Proud Canadian Company

Terms of Service

Overview

Nesto is provided by Nesto Inc, Ontario Mortgage Brokerage licence number 13044

Link to French version

[Date last updated: August 8th, 2023]

Version 2.0

  1. Acceptance of the Terms of Service

These website Terms of Service and conditions of use (“Terms”) for nesto.ca constitute a legal agreement and are entered into by and between you and nesto Inc. (“nesto,” “we,” “us,” “our”). The following Terms, together with our Privacy Policy, govern your access to and use of nesto’s website (“Site”) and any services rendered or made available through the Site, including to your interactions with us in the course of your use thereof whether by phone, email, online chat or otherwise. Together, the Site and any services rendered or made available through the Site will be referred to as the “Services”. These Terms do not extend to websites, mobile applications or other services of third parties. We are therefore not liable for their privacy policies, procedures and practices. 

BY USING THE SITE, YOU ACCEPT AND AGREE TO BE BOUND AND COMPLY WITH THESE TERMS AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS OR THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE THE SITE.

You represent and warrant that you are over the age of 18. We do not allow individuals under the age of 18 to use our Services. If you are a minor, please refrain from using our Services.

  1. Changes to these Terms

Please revisit this page periodically to stay aware of any changes to these Terms, which we may update from time to time. If we modify these Terms, we will make them available through the Site, indicate the date of the latest version, and comply with applicable laws. Your continued use of the Services after the revised Terms have become effective indicates that you have read, understood and agreed to the current version of the Terms. If you disagree with any changes made to the Terms, please cease to use the Services. Additionally, if you restart using the Services, you are considered to have accepted the Terms then in effect. 

For clarity, the termination of these Terms pursuant to your decision to stop using the Site 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 nesto such as those related to financial products or services.

  1. nesto’s Role in Providing the Services

To get the most out of the Services, it is important to understand our role in providing the Services.

When we provide information about mortgages or other financial products or services that are not tagged or identified as being offered by nesto, including approval criteria and interest rates related thereto (collectively, the “Third-Party Services”), we are an information organizer and aggregator. We do not directly generate any of the information about Third-Party Services you see on the Site, and instead this information is provided to us by third parties (generally financial institutions). This information may be inaccurate or incomplete through no fault of ours (for example, because the financial institution has changed its interest rate but has not yet told us about the change). When this happens, your ability to use the Services may be compromised through no fault of ours, and we cannot accept any responsibility for any problems or damages which might occur in relation with such Third-Party Services. 

The Site is not a substitute for actual legal, investment or professional advice from a licensed competent individual in their field of expertise. The information and services offered on this Site is provided with the understanding that nesto is not providing legal or other professional services or advice. Your use of the Site is subject to the additional disclaimers and caveats that may appear throughout the Site.

If you decide to conclude or obtain a Service through the Site, your conclusion of a mortgage, transaction or financial product is not governed by these Terms and will be the subject of a separate contract with nesto, to the extent such products are identified or tagged as being offered by nesto. Similarly, these Terms do not govern any Third-Party Services, which are the subject of distinct contracts with the concerned third-party financial institution and may also be the subject of an additional contract with us. 

  1. Accounts

You will be required to create an account in order to use the Services. You are limited to a single account, and cannot create multiple accounts, either under your own name or the names of others. You must use current and accurate information to create your account. When you upload documents or other information to your Account as part of the Services, you warrant that: (i) the copy uploaded is a true and accurate copy of the original document, (ii) the original document from which the copy/scan was made is authentic and valid; (iii) the documents do not create a misleading impression of your financial and other circumstances, whether by omission or otherwise; (iv) you do not knowingly upload inaccurate, outdated, or incomplete documents; (v) you do not knowingly upload documents which contain illegal or infringing content, or which you do not have the right to use and copy.

