Terms & Conditions

 

 

Terms of Use

 

 

Introduction

Haventree Bank (also referred to as “we”, “us” or “our”) provides materials on its websites and mobile app operated by Haventree Bank (collectively, the “Sites”), which may contain certain Content (as defined below).  By accessing the Sites or using any Content, you agree to be bound by and comply with these Terms of Use (“Terms of Use”) and any terms, conditions, legal notices and disclaimers on the Sites (“Additional Terms”). If you do not agree to these Terms of Use, please do not access the Sites or download any Content.  By accessing any of the Sites, you represent and warrant to us that you are of the age of majority in your jurisdiction of residence.

All products and services of Haventree Bank that are described, made available or provided on the Sites may be changed or terminated at any time without notice and are subject to the terms and conditions of the applicable agreements governing such products and services, in addition to the Terms of Use and the Additional Terms.

General Disclaimers

Haventree Bank intends for the Content on the Sites to be accurate and reliable; however, since the Content has been compiled by Haventree Bank from a variety of sources, it is provided to you “as is” and “as available”. Content on the Site is provided to you as a convenience only and is not intended to provide financial, legal, accounting or tax advice and must not be relied upon for those purposes.  For clarity, Haventree Bank does not represent, warrant or guarantee that the Content on the Sites is accurate, complete or current at all times.  Amounts posted on the Sites may not reflect all payments made, interest charges, applicable fees or other payment terms.  Rates and fees are subject to change at any time without notice and rates and fees posted on the Sites may not reflect the most recent changes.  Additional charges and fees apply to any payout of a loan or discharge of a mortgage.  If you wish to arrange for a discharge of your loan or mortgage, you must contact us to obtain an authorized payout or discharge statement that reflects the full amount required to payout your loan or discharge your mortgage.

The Content on the Sites as well as your access to such Content may be changed, modified, removed and/or terminated at any time without notice to you for any or no reason. Haventree Bank assumes no responsibility to you or any third party for any errors or omissions of any kind in the Content, the User Content (as defined below), the sites and disclaim all warranties and/or conditions, express or implied, as to the Content, the User Content, the sites, and to any matter relating to the sites, including, but not limited to, implied warranties and/or conditions of non-infringement, merchantability and fitness for a particular purpose.

Neither Haventree Bank nor any affiliates nor their respective directors, officers, employees, agents or service providers make any warranty, representation or endorsement with respect to the completeness, security, reliability, suitability, accuracy, currency or availability of the Sites, their Content, the User Content, any services or items found or attained through the Sites. Without limiting the foregoing, neither Haventree Bank nor any affiliates nor their respective directors, officers, employees, agents or service providers represents or warrants that the Sites, their Content, the User Content or any services or items found or attained through the Sites will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that the Sites or the servers that makes them available are free of viruses or other harmful components.

We cannot and do not guarantee or warrant that files or data available for downloading from the internet or the Sites will be free of viruses or other destructive code. You are solely and entirely responsible for your use of the Sites and your computer, internet and data security. To the fullest extent provided by law, neither Haventree Bank nor any affiliates nor their respective directors, officers, employees, agents or service providers will be liable for any loss or damage caused by denial-of-service attack, distributed denial-of-service attack, overloading, flooding, mailbombing or crashing, viruses, trojan horses, worms, logic bombs, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the Sites or any services or items found or attained through the Sites or to your downloading of any Content or User Content posted on or through the Sites, or on any website or other platform linked from or to the Sites.

In no event will Haventree Bank or its affiliates and their respective directors, officers, employees, agents, or service providers be liable for any damages whatsoever, including direct, indirect, special, incidental, consequential or punitive damages, under any legal theory of liability including contract, tort (including but not limited to negligence), arising out of or in connection with the use or performance of the Sites, or the Content, User Content or any other materials, information or documents available or referred to on the Sites or any other website you may access through the Sites, even if advised of the possibility of such damages.

