Terms of Service

Last Updated: June 6th, 2024

Binaxity Holdings Inc. (“Binaxity.com” / “WE” / “US”) OWNS AND OPERATES THE WEBSITE LOCATED AT WWW.BINAXITY.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 AND USERS WHO SIMPLY VIEW THE CONTENT ON OR AVAILABLE THROUGH THIS WEBSITE (“USERS”/ “YOU”).

THESE TERMS OF USE ALSO APPLY TO ANY THIRD PARTY WEBSITE OR SERVICE, SUCH AS A PARTNER BLOG OR SOCIAL MEDIA PLATFORM THAT HOSTS Binaxity.com CONTENT (SUCH AS THE Binaxity.com FACEBOOK PAGE).

BY USING THIS WEBSITE AND/OR SERVICE (DEFINED BELOW), YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE, THEN DO NOT USE THE WEBSITE OR ANY OF ITS CONTENT OR SERVICES. THESE TERMS OF USE MAY BE AMENDED OR UPDATED BY Binaxity.com 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.

IN ORDER TO USE CERTAIN FEATURES OF THE WEBSITE, YOU MAY BE REQUIRED TO PROVIDE CERTAIN PERSONAL INFORMATION. ALL PERSONAL INFORMATION YOU PROVIDE TO US WILL BE TREATED IN ACCORDANCE WITH THE TERMS OF OUR PRIVACY POLICY, WHICH IS HEREBY INCORPORATED BY REFERENCE INTO THESE TERMS OF USE.

The Service. Binaxity.com provides a comparison service for financial products including mortgage rates, and obtains free credit reports from our partners (collectively, “Financial Products”), to allow Users to compare rates and evaluate the advantages and disadvantages of Financial Products in order to select the Financial Products that Users believe to be best suited to their needs. In addition, there are certain Financial Products listed on the Website for which we do not have access to detailed information about features and benefits. For such products, you can submit your contact information (see further Section 3, below), and we will forward your information and request directly to the third-party Financial Products provider or broker (“Vendor”), who will contact you with more information about the requested Financial Product (the “Services”).

Financial Products Disclaimer: Binaxity.com owns and operates a mortgage brokerage. Binaxity.com also owns and operates a mortgage lender which lends under the name Binaxity Financial. The Binaxity Financial Products (the “Binaxity Products”) appear in the list of Financial Products listed on the Website, however all Financial Products are sorted according to rates and User selection criteria, and accordingly the Binaxity Products do not receive any preferential treatment or advantage as compared to the other Financial Products listed on the Website.

Service Disclaimer: By using the Services, you understand and acknowledge that Binaxity.com provides a platform for Users to get information on and compare third party Financial Products. Binaxity.com is not a provider or vendor of Financial Products (other than the Binaxity Products that are provided by Binaxity Financial), nor is it a financial advisor. The information provided on the Website is provided for information purposes only and is not and should not be construed as financial advice or any other kind of advice. Binaxity.com makes no representations or warranties about the accuracy of any information contained on the Website, and shall not be responsible for any inaccuracies, misrepresentations, errors or omissions in the information provided therein, and some information may not always be up to date. Additionally, some of the information about certain Financial Products appearing on the Website is provided directly by Vendors, not by Binaxity.com (“Vendor Content”). As between Binaxity.com and Vendor, Vendors are exclusively responsible for Vendor Content, and Binaxity.com shall not be responsible for any Vendor Content or for any inaccuracies in any Vendor Content or any losses, claims, expenses, damages, or liabilities that arise as a result of any Vendor Content. Users are strongly encouraged to use common sense and discretion and to do their own research before relying on any of the information provided by the Website, and to consult an independent competent professional (such as, without limitation, an accountant, real estate agent, mortgage broker, insurance broker, or lawyer) before transacting with any Vendor for any Financial Product. We are not responsible for any advice provided by any professional you consult, nor are we responsible for the acts or omissions of any Vendor or User or for any actual, failed, proposed or discussed transaction following your use of the Services or any other decisions you make as a result of using the Website and/or Services. Users hereby understand and agree to use the information contained on this Website at their own risk.

