Homewise Solutions Inc. ("Homewise") owns and operates the website located at https://thinkhomewise.com("website"). These terms of use apply to all users of the website, including users who upload any materials to the website, users who use services provided through this website, users who download the app and users who simply view the content on or available through this website.
By using this website you indicate your acceptance of these terms of use. If you do not accept these terms of use, then do not use this website or any of its content or services. These terms of use may be amended or updated by Homewise 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. Your use after any amendments or updates of these terms of use shall signify your assent to and acceptance of such revised terms. Any new features that may be added to this website from time to time will be subject to these terms of use, unless stated otherwise. You should visit this page periodically to review these terms of use.
The Service
The Homewise service allows individuals to work with our mortgage team to geta mortgage through the Website (the "Service").
Content. All information, data, text, software, music, sound, photographs, graphics, video, messages or other materials, whether publicly posted or privately transmitted to the Website by viewers or users whether in forums or otherwise ("User Content"), is the sole responsibility of such viewers or users. This means that the viewer or user, and not Homewise, are entirely responsible for all such material uploaded, posted, emailed, transmitted or otherwise made available by using the Service. Homewise does not control or actively monitor User Content and, as such, does not guarantee the accuracy, integrity or quality of such content. Users acknowledge that by using the Service, they may be exposed to materials that are offensive, indecent or objectionable. Under no circumstances will Homewise be liable in any way for any materials, including, but not limited to, for any errors or omissions in any materials or any defects or errors in any printing or manufacturing, or for any loss or damage of any kind incurred as a result of the viewing or use of any materials posted, emailed, transmitted or otherwise made available via the Service.
Restrictions on User Content and Use of the Service.
Homewise 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 as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Use, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of our users and the public.
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; forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted to or through the Website or impersonate another person or organization; 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; collect or store personal data about other users or viewers, without their permission; license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Website; or modify, translate, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of any software provided as part of the Website, except to the extent the foregoing restrictions are expressly prohibited by applicable law.
You also agree not to access the Website in a manner that utilizes the resources of the Website more heavily than would be the case for an individual person using a conventional web browser. Notwithstanding the foregoing, operators of public search engines may use spiders or other bots for the purpose of creating publicly available searchable indices of the materials on this Website.
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. Homewise will not be responsible or liable for any use of User Content in accordance with these Terms. 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, this Website, and the information and materials that it contains, are the property of Homewise and its 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 Agreement, Homewise grants you a non-transferable, non-exclusive, license to (a) use the Website for your use. Nothing in the Terms gives you a right to use the Homewise names, trademarks, logos, domain names, and other distinctive brand features without our prior written consent. You shall not attempt to override or circumvent any of the usage rules or restrictions on the Website. Any future release, update, or other addition to functionality of the Website shall be subject to the terms of these Terms.
Feedback
If you provide Homewise with any suggestions, comments or other feedback relating to any aspect of the Website and/or Service ("Feedback"), Homewise may use such Feedback in the Website or in any other Homewise products or services (collectively, "Homewise Offerings"). Accordingly, you agree that: (a) Homewise 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 Homewise, (c) Homewise (including all of its successors and assigns and any successors and assigns of any of the Homewise Offerings) may freely use, reproduce, publicize, license, distribute, and otherwise commercialize Feedback in any Homewise Offerings, and (d) you are not entitled to receive any compensation or re-imbursement of any kind from Homewise or any of the other users of the Website in respect of the Feedback.
Links & Third-Party Websites
This Website (including User Content) may contain links to other websites that are not owned or controlled by Homewise. In no event shall any reference to any third party, third party product or service be construed as an approval or endorsement by Homewise of that third party, third party product or service. Homewise 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. The presence on the Website of a link to any other website(s) does not imply that Homewise endorses or accepts any responsibility for the content or use of such websites, and you hereby release Homewise from all liability and/damages that may arise from your use of such websites or receipt of services from any such websites.
