Terms of Use
Frank Fintech Inc. (dba Frank Mortgage), Ontario Mortgage Broker Licence # 13204, (“Frank Mortgage”, “we”, “our” or “us”) offers an online mortgage marketplace platform (the “Platform”) that enables Ontario-based end users to search, compare and select mortgage products, guidelines and rates (“Mortgage Products”) offered by various third party vendors and brokers. After you (“you” or “your”) open an account for the Platform, you are able to access the Platform and other services that we or others may provide to you through or in connection with the Platform (the “Services”). Services provided by others are “Third Party Services”. Third Party Services include, for example, the provision of Mortgage Products by third parties. You might access the Platform through an app named or branded for Frank Mortgage (each, a “Platform App”). You might access the Platform through a web portal named or branded for Frank Mortgage (the “Web Portal”).
PLEASE READ THESE END USER TERMS (“TERMS”) CAREFULLY. THESE TERMS CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND FRANK MORTGAGE. THESE TERMS GOVERN YOUR ACCESS TO THE PLATFORM AND THE SERVICES. BY SIGNING UP FOR AN ACCOUNT, BY DOWNLOADING A PLATFORM APP, BY USING THE WEB PORTAL, OR BY ACCESSING OR USING THE PLATFORM OR THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS (INCLUDING THE LINKED DOCUMENTS REFERRED TO IN THESE TERMS), AS REVISED FROM TIME TO TIME. IF YOU DO NOT ACCEPT THESE TERMS, YOU MUST NOT ACCESS OR USE THE PLATFORM OR THE SERVICES. IF YOU ARE DISSATISFIED WITH THESE TERMS OR ANY OTHER TERMS, CONDITIONS, RULES, POLICIES, GUIDELINES OR PRACTICES APPLICABLE TO THE PLATFORM OR THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESS TO AND USE OF THE PLATFORM, THE SERVICES, THE PLATFORM APPS, AND THE WEB PORTAL. THE PLATFORM AND SERVICES ARE ONLY INTENDED FOR ACCESS AND USE IN ONTARIO, CANADA. YOU REPRESENT THAT YOU ARE AT LEAST THE LEGAL AGE OF MAJORITY IN YOUR JURISDICTION.
YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT FRANK MORTGAGE PROVIDES THE PLATFORM FOR YOU TO OBTAIN INFORMATION FROM THIRD PARTY SERVICE PROVIDERS ABOUT THEIR MORTGAGE PRODUCTS. IF YOU DECIDE TO TRANSACT FOR A MORTGAGE PRODUCT, YOU WILL BE DEALING WITH A THIRD PARTY. FRANK MORTGAGE IS NOT A PROVIDER OR VENDOR OF MORTGAGE PRODUCTS, NOR IS IT A FINANCIAL ADVISOR. FRANK MORTGAGE IS AN INFORMATION ORGANIZER AND AGGREGATOR. THE CONTENT ON THE PLATFORM IS FOR INFORMATION PURPOSES ONLY AND IS NOT, AND SHOULD NOT BE, CONSTRUED AS FINANCIAL ADVICE. FRANK MORTGAGE DOES NOT DIRECTLY GENERATE ANY OF THE CONTENT (INCLUDING THIRD PARTY CONTENT (AS DEFINED HEREIN)) YOU SEE ON THE PLATFORM. FRANK MORTGAGE MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR OTHER TERMS ABOUT THE ACCURACY OR CURRENCY OF THE CONTENT (INCLUDING THIRD PARTY CONTENT) ON THE PLATFORM, AND SHALL NOT BE RESPONSIBLE FOR ANY INACCURACIES, MISREPRESENTATIONS, ERRORS OR OMISSIONS IN SUCH CONTENT OR THIRD PARTY CONTENT.