Registration: You do not need an account in order to view the Website, however if you do not register for an account certain features of the Website, such as a free credit report, will not be available to you. Users have the option to register for a Binaxity.com account. In order to register for an account, you will be required to provide your personal information such as your name, e-mail, and address. You will also be required to select a username and password. You are responsible for all activity that occurs on your account, so please select a strong password and do not share it with any other individual or entity. Binaxity.com is not liable for any of the activity occurring on your account, including any unauthorized access to your account. Please notify us immediately if you believe your account has been compromised.

Rate Request Forms: For certain Financial Products (excluding Insurance Quotes, see Section 5, below), you will be able to click on a link on our Website that will redirect you to the Vendor website to apply for the Financial Product you are interested in. For other Financial Products you may need to fill out a request form (“Request Form”) for more information about the Financial Product. If you fill out a Request Form you will be asked to provide additional personal information including your name, phone number, location, contact method, preferred time of contact and the details and certain other details specific to the Financial Product you are interested in (e.g. if you are interested in mortgage rates, you may be asked to provide the approximate amount of mortgage you require). We will forward your Request Form to the applicable Vendor, who will then contact you via your preferred contact method. You hereby consent to our collecting and processing the information you provide in your Request Form, and submitting it to the Vendor providing the Financial Product you are interested in.

Insurance Quotes: If you are interested in an insurance quote, you will be asked to provide your postal code or province. Once you submit your postal code you may be re-directed to one of the Binaxity.com partners where you can input your information and receive an insurance quote. We may have different partners depending on what type of insurance you need. Additionally, the information that you will be asked to provide will also differ depending on what your insurance needs are. By submitting your postal code or province, you hereby consent to being re-directed to the website of one of our partners.

Credit Report: From time to time, Binaxity.com may make a free credit report available to Users who have registered for the Website; the credit report will be provided through a third-party credit report provider, Equifax and Fico. Obtaining such a credit report will not affect your credit score. In addition to these Terms of Use and the provisions of our Privacy Policy governing the provision of the credit report, your receipt of the credit report is subject to Equifax’s and Fico’s Terms of Use and Privacy Policy as they exist at the time you request the report. The Services Binaxity.com provides with respect to the credit report include: (i) facilitating your receipt of the credit report by providing access to the same through Binaxity.com, (ii) collecting the necessary information to share with Equifax and Fico so that the production of the credit report may be facilitated by Equifax and Fico, and (iii) from time to time, updating the credit report. You acknowledge and agree that the provision of the credit report requires the collection of certain personal information, as detailed in the Privacy Policy. Additionally, by requesting your credit report, you are also agreeing to Binaxity.com continually pulling your credit report to provide you with updated credit score information through your Binaxity.com account. We update credit reports regularly, however, you understand and agree that the report being displayed in your account may not be the most up-to-date report available. You can see the date of the credit report when you log-in to your account. All credit report information is provided by Equifax & Fico, and you acknowledge and agree that Binaxity.com is not responsible or liable in any way for the information contained in your credit report or your reliance thereon and Binaxity.com makes no representations as to the completeness or accuracy of the credit report.

No Endorsement: Other than the Binaxity Products provided by Binaxity Financial, Binaxity.com is not a provider, broker or vendor of Financial Products appearing on the Website. Any and all Financial Products that are listed or referred to on the Website are provided by third party vendors (excluding the Binaxity Products provided by Binaxity Financial). Other than Binaxity, Binaxity.com is not affiliated with any of the Vendors and does not endorse any of the Financial Products or other products and services of any Vendor whose products appear on our Website. Any reference to the word “partner” should not be interpreted as Binaxity.com endorsing any Financial Product of any Vendor appearing on, advertised on, or linked to our Website.

User Eligibility for Financial Products: User understands and agrees that any transaction for any Financial Products is between User and Vendor. Users may not be eligible for any or all of the Financial Products appearing on the Website, or for the rates appearing on the Website, and the Vendor, and not Binaxity.com, is responsible for approving or denying any application for any Financial Products in its sole discretion.

