Terms and Conditions

 

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE AS THEY CONTAIN THE LEGAL TERMS THAT GOVERN YOUR USE OF COMPARASAVE.COM (the “WEBSITE”).

 

Access to and use of the Website is subject to ComparaSave’s Privacy Policy and the terms and conditions set out below (collectively, the “Terms and Conditions”). If you do not agree with these Terms and Conditions, please do not access or use the Website.  We reserve the right to change these Terms and Conditions from time to time by updating this posting. Please check the Terms and Conditions periodically for changes. Your continued use of the Website following the posting of these Terms and Conditions will mean you accept those changes.

Restrictions on Use of Materials

 

The Website and its contents are the property of ComparaSave.com, a division of Insurance Hotline (“ComparaSave”) or its licensors and are protected, without limitation, pursuant to Canadian and foreign copyright and trademark laws.

 

Reproduction, duplication, or distribution of the Website and/or all or any part of its contents for anything other than your personal, non-commercial use is a violation not only of these Terms and Conditions but also of copyright and trademark laws (unless you have written permission from ComparaSave). The content on the Website is made available to you for non-commercial, personal, or educational purposes only. The content may not be modified in any manner and the intellectual property notice must be included on every display and copy of the content. No other use is permitted. Nothing contained herein shall be construed as conferring any right under any copyright of ComparaSave or any other person who owns the copyright in the content provided on the Website.

 

All trademarks and trade names are trademarks or registered trademarks of ComparaSave or its affiliated companies or are the trademarks of their respective owners. The display of trademarks or trade names on the Website does not convey or create any license or other rights in these marks or names. Any unauthorized use of these trademarks and trade names is strictly prohibited.

Jurisdiction and Governing Law

 

The Website is controlled and operated by ComparaSave. Its offices are located in Ontario, Canada. If you choose to access the Website from another location, you are responsible for compliance with local laws, if and to the extent local laws are applicable.

 

These Terms and Conditions shall be governed by and construed in accordance with the laws of Ontario, Canada, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or in connection with these Terms and Conditions or the Website shall be filed only in the provincial or federal courts located in Ontario, Canada and hereby submit to the nonexclusive jurisdiction of such courts. You also agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.

 

Except where prohibited by applicable law, you agree to waive any right you may have to commence or participate in any class action against us related to any claim and, where applicable, you also agree to opt out of any class proceedings against us.

DISCLAIMERS

 

YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE ON AN “AS IS” BASIS ENTIRELY AT YOUR RISK.

 

NO REPRESENTATIONS, CONDITIONS, WARRANTEES OR GUARANTEES ARE EXPRESSED OR CAN BE IMPLIED REGARDING THE WEBSITE OR ITS USE, INCLUDING WITHOUT LIMITATION ANY REPRESENTATIONS, CONDITIONS, WARRANTEES OR GUARANTEES AS TO DESCRIPTION, CONDITIONS, FITNESS FOR PURPOSE, QUALITY, QUANTITY OR MERCHANTABILITY OR AS TO ANY OTHER MATTER WHATSOEVER. YOU EXPRESSLY WAIVE ALL SUCH EXPRESS OR IMPLIED REPRESENTATIONS, CONDITIONS, WARRANTIES AND GUARANTEES.

 

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COMPARASAVE MAKES NO REPRESENTATIONS, CONDITIONS, WARRANTIES OR GUARANTEES ABOUT THE ACCURACY, COMPLETENESS OR TIMELINESS OF ANY MATERIAL ON THE WEBSITE OR ABOUT CONTINUOUS OR SECURE ACCESS TO THE WEBSITE.

 

THE INFORMATION ON THE WEBSITE IS PROVIDED FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES ONLY AND SHOULD NOT BE INTERPRETED AS A RECOMMENDATION FOR A SPECIFIC PLAN, PRODUCT OR COURSE OF ACTION, AND SHOULD NOT BE INTERPRETED AS A REPRESENTATION OF ANY PARTICULAR SERVICE OR RATE THAT MIGHT BE OFFERED BY  A THIRD PARTY MERCHANT.

 

USE OF THIS Website AND THE SERVICES DOES NOT REPLACE CAREFUL REVIEW OF POLICIES OR CONSULTATIONS WITH QUALIFIED LEGAL, FINANCIAL OR OTHER RELEVANT PROFESSIONALS. YOU AGREE THAT ALL RISK ASSOCIATED WITH THE USE OF, OR RELIANCE ON, ANY OF THE INFORMATION ON THIS WEBSITE RESTS WITH YOU. YOU FURTHER AGREE THAT COMPARASAVE SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, IN ANY WAY FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF, OR IN CONNECTION WITH YOUR USE OF, OR RELIANCE ON, ANY INFORMATION CONTAINED ON THE WEBSITE.