YOU ARE STRONGLY ENCOURAGED TO USE COMMON SENSE AND DISCRETION AND TO DO YOUR OWN RESEARCH BEFORE RELYING ON CONTENT (INCLUDING THIRD PARTY CONTENT) ON THE PLATFORM. FRANK MORTGAGE IS NOT RESPONSIBLE FOR ANY ADVICE PROVIDED BY ANY PROFESSIONAL WITH WHOM YOU CONSULT, NOR ARE WE RESPONSIBLE FOR THE ACTS OR OMISSIONS OF ANY THIRD PARTY SERVICE PROVIDERS OR YOU OR ANY ACTUAL, FAILED, PROPOSED OR DISCUSSED TRANSACTION FOLLOWING YOUR ACCESS OR USE OF THE PLATFORM OR SERVICES OR ANY OTHER DECISIONS YOU MAKE AS A RESULT OF ACCESSING OR USING THE PLATFORM OR SERVICES.
These Terms are effective on the earlier of the date that (a) you click to accept these Terms, or (b) you first sign up for a Frank Mortgage account, download a Platform App, use the Web Portal, or otherwise access or use the Platform or the Services. You acknowledge Frank Mortgage’s Privacy Policy located at https://frankmortgage.com/privacy (the “Privacy Policy”), as revised from time to time, and you consent and agree to our collection, use and disclosure of personal information as described in the Privacy Policy.
1. Your Account.
You must (a) register for a Frank Mortgage account via a Platform App or the Web Portal to access or use the Platform and the Services, and (b) authorize Frank Mortgage to request credit checks on you in connection with such access or use. You must provide the information reasonably requested by Frank Mortgage for that purpose. All such verification procedures will be carried out by Third Party Services, and are subject to the privacy policies and any terms of use or user agreements of such Third Party Services. You represent and warrant to Frank Mortgage that you have not misrepresented any information that you have provided to Frank Mortgage in connection with your account. You are responsible for maintaining the confidentiality of your user name and password. Frank Mortgage recommends that you use a strong and unique password and that you change it frequently. Do not reuse passwords. You agree not to disclose your user name or password to any third party. Frank Mortgage may reject, or require that you change, your user name or password. You are responsible for all activities that occur under your account. If you become aware of any unauthorized use of your account, you must notify Frank Mortgage immediately. It is your responsibility to update or change your account information, as appropriate.
2. Your Privacy and Personal Information.
For a summary of how Frank Mortgage collects, uses and discloses personal information, please see Frank Mortgage’s Privacy Policy. When you use the Platform, the Services, the Platform Apps, and the Web Portal, you may also interact with others, such as the provider of a Third Party Service. The others with whom you interact may also collect, use and disclose your personal information. Frank Mortgage’s Privacy Policy only describes how Frank Mortgage collects, uses and discloses your personal information. To understand how others with whom you interact collect, use and disclose your personal information, you must review their privacy policies.
3. Access.
You may access and use the end user functionality of the Platform, the Services, the Platform Apps, and the Web Portal. These Terms permit you to use the Platform, the Services, the Platform Apps, and the Web Portal for your personal use only, and not for any commercial purpose.
4. Additional Terms.
You agree to comply with these Terms and with all applicable laws. Some Services and Third Party Services may have additional terms that apply to your use of those Services or Third Party Services (“Additional Service Terms”). You agree to comply with all such Additional Service Terms. Additional Service Terms are available through the Platform Apps or Web Portal, or through the websites of the providers of the Services or Third Party Services.
