products or services will be subject to separate agreements with third parties.

  1. Severability 

If any term or provision of these Terms is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms or invalidate or render unenforceable such term or provision in any other jurisdiction.

  1. Waiver

No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from these Terms operates, or may be construed, as a waiver thereof; and no single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

  1. Cumulative Remedies

The rights and remedies under these Terms are cumulative and are in addition to and not in substitution for any other rights and remedies available at law or otherwise.

  1. Assignment 

You may not assign any of your rights arising under these Terms without our written consent. 

  1. Survival

Sections 6, 7, 8, 10, 11, 12, and 14 will survive the termination of these Terms regardless of reason, and shall continue to bind both you and us.

  1. Status of the Parties

These Terms do not create any relationship of employment, partnership, agency/mandate, trust, franchise, or joint venture. 

  1. Amendments

These Terms can only be amended or suspended by following the procedure set out in section 2, above. 

  1. Contact

General inquiries may be sent to the following coordinates:

Brightwise Media Inc.
2200 Stanley Street
Montreal Québec
H3A 1R6

Email: legal@brightwise.ca