Scarlett Terms of Service
Version 1.1 – Last updated on December 3, 2019.
Overview
Scarlett is provided by Axiom Innovations Inc
These terms of service (or “Terms” for short) are a legal contract between you and Axiom Innovations Inc. (Axiom Innovations Inc. will be referred to using “we”, “us”, and “our”). These terms govern your access to and use of our website (“Site”). The Site, and any services rendered or made available through the Site will be referred to as the “Services”.
Please read this document carefully, since it affects your legal rights (including limitations of liability and disclaimers of warranty). By clicking “I Agree” at the end of these terms, you will enter into a binding legal contract. If you do not agree with these terms, or if you lack the capacity or authority to agree to these terms, do not browse the Site, or otherwise access or use the Services.
1 – Changes to these Terms
We may amend any part of these Terms by adding, deleting, or varying their content. These amendments may be made from time-to-time in our discretion.
We will provide you with notice of the proposed amendment by posting an amended version of these Terms with a new version number, and a pop-up window directing you to the new version. We will include a link to the previous version of the terms beneath the new version number. 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 terminate these Terms by ceasing to use the Services at any time within the 30-day notice period. If the amendment increases your obligations under these Terms, or decreases our obligations under these Terms, then you can also cancel in the 30 days after the amendments take effect. There will be no cost or penalty for doing so. If you do not cease using the Services during that time, then by your continued use, you are considered to have accepted the proposed amendments. Additionally, if you begin using the Services again, you are considered to have accepted the amendments then in effect.
The termination of these Terms pursuant to the previous paragraph will not affect any contracts that you have concluded with third-party financial institutions, nor will it affect any other contract you have concluded with Axiom Innovations.
2 – Axiom’s Role in Providing Services and in Related Transactions
You (the “Client”, “you” or “your” as context dictates) will leverage the Service’s at the invitation of your Broker for the purposes of assembling and submitting to lenders the information package as required for your loan application (“Application”) to prospective lenders, Pursuant to our End User Terms, our Services only provide functioning data repository which enable Brokers to offer you an elegant Application submission process.
Your Broker continues to be responsible for compliance with any applicable laws and rules generally set out by a governmental and regulatory authority in respect of your Application.
We provide the Service in our own personal or corporate capacities, and should not be considered an agent or representative of a Broker, a Client or a lender.
The “User” in these End User Access Term refers to the person who is subscribing to our Service acting solely for the person’s own benefit or acting on behalf of others (e.g. brokerage corporate entity). If you are using the Service on behalf of an organization, you agree to our End User Terms on behalf of that organization, and represent you have authority to bind that organization to the terms contained herein.
Though your use of our Service is subject to our End User Terms, many aspects of the process to submit the Application and receive information from lenders may be subject to third parties’ policies and rules, including those relating to your lender intermediaries and the lenders. We encourage all parties to be aware of those policies and rules, as applicable since we do not control, track, or otherwise influence those third party rules.
3 – How Our Service Works
Our service allows brokers to offer their clients a digital mortgage experience. We give brokers a customizable web app on the Scarlettnetwork.com domain. Once you create an account and complete a mortgage application, we store this application for the broker on Scarlett. The broker can use our service to follow-up and collect uploaded documents. The broker is responsible for getting the proper consent from you using our service. After collecting your data, the broker uses Scarlett to transmit the deal to the lender for approval.
4 – Accounts
You will be required to create an account in order to use the Services. You must use current and accurate information to create your account. You are limited to a single account per unique site link, and cannot create multiple accounts, either under your own name or the names of others.
Your account is intended for your use only, and you must not share your log-in credentials with others, nor allow others to access your account.
Information between accounts is not shared, even if the accounts are both involved in the same transaction.
5 – Use of the Site
We give you permission to access the Site through one of your devices. Our role is to make the Site Services reasonably available for mortgage applicants, mortgage brokers and agents. As explained in the previous section, we cannot control – nor accept any responsibility for – any other issues.
We may update the Site from time to time in order to improve the Services. Updates will be automatically available
6 – Acceptable Use Policy
We strive for complete transparency in our dealings with you. We expect the same level of respect in return. This principle is embodied in our acceptable use policy for the Services.
When you upload documents or other information as part of the Services, the following acceptable use policy applies: (i) the copy uploaded must be a true and accurate copy of the original document, (ii) the original document from which the copy/scan was made must be authentic and valid; (iii) the documents must not create a misleading impression of your financial and other circumstances, whether by omission or otherwise; (iv) you must not knowingly upload inaccurate, outdated, or incomplete documents; (v) you must not knowingly upload documents which contain illegal or infringing content, or which you do not have the right to use and copy.
When you use the Services, the following acceptable use policy applies. You must not: (i) decompile, disassemble, reverse engineer, investigate, or otherwise access any non-user interface portion of the Site; (ii) circumvent any limitations we place on your use of the Services; (iii) use or display the Site in such a way that this allows derivation of information about the Services that was not intended to be made available to users; (iv) circumvent any security features or technological protection measures built into the App; (v) automate access to the Services, including, without limitation, through the use of APIs, bots, scrapers or other similar devices; (vi) attempt to access the Services after having been banned by us.
