Updated: April 11, 2019
Welcome to Blink Mortgage Inc. (“Blink Mortgage”, “we”, “us” or “our” as context dictates). We are a Canadian company that helps people navigate the complex mortgage world quickly and with a long term management plan.
YOU AGREE TO BE LEGALLY BOUND BY AND COMPLY WITH OUR TERMS REGARDLESS OF USING SERVICES OR HAVING A REGISTERED ACCOUNT.
If acting on behalf of a Company, you agree that you have authority to bind your Company to our Terms and that our Terms bind your Company.
If you do not agree to our Terms, in whole or in part, please do not use the Website.
“Account” means a User’s account that was registered on our Website and created for the purposes of accessing our Services.
“Application” or “App” means Blink Mortgage’s web based application utilized by a User to avail the Website
“Certified” means being officially recognized as possessing a certain qualification, criteria or meeting certain standards.
“Company” means a sole proprietorship, partnership, corporation, employer, bank, financial institution or lending institution.
“Content” means any content featured or displayed throughout the Website, including but not limited to text, documents, information, data, articles, opinions, images, photographs, graphics, software, Applications, video recordings, audio recordings, sounds, designs features, User Ratings and Testimonials and other materials that are available on the Website.
“Handle” means to process, record, transfer, access receive, use, disclose, retain, dispose of, destroy, manage, collect, store, or otherwise handle and any variation of “Handle” and “Handling” has the same meaning depending on the context.
“Law” means any statute, ordinance, regulation, rule, code, constitution, treaty, common law, governmental order or other requirement or rule of law of any governmental authority.
“Lending Institution” or “Lending Institutions” Canadians banks, credit unions, trusts, insurance companies, monoline lenders, non-bank lenders, mortgage investment corporations (MICs), private lenders, and financial institutions that provide Mortgages.
“Mortgage” means (i) a mortgage of real property, of a lease of real property, or of a mortgage of real property or a lease of real property; or (ii) any charge on real property, on a lease of real property, or on a mortgage of real property or a lease of real property for the purposes of securing the repayment of money or another consideration
““Mortgage Broker” or “Mortgage Planner” or “Mortgage Agent” or “Mortgage Advisor” or “Principal Broker” or any lawfully permitted title variation in Canada means a Person who on behalf of another Person for consideration or other compensation solicits a Person to borrow or lend money to be secured by a Mortgage; negotiates a Mortgage Transaction; collects Mortgage payments and otherwise administers Mortgages; buys, sells or exchanges Mortgages or offers to do so
“Person” means an individual or a Company.
“Personal Information” means any identifiable information related to a Person.
“Testimonials” mean the written statements submitted by Users to describe their experience using Blink Mortgage and the Website, such written statements may be used on Blink Mortgage’s Website and any other digital and print materials for marketing purposes.
“Transaction” means any trade, sale, lending agreement or an exchange or interaction between Persons on the Website
“User” means any Person that has a registered Blink Mortgage account.
“you” and “your” means either a User or such Persons as the context so requires, including a Company or other legal entity on behalf of which a Person may be acting.
2. Overview of Services
(a) Blink Mortgage was founded on the idea that mortgage frustrations could be solved using technology. To achieve this goal, we offer the ability to, among other things: calculate basic affordability, request Mortgage offers; review up to five (5) side-by-side Mortgage offers; digitally apply for a Mortgage; digitally upload the required documentation for your Mortgage application; track your Mortgage application; and access expert review and advice from our Mortgage Brokers and Planners. We also offer an ongoing mortgage monitoring process, ensuring you’re in the best mortgage as the market changes.
(b) The Services offered on our Website are only available and intended for people eligible to apply for Mortgages from Canadian Lending Institutions
(c) Blink Mortgage is licensed in Alberta and can practice in all provinces except Quebec.
3. General Terms
(a) You must be 18 years or older to use this Website;
(b) You may not use our Services for any illegal or unauthorized purpose nor may you violate any Laws in your jurisdiction, or the Laws of Canada and the Provinces, by using our Services; and,
(c) Our Terms may be available in languages other than English. In the event of any inconsistencies or conflicts between the English version of our Terms and our Terms available in another language, the most current English version of our Terms will govern.