5. Unacceptable Use.
You will not (a) make the Platform, Services, Platform Apps or Web Portal available to, or use the Platform, Services, Platform Apps or Web Portal for the benefit of, anyone other than yourself, (b) sell, resell, license, sublicense, distribute, make available, rent or lease the Platform, Services, Platform Apps or Web Portal, or include the Platform, Services, Platform Apps or Web Portal in a service bureau or outsourcing offering, (c) use the Platform, Services, Platform Apps or Web Portal to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party rights, including intellectual property rights and privacy rights, (d) use the Platform, Services, Platform Apps or Web Portal to send spam, or to store or transmit any virus, Trojan horse, worm, or other software, script or code, the effect of which is to permit unauthorized access to, or to alter, disable, encrypt, erase, or otherwise harm, any computer, systems, software or data (“Malicious Code”), (e) interfere with or disrupt the integrity or performance of the Platform, Services, Platform Apps or Web Portal, (f) attempt to gain unauthorized access to the Platform or Services, or their related systems or networks, (g) access or use any Frank Mortgage intellectual property except as permitted under these Terms, (h) copy or make derivative works from all or any part of the Platform, Services, Platform Apps or Web Portal or any part, feature, function or user interface of the Platform, Services, Platform Apps or Web Portal, (i) frame or mirror any part of the Platform, Services, Platform Apps or Web Portal, or otherwise incorporate any portion of the Platform, Services, Platform Apps or Web Portal into any product or service, (j) access or use the Platform, Services, Platform Apps or Web Portal in order to build a competitive product or service or to benchmark with a non-Frank Mortgage product or service, (k) reverse engineer the Platform, Services, Platform Apps or Web Portal, or any software used to provide them (to the extent such restriction is permitted by applicable laws), (l) access or use any part of the Platform or Services that is (expressly or implicitly) not intended for access or use by you, (m) use any non-Frank Mortgage automation code in relation to the Platform or Services (including any “bot” or “spider”), (n) collect or harvest any information from the Platform or Services in a bulk or systematic way, (o) remove, alter, or obscure any proprietary notices on the Platform, Services, Platform Apps or Web Portal, (p) probe, scan, or test the vulnerability of the Platform, Services, Platform Apps or Web Portal or any network connected to them, or breach the security or authentication measures on them or on any network connected to them, (q) collect, harvest, reverse look-up, trace, or otherwise seek to obtain any information on any other user of the Platform or Services, (r) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Platform or Services or any systems or networks connected to them, or (s) forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message you send to Frank Mortgage or any other person on or through the Platform, Services, Platform Apps or Web Portal.
6. Submitting Information through the Platform.
Certain parts of the Platform and Services let you provide information to Frank Mortgage, and to other providers of Services (including Third Party Services). You agree that (a) all information you provide on or through the Platform (each, a “Submission”) will be true, accurate and complete, (b) you will update each Submission as necessary so that it remains true, accurate and complete at all times, (c) you will not impersonate any person when making a Submission, (d) Frank Mortgage and the providers of Third Party Services are entitled to rely on your Submissions, (e) you will only include the personal information of another individual in your Submission if you have the express permission of that individual or if you are otherwise entitled to do so at law, (f) you will not include any statements or material that in any way infringes on the rights of others, (g) you have obtained at your own expense all necessary consents, rights and permissions required to grant to Frank Mortgage the license provided below, and (h) you will not include in any Submission or otherwise transmit any Malicious Code. By making a Submission, you thereby grant to Frank Mortgage and the providers of the Services an irrevocable, unlimited, sublicensable (through multiple tiers), transferable, royalty-free, worldwide, perpetual license to use, copy, distribute, modify, make derivative works from, and disclose the information and any other content in the Submission, for any purpose whatsoever, and you hereby waive all related moral rights. For a summary of how Frank Mortgage collects, uses and discloses personal information that might be included in a Submission, please see Frank Mortgage’s Privacy Policy.