Site Access, Account Set-Up and Security

Users are responsible for obtaining their own access to the Sites. Users are required to ensure that all persons who access the Sites through a user’s internet connection are aware of these Terms of Use and comply with them. Users are responsible for any security breaches or performance issues relating to their accessing or using the the Sites.

The Sites or certain areas of the Sites may require user registration. It is a condition of your use of the Sites that all the information you provide on the Sites is correct, current, and complete.

Your provision of registration information and any submission of User Content you make to the Sites through any functionality such as applications, chat rooms, e-mail, message boards, personal or interest group web pages, profiles, forums, bulletin boards and other such functions (collectively, “Interactive Functions”) constitutes your consent to all actions Haventree Bank may take with respect to such information consistent with its Privacy Statement.

Any user name, password, or any other piece of information chosen by you or provided to you as part of our security procedures, must be treated as confidential, and you must not disclose it to any other person or entity. You must exercise caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You understand and agree that should you be provided an account, your account is personal to you and you agree not to provide any other person with access to the Sites or portions of them using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you will logout from your account at the end of each session. You are responsible for any password misuse or any unauthorized access to any of the Sites using your access credentials.

We reserve the right to disable or terminate your account, any user name, password, or other identifier at any time and from time to time, in our sole discretion for any or no reason, including any violation of any provision of these Terms of Use.

You are prohibited from attempting to circumvent and from violating the security of this Sites including without limitation: (a) accessing Content and data that is not intended for you; (b) attempting to breach or breaching the security and/or authentication measures which are not authorized; (c) restrict disrupt or disable service to users, hosts, servers or networks; (d) illicitly reproducing TCP/IP packet headers; (e) disrupting network services and otherwise disrupting Haventree Bank’s ability to monitor the Sites; (f) use any robot, spider, or other automatic device, process, or means to access the Sites for any purpose, including monitoring or copying any of the material on the Sites; (g) introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (h) attack the Sites via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing or crashing; and (i) otherwise attempt to interfere with the proper working of the Sites.

Use of the Sites

You may only use the Sites for your personal and non-commercial use. You shall not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material or Content on any of the Sites, in any form or medium whatsoever except:

  • your computer and browser may temporarily store or cache copies of materials being accessed and viewed;
  • a reasonable number of copies of the Content may be printed or downloaded for personal use, only keeping any proprietary notices thereon, which may only be used for non-commercial and lawful personal use and not for further reproduction, publication, or distribution of any kind on any medium whatsoever; and
  • in the event social media features Linkedin, Facebook and Instagram are provided with respect to certain Content are on the Sites, you may take such actions as the Sites permit for such features.

Without limiting the foregoing, you warrant and agree that you shall not:

  • In any manner violate any applicable federal, provincial, local, or international law or regulation including, without limitation, any laws regarding the export of data or software, patent, trademark, trade secret, copyright, or other intellectual property, legal rights (including the rights of publicity and privacy of others) or upload to the Sites any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Statement.
  • Upload to any of the Sites any material that is exploitive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age or other such prohibited ground or that is otherwise objectionable;
  • Stalk, attempt to exploit any individual or harm minors in any way by exposing them to inappropriate Content or otherwise nor ask for personal information;
  • Involve, provide or contribute any false, inaccurate or misleading information;
  • Send or knowingly receive, upload, download, use, or reuse any material that does not comply with these Terms of Use;
  • Impersonate or attempt to impersonate Haventree Bank, its employees, another user, or any other person or entity (including, without limitation, by using email addresses, or screen names associated with any of the foregoing);
  • Transmit, or procure the sending of, any advertisements or promotions, commercial activities or sales, including without limitation any “spam”, “junk mail”, “chain letter”, contests, sweepstakes and other sales promotions, barter, or advertising or any other similar solicitation;
  • Engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Sites, or which, as determined by us, may harm Haventree Bank or users of the Sites or expose them to liability;
  • Cause annoyance, inconvenience, anxiety, embarrassment, or alarm to any other person in your use of the Sites;
  • Promote any illegal activity, or advocate, promote, or assist any unlawful act through your use of the Sites;
  • Give the impression that any communication from you originates from or are endorsed by Haventree Bank or any other person or entity; or
  • Encourage or enable any other individual to do any of the foregoing.