5. Understanding the Role of Each Party
(a) Blink Mortgage is only responsible for providing the Website and for providing certain types of services (see Section 2 – Overview of Services). We provide services in our own personal or corporate capacities, and not as employees, agents or representatives of a User.
(b) Blink Mortgage has no role and assumes no liability with respect to any User’s act or omission and any issues which arise between any party using the Website.
(c) Blink Mortgage does not make any warranty, guarantee or representation as to the ability, competence or qualification of a Lending Institution, or any other Person, and we do not endorse or otherwise censor or manipulate information provided by Lending Institutions.
(d) You acknowledge that the Mortgage rates are not provided by Blink Mortgage and are provided by third-party Mortgage providers.
(e) Even though we are not a party to Transactions conducted and assume no liability for legal or regulatory compliance pertaining to services Users obtain from a Person, there may be circumstances where we are nevertheless legally obligated (as we may determine in our sole direction) to provide information relating to a User or Content in order to comply with requests from governmental bodies in relation to investigations, litigation or administrative proceedings, and we may choose to comply with such obligations in our sole discretion.
6. Your Account
(a) Account Set-up: In order to access our Services, you must register and create an Account on the Website. Once an Account is created, the User is responsible for managing the Account.
(b) Registration: In the process of registering for a Blink Mortgage Account, you will be asked to disclose Personal Information. You agree not to provide any false Personal Information and to keep all Personal Information up-to-date, accurate and complete at all times. Failure to do so, constitutes a breach of the Terms of Service and may result in immediate cancellation of your Account by Blink Mortgage. You agree not to create an Account for someone other than yourself.
(c) Company Accounts: If acting on behalf of a Company, you agree that you have authority to bind your Company to our Terms and that your Company will be the owner of the Account.
(d) Username: You may not use as a username the name of another Person or entity that is not lawfully available for use, or a name or trademark that is subject to any rights of another Person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
(e) Account Security: You agree not to share your password, or allow someone other than yourself to access your Account or do anything that may jeopardize the security of your Account. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your Account.
(f) Suspicious Activity: If we suspect any unauthorized access to your Account or that there is suspicious activity in relation to your Account, we retain the right, but do not have an obligation, to suspend your Account and take any other related action as we deem reasonable, and you agree to assist in executing such actions, which may involve your resetting of passwords or taking other measures as may be required.
(g) Cancellation by User: As a User, you may decide at any time to cancel your Account. Such cancellation is subject to subsection (j).
(h) Cancellation by Blink Mortgage: We reserve the right to suspend, and if deemed appropriate, cancel your Account with Blink Mortgage. If we cancel your Account, you shall not create another one without our permission.
(i) Effect of Cancellation: All provisions of the Terms, as identified in section 37(Surviving Provisions) shall survive cancellation. Upon cancellation, your right to the use our Services will immediately cease.
7. Fees and Payments
Blink services are provided at no cost to you, we will receive a fee from the lender once the mortgage is complete.
USERS AGREE THAT THEY DO NOT EXPECT BLINK MORTGAGE OR ANY OF ITS AFFILIATES OR ANY SUCH ENTITY’S AGENTS, OFFICERS AND DIRECTORS TO PROVIDE INSURANCE OR OTHERWISE OFFER ANY INDEMNITY IN REGARDS TO THE WEBSITE AND EACH PARTY ACKNOWLEDGES THAT IT DOES NOT RELY ON THE INSURANCE OF ANY OTHER PARTY.
9. Your Information
(a) You are responsible for the Content that you post to our Website, including its legality, reliability and appropriateness.
(c) You agree that all information or data on the Website or processed through the Website may be, without further required consent by you, Handled by a third- party for either: (1) the third party’s own legitimate business purposes; (2) purposes which serve our business purposes, including Transaction processing and data monitoring or storage; or (3) for regulatory or other reasons which are imposed on us, in Canada, or in any other jurisdiction we provide services.