7. Apple App Store.
The following applies to any Platform App that you obtain from the Apple App Store (an “Apple Platform App”): You acknowledge and agree that these Terms are solely between you and Frank Mortgage, and not with Apple, Inc. (“Apple”) and Frank Mortgage, not Apple, is solely responsible for the Apple Platform App and the content thereof. You may only use the Apple Platform App on Apple branded products that you own or control. You must comply with the App Store Terms of Service. In the event of any inconsistency between a term of these Terms and a term of the App Store Terms of Service, the term of the App Store Terms of Service will prevail. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple Platform App. In the event of any failure of the Apple Platform App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple Platform App (if any) to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple Platform App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms and any law applicable to Frank Mortgage as the supplier of the Apple Platform App. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the Apple Platform App or your possession and/or use of the Apple Platform App, including (a) product liability claims, (b) any claim that the Apple Platform App fails to conform to any applicable legal or regulatory requirement, and (c) claims arising under consumer protection or similar legislation, and all such claims are governed solely by these Terms and any law applicable to Frank Mortgage as supplier of the Apple Platform App. You acknowledge that, in the event of any third-party claim that the Apple Platform App or your possession and use of the Apple Platform App infringes that third party’s intellectual property rights, Frank Mortgage, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim, to the extent required by these Terms. You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that is on Title 15, Part 740 Supplement 1 Country Group E of the U.S. Code of Federal Regulations, and (b) you are not listed on any U.S. Government list of prohibited or restricted parties. If you have any questions, complaints or claims with respect to the Apple Platform App, you may direct them to Frank Mortgage at https://frankmortgage.com, Attention: Complaints Manager, or call us at 1-647-372-2883, or contact us by email at support@frankmortgage.com. You agree to comply with all applicable third party terms of agreement when using the Apple Platform App, including your wireless data service agreement. You and Frank Mortgage acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and you will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.
8. Google Play Store.
The following applies to any Platform App you obtain through the Google Play Store (a “Google Platform App”): You acknowledge and agree that these Terms are solely between you and Frank Mortgage, and not with Google, Inc. or any of its subsidiaries (collectively, “Google”). You must comply with Google’s then-current Google Play Terms of Service. In the event of any inconsistency between a term of these Terms and a term of the Google Play Terms of Service, the term of the Google Play Terms of Service will prevail. Google is only a provider of the Google Play Store where you obtained the Google Platform App. Frank Mortgage, and not Google, is solely responsible for the Google Platform App. Google has no obligation or liability to you with respect to the Google Platform App or these Terms. You acknowledge and agree that Google is a third-party beneficiary of these Terms.
9. Mobile Device Charges.
You are solely responsible for any data charges and similar fees associated with your access or use of the Platform or the Services through a mobile device.
10. Reservation of Frank Mortgage Rights.
Frank Mortgage and its licensors and the providers of Services have and will retain all right, title and interest in and to the Platform, Services, Platform Apps and Web Portal, and the software and systems used to provide them (including all patent, copyright, trademark, trade secret and other intellectual property rights), and all copies, modifications and derivative works of any of them. You acknowledge that you are obtaining only a limited right to access and use the Platform, Services, Platform Apps and Web Portal, as applicable. No rights are granted to you under these Terms other than as expressly set forth in these Terms. Without limitation, you have no right to use any trademarks, logos, trade names, service marks and other branding elements owned or used by Frank Mortgage or by the providers of Services.
11. License to Use Your Feedback.
You grant to Frank Mortgage and its affiliates a worldwide, perpetual, irrevocable, royalty-free, transferable, sublicensable (through multiple tiers) license to use and incorporate into its services any suggestion, enhancement request, recommendation, correction or other feedback provided by you.
12. Third Party Services.
Some Services are provided by Frank Mortgage and Third Party Services are provided by third parties. You are responsible for all fees and taxes that may be charged for your use of Third Party Services. Your use of any Third Party Services is at your own risk. Frank Mortgage makes no representations or warranties with respect to, nor does it guarantee or endorse, any Third Party Services. Frank Mortgage does not guarantee the continued availability of Third Party Services, and Frank Mortgage may disable a Third Party Service in Frank Mortgage’s sole discretion. Your dealings with the provider of any Third Party Services are solely between you and the provider. For example, any transaction for any Mortgage Product is between you and the Third Party Service provider. As such, you may not be eligible for any or all of the Mortgage Products or at specific rates. The Third Party Service provider, not Frank Mortgage, is responsible for approving or denying any application that you make for any Mortgage Product, in its sole discretion. Accordingly, Frank Mortgage expressly disclaims responsibility and liability for all Third Party Services, and you agree that Frank Mortgage shall not be responsible for any loss or damage of any sort incurred as a result of any such dealings or as a result of your use of Third Party Services. If you have any issues with a Third Party Service, you must contact the provider of the Third Party Service directly. Where you use a Third Party Service, you authorize us to provide your account information to the provider of the Third Party Service to allow the provider of the Third Party Service to contact you.