Disclaimer of representations, warranties and conditions
The website, service, and all materials provided therein are provided "as is." Homewise specifically disclaims all representations, warranties and conditions, either express, implied, statutory, by usage of trade, the 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 downloaded or otherwise obtained through the use of the service is at your own discretion and risk and you will be solely responsible for any damage to your computer system, loss of data, or any other loss that results from downloading or using any such material. Homewise does not warrant, endorse, guarantee, provide any conditions or representations, or assume any responsibility for any product or service advertised or offered by any third party through the website or in respect to any website that can be reached from a link on the website or featured in any banner or other advertising on the website, and Homewise shall not be a party to any transaction that you may enter into with any such third party. Homewise will not be liable for any type of content exchanged by means of the service or by any interactions among users. Limitation of liability. Under no circumstances shall Homewise be liable for any direct, 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, 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 (v) any errors or omissions in any material on the website 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 Homewise has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Homewise’s liability to you for any damages arising from or related to this agreement (for any cause whatsoever and regardless of the form of the action), will at all times be limited to the greater of (a) fifty cad dollars ($50) or (b) amounts you’ve paid Homewise 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 Homewise 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 any materials submitted, posted, transmitted or made available by you through the service and/or any violation by you of these terms of use or any applicable law or regulation, and any interaction between you and other users. Termination. Homewise 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 Homewise (including, without limitation, non-payment of any fees owed in connection with the website or otherwise owed by you to Homewise), (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 Homewise in its sole discretion and that Homewise 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 Homewise shall be in addition to any and all other rights and remedies that Homewise may have.
Availability & Updates
Homewise may alter, suspend, or discontinue this Website at any time and for any reason or no reason, without notice. The Website, and/or Service may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons. Homewise may periodically add or update the information and materials on this Website without notice.
Security
Information sent or received over the Internet is generally insecure and Homewise 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 the password that you use to access the Service and you are responsible for any activities or actions under your password. You agree to keep your password secure. Homewise will not be liable for any loss or damage arising from your failure to comply with these requirements.
Promotions and URL's for Cash Back
Homewise has multiple promotions to provide a dollar back reward to client when their mortgage closes through Homewise. A cash back amount will be provided to the client when the mortgage closes if:
- The mortgage amount is over $150,000
- No other cash back is provided, such as by lowering rates beyond a reasonable level, or providing assistance for payments, such as appraisal.
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 Homewise. 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 Homewise 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 Homewise must be in writing and shall only apply to the specific instance identified in such writing.
Disclosure for Referral
If you have been referred by a realtor, or financial that is required to disclose their referral, the referrer must make you, the client aware that they are part of the referral program with Homewise and that they will be paid of referral fee as part of the program. The referrer are held by FSCO and the government of Ontario to follow the laws and rules as laid out by Reg. 407/07: EXEMPTIONS FROM THE REQUIREMENTS TO BE LICENSED (view regulation). The Real Estate professional or referrer must also comply with all standard tax laws as well as the Real Estate and Business Brokers Act, 2002, S.O. 2002, c. 30, Sched. C (view act).
"When providing information to a prospective borrower
1.(1) A person or entity who refers a prospective borrower to a prospective mortgage lender is exempted under subsection 6 (4) of the Act from the requirement in section 2 of the Act to have a brokerage license or a mortgage broker’s or agent’s license if the person or entity complies with both of the following requirements and criteria:
Before or at the time of making the referral, the person or entity informs the prospective borrower in writing,
- i. that the person or entity has received or will or may receive a fee or other remuneration, whether directly or indirectly, for making the referral, and
ii. of the nature of the relationship between the person or entity and the prospective lender.
The only other information that the person or entity is permitted to give to the prospective borrower is the name, address, telephone number, fax number, email address or website address of the prospective lender or of an individual who acts on behalf of the prospective lender. O.Reg. 407/07, s.1 (1).
(2) Nothing in subsection (1) affects the right of a person or entity who does not have a brokerage license or a mortgage broker’s or agent’s license to refer a prospective borrower to a prospective lender for no fee or other remuneration. O.Reg. 407/07, s.1 (2)."
Referral Partner Information Sharing
- We and our third-party partners may use your information to assess your preferences, determine your eligibility for offers, to contact you concerning these offers, or to provide information about products, services, promotions, and events.
- We can also share your information, including contact information, credit, and financial information, with our affiliates and/or partners for the purposes of developing and promoting products, improving and creating new products and services, staying up to date on your status and contacting you to offer products and services to you.
Note, a referral partner may receive a revenue share or cost per lead, or marketing fee for their referral. This number may vary based on the third party referral.
Binding Contract.
