These Terms and Conditions are a legal agreement between you (“User,” “You” or “Your”) and SNAP Financial Group Inc. (“SNAP Home Finance”, “We,” “Our” or “Us”) which shall include, without limitation, any of Our assignees, authorized representatives, independent contractors, designees, or agents. In order to use our electronic payment service (the “Service”), you must agree to these Terms and Conditions.
ACCESSING YOUR ACCOUNT
You may access the Services and Your Account to check balances, view payment history, retrieve and review periodic statements and to make loan payments through automatic pre-authorized payments and to make one-time payments.
To access the Service, you must have a User Account and the required hardware and software. During your first session using the Service, You will be required to create a unique User ID and Password. You must not allow any other person to use your User ID or Password. You will generally be able to access your Accounts seven days a week, 24 hours a day, except during maintenance periods.
YOUR AUTHORIZATION FOR PAYMENTS
With the authorization You provide through Your use of this website (“Authorization”), you authorize us to debit your selected bank account or credit card account, as applicable, on the dates and in the amounts set out in each payment instruction you provide using the Service. If a payment is not processed or is returned unpaid for any reason, you authorize us to charge to any of your credit cards identified in any agreement between Us and You. You acknowledge that this authorization is provided for the benefit of us and the Financial Institution where your account is located and is provided in consideration of the Financial Institution agreeing to process debits against your account in accordance with the Rules of the Canadian Payments Association. You warrant and guarantee that all persons whose signatures are required to sign on the account have agreed to these Terms and Conditions and to the payment instructions. You acknowledge that (i) giving us this authorization is the same as delivering a notice to your Financial Institution, and (ii) the Financial Institution is not responsible for verifying that any debit is made in accordance with this authorization’s terms. You have certain recourse rights if any debit does not comply with this Agreement, such as the right to receive reimbursement for any pre-authorized debit that is not authorized or is not consistent with this agreement. To obtain more information on your rights, you may contact your Financial Institution or visit www.cdnpay.ca. You consent to our disclosure of your bank and credit card account information to our bank.
YOUR RESPONSIBILITY UNDER THESE TERMS AND CONDITIONS
You agree to provide accurate information to Us in use of the Service and to abide by the terms and conditions of this Agreement.
Prevent Misuse and Protect Your Account Information. You agree that You will protect Your personal information, including Your Account numbers, passwords, payment information (“Confidential Information”). You agree that You will notify Us as quickly as possible if You believe someone has gained unauthorized access to Your Confidential Information. We recommend that you never access online or mobile Services using public Wi-Fi networks or otherwise insecure internet connections. We urge You to use a Pin/Password on Your personal device that You use to access the Service (“Access Device”) and only download applications/updates/patches from reputable providers. We also urge You to install firewall, anti-virus, anti-spyware, and anti-malware software on your Access Devices (as applicable) and keep them current. We urge You not to share your Password with anyone and We will never ask You for Your Password. We recommend that You change Your Password occasionally.
Payment Cancellation. You may not cancel a Payment once Your bank card or credit card has been charged or Your account at a financial institution has been debited.
Contact Information. It is important that You maintain current contact information, which includes a valid email address so that We may contact You regarding Your account. You agree to maintain a valid email address and promptly notify Us of any changes to Your email address. You may update Your email address during the application process or by contacting us at [email protected], 1.866.475.9184, or SNAP Home Finance 1 Toronto St Suite 1010 Toronto, ON M5C 2V6 or you may notify us by using the designated email address feature at Our website at www.snap4home.com. Your change of designated email address will be effective as of the end of the following Business Day. Do not send credit or debit card information or payment instructions to Us via email.
Indemnification. Except to the extent that We are liable under the terms of this Agreement or an agreement that otherwise governs Your Account, if You are an owner and/or User of an Account accessed through the Service, You agree to indemnify and hold Us, Our directors, officers, employees and agents harmless from all loss, liability, claims, demands, judgments and expenses arising out of or in any way connected with Your Account or Payment. This indemnification is provided without regard to whether Our claim for indemnification is due to the use of the Service is by You or another authorized User.
Identity Verification. You authorize us to make any inquiries we consider necessary to verify your identity. This may include asking you for further information, such as your date of birth, or other identifying information, requiring you to provide copies of identifying documents, or taking steps to require you to confirm your email address. We reserve the right to disable your access to the Service if we are unable to verify your identity.
OUR RESPONSIBILITY UNDER THESE TERMS AND CONDITIONS
We agree to follow the terms and conditions of this Agreement and to notify You of any changes thereof, as required by applicable law. We will only use the information You provide to Us to facilitate Your use of the Service. We reserve the right to disclose any Confidential Information as necessary to satisfy any law, regulation, or government request, or to protect Our rights.
Security. We will employ commercially reasonable methods to ensure the security of the information You provide to Us and the information We collect. Email is not a secure medium for communication, and so We will not request Confidential Information from You via Email.
Notice. We reserve the right, in Our sole discretion, to discontinue the provision of Services or to terminate or change these terms and conditions on which We provide the Service. We will provide You with notice of any such termination or change as required by law.
EXCLUSIONS OF WARRANTIES AND LIMITATION OF LIABILITY
To the extent permitted by law, SNAP Home Finance provides the Services without warranty. SNAP Home Finance hereby disclaims all representations or warranties of any kind, express or implied, written or oral, including, but not limited to, any warranty of merchantability, suitability, fitness for a particular purpose, non-infringement, security or any warranty that availability or operation of the services will be uninterrupted or error free. SNAP Home Finance does not warrant the provision of adequate technical support.
THE SERVICES ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SNAP HOME FINANCE CANNOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO ANY ONLINE SERVICE, AND OPERATION OF THE SERVICES MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL.
You acknowledge and agree that any security or technical guidance or advice provided by SNAP Home Finance, directly or indirectly, relating to Your use the Services or your access to Your electronic records, shall not serve as a warranty of any kind, express or implied, of the security of the Services; or your use of the Services. You acknowledge and agree that you are solely and fully responsible for any losses or damages resulting from use of SNAP Home Finance’s Services.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SNAP HOME FINANCE OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.