Please read these Terms carefully before using the Services. By accessing or using the Services, the App or the Site, you agree to be legally bound by these Terms and all terms, policies and guidelines incorporated by reference in these Terms. If you do not agree with these Terms in their entirety, you may not use the Services, App or Site. The Services are not intended to be used by children. You must be at least of the age of majority in your jurisdiction of residence to use the Services.
TABLE OF CONTENTS
CMA FOR PROFESSIONALS
In these Terms, our customers who have subscribed to our Local Expert program or have placed their branding on a copy of the App are called “Agents ”, and our customers’ customers who use the Services (for example, to search, view and contact Local Experts) or download a branded version via an Agent's unique web link are called “Customers ”. In these Terms users of the Services, whether they are Agents, Customers, people who download any of our Apps, or casual browsers of the Site, are called “Users ” or referred to as “you ” or “your ”.
We reserve the right to change or modify any of the terms and conditions contained in these Terms, or any policy or guideline applicable to the Site, the App or the Services, at any time and in our sole discretion. If we do so, we shall post the new Terms on the Site. Once posted, the new Terms will be effective and apply to your use thereafter. If you do not agree with the changes, you can cancel your account with us without further obligation, except for any amount due for the balance of the billing period in which you cancel your account (if your billing period is monthly, we will prorate your account to the nearest month-end after cancellation). Unless otherwise specified, any changes or modifications will be effective immediately upon posting of the revisions on the Site, and your continued use of the Services after such time will constitute your acceptance of such changes or modifications. You should from time to time to review the Terms and any policies and documents incorporated in them to understand the terms and conditions that apply to your use of the Services. The Terms will always show the ‘last updated’ date at the bottom. If you do not agree to any amended Terms, you must stop using the Services. If you have any questions about the Terms, please email us at firstname.lastname@example.org.
The Services allow Agents to, among other things: advertise such Agent mortgage or real estate planning services on the (i) publicly available copy of the app; (ii) on device branded version of the app ("CMA PRO"). The Services allow Customers to, among other things: (i) estimate realistic monthly homeownership costs; and (ii) access, on a real-time basis, mortgage rates for fixed and variable mortgages with various terms as collected or received by us from a third party who receives same from various financial institutions and lenders in Canada (“Mortgage Rates ”). Users acknowledge that the Mortgage Rates are not provided by Bendigi and are received from a third party. BENDIGI DOES NOT VERIFY THAT THE MORTGAGE RATES ARE THE MOST CURRENT AND DOES NOT WARRANT AND HEREBY DISCLAIMS THE ACCURACY OR COMPLETENESS OF THE MORTGAGE RATES. The Services also include a functionality to allow Customers to upload information relevant to a mortgage application, which the Customer will then be able to submit to those Agents who are appropriately licensed for review and processing by such Agent (“Mortgage Application ”). Once the Mortgage Application is received by the Agent, Customer will be able to track the status of such Customer’s Mortgage Application as the Mortgage Application proceeds through the approval process by the Agent. This Service informs and enables a Customer to efficiently communicate with a licensed Agent. Bendigi may receive a fee for this Service from an Agent. This Service does not include and Bendigi specifically disclaims that this Service involves with the dealing with a mortgage and, in particular, Bendigi: (i) is not soliciting any individual, including any Customer to borrow, or any Agent to lend, money on the security of real property; (ii) is not itself providing information about any prospective borrower, including any Customer, to any prospective mortgage lender; (iii) does not perform any analytics or assessment regarding any individual, including any Customer, on behalf of any other entity or person; and (iv) is not negotiating or arranging a mortgage on behalf of any person or
entity, or attempting to do so.
In these Terms, the content available through the Services, including all information, data, logos, marks, designs, graphics, pictures, sound files, other files, and their selection and arrangement, is called “Content”. Content, except the Mortgage Application and the data contained therein, provided by Users is called “User Content ”. Except as otherwise set forth in these Terms, you are responsible for all visual or written information and any other materials that you submit and/or input into the App. You will not upload, post, email, transmit or otherwise make available any User Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another’s privacy, hateful, or racially, ethnically or otherwise deemed objectionable by Bendigi.