You agree to be bound by these T&C and represent that you are of legal age to enter into binding contracts when you visit and use any of the websites in the Homewise family (including Homewise and Homewise Real Estate) or when you register for a new Homewise account. If you are using the Service on behalf of an organization, you are committing to Homewise that you have the power to bind that organization to these T&C and consent to these T&C for that organization (in which case, the terms "you" and "your" or "user" relate to that organization). The only exception to this rule is if the organization and Homewise have a separate written agreement addressing the use of the Service. In such instances, any aspects of these T&C that clash with the written agreement will take precedence. You are not permitted to use the Service, access our websites, or sign up for an Homewise account if you do not desire to be bound by these T&C. You give Homewise and permission to contact you by providing your contact information and either accepting these T&C or choosing to receive messages from us.
Whether using the Service as an individual or on behalf of an organization, you acknowledge that our agreements contained in these T&C are supported by reasonable and valuable consideration, including, without limitation, your ability to access, use, submit information to, or receive information from the Service. You individually and on behalf of any organization you represent, hereby acknowledge the receipt and sufficiency of such consideration. You further guarantee that, if you engage on behalf of a business or other entity, you have the legal ability and power to bind that company or entity to the commitments included in these T&C.
Communications:
You consent to getting emails, calls and texts from us and our partners by using the Service. By using the Service, you expressly consent to Homewise, its parent companies, its affiliated or associated real estate and mortgage professionals, its partners (described below), and each such entity's employees, contractors, and software (collectively, "Service Provider") contacting you by email, phone and text at the wireless number provided or at any other number you may provide in accordance with your requests or instructions. You are aware that depending on your cellular service provider's contract conditions, message and data charges could be applicable. Your consent to text messages and phone calls is not a requirement to use any Service Provider's services, and you also acknowledge that methods of contact may include using an automated telephone dialing system or auto-generated text messages, even if you have registered that number on a Do-Not-Call registry. You may unsubscribe from our email communications by clicking on the unsubscribe link located in the footer of our emails or by emailing us at [email protected]. Please note that you may continue to receive transactional or administrative communications from us even after unsubscribing from marketing communications.
You consent to fully hold the Service Provider harmless from any and all claims, costs, and losses incurred as a result of or resulting from your failure to inform the Service Provider of any changes to your wireless phone number, including but not limited to all claims, costs, and losses incurred as a result of or arising under Canada's Anti-Spam Legislation (CASL). You consent to promptly inform the Service Provider of any changes to your wireless phone number. You can ask to be put on an internal do-not-call list to stop receiving calls, and you can tell a text message to stop calling if you no longer want to receive them. You acknowledge that if something has already been done in reliance on this authorization before the date the service provider receives my request to withdraw the authorization, this authorization cannot be cancelled.
Canadian real estate salespeople/brokers and insurance providers are among our independent partners.
Offers from our Third Party Providers and Affiliates
Homewise and our partners and affiliates may offer a platform through which you can access residential real estate information through the Service, and upon your request, they may put you in contact with third-party service providers, such as real estate agents, mortgage brokers and lenders, mortgage information services, insurance brokers, and other businesses offering services related to the buying and selling of real estate ("Third Party Providers"). We are not your agent or any Third Party Provider's counsel, and we do not support or advocate any Third Party Provider's goods or services. We don't confirm or look into the certification, licensing, or other criteria and credentials of any Third Party Providers. It is your duty to research any Third Party Providers before hiring them. You understand and accept that any services these Third Party Providers may offer to you are exclusively their responsibility and that we are not responsible for any losses, expenses, costs, damages, or claims resulting from or connected with your use of a Third Party Provider's goods or services. We strongly advise you to seek the counsel of financial advisors or other experienced experts who are fully aware of your unique circumstances before you make any financial decisions. In choosing any goods or services provided by Third Party Providers, you understand and concur that you depend on both your own judgement and the advice of such experts.
By using the Service, you expressly waive any and all claims for losses, expenses, damages, or other liabilities, connected with, or resulting from your use of a Third Party Provider's goods or services, including any fees levied by a Third Party Provider.
Referral Provider
We could provide links through the Service to our third-party partners, each of whom is referred to as a "Referral Provider" and who might offer you additional goods and services. Normally, our Referral Provider pays us for such referrals. The referral procedure will require you to accept the referral provider's terms of service ("Referral Provider's Terms") if you decide to engage with the reference provider at your own discretion. The Referral Provider alone is accountable for the items and services they offer, their content, and any claims you or any other party may have over such products and services.