When interacting with brokers or other employees (via the Services or otherwise) you must be maintain the same level of honesty and candour. You must not knowingly or recklessly mislead them about relevant facts, and must proactively provide all relevant information of which you are aware.
7 – Disclaimer of Warranties
WE HEREBY EXCLUDE ALL REPRESENTATIONS, CONDITIONS AND WARRANTIES REGARDING THE SITE AND THE SERVICES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND INCLUDING ANY REPRESENTATION, CONDITION OR WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
NOTABLY, AND WITHOUT LIMITING THE GENERALITY OF THE PRECEDING PARAGRAPH, WE DO NOT GUARANTEE ANY PARTICULAR LEVEL OF UP-TIME OR AVAILABILITY OF THE SERVICES. THE SERVICES MAY BECOME UNAVAILABLE FOR MANY REASONS, INCLUDING SCHEDULED AND UNSCHEDULED MAINTENANCE BY US.
8 – Limitation of Liability
WITH THE EXCEPTION OF INTENTIONAL WRONGDOING OR GROSS NEGLIGENCE, WE SHALL NOT BE LIABLE FOR ANY DAMAGES CAUSED BY OR RELATED THE SERVICES, OUR ACTIONS OR INACTIONS, OR THESE TERMS (INCLUDING THE BREACH OF THESE TERMS). THIS LIMITATION OF LIABILITY SHALL APPLY TO ALL DAMAGES HOWEVER CAUSED, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PROPERTY, PRIVACY, STATUTE, OR OTHERWISE.
NOTABLY, AND WITHOUT LIMITING THE GENERALITY OF THE PRECEDING PARAGRAPH, WE SHALL NOT BE LIABLE FOR ANY LOST TIME, LOSS OF ENJOYMENT, LOSS OF DATA, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITIES, OR LEGAL FEES AND LITIGATION EXPENSES, HOWSOEVER CAUSED.
9 – Indemnification
If you use the Services for commercial or non-consumer purposes, you agree to indemnify and hold harmless us and our officers, directors, employees, agents, and affiliated companies against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including reasonable legal and accounting fees caused by your use or misuse of the Services, or by your breach of these Terms.
10 – Termination
10(a) – Termination without Cause
We may terminate these Terms without cause and without prior notice if we choose to discontinue the Services in whole or in part. We may also terminate these Terms if you violate the acceptable use policy in section 6 or otherwise materially breach these Terms.
You may terminate these Terms without cause at any time by ceasing to use the Services. If you begin using the Services again, these Terms will apply.
10(b) – Survival
Sections 2, 3, 6, 7, 8, 9 (if applicable to you), 10(b), and 11 will survive the termination of these Terms regardless of reason, and shall continue to bind both you and us.
Additionally, the termination of these Terms by either of us will not affect any contracts that you have concluded with third-party financial institutions, nor will it affect any other contract you have concluded with us.
11 – General
11(a) – Governing law
These Terms are governed exclusively by the domestic laws of Ontario and the federal laws of Canada applicable therein.
11(b) – Resolution of Complaints
We are committed to customer satisfaction, so if you have a problem or dispute, we will try to resolve your concerns. But if we are unsuccessful in doing so within 60 days of your complaint, either of us may pursue dispute resolution as explained in the following two sections.
11(c) – Dispute Resolution
All litigation arising from or related to these Terms or the Services shall be submitted to the exclusive jurisdiction of the courts of Ontario sitting in Toronto.
11(d) – Jury Trial Waiver
All disputes (whether or not subject to arbitration) arising from or relating to these Terms or the Services shall be determined by a judge-alone trial. You and us irrevocably waive any right to a trial by jury which might exist.
11(e) – Assignment
You may not assign any of your rights arising under these Terms without our written consent.
11(f) – Status of the Parties
These Terms do not create any relationship of employment, partnership, agency/mandate, trust, franchise, or joint venture. As explained above, we are simply a service provider. We do not ourselves offer mortgage financing, nor do we act as agent for either you or the financial institution that you may sign mortgages with. You are not directly contracting with us to provide mortgages or financing.
11(g) – Amendments
These Terms can only be amended or suspended by following the procedure set out in section 1, above. No other amendment or suspension is valid, nor can any purported waiver be set up against us unless the waiver follows the procedure for an amendment set out in section 1.
11(h) – Entire Agreement
These Terms (as amended from time to time) constitute the entire agreement between you and us regarding the Services. These Terms (and any amendments) replace and supersede any previous or existing agreement, contract, understanding, or representation regarding the Services.
For clarity, despite this Entire Agreement section, your purchases of financial products or services will be subject to separate agreements with us and with third parties.
11(i) – Language
You and us have agreed that these Terms and all related documents be drawn up in the English language. Les parties aux présentes reconnaissent avoir convenu que la présente entente et les documents connexes soient rédigés en langue Anglais.
11(j) – Privacy
We take privacy seriously. For more information on how we collect, use, and disclose personal information, please see our privacy policy, accessible here: Privacy Policy
11(k) – Contact
General inquiries may be sent to the following coordinates:
Axiom Innovations Inc.
414-220 Duncan Mill road
Toronto, ON M3B-2V1
Canada