 

NEITHER COMPARASAVE NOR OUR AFFILIATES NOR THEIR RESPECTIVE EMPLOYEES, DIRECTORS, SHAREHOLDERS, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS, IF ANY, WILL BE LIABLE FOR DAMAGES OF ANY KIND ARISING OUT OF OR FROM THE USE OF THE WEBSITE. THIS LIMITATION SHALL APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND OR ACTION, INCLUDING BUT NOT LIMITED TO, BREACH OF CONTRACT, NEGLIGENCE, TORT OR ANY OTHER LEGAL THEORY AND SURVIVE A FUNDAMENTAL BREACH OR BREACHES OR FAILURE OF THE ESSENTIAL PURPOSE OF THIS AGREEMENT, OR ANY REMEDY CONTAINED IN THIS AGREEMENT.

 

IN NO EVENT SHALL THE FOREGOING BE LIABLE FOR INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR EXEMPLARY LOSSES, DAMAGE OR EXPENSES (INCLUDING BUT NOT LIMITED TO BUSINESS INTERRUPTION, LOSS OF PROFITS, LOST BUSINESS, OR LOST SAVINGS) EVEN IF THEY HAVE BEEN ADVISED OF THEIR POSSIBLE EXISTENCE.  THE ALLOCATIONS OF LIABILITY IN THIS AGREEMENT REPRESENT THE AGREED AND BARGAINED-FOR UNDERSTANDING OF YOU AND COMPARASAVE.

 

IF THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, THEN SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MIGHT NOT APPLY TO YOU.

Use of the Website

 

The Information on the Website is for informational purposes only and is not intended to provide specific insurance, financial, investment, tax, legal, accounting or other advice to you, and should not be acted or relied upon in that regard without seeking the advice of a professional. Your advisor can help to ensure that your own circumstances have been properly considered and any action is taken and is based on the latest available information.

 

In particular, mortgage rate and product or service information on the Website is provided by CANNEX Financial Exchanges Limited or individual providers. Please be aware that the information and descriptions of products and services on this Website may not represent the complete descriptions of all the features and terms and conditions of those products and services. These products and services are not provided by ComparaSave but are instead provided by third parties over whom we do not have control. It is your responsibility to satisfy yourself that you wish to obtain any product or service before doing so.

Registration

 

In order to be able to post comments on the Website, you may be required to register.  Should you choose to register, you agree to provide accurate and current information about yourself as required by the registration process, and to promptly update such information as necessary to ensure that it is kept accurate and complete. You agree to be responsible for: (a) maintaining the confidentiality of any passwords or other account identifiers which you choose or are assigned as a result of any registration on the Website, and (b) all activities that occur under such password or account. Further, you agree to notify ComparaSave of any unauthorized use of your password or account. If you provide any information that is untrue or inaccurate, we have the right to suspend or terminate your account.

User Conduct, Indemnification and Licence Granted

 

Postings created by users on any part of the Website, including but not limited to its comment forums, (“Postings”) are the responsibility of the user creating the Postings. COMPARASAVE HAS NO RESPONSIBILITY FOR POSTINGS. However, ComparaSave retains the right, which it may or may not exercise, in its sole discretion, to review, edit, refuse or delete any Postings for any reason whatsoever.  ComparaSave will not be liable to you or any third-party for any modification or discontinuance of your Postings.

 

You acknowledge and agree that ComparaSave may preserve Postings and may also disclose any information as necessary to satisfy any law, regulation or governmental request, comply with legal process, enforce these Terms and Conditions or to protect itself, its users and/or the public.

 

You hereby represent and warrant that you have all necessary rights in and to all Postings you provide and that such Postings shall not infringe any proprietary or other rights of third parties or contain any libellous, tortious, or otherwise unlawful information.  Without limiting the generality of the foregoing, you agree not to:

 

  • Infringe any proprietary or other rights of third parties, including any copyright, trademark, patents, trade secrets, privacy or other proprietary or property right;
  • Contain any libelous, tortious or otherwise unlawful information;
  • Defame, abuse, stalk, harass, threaten or otherwise violate the legal rights of others, including, without limitation, rights relating to privacy and publicity;
  • Are inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful;
  • Denigrate a class of people because of their race, religion, country of origin, sexual orientation or gender;
  • Depict violent or criminal acts, or seek to incite violence or crime;
  • Relate or pertain to any “hate group,” for example, groups that are organized in part to promote the oppression of or assert the supremacy of any class of people;
  • Include a photograph of another person or personal information of another person or use that person’s correspondence, diaries or personal documents without that person’s consent;
  • Post, transmit, link to, or otherwise distribute any Postings that involve or promote commercial activities or seek solicitations on behalf of charities or donations of any kind, including but not limited to, promoting any contests, sweepstakes, barter, advertising or franchise, pyramid scheme, multi-level marketing opportunity, “club membership”, distributorship or sales representative agency arrangement or other business opportunity.
  • Further or promote any criminal activity or enterprise or provide instructional information about illegal activities including, but not limited to, making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
  • Could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law.

