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1.1. These Terms of Use (hereinafter the ” Terms “) set forth your rights and obligations with respect to your use of the hypotek.com website (hereinafter the ” Site “) provided by Juriseo Technologies Inc. under the name “Hypotek” (hereafter ” Hypotek “).
IT IS YOUR RESPONSIBILITY TO READ THESE CONDITIONS CAREFULLY AND TO AGREE TO THEM BEFORE USING THE SITE.
1.2. By accessing the Site or using its features, as well as by expressing your consent in any other form, you (hereinafter ” you” or the ” User “) agree to be bound by the provisions of the Terms and the documents to which the Site refers. These Terms are binding on you both during and after your use of the Site.
1.3. It is your responsibility to read the entire Terms regularly, as they may be updated at any time, and to accept them systematically before using the Site.
1.4. In order to use the Site, the User must also accept our Privacy Policy (hereinafter ” Policy“) concerning the use of personal information obtained through browsing the Site. This Policy is deemed to be an integral part of these Terms.
IF YOU DO NOT ACCEPT ALL THE TERMS AND CONDITIONS, YOU MUST STOP USING THE SITE IMMEDIATELY.
We also invite you to contact us with any questions or comments you may have regarding the Terms at info@hypotek.com.
2.1. ” User Account” refers to the personalized portal allowing the User to access the services offered by Hypotek.
2.2. ” Terms” refers to the Terms of Use, Policy and other documents referred to on the Site.
2.3. ” Additional Conditions ” refers to the definition inArticle 2 below.
2.4. ” Content” refers to any text, document, act, image, audio file, video file, multimedia element, software, code, computer process, information or material published, existing or accessible from the Site.
2.5. ” Service contract” : refers to the definition inarticle 1 below.
2.6. ” Mortgage Application” refers to the definition insection 1.2 below.
2.7. ” Hypothèque légale” refers to legal construction mortgages, legal mortgages for the claim of the syndicate of co-owners for the payment of common charges and legal mortgages for claims resulting from a judgment.
2.8. ” We“, ” our “, ” our “, ” Hypotek ” refers to Juriseo Technologies Inc. a legal entity legally constituted and having its head office at 227, boulevard des Braves, suite 101, Terrebonne, province of Quebec, J6W 3H6, whose company number is 1176954759.
2.9. ” Parties” refers collectively to Hypotek and the User, whether a natural or legal person.
2.10. ” Services” refers to the definition inarticle 2 below.
2.11. ” Site” refers to the content of the hypotek.com website developed by Hypotek.
2.12. ” Rates” refers to the definition inarticle 1.5.
2.13. ” You“, ” your “, ” your “, ” User “, ” User “, ” him “, ” sa “, ” its ” refers to the natural person or legal entity, represented by a natural person, accessing the Site or one of its derived services.
3.1. The User acknowledges that the content, including the information made available on the Site, including web pages, blog posts, information capsules or any other form of legal information (collectively “General Information”) is limited to general legal information.
3.2. The Content of the Site is provided for general information purposes and is intended to inform you about legal mortgages in Quebec. It does not constitute technical, financial, legal or any other type of advice, and should not be construed as such.
3.3. Under no circumstances may the General Information be interpreted as legal advice applicable to the User’s personal situation.
3.4. Any reliance you place on the content of this Site is solely at your own risk. We may suspend or terminate the operation of the Site at any time at our sole discretion.
3.5. The User acknowledges that he/she has been informed that the law is a constantly evolving field and that each case is unique. The User also acknowledges that the field of law is not an exact science and that the same situation may lead to different results.
THE USER AGREES TO USE THE SITE AND ITS SERVICES AT HIS OWN RISK, AND IS ADVISED THAT HYPOTEK STRONGLY RECOMMENDS THAT HE OBTAIN LEGAL ADVICE FROM THE PROFESSIONAL OF HIS CHOICE BEFORE USING THE SITE’S SERVICES.
3.6. To this end, Hypotek enables its users to consult, free of charge, lawyers who are members of the Quebec Bar and who are external to Hypotek, to advise them on their legal situation.
3.7. The User acknowledges and agrees that Hypotek shall not be liable for any damages suffered by the User as a result of any erroneous, faulty or illegal use of the Services or as a result of the performance of any other act or omission arising, directly or indirectly, from the General Information on the Site.