Engaging in prohibited conduct may subject you to civil liability and criminal prosecution under applicable laws and constitutes a breach of these Terms of Use.

SMS Terms & Conditions (Text Messaging):

  • To receive SMS messages from Haventree Bank, and to comply with Canadian Anti-Spam Legislation (CASL), either your consent must be provided in advance or we may rely on our existing business relationship with you to send these messages. For example, in your mortgage commitment there is a section to OPT-IN and JOIN the alerts program. You may OPT-OUT and unsubscribe from receiving SMS messages at any time.
  • The number of messages sent each month will vary depending on the frequency of alerts you have registered for.
  • For additional help, reply HELP to 53633 or email contact@haventreebank.com or call us at 855.272.0051.
  • To discontinue receiving SMS messages from Haventree Bank reply STOP to 53633 to unsubscribe and no longer receive SMS text messages.
  • SMS message & data rates may apply.
  • Haventree Bank respects your right to privacy. You can view our Privacy Statement here

User Content

The Sites may contain interactive functions allowing users submit, post, upload or otherwise make available to us certain information, literary works, works of authorship, content, ideas, concepts, text, images, graphics, designs, data, comments, feedback, suggestions, reviews and other materials (collectively, “User Content”) on or through the Sites. You acknowledge and agree that none of any such User Content will be subject to any confidentiality by Haventree Bank. By providing, submitting, posting, uploading or otherwise making any User Content available to us on or through the Sites, you hereby grant Haventree Bank a non-exclusive, worldwide, free, royalty-free, perpetual, irrevocable, sublicensable and transferable right and license to use, reproduce, display, publish, perform, modify, edit, adapt, distribute, disclose, communicate, and otherwise exploit any such User Content for any purpose and in any form or media, now existing or later devised, subject to our Privacy Statement. You represent, warrant and covenant that (i) you are solely responsible for all User Content that you submit, post, upload or otherwise make available to us; (ii) you own or possess all rights, permissions, consents, waivers and releases necessary to such User Content to grant Haventree Bank the rights to use, reproduce, display, publish, perform, modify, edit, adapt, distribute, disclose, communicate, and otherwise exploit such User Content in as provided under these Terms of Use; (iii) you will not submit, post, upload or otherwise make available to us any User Content that is harmful, fraudulent, deceptive, threatening, abusive, defamatory, obscene, libelous, vulgar or otherwise objectionable; and (iv) your User Content complies with applicable laws, these Terms of Use and does not infringe upon or violate the intellectual property, privacy, proprietary or other rights of any third party.  You hereby waive all moral rights and other similar rights that you have or may in the future have in or to any of your User Content.

Haventree Bank does not guarantee the accuracy, quality or appropriateness of any User Content available or accessible on or through the Sites. You understand that all Content and User Content posted on, transmitted through or linked through the Sites are the sole responsibility of the person from whom the User Content originated. You agree that you must evaluate and make your own judgement, and bear all risks associated with, the use of any User Content. You further acknowledge and agree that Haventree Bank has no obligation to screen, preview, any User Content. By using the Sites, you agree that it is solely YOUR RESPONSIBILITY to evaluate your risks to bear associated with the use, accuracy, usefulness, completeness or appropriateness of any User Content that you receive, use, access, transmit, post, disseminate, rely on or otherwise convey or exploit on or through the Sites. Under no circumstances will Haventree Bank be liable in any way for any User Content, including, but not limited to, any User Content that contains any errors, omissions, defamatory statements, or confidential or private information (including, but not limited to, personal and health information) or for any loss or damage of any kind incurred as a result of the use of any User Content submitted, accessed, transmitted or otherwise conveyed through or in association with the Sites.