YOU AGREE TO INDEMNIFY AND HOLD HARMLESS EACH OF COMPARASAVE, ITS PARENT, AFFILIATES, AND RELATED COMPANIES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS OR DEMANDS, INCLUDING WITHOUT LIMITATION REASONABLE LEGAL AND ACCOUNTING FEES RESULTING FROM OR RELATED TO ANY BREACH OF THESE TERMS AND CONDITIONS, YOUR ACCESS TO OR USE OF THE WEBSITE OR YOUR USE OF OR RELIANCE ON OR PUBLICATION, COMMUNICATION OR DISTRIBUTION OF ANYTHING FROM THE WEBSITE. You shall use your best efforts to cooperate with us in the defence of any claim. We reserve the right, at our own expense, to assume the exclusive control of any matter otherwise subject to indemnification by you.

 

By contributing Postings to the Website, you give (or warrant that the owner of such rights has expressly given) to ComparaSave and its affiliates a worldwide, royalty-free, perpetual, irrevocable and nonexclusive right and license to use, reproduce, modify, edit, adapt, publish, translate, broadcast, create derivative works from, distribute, perform, display and publicize such content anywhere, for any purpose and in any form, media or technology now known or later developed, without any compensation to you. In addition, you acknowledge and agree that you have waived any moral rights in your Postings. You further agree that ComparaSave is free to use any ideas, concepts, know-how, or techniques contained in any of the Postings for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information, without compensation to you.

Termination of Access

 

You agree that ComparaSave, in its sole discretion, may suspend or terminate your password, account, or use of the Website and remove and discard any Postings at its convenience or for any reason. You agree that any suspension and/or termination of your access to the Website may be effected without prior notice and that ComparaSave will not be liable to you or to any other person as a result of any such suspension or termination.

Links to Third Party Sites

 

You may, through hypertext, advertisements or other computer “links,” gain access to other websites which are not part of the Website and which are not controlled by ComparaSave. ComparaSave is providing these links to you only as a convenience, and the inclusion of a link does not imply endorsement by ComparaSave of the particular website. COMPARASAVE ASSUMES NO RESPONSIBILITY FOR ANY MATERIAL OR WEBSITE OUTSIDE OF THE COMPARASAVE.COM WEBSITE, WHICH MAY BE ACCESSED THROUGH ANY SUCH LINK ON THE COMPARASAVE.COM WEBSITE.

 

Unless otherwise indicated on the Website, ComparaSave is not sponsored by or affiliated with the linked sites, and trademarks used in connection with linked websites are not trademarks of ComparaSave.

INDEMNITY

 

YOU AGREE TO HOLD HARMLESS AND INDEMNIFY COMPARASAVE, OUR AGENTS, AFFILIATES, PARTNERS, SUCCESSORS OR ASSIGNS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS AND EMPLOYEES (EACH AN “INDEMNIFIED PARTY”), FROM AND AGAINST ANY LOSSES, DAMAGES, EXPENSES, FINES, MONETARY PENALTIES, LIABILITIES (WHETHER ACCRUED, ACTUAL, CONTINGENT, LATENT OR OTHERWISE), CLAIMS AND DEMANDS OF ANY NATURE OR KIND INCLUDING ANY INTEREST AND ALL LEGAL FEES AND COSTS ON A SUBSTANTIAL INDEMNITY BASIS, AND INCLUDING WITHOUT LIMITATION ANY CLAIMS FOR LOSS OF REVENUE, EXPECTED PROFITS OR EXPECTED SAVINGS, OR ANY OTHER COMMERCIAL, ECONOMIC, GENERAL, SPECIFIC, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY LOSSES OR DAMAGES (EACH A “CLAIM”) WHICH AN INDEMNIFIED PARTY MAY SUFFER OR INCUR BY REASON OF ANY BREACH OR ALLEGATION OF BREACH OF ANY WARRANTY, REPRESENTATION OR AGREEMENT MADE BY YOU UNDER THIS AGREEMENT, BY REASON OF YOUR USE OF THE WEBSITE OR BY REASON OF A FAILURE BY YOU TO COMPLY WITH ALL APPLICABLE LAWS.

Security

 

You acknowledge and confirm that the Internet is not a secure medium where privacy can be ensured, and that complete security and confidentiality over the Internet is not possible at this time. Your confidential use of the Website cannot be guaranteed and you acknowledge that your use of the Website (including information you transmit to the Website) may be subject to access by, or disclosure to, other persons. Without limiting any other disclaimer herein, ComparaSave shall not be responsible or liable for any harm that you or any other person may suffer in connection with any such breach of confidentiality or security.