(d) Your information may be subject to third party data management and privacy policies in the event such third parties are utilized by us or by you (e.g. for purposes of payment of fees or processing your Mortgage application).
10. Currency Conversion
Please note that if there’s a requirement to process a currency other than Canadian dollars, payments or payouts may be subject to conversion costs.
11. Representations, Warranties and Covenants
(a) You acknowledge and agree that: (1) you are 18 years old or older; (2) you have the authority to bind yourself, or such other party which you may be representing, to the Terms; (3) your use of the Website will be solely for purposes that are permitted by the Terms; (4) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party; and (5) your use of the Website, as applicable, will comply with all Laws and with all applicable Blink Mortgage’s policies.
(b) You acknowledge and confirm that the information you are providing is true and correct and understand that it is being used to process your Mortgage application/s. Further, you acknowledge and understand that Blink Mortgage and/or any of its Affiliates may be required to obtain additional information from third party sources in order to process your Mortgage application/s (including, for example, Lending Institutions, third party Mortgage providers, Mortgage Brokers) and that any and all information related to the process of your Mortgage application may be disclosed to potential Lending Institutions, third party Mortgage providers, and/or Mortgage Brokers.
(c) You acknowledge, agree and explicitly consent to the release and disclosure of your information provided in your Mortgage application to potential Lending Institutions, third party Mortgage providers, and/or Mortgage Brokers for the sole purpose of facilitating your Mortgage application process.
(d) User Conduct: Upon accessing the Website, you warrant that you will not:
(i) violate the terms set out under section 6 (Your Account);
(ii) with respect to a Transaction, make use of the Website or the tools and services on the Website to do anything other than to carry out activities which are normally related to Mortgage applications;
(iii) with respect to a Transaction, make use of the Website or the tools and services on the Website to do anything other than to carry out activities which are normally related to activities conducted on the Website;
(iv) reverse engineer, de-compile, disassemble or otherwise attempt to discover the source code or underlying ideas or algorithms in the Website;
(v) damage, disable, overburden or impair our servers or network, or interfere with any other party’s use and enjoyment of the Website;
(vi) copy, or make derivative work from, any part of the Website in any medium, including use of a frame or border environment around the Website, or other framing technique to enclose any portion or aspect of the Website, using any device including using spiders, data mining, robots, or similar data gathering means;
(vii) access the Website in order to build a commercially available product or service which competes with the Website;
(viii) copy any features, functions, integrations, interfaces or graphics which are part of the Website;
(ix) violate any Laws;
(x) make statements on any part of the Website on any topic, particularly regarding other Users, Content and the Website, which could reasonably be considered false or misleading;
(xi) wilfully tamper with the security of the Website, including attempting to probe, scan or test the vulnerability of the Website or to breach the security or authentication measures;
(xii) share any sensitive data with us which, in the normal course of events, would demand special Handling and introduce a security burden on Blink Mortgage that is not agreed upon by us in writing in advance of receipt of such data;
(xiii) transmit any information, through the Website or to Users in any other manner, which may: (1) be unlawful, threatening, abusive, libelous, defamatory; (2) refute or is contrary to what is set out anywhere in the Website; (3) is considered “spam” (including machine or randomly- generated, constitutes unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation or any form of lottery or gambling); (4) contains or installs any viruses, worms, malware, Trojan horses or other content that is designed or intended to disrupt, damage or limit the function of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; and (5) violates the privacy of any third party; and
(xiv) attempt to gain unauthorized access to the Website or our computer systems or networks through hacking, password mining or any other means.
(e) We reserve the right to investigate and prosecute, to the fullest extent of the Law, any violation of the above. Our actions against you, upon suspicion or confirmation of a violation of the above, may also include suspension or termination of your Account, removal or suspension of your Content and issuance of a warning to Users about any relevant information about you to the extent permissible under applicable Law.