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. You agree that you are responsible for the confidentiality of your account credentials, and for any activity resulting from the use of your account. You agree to make reasonable efforts to prevent unauthorized access to, or use of our Services. You may not share your account and password, allow third parties to use your account nor assist anyone who is not a registered user to gain access to the Services. You agree to notify us if you become aware of any unauthorized use of your login credentials and to change your password immediately using the built-in functionalities made available to you. If you forget your password, you are responsible for obtaining a new password by following the “reset password” instructions.

Information between accounts may be shared when those accounts are both involved in the same transaction. For example, if you and your spouse wish to co-purchase a home together, you may act as a main applicant and add your spouse to the application as a co-applicant. In those situations, you (acting as the main applicant): (i) are responsible for adding the co-applicant’s details and documents to the co-application; and (ii) represent and warrant that a valid consent has been obtained from the concerned co-applicant for nesto to collect and process their information in compliance with applicable privacy law and as set forth in our Privacy Policy. 

We reserve the right at any time and from time to time, to disable or terminate your account, any username, password, or other identifier, whether chosen by you or provided by us, in our sole discretion for any or no reason, including any violation of any provision of these Terms.

  1. Conditions of Use

As a condition of your access and use of the Site, you agree that you may use the Site only for lawful purposes and in accordance with these Terms. 

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

  1. 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 publish 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 and our Privacy Policy;
  2. include any Site content in or with any product or service that you or others affiliated or related to you put out, copy any Site content onto your own or any other website or application or “mirror” any content of the Site on any other server;
  3. use the Site in any manner that could damage, disable, overburden, impair, interfere with the security of, negatively affect the functioning of, or otherwise abuse, the Site’s system resources, accounts, servers, networks, affiliated or linked sites, connected to or accessible through the Site (including uploading, posting or otherwise transmitting to the Site computer viruses, Trojan horses, worms or other files or computer programs which are potentially harmful, disruptive or destructive or that may impose an unreasonable or disproportionately large load on the Site’s infrastructure; or using any robot, spider or other automatic program or device, or manual process to monitor, copy, summarize, or otherwise extract information from the Site or the Content in whole or in part; or using the Site or its content in any data matching or data mining, including the collection or use of information about other users or distributors such as their e-mail addresses without their consent; or otherwise circumventing or breaching any user authentication, password, security or control measures regarding the Site or any other internet resource or computer system);
  4. use the Site or its content in any manner 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 legally prohibited ground or be otherwise objectionable, such determination to be made in nesto’s sole discretion;
  5. use the Site in any manner that may dilute or depreciate the name and reputation of nesto, any Marks (as defined herein), partners, licensors, content providers, service providers or contractors thereof, as applicable; 
  6. interfere with any other persons’ use and enjoyment of the Site or of the Internet generally; 
  7. conceal or misrepresent the author or origin of any messages or communication, or impersonate any person, or falsely state or otherwise misrepresent an affiliation with any other person, including any nesto Representative;
  8. disclose images of any person or private information about any person (such as names, telephone numbers, e-mail addresses, postal addresses, social insurance or other security number) without that person’s permission; and
  9. post or submit any materials to the Site which would violate any of the restrictions set out in the Terms.
  1. Communications

If we have your consent to do so in accordance with applicable law, whether implied or explicit, you may be contacted by nesto, its identified partners or their respective representatives by telephone (on a recorded line), automated calling, pre-recorded calling, text message, email, fax, telephone or any means, but you may opt-out from such communications at any time. 

In the event you no longer want to receive communications from nesto or its partners, you can opt-out by clicking or typing (as the case may be) the unsubscribe mechanism provided in the course of written communications, or by telling us that you do not want to be called again, in the case of verbal communications. We will attempt to address your request immediately, but it may take up to 10 days for us to process an opt-out request. Please note that we may still need to contact you for legitimate business reasons such as servicing of your loan or other non-marketing purposes.

  1. Privacy and Confidentiality

We respect your privacy. For more information on how we collect, use, and disclose personal information, please see our Privacy Policy.