4.1. The User confirms that he will use the Site for legitimate purposes. In this sense, when browsing the Site, the User undertakes to :
4.1.1. Use the Site in full compliance with applicable law and these Terms;
4.1.2. Use the Site peacefully through the various interactions the User may have with
the Site’s forms or one of its affiliates or authorized representatives;
4.1.3. Not to alter the Content of the Site by any computer or technological means, nor to jeopardize the security of the Site or its infrastructure (for example, by using malicious software or spreading computer viruses);
4.1.4. Not to test the level of security of the IT measures implemented on the Site, nor to instruct a third party to do so, nor to attempt to circumvent the protective measures developed for the Site;
4.1.5. Use the Site only from the User Account he has opened for his own needs (or for the needs of the legal entity he is duly authorized to represent) and not from the User Account of a third party;
4.1.6. Pay in full all sums required for services rendered by Hypotek through your use of the Site. This includes, in particular and where applicable, recurring service fees, service fees payable on a per-document basis, applicable taxes and disbursements such as costs of service by a bailiff, costs of delivery of documents in paper format and costs related to the registration of a document in the Land Register.
4.1.7. Fill in all forms submitted with accurate and relevant information. In this respect, the User acknowledges that he/she is aware of the importance of the truthfulness of the information provided to Hypotek and of the consequences that may arise from the disclosure of false, erroneous or inaccurate information;
4.1.8. Not to reproduce for illicit purposes or without right the Contents of the Site;
4.1.9. Not to misuse the Services offered on the Site (for example, and without limitation, by seeking to register unjustified or even illegal legal mortgages, or to issue abusive or unlawful notices or demands);
4.1.10. Not to infringe any copyright, patent, trademark, trade secret or other intellectual property or proprietary right or right of publicity or privacy of any person;
4.1.11. Act as the authorized representative of the legal entity associated with the User Account used for browsing, if applicable.
4.1.12. Do not make any comments of an aggressive nature that could be considered offensive, violent or defamatory, of a terrorist nature, inciting hatred or other on the blog posts, at any other location on the Site, through the chat service or even by telephone;
4.1.13. Not to access the Site through the use of automated software allowing the control of the User Account independently of the control of a physical person;
4.1.14. Notify Hypotek of any suspicious activity on the User Account so that Hypotek may be aware of the situation and preserve the integrity of the Site and the Content therein;
4.1.15. Not to attempt to obtain or discover the algorithms underlying the Site and the Services offered as well as all computer processes allowing the viability and efficiency of the Site.
4.2. Any User who fails to comply with these Terms may have their access to the Site restricted or suspended for a period which may vary at Hypotek’s discretion depending on the seriousness of the breach. The following non-exhaustive list of situations may justify such sanctions:
4.2.1. A breach of the Conditions;
4.2.2. Violation of the Policy or applicable privacy laws;
4.2.3. A court order, government order or legislative constraint to that effect;
4.2.4. Refusal or negligence to cooperate in the identification of the User, or refusal or negligence to send us valid and compliant documents identifying the User or authorizing the User to represent a legal entity;
4.2.5. Sharing the User’s access with any other person;
4.2.6. Suspicion that you have committed illegal acts, including fraud or abusive or illegal procedures;
4.3. Without limiting the foregoing, Hypotek may, in its sole discretion and without justification, suspend a User Account without notice.
4.4. The User acknowledges that Hypotek may terminate the User Account, the Services or the Site at any time, even without notice. Accordingly, the User acknowledges that Hypotek shall not be liable for any inconvenience, damage or loss that the User may suffer as a result of such termination of a User Account, the Services and/or the Site.
4.5. In the event of temporary or permanent suspension of the User’s Account for one of the reasons listed in article 4.1 or 4.2 above as well as for any other reason deemed serious by Hypotek, the User must continue to fully honour his contractual obligations towards Hypotek and pay the sums due to him, notwithstanding the temporary or permanent suspension of his User’s Account.
5.1. All Content developed by Hypotek and found on the Site is protected by Canadian and foreign copyright, trademark and similar laws. The Site is the sole property of Hypotek. Any unauthorized use or reproduction of the Content may violate copyright, trademark and other laws.
We reserve the right to take appropriate legal action to stop any infringement of our copyrights and to obtain appropriate remedies in such circumstances.
5.2. Hypotek is the sole owner of the Site and its Content. We are also the owners of copyrights, trademarks, domain names (www.hypotek.com, www.hypotk.com and www.hypotek.legal), design rights, database rights, patents and other intellectual property rights, regardless of the country in which they are registered.