You will not upload, post, email, or transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letter,” “pyramid schemes,” “affiliate links” or any other form of illicit solicitation. You will not upload, post, email, transmit or otherwise make available any User Content that violates copyright, trademark or other laws protecting intellectual property or that violates an individual’s privacy rights. You will not upload, download, transmit or otherwise make available any code or material that harms or interferes with any device, software, network or service, including the App and Site. You will not violate any laws or regulations in your province or country (including laws governing intellectual property rights, online conduct or online content) in connection with your use of the Services and will comply with all applicable laws and regulations governing your use thereof. You represent that: (i) your Mortgage Application information, your User Content and any other information that you provide via the Services is true, accurate and not misleading; and (ii) you have all rights, licenses and permissions from third parties to use, reproduce, publish and display content belonging to others as part of your User Content. Our right to any User Content is the limited licenses to it granted under these Terms. Those licenses are described in Section “Limited License of Your User Content to Bendigi” and Section “Inactive Agents; Termination of Agreement” of these Terms. Other than the User Content and the Mortgage Application; all of the Services, Content and software available on the Services or used to create and operate the Services are the property of Bendigi or its licensors and is protected by Canadian and international copyright laws, and all rights to the Services, such Content and such software are expressly reserved. All trademarks, registered trademarks, product names and company names or logos mentioned in the
Services are the property of their respective owners. The App may contain links to other websites that are not under the control of the App or Bendigi. The inclusion of any link, references to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Bendigi, and Bendigi is not responsible for the content of any such linked sites.
We have no responsibility or liability for it, or for any loss or damage your User Content may cause to you or other people. Although we have no obligation to do so, we have the absolute discretion to remove, screen or edit without notice any User Content, other than the Mortgage Application, posted or stored on the Services, and we may do this at any time and for any reason. You are solely responsible for maintaining copies of and replacing any User Content you post or store on the Services.
We do not claim any ownership interest in your User Content, but we do need the right to use your User Content to the extent necessary to operate the Site and provide the Services, now and in the future. Therefore, by posting or distributing User Content to or through the Services, you: (a) grant Bendigi and its affiliates and subsidiaries a non-exclusive, royalty-free, transferable right to use, display, perform, reproduce, distribute, publish, modify, adapt, translate, and create derivative works from such User Content, in the manner in and for the purposes for which the Services from time to time use such User Content; (b) represent and warrant that: (i) you own and control all of the rights to the User Content that you submit or otherwise distribute, or you otherwise have the lawful right to submit and distribute that User Content, to or through the Services; and (ii) the use and transmission of such User Content does not violate these Terms and will not violate any rights of or cause injury to any person or entity. These licenses from you are non-exclusive because you have the right to use your User Content elsewhere. They are royalty-free because we are not required to pay you for the use of your User Content on the Services, and they are transferable because we need the right to transfer these licenses to any successor operator of the Services. Our rights to “modify, adapt, translate, and create derivative works from” are necessary because the normal operation of the Services does this to your User Content when it processes it for use in the Services. For example we may modify your submitted images by cropping and resizing it in various dimensions to optimize its display on the mobile device.
Bendigi grants you a limited, revocable, non-exclusive, non-sublicensable license to access the Services and to view, copy and print the portions of the Content available to you through the Services. Such license is subject to these Terms, and specifically conditioned upon the following: (i) you may only view, copy and print such portions of the Content for your own use; (ii) you may not modify or otherwise make derivative works of the Content, or reproduce, distribute or display the Content (except for page caching) except as expressly permitted in these Terms; (iii) you may not remove or modify any copyright, trademark, or other proprietary notices that have been placed in the Content; (iv) you may not use any data mining, robots or similar data gathering or extraction methods; (v) you may not resell, lease or provide them in any other way to anyone else, except as expressly permitted through the App, and (vi) you may not use the Services or the Content other than for their intended purpose. Except as expressly permitted above, any use of any portion of the Content without the prior written permission of Bendigi is strictly prohibited and will terminate the license granted in this Section, these Terms and your account with us. Any such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws. Unless explicitly stated herein, nothing in these Terms may be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. The license in this Section is revocable by Bendigi at any time. You represent and warrant that your use of the Services and the Content will be consistent with this license and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties, or violate any applicable law. To request permission for uses
of Content not included in this license, you may contact Bendigi at email@example.com.