When you accept a referral to one of our Referral Providers, you acknowledge that you are purchasing any goods or services offered by the Referral Provider directly from them and that Homewise is not a party to any contract between you and the Referral Provider regarding those goods and services. Homewise is also not liable for the goods or services provided by the Referral Provider, their content, or any claims that you or any other party may have regarding them.
Accepting a reference from one of our Referral Providers authorizes us to share your content with that Referral Provider to measure eligibility for products, services, housing. Referral Provider may also introduce you to their goods or services.
Third-Party Content
You acknowledge and accept, in exchange for using the Service, that Homewise may show advertising and provide connections to third-party websites and material over which Homewise has no control. Homewise disclaims any liability for any information, advertising, or goods provided by third parties, including information that may be dangerous, disagreeable, unsuitable, or offensive. Homewise furthermore neither recommends nor ensures the accessibility of such third-party services. You acknowledge and agree that Homewise shall not be liable for any loss or damage of any kind arising from your interactions with advertisers or from your use of any products or services of third parties.
CREA
- Terms of Use. The Canadian Real Estate Association (CREA), of which Homewise, a Broker, is a member, operates the website. CREA owns or has editorial control over some of the information on this website. By using this website, the user consents to be bound by these terms and conditions, including any updates and acknowledges that these terms of service are a legally binding agreement between the user, Homewise, and CREA.
- Copyright. The listed content on this website is copyright and other legislation protected and is only meant for personal, noncommercial use by people. Any additional copying, sharing, or utilization of the content, in whole or in part, is expressly prohibited. Commercial usage, "screen scraping," "database scraping," and other activities aimed at gathering, storing, reorganizing, or manipulating data on the pages created by or shown on this Site are all banned uses.
- Trademarks REALTOR®, REALTORS®, and the REALTOR® logo are certification marks that REALTOR® Canada Inc. owns and solely licenses to The Canadian Real Estate Association (CREA). These certification marks serve to distinguish real estate professionals who are CREA members and who are required to follow by the CREA By-Laws, Regulations, and REALTOR® Code. The MLS® trademark and the MLS® logo are owned by CREA and serve to distinguish the expert real estate services offered by CREA members.
- Liability and Warranty Disclaimer. The accuracy of the material on this site is the responsibility of the members of CREA, who have contributed all or some of the information that forms its basis. As a courtesy to its members, CREA distributes and copies this data while disclaiming all responsibility for its correctness or completeness.
Indemnification
In the event that you use the Service, Homewise disclaims all responsibility and liability for any claims, demands, actions, suits, or discovery requests (collectively, "Claims"), damages, liabilities, losses, settlements, judgements, costs and expenses (including, without limitation, reasonable attorney's fees and costs ("Losses") related thereto.
You agree to defend, hold harmless, and indemnify Homewise, its officers, directors, investors, stockholders, employees, contractors, agents, successors, assigns, information providers, licensors, subsidiaries, and affiliates from any and all Claims arising from, or in any way related to, your use of the Service, and any Losses related thereto alleging or arising out of your breach or activities under these T&C or your use of the Service.
After receiving notification of a claim, you agree to pay all losses related to that claim. Notwithstanding anything to the contrary in this clause, you will not settle any Claims for which you are obligated to indemnify Homewise by admitting culpability or blame, nor will you establish any obligation on Homewise's behalf without Homewise's prior written approval. You agree to assist Homewise in its defense of these Claims, and Homewise retains the right to take exclusive responsibility for such defense and control at its own expense in connection with any issue for which you are obligated to indemnify Homewise.
Compliance with Regulatory Requirements
Homewise and its partners will adhere to the Mortgage Broker Regulators’ Council of Canada (MBRCC) Code of Conduct and FSRA regulations. Partners must operate within the boundaries set by the Financial Services Regulatory Authority of Ontario (FSRA), ensuring their actions align with legal standards and best practices in the mortgage industry.
Partners not licensed as mortgage brokerages may only engage in “simple referrals,” where only basic contact information is provided. Any activities beyond this scope must be conducted by licensed brokerages in compliance with Ontario Regulation 188/08He
If you have any questions about these Terms or if you wish to make any complaint or claim with respect to the Service, please contact us at: [email protected]
