Applicant Terms and Conditions
Ver 2.2 February 2024
Welcome
Apply Financial empowers loan and mortgage applications online. This Agreement (“Agreement”) governs your relationship with Apply Financial in connection with online loan or mortgage applications.
This Agreement is revised periodically, and it may include changes from earlier versions. By using and engaging with Apply Financial, you agree to the most recent version of this Agreement.
Privacy & Security
Protecting your privacy is important to us. All information gathered from you will be governed by the provisions of the Apply Financial Inc. Privacy Policy.
Protecting your login Credentials
Prevent unauthorised access by keeping your login Credentials confidential and ensure that you log out of Apply Financial sites when you are finished.
If you give another person or business access to Apply Financial sites by sharing your login credentials, you agree that each such third-party will be authorised to act on your behalf and will be bound by this Agreement. We are not responsible for managing the authority of your third-party relationships, or the use of Apply Financial sites by an authorised third-party using your login Credentials. Any activity performed using your login credentials, even if not specifically intended by you, will be presumed to be authorised by you. If you have shared your login credentials with a third-party, and wish to revoke such access, you must contact us to block access until new login credentials are established.
Managing your contact information
Your use of Apply Financial sites may be limited, suspended, or terminated if you do not maintain accurate contact information or if we cannot verify your identity. Changes to your contact information may be made on the site or by contacting us.
By providing us with a telephone number for a mobile device, including a number that you later convert to a mobile device number, and/or an email address, you are expressly consenting to receiving communications from us and our affiliates and agents at that number or address. This express consent applies to each such telephone number and address that you provide to us now or in the future and permits such contact. Calls and messages may incur fees from your mobile services provider.
Monitoring and recording communications
We may monitor and/or record any communications between you and us for quality control and other permitted business purposes. This monitoring or recording may be done without any further notice to you or anyone acting on your behalf.
Additional terms of use
Content you provide
By submitting information, materials, and other content through the site, you are licensing that content to us for use in processing your application. You represent that you are entitled to submit this information for use for this purpose, without any obligation by us to pay any fees or be subject to any restrictions or limitations. By providing us with this information you further authorise Apply to source your ‘soft’ credit score in order to complete your application. This will not affect your credit score.
Fees
There is no fee for borrowers to use Apply Financial sites. Any fees that may apply to your loan or mortgage (i.e., origination fees) will be described within your chosen lenders offer and terms and conditions.
You are responsible for any and all other fees and charges that may be assessed by your telephone company, wireless carrier, internet service provider, or any other third party provider you may engage.
Limitations
The functionality of the site may be limited depending on your access method or access device. Apply Financial does not guarantee you will receive offers from lenders.
Other agreements
This Agreement is in addition to other agreements and disclosures that apply to your use of the Apply Financial website. If there is a conflict between this Agreement and the terms and conditions of any disclosures or agreements that specifically addresses your online loan or mortgage application, this Agreement will control in resolving those inconsistencies.
Equipment
You are responsible for and must provide all mobile devices, computers, and/or other equipment, software (other than any software provided by us), and services necessary to access the Apply Financial website. You may need additional software that is capable of opening PDF files (such as Adobe Acrobat) to view, print, and/or save electronic versions of your documents.
No illegal use
Apply Financial sites and the associated loan products are intended for customers that are at least 18 years old or otherwise able to lawfully enter into contracts under applicable law. You agree not to use the website to conduct any business or activity or solicit the performance of any activity prohibited by law or any contractual provision by which you are bound.
Changes in terms of use
We reserve the right to modify this Agreement at any time. You will receive notice in accordance with applicable law when any changes are made that materially affect your rights. By continuing to use the site, you agree to the most recent version of this Agreement.
Intellectual Property
The trademarks, logos, and service marks displayed in connection with the site are the registered and unregistered trademarks of Apply Financial Inc. Under no circumstances may you use, copy, imitate, alter, modify or change these trademarks. Nothing contained on, in or otherwise connected with the site should be construed as granting (by implication or otherwise) any licence or right to use any trademark without the express written permission of Apply Financial.
All messages, suggestions, ideas, notes, concepts, know-how, techniques, data, applications, mail, and other information you may send to us through or regarding the site (including but not limited to our website) shall be considered an uncompensated contribution of intellectual property to us and shall become our exclusive intellectual property. By submitting any such materials to us, you automatically grant (or warrant that the owner of such materials has expressly granted) to us a perpetual, royalty-free, irrevocable, non-exclusive right and licence to use, reproduce, modify, adapt, publish, translate, publicly perform and display, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed, and you warrant that all so-called “moral rights” in those materials have been waived, and you warrant that you have the right to make these warranties and transfers of rights..
Limitation of liability; indemnification
In no event will we be liable under any contract, tort, negligence, strict liability or other claim for any direct, indirect, incidental, special, consequential or exemplary damages, including, without limitation, damages for loss of profits, goodwill, use, data, or other intangible losses (even if advised of the possibility of such damages), whether caused by or resulting from (1) the use or the inability to use the site; (2) any failure of performance, error, omission, interruption, delay in operation or transmission, computer virus, loss of data, theft, destruction, or unauthorised access to your information; (3) errors, inaccuracies, omissions, or other defects in information or content provided by, contained within, or obtained through the site, or (4) any other failure, action, or omission.