5.3. By accepting these Terms, the User acknowledges that he/she has no real or personal rights to the Content on the Site. Use of the Site by the User also does not create any ownership rights for the User in respect of the Site Content. The User accepts that his use of the Site and the Services offered, in consideration of the applicable rates, is limited to a service contract between the Parties.
5.4. The User further acknowledges that any information or data disclosed on the Site or obtained by Hypotek through the Site or its Services shall be deemed our sole property or shall be deemed assigned to Hypotek.
6.1. The User Account will serve as a personalized access to the services offered by Hypotek on the Site in order for the User to use the Services of the Site.
6.2. To create a User Account, you will need to provide the information that will be used to authenticate you and to create the legal documentation required to grant the Services offered on the Site, including :
6.2.1. Your first name;
6.2.2. Your last name;
6.2.3. Your contact details;
And, if you are acting as a duly authorized representative of a legal entity :
6.2.4. The name of the legal entity;
6.2.5. Your title within the legal entity;
6.2.6. Contact details of the legal entity;
6.3. When acting on behalf of a legal entity, you are responsible for ensuring that you are a person duly authorized to act on behalf of that entity.
6.4. Hypotek may, if we deem it appropriate, directly or indirectly carry out any investigation or research necessary to verify and authenticate the data collected concerning any User. In the event that the User’s identification has not been adequately completed, for lack of cooperation on the part of the User, or for lack of receipt of valid and compliant identification documents, the User’s Account may be suspended, as may the related Services offered.
6.5. In such a case, the User acknowledges and agrees to hold Hypotek harmless from and against any and all damages that the User may suffer as a result of the interruption of the Services offered due to the User’s inability to validate his or her identity.
6.6. By accepting these Terms, the User acknowledges that the information he/she will provide when creating his/her User Account will serve as a tool for Hypotek to issue legal documentation related to the Services offered in accordance with legal requirements.
6.7. The User must therefore update all the information provided as soon as possible, as soon as any change occurs to his/her personal information. The User understands the legal impact that the obsolescence of information disclosed when creating a User Account may have.
6.8. The User must also choose a password to secure access to his/her User Account. The User understands that the password must be a complex and secure password, known only to the User. The User is aware that if he or she disseminates his or her password by any means, shares it or uses a password identical to any other account he or she uses on third-party services, the security of his or her User Account may be jeopardized. In this sense, the User acknowledges that Hypotek is not responsible for the choice of a password and the degree of security associated with the password established for the User’s Account on the Site.
6.9. Any activity carried out from your User Account will be attributable to the User, regardless of whether such activity actually resulted from the direct act of the User of such account or from a third party illegitimately appropriating access to such User Account. The User in a personal capacity may thus be held liable, as may the legal entity whose interests he or she represents by using the Site.
6.10. The User acknowledges and accepts that his account may not be shared with another person, even if that person holds a position within the same legal entity as the User. In the event of unlawful sharing of a User’s access, the User shall be liable for any damages suffered by Hypotek, including but not limited to loss of income. Hypotek shall be entitled to suspend the User Account without notice.
6.11. As stated in the Privacy Policy, Hypotek reserves the right to grant access to and disclose information related to your User Account when required by law, court order or if, after analysis of the situation, we have determined that disclosure is necessary to:
6.11.1. To ensure compliance with these Terms;
6.11.2. Respond to your customer service requests;
6.11.3. Respond to allegations of infringement of third-party rights;
6.11.4. To protect Hypotek’s rights and the safety of its employees and any representatives affiliated with Hypotek;
6.11.5. To improve the Services offered and the general performance of the Site;
6.11.6. To ensure the proper execution of the Services offered to the User.
6.12. The User acknowledges and accepts that any information he/she provides through his/her User Account may be collected by Hypotek through various technological means. The User consents to the collection of his/her information being used to improve the Services offered on the Site and to optimize the performance and viability of the Site.
6.13. The User agrees to notify Hypotek of any suspected usurpation of its User Account or any other breach of the Terms or the Policy.
7.1. On the Site, it will be possible for users to register by creating a User account through which they will be able to use the various Services offered on the Site.
7.2. The Site Services are limited to the following:
7.2.1. Reception and analysis of a service request by the User;
7.2.2. Insertion of information submitted by the User in documents required by the User;
7.2.3. Analysis of the deadlines applicable to the production of documents required by the User;
7.2.4. Submission of documents to the User for signature and approval;
7.2.5. Certification of documents by an external lawyer, when required;
7.2.6. Referral to an external lawyer, when necessary, for legal advice;
7.2.7. Notification of documents according to the notification mode chosen by the User.
(hereinafter collectively referred to as “Services”)
7.3. The User is solely responsible for the information and data that he declares to be accurate and compliant when he submits them to the Site.