Site Monitoring and Enforcement, Suspension and Termination

Haventree Bank has the right, without provision of notice to:

  • Remove or refuse to post on the Sites any User Content for any or no reason in our sole discretion;
  • At all times, to take such actions with respect to any User Content deemed necessary or appropriate in our sole discretion, including without limitation, for violating the Sites’ Content standards or Terms of Use;
  • Take appropriate legal action, including without limitation, referral to law enforcement, regulatory authority or harmed party for any illegal or unauthorized use of the Sites. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Sites; and
  • Terminate or suspend your access to all or part of the Sites for any or no reason, including without limitation, any violation of these Terms of Use.

Mobile Use

If you are accessing the Sites and any services provided on the Sites using a mobile device, you acknowledge that you will not have access to all of the same services, features, functionality, Content or information through mobile (including, without limitation, messaging, notices, legal and privacy terms, statements, complete transaction and account information) and you must access the Sites through a technology other than a mobile device on a regular basis to access the services, features, functionality, Content and information of the Sites. Accessing the Sites and any services provided on the Sites may be restricted in locations outside of Canada. You are responsible for any fees imposed by a service provider in connection with your use of a mobile device to access the Sites.

Intellectual Property

All information, documents, materials, and content available on or through the Sites, including but not limited, to all text, photographs, images, illustrations, graphics, sound recordings, audio, videos, audiovisual works, literary property, works of authorship, software, designs, arrangements, layouts, code, calculations, figures, graphs, charts, systems and data (collectively, “Content”) is protected under applicable intellectual property and other laws. All Content and intellectual property rights in and to the Content are the property of Haventree Bank and its licensors or are is available on or through the Sites with the permission of the rights owner. All rights not expressly granted are reserved.

You may use or reproduce the information in the Content only for your own personal, commercial or educational use. The Content may not be otherwise used, reproduced, broadcast, published or retransmitted without the prior written permission of the copyright holder. You must abide by all copyright notices, information and restrictions contained in any Content on or accessed through the Sites and maintain such notices in the Content.

If you believe that any Content that resides or is accessible on or through any of the Sites infringes a copyright enforceable in Canada, please send a notice of copyright infringement containing the following information to Haventree Bank:

  • the claimant’s name and address and any other particulars that enable communication with the claimant;
  • identification of the work or other subject-matter to which the claimed infringement relates;
  • a statement of the claimant’s interest or right with respect to the copyright in the work or other subject-matter;
  • the location data for the electronic location to which the claimed infringement relates;
  • specification of the infringement that is claimed; and
  • specification of the date and time of the commission of the claimed infringement.

The notice may not contain any of the following:

  • an offer to settle the claimed infringement, including by way of hyperlink, to such an offer; or
  • a request or demand, made in relation to the claimed infringement, including by way of hyperlink, for payment or for personal information.

If a proper bona fide infringement notice is received by Haventree Bank, it is Haventree Bank’s policy to (i) remove or disable access to the infringing material; (ii) to notify the content provider, member or user that it has removed or disabled access to the material; and/or (iii) discipline repeat offenders in accordance with applicable laws, by removing and/or terminating the offender’s access to or use of the Sites, Content or User Content thereon. If the notice is non-compliant with the foregoing requirements, Haventree Bank is not obligated to pass the notice on to the alleged infringer and to otherwise preserve that person’s identity for subsequent enforcement proceedings.

Notice of claims of copyright infringement should be provided to Haventree Bank via email to privacyofficer@haventreebank.com or via mail to the following address: P.O. Box 1160 Stn TD, Toronto, ON M5K 1P2.