12. How to Deal with Misconduct
If you notice anyone who is behaving inappropriately in their use of the Website, including dangerously or in violation of Law, you should not hesitate to report the Person to us and the appropriate authorities provided, however, that any such contact with us will not: (1) make us liable to you in any way; or (2) oblige us to take any action beyond what is our legal obligation.
13. Disclaimer Regarding our Actions
In some circumstances, we may become aware of potentially illegal or fraudulent activity in relation to the use of the Website. Any actions we take with respect of this knowledge, including any messages (e.g. warning) we might provide on the Website or through any communication directly to Users, is strictly on an “as is” basis. We do not provide: (1) any representations or warranties regarding the reliability or accuracy of any such messages; (2) any assurance that we can be relied upon to ensure that such messages will reach all those Users who would benefit from receiving the messages and that even if such messages are received, the Users will be able to avoid the harm or other adverse impact that we may have been warning about in the message; or (3) that any assurances that we will reliably become aware of such potentially illegal or fraudulent activity.
14. Constructive Comments and Prohibited Content
In certain circumstances, Users may opt to provide Testimonials on the Website. Testimonials can include details or comments about our Services. In addition to the presence of the Testimonial on the Website, Users making such Testimonials grant us a worldwide, royalty-free, perpetual, irrevocable and exclusive right to publish any such Testimonial, in any manner and at any time, solely at our discretion.
15. Monitoring of User Activity and Privacy
16. Third Party Links
The Website may contain links to third-party web sites or services that are not owned or controlled by Blink Mortgage.
Blink Mortgage has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services. You further acknowledge and agree that Blink Mortgage shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
17. Right to Terminate Account
We reserve the right, but not the obligation to, determine, solely at our discretion, whether any User violates our Terms and at our choosing suspend, terminate or deny access to a User Account, with or without prior notice.
(a) Our Terms, and any applicable payment obligations, will deemed to be applicable to you upon your use of the Website and will terminate only upon an actual deletion or deactivation of your Account through the means provided on the Website. Abandonment or non-use of the Account will not lead to an automatic termination of your Account.
(b) We may terminate your access to all or any part of the Website at any time, with our without cause and with or without notice, effective immediately and for any reason deemed appropriate in our sole discretion.
(c) Except for the provisions set out in Section 37 (Surviving Provisions) the Terms will no longer be applicable to you if your Account is cancelled or terminated.
(d) Upon termination of your Account, (1) all rights, licenses, consents and authorizations granted pursuant to our Terms will immediately terminate and any Content which is provided by a User under our Terms will be no longer accessible by a User, and (2) we may disable all User access to services on the Website.
(e) Notwithstanding anything to the contrary in the Terms, with respect to information and materials then in our possession or control:
(i) we may retain User Data in our backups, archives and disaster recovery systems until such User Data is deleted in the ordinary course; and
(ii) all information and materials described in subsection (i) will remain subject to all confidentiality, security and other applicable requirements of the Terms.
19. Intellectual Property Rights
(a) We retain ownership of all intellectual property rights of any kind related to the Website, including applicable copyrights, patents, trademarks and other proprietary rights. The Terms do not transfer any intellectual property between parties. We reserve all rights that are not expressly granted under the Terms.
(b) All Content and information on the Website is protected by copyright as a collective work and/or compilation under applicable Laws. These marks may not be copied, downloaded, reproduced, used, modified or distributed in any way without our prior written permission by the applicable party.
20. Permission for Communication
We use email and other electronic means to stay in touch with Users. You agree that when you provide us your e-mail address or personally identifying information (e.g. name, address) during or prior to access of the Website or use of any other service or tool provided through or on the Website, you: (1) consent to receive communications from us, our Affiliates, and applicable Users in electronic formats, including via the email address you have submitted, SMS messages to your telephone, or other agreed upon contact methods; (2) can opt-out from receiving communication from any such party at any time by completing the formalities on the Website, but we do not take on any liability for any communication of another party to you, particularly if you have provided your contact information to them independently rather than using the communication functions of the Website; and (3) agree that our Terms, agreements, notices, disclosures and other communications that we provide you electronically satisfy any legal requirement that such communications would satisfy if they were in writing and physically presented to you.