Bendigi sells agents the ability to brand a version of the App (“Branded App “) and also the electronic advertisement (“Advertisement ”) on the non-branded version of the App for a monthly or annual fee. You acknowledge and agree that each CMA PRO account or subscription is limited to individual agents and is not licensed for teams or entire brokerages. If you plan to obtain a PRO account for a team or brokerage you must notify Bendigi of your intent and request a custom license. You acknowledge and agree that both the App and Advertisement remains the property of Bendigi for the entire term and you also agree not to promote anything illegal, unethical, or potentially offensive through Bendigi via the use of the links, ads, Local Experts, emails, or any other way. By clicking the Sign-Up or Create button which also creates a free profile, you agree to subscribe to our Mailing list hosted on Mail Chimp. We will not sell your email to a third party or abuse the awesome privilege to deliver occasional promotional emails to your inbox. You also agree not to directly or indirectly circumvent, tamper with or defeat the intent, purpose and/or functionality of the App and both its Website or mobile applications. You understand that violation of these Terms can be cause for immediate termination of your account. Bendigi has the absolute discretion to terminate and refuse to publish or continue to offer the Branded App service or the Local Expert advertisement and we may do this at any time and for any reason without prior notice. Bendigi cannot guarantee that the information provided by the Agent on their Branded App or the Local Expert information is correct on all versions of its App. As a precautionary measure, the Branding Service or the Local Expert section may be disabled on all versions prior to the current version of the App in order to better control the accuracy on the displayed information. Bendigi holds all the rights to adjust the fees and promotional offers from time to time. The promotional and regular monthly or lump sum fee may be increased or decreased by Bendigi, in accordance with its standard practices. You shall be offered options to continue with the increased fees via either upgrade, new subscriptions or discontinue upon request. Only those Agents that have signed a separate agreement with Bendigi in relation to the receipt of a Mortgage Application from a Customer may receive a Mortgage Application.
Any User who signs up as an Agent and who have created an account on our member site shall be deemed to have opted in to receive emails every now and then to help them to get the most out of the App. From time to time our support staff may contact or send out a casual email to Agents who may not have verified their email after signup or appear to have had issues with the Site. Subscription Renewal. Any User who signs up as an Agent and who have created an account on our member site shall be deemed to have opted in to automatic renewal of their monthly or annual lump sum membership fees. Bendigi’s payment system automatically charges the default credit/debit card associated with your account for the original subscription fee plus applicable taxes. You may cancel the automatic renewal at any time up to 24 hours before the renewal date by contacting our office at firstname.lastname@example.org or toll-free 1-844-236-3444. Bendigi does not charge a cancellation fee as part of the effort in removing services, profiles, content, or advertisement from active servers, app or websites. Bendigi will refund the account for any unused term, leads or credits that have been not been delivered up to the point of cancellation, except if the term of the contract is annual. Bendigi will notify you of the upcoming charge 30 days prior of processing the automatic renewal and instructions on how to cancel the automatic renewal. If the payment for your membership cannot be transacted for any reason, Bendigi will not process your automatic renewal and will notify you with instructions on how to manually renew your membership or how to update your payment information.
If you are an Agent, you warrant that you are authorized to publish the
Advertisement under the heading and in the territory indicated on your profile creation form, and to display the information, and that it does not violates any law. You also warrant that you hold all permits or licenses which may be necessary, including any license to practice issued by any professional or other regulatory body exercising its jurisdiction over your activities. You further warrant that you hold all the rights to use the trade-marks or trade names included in the Advertisement or on the Site and that such use does not violate any provision of any law or statute, including the Trade-Marks Act, the Copyright Act and any other law or statute relating to intellectual property.
