KASPER USER AGREEMENT
TERMS AND CONDITIONS FOR USE OF KASPER / APP
LAST UPDATED JANUARY 30, 2016.
BY USING WWW.GETKASPER.COM (“KASPER”) OR THE KASPER MOBILE APP (“KASPER"), OPERATED BY NEUCOM TECH INC. ("NEUCOM", "WE", "US", OR "OUR"), YOU AGREE TO THE TERMS OF USE CONTAINED HEREIN. PLEASE READ THESE TERMS CAREFULLY.

UNLESS OTHERWISE NOTED, KASPER AS WELL AS THE CONTENT AND LAYOUT OF KASPER ARE THE EXCLUSIVE PROPERTY OF NEUCOM OR ARE USED WITH PERMISSION AND MAY NOT BE REPRODUCED OR DISTRIBUTED, IN WHOLE OR IN PART, WITHOUT THE PRIOR WRITTEN CONSENT OF NEUCOM.
  1. PRIVACY POLICY
    BY USING KASPER YOU ALSO AGREE TO THE TERMS AND CONDITIONS OF THE PRIVACY POLICY.
  2. VALIDITY OF RESULTS
    KASPER IS NOT A MORTGAGE BROKERAGE. THE CALCULATIONS, OPTIONS, RATES AND FEATURES PRESENTED ARE FOR INFORMATION PURPOSES ONLY AND ARE BASED ENTIRELY ON THE INFORMATION YOU'VE PROVIDED IN CONJUNCTION WITH THE RULES, GUIDELINES AND REGULATIONS AS SET FORTH BY THE MINISTRY OF FINANCE, INTERNAL LENDER GUIDELINES AND THE MORTGAGE DEFAULT INSURERS (CMHC, GENWORTH, CANADA GUARANTEE). MARKET CONDITIONS CHANGE FREQUENTLY AND THE INFORMATION PRESENTED MAY DIFFER FROM WHAT YOU MAY EXPERIENCE. RATES CAN VARY BASED ON THE DATE OF YOUR POSSESSION, WHETHER A PORTION OF YOUR DOWN PAYMENT IS BORROWED, AND A NUMBER OF OTHER FACTORS. MORTGAGE PRODUCTS AND RATES ARE SUBJECT TO CHANGE WITHOUT NOTICE. PRE-QUALIFICATION AMOUNTS THAT ARE PRESENTED ARE BASED ON A DEFINED SET OF ASSUMPTIONS REGARDING PROPERTY TAXES, CONDO FEES, AND MORE AND AS A RESULT MAY DIFFER FROM YOUR SITUATION.
  3. CHANGES TO, TERMS OF USE
    FROM TIME TO TIME WE MAY UPDATE, MODIFY OR COMPLETELY REPLACE THESE TERMS OF USE, WITHOUT PRIOR NOTICE TO YOU. WE MAY IN OUR DISCRETION PROVIDE YOU WITH NOTICE OF SUCH CHANGES, IF YOU HAVE PROVIDED US WITH RELEVANT CONTACT INFORMATION; HOWEVER, WE HAVE NO OBLIGATION TO PROVIDE SUCH NOTICE. AT ANY TIME WHEN YOU VISIT KASPER, YOU WILL BE SUBJECT TO THE TERMS OF USE THEN POSTED ON KASPER. YOU ARE THEREFORE RESPONSIBLE FOR CHECKING THE TERMS OF USE EACH TIME YOU VISIT KASPER.
    THESE TERMS OF USE DO NOT LIMIT OR REDUCE THE EFFECT OF THE SPECIFIC TERMS OF ANY OTHER AGREEMENT OR DOCUMENTATION, WHICH YOU ENTER (ELECTRONICALLY OR OTHERWISE) IN RELATION TO THE USE OF KASPER OR ANY PRODUCT OR SERVICE AVAILABLE ON KASPER. IN PARTICULAR, THE TERMS OF ANY SUCH AGREEMENT OR DOCUMENTATION WILL TAKE PRECEDENCE OVER THESE TERMS OF USE TO THE EXTENT OF ANY INCONSISTENCY AMONG THEM.