7.4. The User accepts and acknowledges that Hypotek will not verify the completeness and accuracy of the information and data transmitted by the User to the Site.
7.5. The User accepts and acknowledges that the Services do not include any legal representation, including a claim in tort or legal proceedings arising directly or indirectly from the Services.
7.6. The User accepts and acknowledges that it is up to him to suspend the execution of the Services if his debt is extinguished or if he wishes to put an end to his mortgage proceedings.
8.1. The steps required to create a Service Agreement (hereinafter “Service Agreement”) between you and Hypotek are as follows:
8.1.1. You access the Site and your User Account by logging in with the e-mail address and password registered to your account.
8.1.2. You submit a request to open a legal mortgage file (hereinafter “Mortgage Request”) by entering the mandatory information required by the Site.
When entering information for your Mortgage Application, it is your responsibility to ensure that all information you enter is accurate and truthful. Therefore, you should take sufficient time to read and verify your Mortgage Application before submitting it.
8.1.3. Following receipt of your Mortgage Application, we will analyze the steps required and the deeds to be produced, as well as the deadlines applicable to the notification of these deeds.
If we accept your Mortgage Application, we will provide you with a proposed payment schedule (hereinafter referred to as the “Schedule”).
In fact, we may refuse your Mortgage Application, particularly if :
a. We are unable to meet the production deadlines required to ensure the legality of your Mortgage Application;
b. Your mortgage application appears to us to be late or time-barred;
c. Your mortgage application appears to us to be abusive or ill-founded;
d. Our services are temporarily unavailable;
e. We made an error in the description or price of our services.
8.1.4. If we agree to submit a Schedule to you, it will be presented in the form of a table summarizing :
a. Documents to be produced;
b. The dates on which documents and acts were issued and the corresponding means of notification;
c. The costs and amounts of pre-authorizations required for each Service;
d. The debit dates for the credit card on your account.
e. Only for construction mortgages, and when, an annual commitment corresponding to the applicable flat rate for the number of Mortgage Applications authorized to your User Account.
8.1.5. Hypotek has established fee schedules (hereinafter collectively referred to as “Rates”) according to the type of mortgage and, where applicable, according to the package chosen by the User. Click here to see our rates. Hypotek reserves the right to modify the current Prices at any time, at its sole discretion and without prior notice.
Rates are quoted in Canadian dollars (CAD) and exclude disbursements and applicable taxes.
8.1.6. When notification by bailiff or registered mail is required, your credit card will be pre-authorized to cover the generally foreseeable costs of these methods of notification. Ultimately, these expenses will be billed to you at cost.
8.1.7. In order for a Service Agreement to take effect, you must accept the Schedule and enter the credit card information to be used for the Services.
The User’s payment information will not be stored directly by Hypotek, but rather through the Stripe payment platform (and, where applicable, its third-party transactional electronic service providers). We direct the User to our Policy and its relevant sections regarding information collected by Hypotek in connection with the services offered on the Site.
Consequently, the User acknowledges and accepts that Hypotek cannot be held responsible for any direct or indirect prejudice arising from the theft or illegitimate use of data relating to his/her bank transactions.
8.1.8. Once your credit card information has been validated by our system and you have accepted the Timeline, a legally binding Service Agreement will come into effect between us for this Mortgage Application only.
8.1.9. Services relating to successive issues of documents or deeds may be terminated or suspended at any time prior to their drawdown dates.
If you decide to terminate or suspend a Mortgage Application after the drawdown date, you acknowledge that the value of the agreed price for the Service corresponding to said drawdown as well as any other costs incurred by Hypotek for such Service shall be equivalent to the value of the work performed prior to the notification of termination or suspension. The value of the agreed price for the Service and the corresponding costs shall thus constitute liquidated damages for the exclusive benefit of Hypotek without the need for Hypotek to prove any damages whatsoever.
8.1.10. Annual subscriptions are for a fixed period of twelve (12) months from the date of entry into force of the Service Agreement. If you do not terminate your annual subscription before its anniversary date, it will be automatically renewed for an additional fixed period of twelve (12) months.
8.1.11. Annual subscriptions are subject to increase, without notice, at their renewal date in order to correspond to the Tariffs published on our Site in accordance with article 8.1.5 above.