Trademarks

The trademarks, trade names, services marks, logos and all other indicators of source of any kind used or displayed on the Sites, including HAVENTREE BANK (the “Trademarks”) are registered and unregistered trademarks of Haventree Bank, its affiliates or its licensors. Nothing in these Terms of Use should be construed as granting any license to use or display any of the Trademarks without our express written permission or permission from the applicable trademark owner. Unauthorized use or display of any of the Trademarks is prohibited and may be a violation of domestic and foreign trademark laws. You acknowledge and agree that you do not acquire any rights, title or interest in or to the Trademarks using the Sites, or the Content and services available thereon.

Privacy and Confidential Information

The Privacy Statement of Haventree Bank is a binding part of these Terms of Use.  By providing any personal information through any of the Sites, you agree that Haventree Bank may collect, use and disclose such information as set out in its Privacy Statement.

Third Party Websites

For your convenience, the Sites may provide links or pointers to third party sites. We make no representations about any other websites that may be accessed from the Sites. If you choose to access any such sites, you do so at your own risk. We have no control over the contents of any such third-party sites and accept no responsibility for such sites or for any loss or damage that may arise from your use of them. You are subject to any terms and conditions of such third-party sites.

Such links to third party sites from the Sites, may include links to certain social media features that enable you to link or transmit on your own or using certain third-party websites, certain limited Content from the Sites. You may only use these features when they are provided by us and solely with respect to the Content identified. Such features and links to third party sites are subject to any additional terms and conditions we provide with respect to such features.

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. Our Sites must not be framed on any other site, nor may you create a link to any part of our Sites other than the homepage. We reserve the right to withdraw linking permission without notice.

Indemnity

You agree to defend, indemnify and hold Haventree Bank harmless from any and all liabilities, costs and expenses, including reasonable attorneys’ fees and disbursements, related to any violation of these Terms of Use by you or users of your account, or in connection with the use of the Sites, Content, User Content or the placement or transmission of any information or other materials on the Sites by you or users of your account.

Territory

We provide the Sites for use only by persons located in Canada. This site is not intended for use in any jurisdiction where its use is not permitted. If you access the site from outside Canada, you do so at your own risk and you are responsible for compliance with local laws of your jurisdiction.

Changes to these Terms of Use

We may make changes to these Terms of Use from time to time, for any reason, in our sole and absolute discretion. The most recent version of these Terms of Use will be posted at https://www.haventreebank.com and we recommend that you regularly review the most recent version of these Terms of Use. If the changes that we make include material changes that affect your rights and obligations, we will notify you in advance of the changes by reasonable means. You agree that these Terms of Use and your agreement to accept these Terms of Use supersedes any prior agreements and shall govern your entire relationship with Haventree Bank, including but not limited to events, agreements, and conduct preceding your acceptance of these Terms of Use. YOUR CONTINUED USE OF THE Sites AND/OR OUR SERVICES AFTER ANY SUCH POSTING (OR OTHER NOTIFICATION, IF ANY) MEANS THAT YOU ACCEPT AND AGREE TO BE BOUND BY THE AMENDED TERMS OF USE.

Miscellaneous

These Terms of Use, including the Privacy Statement and other documents referenced herein, constitute the Terms of Use and the entire agreement between Haventree Bank and you with respect to your use of the Sites. The failure by Haventree Bank to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right. If any provision of the Terms of Use is determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions hereof. These Terms of Use are governed exclusively by and construed in accordance with the laws of the Province of Ontario and federal laws of Canada applicable therein. Any action or proceeding arising out of or relating to the Sites and under these Terms of Use must be instituted in the courts of the Province of Ontario, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.

The parties have required that these Terms of Use and all related documents be drawn up in English. Les parties ont demandé que cette convention ainsi que tous les documents qui s’y rattachent soient rédigées en anglais.

Reporting and Contact

The Sites are operated by Haventree Bank located at 100 King Street West, Suite 4610, Toronto, ON M5K 1P2.

Should you become aware of misuse of the Sites, including libelous or defamatory conduct, you must report it to Haventree Bank at privacyofficer@haventreebank.com

All other feedback, comments, requests for technical support, and other communications relating to the Sites should be directed to: mortgageservicing@haventreebank.com

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