  4. TERM
    THESE TERMS OF USE, AND ANY POSTED REVISION OR MODIFICATION THERETO, SHALL REMAIN IN FULL FORCE AND EFFECT WHILE YOU USE OR ARE REGISTERED FOR KASPER. YOU MAY TERMINATE YOUR USE OF OR REGISTRATION TO KASPER AT ANY TIME, FOR ANY REASON, AND NEUCOM MAY TERMINATE YOUR USE OF OR REGISTRATION TO KASPER AT ANY TIME, FOR ANY OR NO REASON, WITH OR WITHOUT PRIOR NOTICE OR EXPLANATION, AND WITHOUT LIABILITY OR OBLIGATION TO YOU OR ANY THIRD PARTY. EVEN AFTER YOUR REGISTRATION IS TERMINATED, YOUR OBLIGATIONS UNDER THESE TERMS OF USE, INCLUDING, WITHOUT LIMITATION, ANY INDEMNIFICATIONS, WARRANTIES AND LIMITATIONS OF LIABILITY, SHALL REMAIN IN EFFECT.
  5. ACCEPTABLE USE AND CONDUCT
    YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF KASPER AND ALL DATA RELATED TO YOUR ACCOUNT. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS NEUCOM AND ITS SUPPLIERS FROM ANY AND ALL LOSS, COST, LIABILITY AND EXPENSE ARISING FROM OR RELATED TO YOUR DATA, YOUR USE OF KASPER, OR YOUR VIOLATION OF THESE TERMS.
    UNAUTHORIZED USES OF KASPER INCLUDE, BUT ARE NOT LIMITED TO, POSTING, STORING AND SHARING OF PORNOGRAPHIC, RACIST, THREATENING OR VIOLENT IMAGES OR DATA. USE OF KASPER MUST NOT INFRINGE OR VIOLATE THIRD PARTY RIGHTS.
    ANY UNAUTHORIZED USE OF KASPER IS A VIOLATION OF THESE TERMS OF USE. SUCH VIOLATIONS MAY SUBJECT THE UNAUTHORIZED USER AND HIS OR HER AGENTS TO CIVIL AND CRIMINAL PENALTIES. YOU ACKNOWLEDGE AND AGREE THAT NEUCOM DOES AND WILL COOPERATE WITH LAW ENFORCEMENT OFFICIALS AND AGENCIES IN ANY INVESTIGATION OF POTENTIAL OR ALLEGED VIOLATIONS OF ANY APPLICABLE LAW. YOU ACKNOWLEDGE AND AGREE THAT NEUCOM MAY INVESTIGATE (OR HAVE INVESTIGATED ON ITS BEHALF) ALLEGATIONS OF INFRINGEMENT OF THIRD-PARTY RIGHTS OR ABUSIVE OR ANY OTHER INAPPROPRIATE USE OF KASPER.
    NEUCOM RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO TERMINATE ANY ACCOUNT THAT IT FINDS IN VIOLATION OF THESE TERMS, WITHOUT RECOURSE.