13. Third Party Content.
When you use Third Party Services, content is provided by providers of Third Party Services and other third parties (collectively, “Third Party Content”). You use any Third Party Content at your own risk. Frank Mortgage makes no representations or warranties with respect to, nor does it guarantee or endorse, any Third Party Content. Frank Mortgage does not guarantee the continued availability of Third Party Content, and Frank Mortgage may disable or remove any Third Party Content in Frank Mortgage’s sole discretion. Frank Mortgage expressly disclaims responsibility and liability for all Third Party Content, and you agree that Frank Mortgage shall not be responsible for any loss or damage of any sort incurred as a result of any such dealings or as a result of your use of Third Party Content.
14. Links to Other Sites.
The Platform or Services may provide links to other sites on the Internet for your convenience in locating or accessing related information, products, and services. These sites have not been reviewed by Frank Mortgage and are maintained by third parties over which Frank Mortgage exercises no control. Accordingly, Frank Mortgage expressly disclaims any responsibility for the content, the materials, the accuracy of the information, and/or the quality of the products or services provided by, available through, or advertised on these third-party websites. Moreover, these links do not imply an endorsement with respect to any third party or any website or the products or services provided by any third party.
15. Functionality and Access.
Frank Mortgage may at any time, with or without notice, without liability, and for any reason (a) remove any functionality from the Platform or Services, (b) change any functionality on the Platform or Services, (c) modify the Platform Apps or Web Portal, and (d) deny any person access to the Platform or Services. Frank Mortgage furthermore reserves the right to take any action related to the Platform, Services, Platform Apps or Web Portal that is required to comply with applicable law.
16. Disclaimer of Warranties and Limitation of Liability.
THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR CONDITIONS OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MIGHT NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
THE PLATFORM, SERVICES, PLATFORM APPS AND WEB PORTAL (INCLUDING, FOR GREATER CERTAINTY, THE CONTENT CONTAINED THEREIN) ARE PROVIDED “AS IS” AND “AS AVAILABLE”, AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. YOUR USE OF THE PLATFORM, SERVICES, PLATFORM APPS AND WEB PORTAL IS AT YOUR OWN RISK. FRANK MORTGAGE DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, COVENANTS, CONDITIONS AND OTHER TERMS (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE) IN CONNECTION WITH THE PLATFORM, SERVICES, PLATFORM APPS, AND WEB PORTAL, INCLUDING ANY WARRANTIES, REPRESENTATIONS, COVENANTS, CONDITIONS OR OTHER TERMS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, PERFORMANCE, AND NON-INFRINGEMENT. FRANK MORTGAGE MAKES NO REPRESENTATION OR WARRANTY THAT THE PLATFORM, SERVICES, PLATFORM APPS AND WEB PORTAL WILL OPERATE ERROR FREE OR IN AN UNINTERRUPTED FASHION, OR THAT THE PLATFORM, SERVICES, PLATFORM APPS, OR WEB PORTAL WILL BE SECURE, OR THAT ANY FILES OR INFORMATION THAT YOU DOWNLOAD FROM THE PLATFORM AND SERVICES WILL BE FREE OF MALICIOUS CODE. FRANK MORTGAGE IS NOT RESPONSIBLE FOR THE SECURITY OF, OR ANY INFORMATION TRANSMITTED TO OR FROM, THE PLATFORM OR THE SERVICES. THE PLATFORM AND SERVICES ARE MADE AVAILABLE BY FRANK MORTGAGE FOR ACCESS AND USE IN ONTARIO, CANADA ONLY. FRANK MORTGAGE MAKES NO REPRESENTATIONS THAT THE PLATFORM OR THE SERVICES ARE APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE PLATFORM OR THE SERVICES FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH APPLICABLE LAW. FRANK MORTGAGE MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT ANY THIRD PARTY SERVICES OR THIRD PARTY WEB PORTALS OR RELATED CONTENT DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THE PLATFORM, SERVICES, PLATFORM APPS, OR WEB PORTAL. FRANK MORTGAGE SHALL NOT BE RESPONSIBLE FOR ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY THIRD PARTY, INCLUDING ANY THIRD PARTY SERVICE PROVIDER. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE PLATFORM, SERVICES, PLATFORM APPS, OR WEB PORTAL IS TO STOP USING THEM.