8.1.12. With the sole exception of article 8.1.9 above, the User may not, for any reason whatsoever, terminate a Service Contract, including an annual subscription. The User waives the rights conferred by articles 2125 and 2129 of the Civil Code of Québec. This waiver applies for any reason that the User may invoke, including a serious reason or an unforeseeable event or force majeure.
8.2. Services relating to successive issues of documents or deeds terminate when the steps set out in the Timetable are completed, unless the Mortgage Application is previously terminated or suspended.
8.3. Annual subscriptions expire on their anniversary dates unless automatically renewed in accordance with article 8.1.10 above.
9.1. The Notification Guarantee Service is included in all Service Contracts and is designed to ensure notification of a document or action to its recipient.
9.2. Where permitted by law, Hypotek will give preference to notification by e-mail (or registered mail if no e-mail is sent to the recipient’s file).
9.3. If the e-mail (or registered mail) is not collected within five (5) days of delivery, Hypotek will automatically serve the document or deed by bailiff in accordance with the applicable Rates.
9.4. In this event, an additional pre-authorization will be made on the credit card registered by the User in order to cover Hypotek’s Service fees as well as reasonably foreseeable disbursements for a bailiff’s notice. Ultimately, you will be billed only for Hypotek’s Services fees and the cost of disbursements at cost.
10.1. The security measures deployed to ensure the security and confidentiality of User data correspond to the best practices in cybersecurity. However, as stated in the Policy, the User acknowledges that there is no obligation to guarantee the confidentiality of data transmitted to the Site.
10.2. Users are therefore advised to limit the communications they send to the Site to those that are absolutely necessary in order to operate and use the Services offered on the Site. Any information deemed sensitive by the User, or even confidential, should be limited to the minimum required to ensure the proper functioning of the Services offered.
10.3. In some respects, it will be possible for Users to communicate with Hypotek representatives in connection with the Services offered. The User acknowledges his or her commitment under article 4.1.12 above to communicate at all times in a respectful manner and not to share offensive or even hurtful content such as violent, obscene or even discriminatory content.
11.1. In the event of any claim or objection by you to any Content posted on the Site, or if you believe that any Content violates your copyright, you agree to notify us immediately and to hold us harmless for any damages and claims that may arise when your request is processed within fifteen (15) business days.
12.1. The Site may contain hyperlinks, references or cross-references to other websites or documents prepared by third parties. These cross-references, hyperlinks and references are legitimately inserted into the Site Content and are intended solely to simplify navigation through the platform developed by Hypotek. The use of such references, hyperlinks and documents prepared by third parties does not constitute any approval or endorsement of the information contained therein or of the activities of such third parties.
12.2. Hypotek has no right or control over the content of these hyperlinks, references or cross-references to third-party sites, and as such, Hypotek cannot be held responsible for any information found there.
12.3. The User understands that by using such hyperlinks, references or cross-references to third party sites, terms of use and privacy policies different from those of Hypotek may apply.
13.1. Without limiting any other limitation of liability found in these Terms, you agree not to hold us liable for any actions or inactions that are taken by Users of our Site or Services. We have no control over the Users using the Site and its Services and cannot guarantee the truthfulness, quality or legality of the actions and inactions of Users.
13.2. Hypotek shall not be held liable for any prejudice suffered by a third party who has been the subject of any action relating to the Services offered in the event that, for example, the registration of a legal hypothec has been deemed abusive by a Court. It is the User’s responsibility to use the Services offered in a lawful manner and not with the intention of harming a third party. Hypotek is not required to verify the truthfulness or authenticity of the due date or liquidity of claims owed by a third party to a User.
13.3. The Site and Services are provided “as is” and “as available”, with all faults and errors, if any. Hypotek makes no warranties, express or implied, as to the Services or the Site, including, without limitation, warranties as to their quality, performance, or that they will meet the User’s specific requirements. It is possible that, at some point, the Site or the Services offered may be affected by errors or defects and, in this case, Hypotek will try to correct them to the best of its ability, without however guaranteeing that this will be possible.
13.4. Hypotek makes no representations or warranties as to the reliability, stability or security of the Site and the Services offered, and shall not be liable for any damages arising out of matters beyond our control, such as force majeure or the fault of a third party.
13.5. Hypotek shall not be liable for any damages whatsoever – including, but not limited to, any contractual, extra-contractual, direct, indirect, compensatory, punitive or special damages – that a User may suffer as a result of using the Site and its services, even in the event of gross negligence or gross negligence on the part of Hypotek.