  6. COMPLIANCE
    BY USING KASPER, YOU REPRESENT, WARRANT AND COVENANT THAT YOUR USE OF KASPER DOES NOT VIOLATE ANY APPLICABLE LAW, RULE OR REGULATION AND YOU SHALL COMPLY WITH ALL OF THE TERMS OF USE SET FORTH HEREIN. YOU MAY NOT ENTER ANY FALSE, FRAUDULENT, INDECENT, OBSCENE, PROFANE OR OTHERWISE INAPPROPRIATE INFORMATION INTO ANY APPLICATION OR OTHER DATA ENTRY FORM OR PAGE LOCATED ON OR THROUGH KASPER, AND YOU REPRESENT, WARRANT AND AGREE THAT YOU WILL ENTER ONLY TRUE AND ACCURATE INFORMATION INTO ANY FORM OR PAGE RELATED TO KASPER, YOU WILL KEEP SUCH INFORMATION UPDATED, AND THAT YOU WILL USE KASPER ONLY IN COMPLIANCE WITH ALL APPLICABLE LAWS. IF YOU PROVIDE INFORMATION THAT IS UNTRUE, FRAUDULENT, INACCURATE, NOT CURRENT OR INCOMPLETE, OR NEUCOM SUSPECTS THAT SUCH INFORMATION IS UNTRUE, FRAUDULENT, INACCURATE, NOT CURRENT OR INCOMPLETE, NEUCOM HAS THE RIGHT TO SUSPEND OR TERMINATE YOUR REGISTRATION (IN WHOLE OR IN PART) AND REFUSE ANY AND ALL CURRENT OR FUTURE USE OF KASPER (OR ANY PORTION THEREOF), IN ITS SOLE DISCRETION, WITH OR WITHOUT NOTICE TO YOU, AND WITHOUT LIABILITY OR OBLIGATION TO YOU OR ANY THIRD PARTY.
  7. ACCESS
    ACCESS TO KASPER IS PERMITTED ON A TEMPORARY BASIS, AND WE RESERVE THE RIGHT TO WITHDRAW OR AMEND THE SERVICE PROVIDED ON KASPER WITHOUT NOTICE. NEUCOM WILL NOT BE LIABLE IF FOR ANY REASON KASPER IS UNAVAILABLE AT ANY TIME OR FOR ANY PERIOD.
  8. DISCLAIMER
    NEUCOM MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND IN RELATION TO KASPER. IN PARTICULAR, YOU SHOULD BE AWARE THAT INFORMATION CONTAINED ON KASPER MAY BE INCOMPLETE, MAY CONTAIN ERRORS OR MAY HAVE BECOME OUT OF DATE. NEUCOM MAKES NO COMMITMENT, AND DISCLAIMS ANY DUTY, TO UPDATE ANY OF THE INFORMATION ON KASPER.
    TO THE EXTENT PERMITTED BY LAW, WE, OTHER MEMBERS OF OUR GROUP OF COMPANIES AND THIRD PARTIES CONNECTED TO US HEREBY EXPRESSLY EXCLUDE ALL CONDITIONS, REPRESENTATIONS WARRANTIES AND OTHER TERMS WHICH MIGHT OTHERWISE BE IMPLIED BY STATUTE, COMMON LAW OR THE LAW OF EQUITY.
  9. LIABILITY
    KASPER IS PROVIDED ON AN "AS-IS", "AS-AVAILABLE" BASIS AND WE SHALL HAVE NO LIABILITY FOR ANY DIRECT, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGES INCURRED BY ANY USER IN CONNECTION WITH KASPER OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR RESULTS OF THE USE OF KASPER, ANY WEBSITES LINKED TO IT AND ANY MATERIALS POSTED ON IT, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE.
    YOU AGREE TO DEFEND, INDEMNIFY AND HOLD NEUCOM AND ITS RESPECTIVE PARTNERS, MEMBERS, CONTRIBUTORS, ORGANIZERS, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AGENTS, LICENSORS, ADVERTISERS, SUPPLIERS AND OPERATIONAL SERVICE PROVIDERS (COLLECTIVELY, THE "COMPANY INDEMNITEES") HARMLESS FROM ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, LOSSES, COSTS AND EXPENSES (INCLUDING LEGAL FEES), ARISING IN ANY WAY OUT OF OR IN CONNECTION WITH (A) YOUR USE OF KASPER OR (B) YOUR BREACH OR VIOLATION OF THESE TERMS. NEUCOM RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU AND ALL NEGOTIATION FOR ITS SETTLEMENT OR COMPROMISE (AS APPLICABLE), AND IN EACH SUCH CASE, YOU AGREE TO FULLY COOPERATE WITH US UPON OUR REQUEST.