Binaxity.com Fees: The Website and Service is free for Users.

User Content: All information, data, text, comments, software, music, sound, photographs, graphics, video, messages or other materials, whether publicly posted or privately transmitted to the Website by Users whether in forums or otherwise (“User Content”), is the sole responsibility of such Users. This means that Users, and not Binaxity.com, are entirely responsible for all such material uploaded, posted, emailed, transmitted or otherwise made available by using the Service. Binaxity.com 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 Binaxity.com be liable in any way for any materials, including, but not limited to, 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 User Content posted, emailed, transmitted or otherwise made available via the Service.

Restrictions on User Content and Use of the Service: Binaxity.com 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:

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. 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 and Vendor Content, this Website, and the information and materials that it contains, including the comparisons and analyses of the Financial Products we provide are the intellectual property and/or proprietary information of Binaxity.com and its partners and 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, Binaxity.com 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 Binaxity.com or Binaxity.com names, trademarks, logos, domain names, and other distinctive brand features without our prior written consent. Any future release, update, or other addition to functionality of the Website or Binaxity.com App shall be subject to the terms of these Terms.

Feedback: If You provide Binaxity.com with any suggestions, comments or other feedback relating to any aspect of the Website and/or Service ("Feedback"), Binaxity.com may use such Feedback in the Website or in any other Binaxity.com products or services (collectively, "Binaxity.com Offerings"). Accordingly, You agree that: (a) Binaxity.com 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 Binaxity.com, (c) Binaxity.com (including all of its successors and assigns and any successors and assigns of any of the Binaxity.com Offerings) may freely use, reproduce, publicize, license, distribute, and otherwise commercialize Feedback in any Binaxity.com Offerings, and (d) You are not entitled to receive any compensation or reimbursement of any kind from Binaxity.com or any of the other users of the Website in respect of the Feedback.

Advertising: You acknowledge and agree that the Website may contain advertisements for Vendor Financial Products and other third party products and services. If You elect to have any business dealings with a Vendor or other third party whose products or services may be advertised on the Website, You acknowledge and agree that such dealings are solely between You and such advertiser and You further acknowledge and agree that Binaxity.com shall not have any responsibility or liability for any losses or damages that You may incur as a result of any such dealings. You shall be responsible for obtaining access to the Website and acknowledge that such access may involve third-party fees (such as Internet service provider access or data fees). You shall be solely responsible for any such fees and also for obtaining any equipment that is required to access the Website. It is your responsibility to ascertain whether any information or materials downloaded from the Website are free of viruses, worms, Trojan Horses, or other items of a potentially destructive nature.

Links & Third-Party Websites: This Website (including User Content) contains links to other websites that are not owned or controlled by Binaxity.com, such as our insurance quote partners. In no event shall any reference to any third party, third party product or service, including Vendor Financial Products, be construed as an approval or endorsement by Binaxity.com of that third party, third party product or service. Binaxity.com 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 Binaxity.com endorses or accepts any responsibility for the content or use of such websites, and You hereby release Binaxity.com from all liability and/damages that may arise from Your use of such websites or receipt of services from any such websites.

While Binaxity.com does not prohibit linking to third party websites and content, it does not wish to be linked to or from any third-party web site which contains, posts or transmits any of the prohibited content in Section 3 of these Terms of Use. Binaxity.com reserves the right to prohibit or remove (or require You to remove) any link to the Website, including, without limitation, any link which contains or makes available any content or information of the foregoing nature, at any time.

Release: Because we do not supervise or control interactions between Users and Vendors, and because we have very limited control, if any, over the legality, truthfulness or accuracy of various aspects of the Website or Services, You agree that You bear all risk and You agree to release Binaxity.com. (and their officers, directors, shareholders, agents, employees, affiliates, subsidiaries, and third party partners) (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, now and in the future, arising out of or in any way connected with Your use of the Services, Your interactions and transactions with Vendors, Your third party transactions, and our resolution of any disputes between Users. You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver.