21. Disclaimer of Warranties
IN ADDITION TO ANY OTHER DISCLAIMERS SET OUT IN THE TERMS, THE SERVICES PROVIDED, INCLUDING ALL CONTENT ON, FUNCTION OF, AND TRANSACTIONS CONDUCTED OVER, THE WEBSITE ARE “AS IS” WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND MADE BY US. TO THE FULLEST EXTENT OF THE LAW, WE DO NOT REPRESENT THAT ANY INFORMATION EXCHANGED BETWEEN A PARTY UNDER THE TERMS IS SECURE, EVEN IF WE BECOME AWARE OF ANY, OR ARE TOLD ABOUT, A POTENTIAL BREACH. FURTHER, WE EXPRESSLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, RELIABILITY OR ACCURACY. WE DO NOT WARRANT THAT THE WEBSITE OR THE FUNCTIONS THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THE WEBSITE OR ANY ITEM CONNECTED
WITH THE SERVER IS FREE OF VIRUSES OR ANY HARMFUL COMPONENTS. EXCEPT AS EXPRESSLY PROVIDED FOR ELSEWHERE IN THIS AGREEMENT, ANY TRANSMISSION TO AND FROM THIS WEBSITE, COMMUNICATION BETWEEN THE PARTIES OR ANY COMMENTS MADE BY YOU, ARE NOT CONFIDENTIAL,. YOU AGREE THAT YOUR USE OF THIS WEBSITE CREATES NO OBLIGATION UPON US AND THERE IS NO RELATIONSHIP (WHETHER CONTRACTUAL, FIDUCIARY OR OTHERWISE) CREATED BETWEEN YOU AND US OTHER THAN PURSUANT TO THESE TERMS.
22. Limitation of Liability
We will not be liable for any damages or losses arising from your use of the Website or arising under our Terms. To the maximum extent permitted by applicable Law, in no event will Blink Mortgage be liable to you for any loss of profits, interruption to business, harm to reputation, misuse of data, or for any incidental, direct, indirect, special, consequential or exemplary damages, however arising and whether or not Blink Mortgage has been informed of the possibility of such damage, even if a remedy set forth in our Terms is found to have failed of its essential purpose. We will also have no liability for any failure or delay, including the failure of any integrated or ancillary third-party service used in conjunction with the Website or for any failure of a third party to keep safe any Transactional information or other Personal Information of a User.
23. Release and Indemnification
(a) You agree to indemnify and hold harmless Blink Mortgage, its officers, directors, employees, agents, successors and permitted assigns from and against any and all claims and expenses, including legal fees and disbursements, arising out of:
(i) any use of the Website (including Content posted by you or use of a social media website or App in connection with Content on the Website) by you, including a User’s violations of any of the provisions in our Terms or any other terms as agreed upon between Users;
(ii) improper Handling of User Data;
(iii) allegation of facts that, if true, would constitute User’s breach of any of its representations, warranties, covenants or obligations under the Terms; or
(iv) negligence or willful misconduct by User or any third party on behalf of User in connection with the Terms.
(b) In the event of any dispute between you and any other User in connection with the Website, you agree to grant Blink Mortgage and its officers, employees, directors, and agents and related entities a release from all claims, causes of action, demands and damages (actual and consequential) of every kind and nature whatsoever, known and unknown, arising out of or in any way connected with such dispute now or at any time in the future.
(c) In the event you are a California resident, you waive California Civil Code Section 1542, which says: “a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
(d) We may, at our sole discretion and expense, choose to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without our written consent.
24. Modification of Terms
(a) Blink Mortgage reserves the right, at our sole discretion, to amend our Terms at any time and will update our Terms in the event of any such amendments.