When you use our Services, you may have access to confidential information about nesto or other entities, such as the financials, strategic and business information. Confidential information is any information which should be confidential in nature, and which is not publicly available. You may not use or disclose such confidential information except for the purposes of you using the Services.

  1. Intellectual Property

“Intellectual Property” means any and all proprietary rights provided under patent law, copyright law (registered and unregistered copyrights and unpublished work of authorship), trademark law, design patents or industrial design law, or any other common law principle applicable to the protection of intangible proprietary information or rights, including trade secret law or know-how generally, or the expression or use of such ideas, and any rights or claims in the foregoing. 

You agree and acknowledge that the Services are nesto’s Intellectual Property, and the content may be protected by copyright owned by nesto or its licensors. You may not copy the content of our Services or use our trademarks without our written authorization. More specifically, certain names, words, titles, phrases, logos, icons, graphics or designs in the Site, including without limitation nesto and the nesto logo, constitute trade-marks, trade-names, trade dress and/or associated products and services of nesto, its partners, any licensor, content provider, service provider or contractor of  nesto or any other third party (collectively the “Brands”) and may be protected in Canada or elsewhere and their display on the Site does not convey or create any licence or other rights in the Brands. Any use of any of the Brands, in whole or in part, that are accessible via the Site without prior written authorization of nesto or such third party is strictly prohibited. You may not register domain names that correspond to the Brands.

You may make suggestions, enhancement requests, recommendations or other feedback regarding the Services (“Feedback”). However, if you do so, you agree and understand that we own all rights (including moral rights), titles and interests to the Feedback. You hereby assign to us, without limitation of any kind, all rights, titles and interests therein, and we hereby accept such assignment.

  1. Links to Other Websites and Advertising

For your convenience, this Site may provide links or pointers to other sites not operated by nesto (“Third Party Sites”). We make no representations about any other sites that may be accessed from this Site. 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.

  1. 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. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

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.

  1. Limitation of Liability

WITH THE EXCEPTION OF INTENTIONAL WRONGDOING OR GROSS NEGLIGENCE, WE SHALL NOT BE LIABLE FOR ANY DAMAGES CAUSED BY OR RELATED TO 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. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

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.

  1. Indemnification

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless nesto, its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable legal fees) arising out of or relating to your breach of these Terms or your use of the Site.

  1. Termination

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 conditions of use in section 5 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. 

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.

  1. Miscellaneous
  1. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Province of Quebec and the federal laws of Canada applicable therein. The International Sales Conventions Act, RSO 1990, c I.10 or any similar legislation, does not apply to these Terms. 

  1. Choice of Forum

Any action or proceeding arising out of or relating to this Site and under these Terms will be instituted in the courts of the Province of Quebec and/or the Federal Court of Canada, 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.

  1. 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 or with third parties.

  1. Severability 

If any term or provision of these Terms is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of these Terms or invalidate or render unenforceable such term or provision in any other jurisdiction.

  1. Waiver

No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from these Terms operates, or may be construed, as a waiver thereof; and no single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

  1. Cumulative Remedies

The rights and remedies under these Terms are cumulative and are in addition to and not in

substitution for any other rights and remedies available at law or otherwise.

  1. Assignment

You may not assign any of your rights arising under these Terms without our written consent. 

  1. Survival

Sections 6, 7, 8, 10, 11, 12 and 14 will survive the termination of these Terms regardless of reason, and shall continue to bind both you and us.

  1. Status of the Parties

These Terms do not create any relationship of employment, partnership, agency/mandate, trust, franchise, or joint venture. 

  1. Amendments

These Terms can only be amended or suspended by following the procedure set out in section 2, above. 

  1. Contact

General inquiries may be sent to the following coordinates:

nesto Inc.
2200 Stanley Street
Montreal Québec
H3A 1R6

Email: legal@nesto.ca