If you are an Agent, you acknowledge that, in order to promote the Local Expert directories on the mobile App and Site, Bendigi may, from time to time, convey data, including statistics, or other types of information, which illustrate the results obtained by Bendigi’s Agents as a whole. You acknowledge that Bendigi does not guarantee that you will generate a certain level of business or that you will be contacted by potential clients. If you are a User looking for a Local Expert, you hereby acknowledge that such data is conveyed solely for informational purposes and that the results obtained by you may vary considerably from Agent to Agent.
To the maximum extent permitted by applicable law, you use the Services at your own risk. Bendigi will not be responsible for any harm to any computer equipment or device, any loss of data or any other harm that results from your use of the Services. BENDIGI DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SITE, CONTENT, APP OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR that the Site, Content, App or Services are accurate, complete, reliable, OR current. While Bendigi attempts to make your access to and use of the Services safe, Bendigi does not represent or warrant that the Site, Content, App or Services are free of viruses or other harmful components. YOU AGREE THAT FROM TO TIME, BENDIGI MAY REMOVE THE APP FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE APP AT ANY TIME, WITHOUT NOTICE TO YOU. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SITE, CONTENT, APP AND SERVICES ARE AT YOUR SOLE RISK. The Site, Content, App and Services are provided to you on an “as is” and “as available” basis without warranties from Bendigi of any kind, either express or implied, INCLUDING ALL implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.
You waive and shall not assert any claims or allegations of any nature whatsoever against Bendigi, its affiliates or subsidiaries, their sponsors, contractors, advertisers, vendors or other partners, any of their successors or assigns, or any of their respective officers, directors, agents or employees (collectively, the “Released Parties ”) arising out of or in any way relating to your use of the Site, the Content, our App or the Services, including, without limitation, any claims or allegations relating to infringement of proprietary rights, or allegations that any Released Party has or should indemnify, defend or hold harmless you or any third party from any claim or allegation arising from your use or other exploitation of the Site, the Content, our App or the Services. You use the Site, the Content, our App and the Services at your own risk.
Without limitation of the foregoing, neither Bendigi nor any other Released Party shall be liable for any direct, indirect, incidental, punitive, special or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of or inability to use the Site, the Content, our App or the Services, including without limitation any damages caused by or resulting from: (i) your reliance on the Site, the Content, our App or the Services or other information obtained from Bendigi or any other Released Party or accessible via the Site, the Content, our App or the Services, or (ii) that result from mistakes, errors, omissions, interruptions, deletion of files or email, defects, viruses, delays in operation or transmission; or (iii) any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to Bendigi or any other Released Party’s records, programs or services. In no event shall the aggregate liability of Bendigi, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of the Site, the Content, our App or the Services exceed, in the case of agent, any compensation paid by you for access to or use of the Site, the Content, our App or the Services, as the case may be, during the three months prior to the date of any claim; or in the case of customer, one dollar ($1.00).
You shall defend, indemnify and hold harmless Bendigi and the other Released Parties from any loss, damages, liabilities, costs, expenses, claims and proceedings arising out of your use of the Site, the Content, our App and the Services, and if you are an Agent, from your customers’ use of the Services and from the use of the Site, the Content, our Apps and the Services by any person to whom you give access to your account (including as staff), including any claims made by any person that any of your, and if you are an Agent, your customers’, User Content infringes the rights, including the intellectual property rights, of any third party.
Notices that we give you (other than the notice of amendment of these Terms, which is discussed in the introduction of these Terms) may be provided in any number of ways, depending on the circumstances. For example, we may email you or telephone you at the contact information you provide in your registration if you are an Agent or Mortgage Application. When we post notices on the Site, we post them in the area of the Site suitable to the notice. It is your responsibility to periodically review the Site for notices.