    YOUR USE OF KASPER IS AT YOUR OWN RISK. YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEUCOM AND THE COMPANY INDEMNITEES SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OR DAMAGE OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM KASPER, THE USE OF KASPER OR FROM THESE TERMS OF USE, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES.
  10. USER REGISTRATION
    IN ORDER TO ACCESS AND USE CERTAIN CONTENT, FEATURES, OR FUNCTIONALITY OF KASPER WE MAY REQUIRE YOU TO REGISTER FOR KASPER AND HAVE A UNIQUE USERNAME AND PASSWORD COMBINATION ("USER CREDENTIALS") AND PROVIDE CERTAIN ADDITIONAL INFORMATION, WHICH MAY INCLUDE, WITHOUT LIMITATION, NAME, ADDRESS AND EMAIL ADDRESS (COLLECTIVELY, A "USER ACCOUNT"). IF YOU ELECT TO BECOME A REGISTERED USER OF KASPER, YOU ARE RESPONSIBLE FOR MAINTAINING THE STRICT CONFIDENTIALITY OF YOUR USER CREDENTIALS, AND YOU SHALL BE RESPONSIBLE AND LIABLE FOR ANY ACCESS TO OR USE OF KASPER BY YOU OR ANY PERSON OR ENTITY USING YOUR USER CREDENTIALS, WHETHER OR NOT SUCH ACCESS OR USE HAS BEEN AUTHORIZED BY YOU OR ON YOUR BEHALF, AND WHETHER OR NOT SUCH PERSON OR ENTITY IS YOUR EMPLOYEE OR AGENT, INCLUDING, WITHOUT LIMITATION, ANY FEE-BASED TRANSACTIONS. YOU AGREE TO (A) IMMEDIATELY NOTIFY NEUCOM OF ANY UNAUTHORIZED USE OF YOUR USER CREDENTIALS OR USER ACCOUNT, OR ANY OTHER BREACH OF SECURITY, AND (B) ENSURE THAT YOU LOG OFF FROM KASPER AT THE END OF EACH SESSION. IT IS YOUR SOLE RESPONSIBILITY TO (I) CONTROL THE DISSEMINATION AND USE OF YOUR USER CREDENTIALS AND USER ACCOUNT, (II) UPDATE, MAINTAIN AND CONTROL ACCESS TO YOUR USER CREDENTIALS AND USER ACCOUNT, AND (III) CANCEL YOUR USER ACCOUNT ON KASPER. WE RESERVE THE RIGHT TO DENY ACCESS, USE AND REGISTRATION PRIVILEGES TO ANY USER OF KASPER IF WE BELIEVE THERE IS A QUESTION ABOUT THE IDENTITY OF THE PERSON TRYING TO ACCESS ANY ACCOUNT OR ELEMENT OF KASPER. NEUCOM SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS THAT YOU INCUR AS A RESULT OF SOMEONE ELSE USING YOUR USER ACCOUNT AND/OR PASSWORD.
  11. USER ROLES AND RESPONSIBILITIES
    IN ADDITION TO ALL THE OTHER TERMS OF THIS AGREEMENT YOU ACKNOWLEDGE THAT KASPER IS COMPRISED OF A MULTITUDE OF USER TYPES (“ROLES”), THAT THESE ROLES HAVE VARYING AVAILABILITY TO FEATURES, AND ACCESS TO COLLECTED DATA AND THAT YOU AGREE TO (BUT NOT LIMITED TO) THE ADDITIONAL TERMS AS DEFINED HERE. THE RESPONSIBILITIES FOR ROLES CAN CHANGE WITHOUT NOTICE AND FOR ANY REASON.
    “MORTGAGOR” REFERS TO ANYONE USING KASPER FOR THE PURPOSE OF OBTAINING A MORTGAGE, LINE OF CREDIT OR ALTERNATIVE FINANCING FOR HIS OR HER HOME.
    “ORIGINATOR” REFERS TO ANYONE INVOLVED IN THE PROCESS OF HELPING A MORTGAGOR OBTAIN A MORTGAGE, LINE OF CREDIT OR ALTERNATIVE FINANCING FOR HIS OR HER HOME – WHETHER SUCCESSFUL IN OBTAINING SAID FINANCING OR NOT.