(b) If a change is made to our Terms which we consider significant, we will post the amended Terms of Service on the Website. Although we will take reasonable steps to notify you of such significant changes made, you are expected to check the Terms of Service periodically for any amendments. Your continued use of the Website following such notification shall constitute your affirmative acknowledgement of the Terms of Service, the modification and agreement to abide and be bound by the Terms of Service, as amended. If at any time you choose not to accept our Terms, including following receipt of notification of any modifications made hereto, then please do not use the Website.
25. Governing Law
Our Terms and access to or use of the Website shall be governed by, and construed in accordance with the internal Laws of the Province of Alberta and the federal Laws of Canada applicable in that province, without giving effect to any choice or conflict of law provision or rule (whether of the Province of Alberta or any other jurisdiction) that would cause the application of the Laws of any jurisdiction other than those of the province of Alberta.
(a) If any claim, dispute or controversy occurring amongst Users, or between a User and Blink Mortgage in relation to our Services, cannot be resolved within a commercially reasonable timeframe, the dispute may be referred to arbitration pursuant to the International Commercial Arbitration Act (RSA 2000, c I-5) (Alberta). There shall be one arbitrator selected in accordance with the Rules. The parties to the dispute shall equally share the fees of the arbitrator and the facility fees and such parties shall each bear their own legal costs and expenses of the arbitration; provided, that the arbitrator shall have the authority to award such fees, costs and expenses in the decision of the arbitrator. The arbitration shall be conducted in English. Notwithstanding the foregoing, each disputing party shall have the right to seek injunctive or other equitable relief that may be related to the breach of confidentiality obligations or violation of the intellectual property rights set forth in the Terms.
27. Waiver of Class Proceedings
Blink Mortgage and all Users hereby waive any right they may have to commence or participate in any class action lawsuit against Blink Mortgage related to any claim, dispute or controversy and hereby agree to opt out of any class proceeding against Blink Mortgage otherwise commenced.
If any portion or provision of the Terms shall to any extent be declared illegal or unenforceable by a court of competent jurisdiction, then the remainder of the Terms, or the application of such portion and provision in circumstances other than those as to which it is so declared illegal or unenforceable, shall not be affected thereby, and each portion and provision of the Terms shall be valid and enforceable to the fullest extent permitted by Law.
29. No Assignment
(b) Users may not assign or delegate any rights or obligations under the Terms without our prior written consent and any unauthorized assignment and delegation by you is void.
30. Headings and Summaries
The headings, captions and summaries in the Terms are for convenience only and in no way define or describe the scope or content of any provision of the Terms.
Except as otherwise stated in the Terms or as expressly required by Law, any notice to us shall be given by Certified postal mail to 1033-150 9 Ave SW, Calgary, AB, 866-243-3102, or by email to email@example.com. Any notice to you shall be given to the most current email address in your Account.
32. No Agency
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship between you and Blink Mortgage is intended or created by these Terms. A User of the Website is not Blink Mortgage’s representative or agent, and may not enter into an agreement on Blink Mortgage’s behalf.
33. Other Rules of Interpretation
Any reference to gender includes all genders; words importing the singular number only shall include the plural and vice versa; the word “or” is not exclusive; and the words “including”, “includes” and “include” mean “including without limitation”.
34. No Waiver of Covenants
Failure by any party to insist upon the strict performance of any of the covenants, agreements, terms, provisions or conditions contained in the Terms or to exercise any election shall not be construed as a waiver or relinquishment of such covenant, agreement, term, provision or condition but the same shall continue and remain in full force. No waiver shall be deemed to have been made unless expressed in writing.
Please report any violations of these Terms by a User or a third party by sending an email to firstname.lastname@example.org
36. Surviving Provisions
Only the following provisions of these Terms of Service will survive following any termination or expiration: Sections 7 (Fees and Payment), 11 (Representations, Warranties and Covenants), 19 (Termination), 21 (Permission for Communication), 23 (Limitation of Liability), 24 (Release and Indemnification), 26 (Governing Law), 27 (Arbitration), 28 (Waiver of Class Proceedings) and this Section.
37. Entire Agreement
YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND AGREE TO BE BOUND BY THE TERMS.