The Services are controlled by Bendigi and operated by it from its offices in Toronto, Ontario. You and Bendigi both benefit from establishing a predictable legal environment in regard to the Services. Therefore, you and Bendigi explicitly agree that all disputes, claims or other matters arising from or relating to your use of the Site, the Content, our App or the Services will be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms. If you choose to access the Services from locations other than Ontario, you will be responsible for compliance with all local laws of such other jurisdiction and you agree to indemnify Bendigi and the other Released Parties for your failure to comply with any such laws.
Notwithstanding any provision of these Terms, Bendigi reserves the right, without notice and in its sole discretion, without any notice or liability to you, to: (i) terminate your license to use the Services, or any portion thereof (including any use of our App); (ii) block or prevent your future access to and use of all or any portion of the Services or Content (including any use of our App); (iii) change, suspend or discontinue any aspect of the Services or Content; and (iv) impose limits on the Services or Content.
If you are an Agent and your account is inactive for at least three (3) consecutive attempts to contact you via email or phone, we may deactivate/disable your account. Deactivated accounts are not deleted—they are simply disabled and can be restored. We will notify you by email if we decide to deactivate your account. If you know in advance that your account will be inactive at some time and don’t want us to delete it, you may temporarily remove yourself from Local Expert without any penalty, by letting us know in advance at email@example.com. If after your account has been deactivated it stays inactive and we don’t hear from you, we may terminate it at any time and without notice. You and Bendigi may terminate your use of the Services including your agreement to these Terms at any time. If you terminate your use of the Services during the billing period, you are responsible for the entire balance of the current billing period. When your account is terminated, your User Content will, shortly thereafter, not appear on the Services, except for User Content submitted to public areas of the Site such as the blog, forum, or product reviews, which may remain on the Site after termination. The physical installation of the services will remain on the device(s) it was installed on. The removal or un-installation of the service can only be initiated by the device owner and impossible to perform automatically without administrative privileges. In the event of a termination, all physical installations of the service on all devices will revert back to the publicly available service, ie the non-branded service. We may also retain an archival copy of your User Content after termination, and you hereby grant us a non-exclusive, perpetual, irrevocable license to maintain such archival copy for our internal business purposes.
If any provision of these Terms shall be deemed unlawful, void or for any reason
unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. Bendigi may assign any or all of its rights hereunder to any party without your consent. You are not permitted to assign any of your rights or obligations hereunder without the prior written consent of Bendigi, and any such attempted assignment will be void and unenforceable. These Terms constitute the entire agreement between you and Bendigi regarding your use of the Site, the Content, our App and the Services, and supersede all prior or contemporaneous communications whether electronic, oral or written between you and Bendigi regarding your use of them. The parties confirm that it is their wish that these Terms, as well as any other documents relating to this Terms, including notices, have been and shall be drawn up in the English language only. Les parties reconnaissent avoir convenue que la présente convention ainsi que tous documents, avis et procédures judiciaires qui pourront être exécutés, donnés ou intentées à la suite des présentes ou ayant un rapport, direct ou indirect, avec la présente convention soient rédigée en anglais.
Questions and Comments. If you have any questions regarding these Terms or your use of the Services, please contact us here:
Bendigi Technologies Inc.
4773 Yonge Street, Suite# 4L
Toronto, ON, M2N 0G4 Canada
1-844-BEN-DIGI (1-844-236-3444) (phone)
How Bendigi Collects, Uses and Shares Personal Information You acknowledge and agree that, in the course of your use of the Services, Bendigi will collect, process, and store information about you and your use of the Services. This information will consist of your User Content, including information in your Mortgage Application and other personal data, which may include your Personal Information.
“Personal Information” consists of any information that can be used to identify you and may include your name, email address, postal code or other physical address, gender, marital status, occupation, and, as applicable, other information required to make the Services available to you or to process an online inquiry, interaction or transaction that you have requested or initiated.
