Overview of Terms of Services.
HVR Financial Inc has its Principal office based in Ontario and a Sub office in British Columbia. HVR Financial Inc is regulated by both FSRA and BCFSA and is licensed to carry out Mortgage Brokerage business in these respected jurisdictions. FSRA License #13148 and BCFSA
Version 1.0 posted and effective as of 2021-10-01
These terms of service (or “Terms” for short) are a legal contract between you and HVR Financial Inc. (HVR Financial Inc. will be referred to using “we”, “us”, and “our”). These terms govern your access to and use of HVR Financial Inc website (“Site”). Any services rendered or made available through the Site will be referred to as the “Services”.
Please read review our 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 commit to 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.
Changes to these Terms of services
We may amend any part of these Terms by adding, deleting, or varying their content. These amendments as it may be made required from time-to-time at our discretion.
The notice of the proposed amendment shall be placed by posting an amended version of these Terms of services with a new version number. 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. 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 HVR Financial Inc.
HVR Financial Inc involvement in Providing Services and in Related Transactions
To get the most out of the Services, it is important to understand our position in providing to you the Services.
When we provide information about mortgages to you the consumer, including approval criteria and interest rates, we are acting as an information organizer and aggregator. We do not directly generate any of the information, instead the information is provided to us by third parties (generally financial institutions and Mortgage Investment Corporations). This information may be inaccurate or incomplete through no fault of ours (for example, because the financial institution has changed its interest rate or policies, but has not yet told us about the change). When this happens, your ability to use our Services may be compromised through no fault of ours, and we cannot accept any responsibility for any problems or damages which might occur.
If you decide to conclude a mortgage service through HVR Financial Inc you will be dealing with third-party financial institutions. We do not ourselves offer mortgages or other financial products and services. Your conclusion of a mortgage or other transaction is not governed by these Terms and will be the subject of a separate contract with the financial institution. It may also be the subject of an additional contract with us.
Purchase of Mortgages Services Through HVR Financial
The Services are brokerage services only, which means that we, HVR Financial Inc, does not offer any mortgages ourselves. Should that change in the future the amendment to this policy shall reflect as such. Instead, we act as a mortgage broker. This means that we help you to find mortgages offered by third parties, to select a mortgage that you qualify for, and then we put you in touch with the third-party financial institution which offers that mortgage so that you can sign a contract with them. We also provide advice and facilitation services for which there is usually a fee charge of 2% of the funding amount.
In our role as a broker, we are helping both sides to the transaction. Just as we provide you with services and information, we also provide services and information to the financial institutions. Our role is not to favor the interests of either side, but instead to help both sides reach a win-win result.
The final decision about whether you qualify for a given mortgage will be made by the third-party financial institution, and we have no control over such decision.
Your mortgage (and any other financial products and services you purchase) will be subject to a separate contract with the third party, rather than these Terms of services. We, HVR Financial Inc are not a party to your contract with the third-party financial institutions. As such, we cannot accept any responsibility for problems arising from or related to these third-party contracts nor any third-party services (including websites or apps) which may be used in the process.
Use of the HVR Financial Inc web Site
HVR Financial Inc, gives you permission to download forms and utilize any calculators for the purpose of obtaining estimations about the costs related to your enquiry. Our role is to make the App/Site and App/Site-delivered Services reasonably available, and to provide mortgage brokerage services. As explained in the previous section, we cannot control or neither accept any responsibility for any other issues. We may update the web site from time to time in order to improve our services to the end user.
Acceptable Use Policy
HVR Financial Inc strives to provide full and complete transparency in our dealings with you as a user of our services. We in return expect the same level of respect and transparency. This principle is embodied in our acceptable use policy for the Services and should not be circumvented.
When uploading of providing documents or other information as part of the Services via email or via the web site, 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-UI 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 Site (v) automate access to the Services, including, without limitation, through the use of APIs, bots, scrapers or other similar devices; (vi) attempt to install the App or access the Services after having been banned by us.
When interacting with brokers or other employees (via the Services or otherwise) you must always maintain the same level of honesty and respect. You must not knowingly or recklessly mislead them about relevant facts, and must proactively provide all relevant information of which you are aware. Any misleading information will be treated as a willful intention to defraud and commit a criminal act.
Disclaimer of Warranties
HVR Financial Inc Services are NOT APPLICABLE TO QUEBEC CONSUMERS as the company does not plan to be registered in the Province as a Mortgage brokerage service provider.
WE HEREBY EXCLUDE ALL REPRESENTATIONS, CONDITIONS AND WARRANTIES REGARDING THE SITE AND THE SERVICES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE.
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 ARE NOT UNAVAILABLE FOR MANY REASONS IN THE PROVINCE OF QUEBEC.
If you use the Services for commercial or non-consumer purposes, you agree to indemnify and hold harmless HVR FINANCIAL INC and Its 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.
- 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 of Services if YOU violate the acceptable use of the policy and or otherwise conduct materially breach these Terms.
You may terminate these Terms without cause at any time by ceasing to use the Services. Additionally, the termination of these Terms can be by either party and 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.
- Governing law
These Terms are governed exclusively by the domestic laws of Ontario, British Columbia and the Federal Laws of Canada applicable therein. The International Sale of Goods Act, RSO 1990, c I.10 or any similar legislation, does not apply to these Terms.
- 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.
- 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 and British Columbia sitting in Toronto and Vancouver and or a respected jurisdiction once the out come has been reach by the respected Regulators.
- 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.
You may not assign any of your rights arising under these Terms without our written consent.
- Status of the Parties
These Terms do not create any relationship of employment, partnership, trust, franchise, or joint venture. As explained above, we are merely a Mortgage Brokerage Firm Regulated by FSRA in Ontario and BCFSA in British Columbia. We do not ourselves offer mortgage financing. However, we act as agents for you and not the financial institution. As agents we charge an administration fee for the services rendered which is generally paid by you the applicant by means of a Letter of Direction submitted to your lawyer at the time of closing. Unless otherwise stated in the contact or any other form of communication, the fee is built into the contract and can be or is part of the lender fees. You are directly contracting with us as an agency to provide mortgage services and obtain the best financing option and products that suite your needs and wants.
- Entire Agreement
NOT APPLICABLE TO QUEBEC CONSUMERS
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 / 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.
- Language to be used
You (The applicant) and us (HVR Financial Inc) agreed that these Terms of services and all other related documents that pertain to any Mortgage Brokerage services that are to be rendered to or in support of a mortgage application being submitted for the purpose of mortgage financing to the financing Institution are always to be drawn up in the English language only.
General inquiries may be sent to the following coordinates:
HVR Financial Inc
204-8920 Woodbine Avenue