You agree to indemnify, defend, and hold us harmless from any and all third-party claims, actions, liability, damages and/or costs (including but not limited to reasonable attorney’s fees) arising from (1) a third-party claim, action or allegation of infringement, misuse or misappropriation based on information, data, files or other materials submitted by you to or through the site; (2) any fraud, manipulation or other breach of this Agreement by you; (3) any third-party claim, action or allegations brought against us arising out of or relating to a dispute with you over the terms and conditions of an agreement or related to the purchase of sale of any goods or services; (4) your violation of any law or rights of a third party; or (5) use of the site by any third party. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defences. You will not settle any action or claims on our behalf without our prior written consent.
Accessing the site from outside Canada
The products and services described herein are only offered in jurisdictions where they may be legally offered. Not all services are available in all countries and you understand that the described products and services are intended for customers located in Canada. You also understand that Apply Financial is located in Canada, and only accepts Canadian currency.
We do not make any representations that any content or use of the site is appropriate or available for use in locations outside of Canada and accessing the site from territories where any content or use of any Service is illegal is prohibited. If you choose to access the site from locations outside Canada, you do so at your own risk and you are responsible for compliance with local laws. Additionally, you understand and agree that your access to this site from outside Canada will not subject Apply Financial to the laws of any other jurisdiction.
Waiver
We will not be deemed to have waived any of our rights or remedies with regard to this Agreement unless our waiver is in writing and signed by our authorised officer. No delay or omission on our part in exercising any rights or remedies will operate as a waiver. A waiver on one occasion will not be construed as a bar or waiver of any rights or remedies on future occasions.
Severability and headings
If any provision of this Agreement is held to be void or unenforceable in any jurisdiction, such ineffectiveness or unenforceability shall not affect the validity or enforceability of such provision in any other jurisdiction or the validity or enforceability of any other provision in that or any other jurisdiction.
The headings in this Agreement are for convenience or reference only and do not govern the interpretation of provisions of the Agreement.
Assignment
You may not assign your obligations under this Agreement to any other party and we will not honour any such assignment. We may assign this Agreement and you agree that we have the right to delegate to service providers all of the rights and performance obligations that we have under this Agreement, and that the service providers will be third-party beneficiaries of this Agreement and will be entitled to all the rights and protections that this Agreement provides to us.
Authority
If you are agreeing to the terms of this Agreement on behalf of an organisation, entity, co-applicant, or as a third-party agent of the loan applicant, you represent and warrant that you are authorised to agree to terms of this Agreement on behalf of that organisation, entity, applicant or co-applicant (as applicable) and bind that organisation, entity, applicant or co-applicant (as applicable) to this Agreement.
Definitions
The following definitions apply in this Agreement:
The words “we,” “our,” and “us” mean Apply Financial Inc., and respective affiliates, employees, successors, and assigns.
The words “you” and “your” means the person or persons that accesses or uses Apply Financial sites
“login credentials” means your personal ID, password, and any other unique biometric attribute (such as facial recognition or fingerprint) used to access the sites.
Electronic Document Agreement
We need your permission before we can provide you with electronic versions of important notices and documents that were previously provided in paper. By using and engaging with Apply Financial, you give us your consent, and we are able to electronically deliver disclosures and documents related to your loan application.
Method of Delivery
Electronic documents will be delivered to you within the site and via email. Please save or print your electronic documents for future reference.
Requesting Paper Copies
You have the right to receive paper versions of documents presented electronically. Contact us to request a free paper copy of any document presented electronically.
System Requirements
Before providing eConsent, you must ensure that the hardware and software of any Access Device(s) you use meet the requirements below.
- Internet access – 1.5 Mbps per second or better
- Disc space – Sufficient memory on Access Device or external storage device to retain Documents
- Latest supported version of Adobe Acrobat Reader or Current Version – If you do not have a PDF reader, you may download one for free at: https://get.adobe.com/reader. Take Our PDF test (PDF) to confirm that you have the PDF reader software required to view and save PDF files.
- Printer – Installed printer (needed only if you wish to print documents)
- SSL encryption enabled
- An active email address capable of receiving and sending electronic messages
- Javascript enabled
- Security settings enabled
- If applicable services are used, a webcam, microphone, and speaker to support a live, real time audio video connection, and a mobile device with text message functionality and a camera.
Any desktop or laptop device you use must meet the following additional requirements, as applicable:
- Operating system – Latest supported version of Windows or mac OS
- Internet browser – Latest supported version of Google Chrome, Microsoft Edge, Mozilla Firefox, or Apple Safari
Any tablet, mobile, or other device you use must meet the following additional requirements, as applicable:
- iPhone, supported models, iOS – Latest fully-patched version
- iPad, supported models, iOS – Latest fully-patched version
- Android phone, Android OS – Latest fully-patched version
- Internet browser — Latest supported version of Google Chrome or Apple Safari
This agreement applies to all Access Devices you use to access your account and view electronic documents. If you change Access Devices (or use multiple Access Devices), it is your responsibility to ensure that each Access Device meets these system requirements and that you are still able to access and view your electronic documents.
Note: This Platform is optimised for use on Google Chrome. You may download Google Chrome for free at: https://www.google.com/chrome/. If you use other software, you may not receive the same level of support or performance, but as long as you are able to read and review the information above and otherwise access PDF documents, you should be able to access and retain Documents provided through this Platform.
Changes to system requirements
We will notify you if the system requirements change in such a way that may prevent you from accessing or viewing your electronic documents.
Withdrawal of Consent
You have options to manage your electronic delivery preferences and complete withdrawal of your consent may not be necessary.
Contact us to withdraw your consent to receive electronic documents. If you withdraw your consent online access to your account may be limited.
Acceptance
You acknowledge that you have read and agree to the terms of this agreement, you agree to receive notices and documents delivered electronically to your Access Device, and you agree to maintain an active and valid email address.