Bendigi may share your Personal Information in response to valid judicial or other government
subpoenas, warrants or court orders or other legal processes in accordance with applicable laws or if
Bendigi believes in good faith that such disclosure is necessary to prevent or take action regarding illegal or suspected illegal activity or to protect the rights or safety of Bendigi or any of Bendigi’s Users, or other third parties. Bendigi will use all reasonable efforts to provide you with written notice of any disclosure of your Personal Information under this paragraph.
Bendigi has no control over and is not responsible for, the privacy of your User Content that you have shared with others so always use caution when giving out any personally identifiable or sensitive information.
Bendigi respects your privacy and is compliant with the Canadian Anti-Spam Legislation (“CASL”). For marketing emails, we collect your expressed consent (opt-in) before emailing you about our products, services, promotions and events. By consenting to receive email marketing communications, you are subscribed to our MailChimp email list and your account is tagged according to your preferences selected on the app. Of course, you may unsubscribe (opt-out) anytime from receiving such marketing communications by clicking on the unsubscribe link at the bottom of the emails messages sent to you. After unsubscribing from our email marketing list hosted on MailChimp, you will receive an unsubscribe confirmation email. We may still email you account-based information relating to your account. These account-based email notifications include and are not limited to security notifications, username changes/password resets or status to your mortgage application.
Bendigi takes commercially reasonable steps to protect your Personal Information from unauthorized access, use, disclosure or loss. The Site and the App have reasonable security measures (including online and off-line physical, electronic and managerial safeguards) in place to protect against the loss, misuse and alteration of the Personal Information under Bendigi’s control. In certain areas, Personal Information is maintained on a secured database accessible only by Bendigi personnel. Bendigi uses industry-standard encryption technologies to protect Personal Information submitted by you through the Site and the App. More information relating to Bendigi’s security practices can be found at http://canadianmortgageapp.com/appdocs/security.pdf. However, as with any transmission over the Internet, there is always some element of risk in submitting Personal Information online and Bendigi will not be liable for any breach of data security caused by circumstances outside its control, including unauthorized network intrusions.
Children under the age of 13 cannot register as Users or otherwise use the App. Bendigi does not
knowingly collect Personal Information from children under the age of majority in the province or
territory of their residence. If Bendigi learns that it has collected Personal Information of a child under the age of majority in their province or territory of residence, Bendigi will delete that Personal Information from the Platform. Bendigi encourages parents and guardians to go online with their children.
You agree that Bendigi may collect and use technical data and related information, including but not limited to technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the App. Bendigi may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you. We use analytical tools that use first-party cookies to track visitor interactions. These cookies are used to store information, such as the time that the current visit occurred, whether the visitor has been to the site before and what site referred the visitor to the web page or App. Apps do not share first-party cookies across domains. Every computer and device connected to the Internet is assigned a unique number known as an Internet protocol (IP) address. Since these numbers are usually assigned in country-based blocks, an IP address can often be used to identify the country, region and city from which a computer is connecting to the Internet. The analytical tools collects the IP address of website or App visitors in order to provide Bendigi with a sense of where in the world their visitors come from. This method is known as IP geolocation.
Some Web browsers offer a "Do Not Track" ("DNT") signal, which is an HTTP header field indicating the User’s preference regarding tracking or cross-site user tracking. Because there is not yet a common understanding of how to interpret DNT signals, Bendigi does not currently respond to DNT signals, if any, that Bendigi may receive from any browsers. Bendigi takes privacy and meaningful choice seriously and will make efforts to continue to monitor developments around DNT browser technology.
You will always have access to your User Content, including all your Personal Information, on the App and may amend it at any time to ensure its accuracy and completeness. You may also submit a request to correct, access or update your Personal Information by contacting us at the address below.
Attn: Privacy Officer,
Bendigi Technologies Inc.
4773 Yonge Street, Suite# 4L
Toronto, ON, M2N 0G4 Canada
1-844-BEN-DIGI (1-844-236-3444) (phone)
Email address: firstname.lastname@example.org