    “SOLICITOR” REFERS TO THE LEGAL PRACTITIONER RESPONSIBLE FOR ALL LEGAL WORK RELATED TO THE MORTGAGE TRANSACTION FOR THE MORTGAGOR.
    “REALTOR” REFERS TO ANY PERSON WHO ACTS AS AN AGENT FOR THE SALE AND PURCHASE OF BUILDINGS AND LAND. FOR THE PURPOSE OF THIS AGREEMENT THIS MAY ALSO REFER TO HOMEBUILDERS.
    COMPLIANCE AND DISCLOSURE REQUIREMENTS FOR ORIGINATORS VARY FROM PROVINCE TO PROVINCE. DURING THE APPLICATION PROCESS (AS MORTGAGOR) YOU WILL BE REQUIRED TO ACCEPT AND ACKNOWLEDGE THE RESPECTIVE COMPLIANCE DISCLOSURES AND AGREEMENTS RELATED TO THE PROVINCE WITHIN WHICH THE FINANCING WILL OCCUR. DURING SUCH SAID APPLICATION (AS ORIGINATOR) YOU TAKE RESPONSIBILITY IN ENSURING ALL MORTGAGOR’S UNDER YOUR PURVIEW ARE UNDER FULL UNDERSTANDING OF THE COMPLIANCE AND DISCLOSURE REQUIREMENTS PERTAINING TO THE PROVINCE WITHIN WHICH THE FINANCING WILL OCCUR. AS AN ORIGINATOR YOU MUST BE APPROPRIATELY LICENSED TO CONDUCT MORTGAGES.
    KASPER WILL DO IT’S BEST TO FACILITATE THE INITIAL DISCLOSURES AND COMPLIANCE REQUIREMENTS NECESSARY TO INITIATE AN APPLICATION, BUT IT IS THE SOLE RESPONSIBILITY OF THE ORIGINATOR TO ENSURE THAT THE PROPER ACCEPTANCE AND ACKNOWLEDGEMENT BY THE MORTGAGOR OF THESE DISCLOSURES AND COMPLIANCE REQUIREMENTS ARE COMPLETED.
    ORIGINATOR’S, REALTORS, MORTGAGOR’S AND SOLICITORS MAY NOT CIRCUMVENT THE KASPER RATING AND REFERRAL SYSTEM BY INTENTIONALLY MAKING CONNECTIONS OUTSIDE OF KASPER, AFTER HAVING BEEN INTRODUCED TO EACH OTHER THROUGH KASPER.
    KASPER IS FREE TO USE FOR ALL USERS. KASPER HOWEVER DOES COLLECT A PRE-DETERMINED PERCENTAGE OF THE ORIGINATORS COMMISSIONS FOR THOSE MORTGAGORS THAT KASPER IS THE LEAD GENERATOR FOR.
    SOLICITOR’S AGREE TO HOLD IN HIGH REGARD THE MORTGAGE-BROKER CHANNEL, ALL MORTGAGE LENDERS WITHIN THE KASPER SYSTEM AND KASPER ITSELF. SOLICITOR’S MAY NOT INTENTIONALLY UNDERMINE THE PERCEIVED VALUE THAT ORIGINATOR’S, AND THE LENDERS THEY REPRESENT, PROVIDE TO THEIR MUTUAL CLIENTS.
  12. LINKS TO OTHER MATERIALS
    SOME OF THE LINKS AVAILABLE TO YOU THROUGH KASPER WILL ALLOW YOU TO LEAVE KASPER. SUCH EXTERNAL INTERNET SITES AND THE MATERIAL ARE NOT UNDER THE CONTROL OF NEUCOM, AND NEUCOM MAKES NO REPRESENTATIONS AND DISCLAIMS ALL LIABILITY WITH RESPECT TO SUCH SITES AND MATERIALS. THE LINKS ARE PROVIDED ONLY FOR YOUR CONVENIENCE, AND THEIR INCLUSION DOES NOT CONSTITUTE NOR IMPLY APPROVAL OR ENDORSEMENT BY NEUCOM OF THEIR CONTENT. YOU MAY NOT PROVIDE HYPERLINKS TO KASPER WITHOUT THE PRIOR WRITTEN CONSENT OF NEUCOM. PLEASE CONTACT INFO@@GETKASPER.COM FOR CONSENT.