DISCLAIMER OF REPRESENTATIONS, WARRANTIES AND CONDITIONS: THE WEBSITE, SERVICE, Binaxity.com APP AND ALL MATERIALS PROVIDED THEREIN ARE PROVIDED "AS IS." Binaxity.com SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, 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. Binaxity.com 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 Binaxity.com SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD PARTY. Binaxity.com WILL NOT BE LIABLE FOR ANY TYPE OF CONTENT EXCHANGED BY MEANS OF THE SERVICE.

LIMITATION OF LIABILITY: UNDER NO CIRCUMSTANCES SHALL Binaxity.com BE LIABLE FOR ANY 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, Binaxity.com APP 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 Binaxity.com APP, OR (V) ANY ERRORS OR OMISSIONS IN ANY MATERIAL ON THE WEBSITE OR MATERIALS PROVIDED BY THIRD PARTIES, INCLUDING VENDORS, AND OUR CREDIT PARTNERS, 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 Binaxity.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, Binaxity.com’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 U.S. DOLLARS ($50) OR (B) AMOUNTS YOU’VE PAID Binaxity.com 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 Binaxity.com 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.

Termination: Binaxity.com 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 Binaxity.com (including, without limitation, non-payment of any fees owed in connection with the website or otherwise owed by You to Binaxity.com), (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 Binaxity.com in its sole discretion and that Binaxity.com 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 Binaxity.com shall be in addition to any and all other rights and remedies that Binaxity.com may have.

Availability & Updates: Binaxity.com may alter, suspend, or discontinue this Website at any time and for any reason or no reason, without notice. The Website, Service may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons. Binaxity.com may periodically add or update the information and materials on this Website without notice.

Security: Information sent or received over the Internet is generally unsecure and Binaxity.com 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. Binaxity.com will not be liable for any loss or damage arising from your failure to comply with these requirements.

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 Binaxity.com. 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 Binaxity.com 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 Binaxity.com must be in writing and shall only apply to the specific instance identified in such writing. You may not assign the terms of use, or any rights or licenses granted hereunder, whether voluntarily, by operation of law, or otherwise without Binaxity.com’s prior written consent. These Terms of Use are governed by the laws of the Province of Ontario and the Federal Laws of Canada applicable therein, without regard to conflicts of laws provisions. In the event of any dispute or proceeding the parties hereby agree to attorn to the exclusive jurisdiction of the Courts of the Province of Ontario, in the city of Toronto Ontario.

If you have any questions about these Terms or if you wish to make any complaint or claim with respect to the Binaxity.com App or Service, please contact us at: [email protected].

Promotional Offers: Binaxity.com, in conjunction with its commercial partners, affiliates, or other third parties as applicable, may offer to you through the Website certain promotional offers (each a “Promotional Offer”). The Promotional Offers are provided on an “as-available” basis by Us in our sole discretion and are subject to being discontinued without notice. The Promotional Offers are subject to your fulfillment and satisfaction of additional conditions as stipulated by the applicable commercial partner, affiliate, or other third party with whom the Promotional Offer is offered in conjunction with. For the avoidance of doubt, each Promotional Offer is subject to its individual terms and conditions, as made available by Us through the Website, including here (Specific Promotional Offers). In the event that any clause in the individual terms and conditions of a Promotional Offer contradicts these Terms of Use, the terms of those individual terms and conditions shall prevail to the extent that they apply to the Promotional Offer. Notwithstanding the foregoing, Binaxity.com expressly disclaims any direct, indirect, incidental, special, consequential, exemplary or other damages whatsoever relating to the provision of the Promotional Offers to you, including, without limitation, any damages that result from (i) the revocation of the Promotional Offer without notice, (ii) your interaction with Binaxity.com’s commercial partners, affiliates, or other third parties with whom the offer is provided in conjunction with, and (iii) your use of the Promotional offer. This disclaimer of liability shall apply even if Binaxity.com has been advised of the possibility of such damages.