IN NO EVENT WILL THE MAXIMUM AGGREGATE LIABILITY OF FRANK MORTGAGE (AND FRANK MORTGAGE’S DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, SUPPLIERS AND AGENTS, AND THE PROVIDERS OF THIRD PARTY SERVICES AND THIRD PARTY CONTENT) FOR ALL CLAIMS, DAMAGES, LOSSES, LIABILITIES, COSTS AND EXPENSES (INCLUDING LEGAL FEES AND EXPENSES) (COLLECTIVELY “LOSSES”) TO YOU RELATED TO THE PLATFORM, SERVICES, PLATFORM APPS OR WEB PORTAL, OR THESE TERMS, EXCEED THE LESSER OF (A) THE DIRECT DAMAGES SUFFERED BY YOU, AND (B) $100. ANY ACTION COMMENCED BY YOU AGAINST FRANK MORTGAGE MUST BE BROUGHT WITHIN 12 MONTHS OF THE CAUSE OF ACTION ARISING.
IN NO EVENT WILL FRANK MORTGAGE (OR FRANK MORTGAGE’S DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, SUPPLIERS OR AGENTS, OR THE PROVIDERS OF THIRD PARTY SERVICES AND THIRD PARTY CONTENT) BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR AGGRAVATED DAMAGES, OR FOR ANY LOSS OF REVENUE, SAVINGS, INCOME, BUSINESS, PROFIT, GOODWILL OR REPUTATION WHATSOEVER BASED ON ANY LEGAL THEORY (INCLUDING TORT OR NEGLIGENCE), AND EVEN IF ADVISED OF THE POSSIBILITY OF THOSE DAMAGES.
17. Indemnity.
You will indemnify and hold Frank Mortgage (and Frank Mortgage’s directors, officers, employees, partners, suppliers and agents, and the providers of Third Party Services and Third Party Content) harmless from all Losses arising from your use of the Platform, Services, Platform Apps or Web Portal, or your breach of any of these Terms, and from all Losses resulting from any Submission that is untrue, inaccurate or incomplete.
18. Termination and Suspension.
If you fail to comply with these Terms, then, without limiting any other right or remedy available to Frank Mortgage, Frank Mortgage may suspend or terminate your access to all or any part of the Platform, Services, Platform Apps or Web Portal, with or without notice to you, and without any liability to you or any other person. Frank Mortgage may suspend or terminate your access to all or any part of the Platform, Services, Platform Apps or Web Portal, at any time, for any reason or no reason, with or without notice to you, and without any liability to you or any other person. If Frank Mortgage terminates or suspends your access to all or any part of the Platform and/or some or all of the Services, Platform Apps or Web Portal, then these Terms will nevertheless continue to apply in respect of your use prior to such termination or suspension.
19. Amendments.
The “last updated” legend above indicates when these Terms were last amended. Frank Mortgage may unilaterally amend all or any part of these Terms at any time by updating these Terms on the Platform and providing notice to you. We will provide you with notice of the proposed amendments by posting an amended version of these Terms with a new version date. We will include a link to the previous version of the Terms beneath the new version date. The amendments will take effect 30 days after the date on which the amended version is posted. Prior to that date, the previous version of the Terms will continue to apply. If you disagree with any amendments, you may refuse the amendments and cease using the Platform, Services, Platform Apps and Web Portal within the 30-day notice period, or up to 30 days after the notice period expires, if we have changed these Terms in a way that increases your obligations or reduces our own. If you continue to access or use the Platform, Services, Platform Apps or Web Portal after the applicable 30-day period, you thereby agree to the amended Terms. You agree to review these Terms regularly to determine your rights and responsibilities.