  13. THIRD PARTY VENDORS
    CERTAIN FEATURES OF KASPER INCORPORATE SOFTWARE ARE DEVELOPED BY THIRD PARTIES ("THIRD PARTY VENDORS"). YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF ANY SERVICES PROVIDED BY THIRD PARTY VENDORS IS GOVERNED BY THE TERMS AND CONDITIONS OF SUCH THIRD PARTY VENDORS, WHICH INCLUDE, BUT ARE NOT LIMITED TO HEROKU, GOOGLE, TRANSUNION AND EQUIFAX. ANY BREACH OF THE TERMS OF CONDITIONS OF SUCH THIRD PARTIES, WHETHER IDENTIFIED HEREIN OR NOT, SHALL CONSTITUTE A BREACH OF THESE TERMS OF USE. WE DO NOT PROVIDE ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO SOFTWARE PROVIDED BY THIRD PARTY VENDORS.
  14. ENTIRE AGREEMENT
    UNLESS OTHERWISE AGREED TO IN WRITING, THESE TERMS OF USE AND ANY OTHER REGULATIONS, PROCEDURES AND POLICIES WHICH WE REFER TO AND WHICH ARE HEREBY INCORPORATED BY REFERENCE, CONTAIN THE ENTIRE UNDERSTANDING AND AGREEMENT BETWEEN YOU AND NEUCOM CONCERNING KASPER AND SUPERSEDES ANY AND ALL PRIOR OR INCONSISTENT UNDERSTANDINGS RELATING TO KASPER AND YOUR USE THEREOF. THESE TERMS OF USE CANNOT BE CHANGED OR TERMINATED ORALLY. IF ANY PROVISION OF THESE TERMS OF USE IS HELD TO BE ILLEGAL, INVALID OR UNENFORCEABLE, THIS SHALL NOT AFFECT ANY OTHER PROVISIONS AND THESE TERMS OF USE SHALL BE DEEMED AMENDED TO THE EXTENT NECESSARY TO MAKE IT LEGAL, VALID AND ENFORCEABLE. ANY PROVISION WHICH MUST SURVIVE IN ORDER TO ALLOW US TO ENFORCE ITS MEANING SHALL SURVIVE THE TERMINATION OF THESE TERMS OF USE; HOWEVER, NO ACTION ARISING OUT OF THESE TERMS OF USE OR YOUR USE OF KASPER, REGARDLESS OF FORM OR THE BASIS OF THE CLAIM, MAY BE BROUGHT BY YOU MORE THAN ONE YEAR AFTER THE CAUSE OF ACTION HAS ARISEN (OR IF MULTIPLE CAUSES, FROM THE DATE THE FIRST SUCH CAUSE AROSE).
  15. JURISDICTION AND APPLICABLE LAW
    THE COURTS OF THE PROVINCE OF SASKATCHEWAN WILL HAVE EXCLUSIVE JURISDICTION OVER ANY CLAIM ARISING FROM, OR RELATED TO, A VISIT TO THIS WEBSITE. THESE TERMS OF USE AND ANY DISPUTE OR CLAIM ARISING OUT OF OR IN CONNECTION WITH THEM OR THEIR SUBJECT MATTER OR FORMATION (INCLUDING NON-CONTRACTUAL DISPUTES OR CLAIMS) SHALL BE GOVERNED BY, INTERPRETED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF THE PROVINCE OF SASKATCHEWAN AND THE FEDERAL LAWS OF CANADA APPLICABLE THEREIN.