20. Governing Law & Jurisdiction.
These Terms, and any dispute, controversy or claim arising under, out of, in connection with, or related to (a) the Platform, the Services, Platform Apps or the Web Portal, or (b) these Terms, or their subject matter, negotiation, performance, renewal, termination, interpretation, or formation, shall be governed by and interpreted according to the laws of the Province of Ontario and the federal laws of Canada applicable in Ontario, without regard to any conflicts of law rules that might apply the laws of any other jurisdiction. You and Frank Mortgage each attorn to the exclusive jurisdiction of the courts of Ontario in respect of any such dispute, controversy or claim, except that, notwithstanding the foregoing, (i) you agree that Frank Mortgage shall be entitled to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction anywhere in the world restraining any breach, threatened or actual, of your obligations under any provision of these Terms, and (ii) you agree that Frank Mortgage shall be entitled to seek and be awarded an order from a court of competent jurisdiction anywhere in the world for the purpose of recognizing and enforcing any interim or final judgement, order, injunction, award or other relief granted or provided by the courts of Ontario, and you hereby waive any defence you might then have to the granting of such an order.
21. Injunction.
You acknowledge that any breach, threatened or actual, of these Terms will cause irreparable harm to Frank Mortgage, such harm would not be quantifiable in monetary damages, and Frank Mortgage would not have an adequate remedy at law. You agree that Frank Mortgage shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction anywhere in the world restraining any breach, threatened or actual, of your obligations under any provision of these Terms, and without the necessity of showing or proving any actual or threatened damage or harm, notwithstanding any rule of law or equity to the contrary. You hereby waive any requirement that Frank Mortgage post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to Frank Mortgage to enforce any provision of these Terms.
22. Class Action Waiver.
Any proceedings to resolve or litigate any dispute, controversy or claim arising under, out of, in connection with, or related to (a) the Platform, the Services, Platform Apps or the Web Portal, or (b) these Terms, or their subject matter, negotiation, performance, renewal, termination, interpretation, or formation, will be conducted solely on an individual basis. Neither you nor Frank Mortgage will seek to have any such dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity. No proceeding will be combined with another without the prior written consent of all parties to all affected proceedings. If this class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, then this section will not apply to those parts.
23. Entire Agreement.
These Terms, together with any Additional Service Terms, represent the entire agreement between you and Frank Mortgage with respect to use of the Platform and Services, and they supersede all prior or contemporaneous terms, agreements, communications and proposals, whether electronic, oral, or written between you and Frank Mortgage with respect to any of the foregoing.
24. General
If any provision of these Terms is unlawful, void or unenforceable, then that provision shall be deemed severed from the remaining provisions and shall not affect the validity and enforceability of the remaining provisions. All rights and remedies of Frank Mortgage granted or recognized in these Terms are cumulative, are in addition to and not in substitution for any rights or remedies at law, and may be exercised at any time and from time to time independently or in any combination. In these Terms (a) references to currency are to the lawful money of Canada, (b) “person” includes individuals, corporations, partnerships, joint ventures, associations, trusts, unincorporated organizations, societies and all other organizations and entities recognized by law, and (c) “including” (and similar variations) means including without limitation. Failure by Frank Mortgage to insist on strict performance of any of the terms or conditions of these Terms or any Additional Service Terms will not operate as a waiver by Frank Mortgage of that or any subsequent default or failure of performance. Frank Mortgage’s affiliates, Frank Mortgage’s directors, officers, employees, partners, suppliers and agents, and Third Party Services and Third Party Content, are third party beneficiaries of the sections titled “Disclaimer of Warranties and Limitation of Liability” and “Indemnity”. Except as otherwise set forth in these Terms, there are no other third party beneficiaries of these Terms. You may not assign these Terms without the prior written consent of Frank Mortgage. Frank Mortgage may assign these Terms without restriction. These Terms will enure to the benefit of and will be binding on you and Frank Mortgage and your and its respective successors and permitted assigns.