13.6. In the event of any litigation, claim or demand – resulting directly or indirectly from a Mortgage Request instituted by a User – against Hypotek, the User originating the Mortgage Request agrees to indemnify us (and our officers, directors, shareholders, agents, subsidiaries, joint ventures, employees and licensors) from and against all damages occasioned, including judicial and extra-judicial fees reasonably incurred by Hypotek.
13.7. Hypotek shall not be liable for any loss or damage arising from the User’s use of the Site in connection with the Services offered. For example, and without limitation, damages suffered by a User arising from the non-collection of a mortgage debt, the fault of a third party, damages for loss of profits and goodwill, damage to reputation, loss of data, the cost of acquiring substitute goods or services, damages related to force majeure or any other intangible loss (even if we have been advised of the possibility of such damages), resulting from your use or inability to use our Services or any matter relating to our Services and our Site.
13.8. Without limiting the foregoing, Hypotek is a legal entity in its own right with its own distinct legal personality, and the User therefore acknowledges that our shareholders, directors, officers, employees and consultants shall not, under any circumstances, be held liable for any damages you may suffer as a result of your use of the Site and the Services offered;
13.9. Notwithstanding the foregoing, if we are found liable, our liability to you or any third party is limited to the greater of the following amounts:
13.9.1. All sums paid by you to Hypotek (excluding taxes and disbursements) in consideration for the Services offered on the Site during the six (6) months preceding the act giving rise to your liability claim
OR;
13.9.2. Two hundred and fifty Canadian dollars (CAD 250.00).
13.10. Unless otherwise specified, the exclusion and limitation of liability clauses shall also apply to any subsequent amendments to these Conditions, as the case may be.
13.11. The present disclaimers of Hypotek contained in the Conditions shall apply to the extent that such disclaimers are not contrary to public policy.
14.1. The User expressly acknowledges that the Site is deemed to be based in Terrebonne, judicial district of Terrebonne, province of Quebec, Canada. These Terms and Conditions shall be governed by and construed in accordance with the laws of the Province of Quebec and the laws of Canada applicable therein.
14.2. These Terms are deemed to have been accepted at Hypotek’s head office located at 227, boulevard des Braves, Suite 102, Terrebonne (Québec), J6W 3H6.
14.3. The User and Hypotek (hereinafter collectively the “Parties”) agree that any disagreement or dispute between them as well as any disagreement or dispute relating to these Terms, the Policy or arising from their interpretation or application shall be subject to negotiation in good faith. To this end, the Parties hereto undertake to participate in at least one negotiation meeting by delegating a person with decision-making authority or, with the mutual agreement of the Parties, to mandate a civil mediator, with each Party paying half of the mediation costs.
14.4. If no agreement is reached, any disagreement/dispute between the Parties as well as any disagreement/dispute relating to these Terms or the Policy (or arising from their interpretation or application) shall be submitted exclusively and finally to confidential civil arbitration (to the exclusion of the courts) under the laws of Quebec.
14.5. Unless the Parties agree otherwise in an arbitration agreement, the arbitration shall be conducted by technological means (e.g. Microsoft Teams) or in person in the judicial district of Terrebonne, under the aegis of a sole arbitrator and shall be conducted in accordance with the rules of law and the provisions of the Code of Civil Procedure of Quebec, in force at the time of such dispute.
All arbitration costs shall be borne equally by the Parties.
The arbitral award will be confidential, final, enforceable, without appeal and binding on the parties.
15.1. Hypotek reserves the right to modify these Terms at its sole discretion and without prior notice.
15.2. The present Terms may also be replaced by Additional Terms relating to the Content and Services offered by the Site (hereinafter the “Additional Terms”). Where applicable, the Additional Terms will be published on the relevant pages of the Site so that you can accept them in due course. These Additional Terms shall supersede any prior terms and conditions with which they conflict or are inconsistent.
16.1. Hypotek wishes to remind you that at any time, without notice, at its sole discretion and subject to applicable law, we may alter, modify, add or remove clauses to these Terms. This may result from a court order, a need to adjust to the technical requirements of the Site or the Services offered, for example. At all times, your continued use of the Site constitutes your acceptance of and consent to the various changes to the Terms.
16.2. In the event of any discrepancy between the English and French versions of these Conditions, the French version shall prevail.
16.3. In the event that any provision of these Terms is found by a court of law to be invalid, the invalid or unenforceable provision shall not affect the enforceability of the remaining provisions of these Terms. In this sense, the other clauses of the Conditions will remain in force and will continue to apply in accordance with their essence and purpose.
16.4. These Terms represent the entirety of the rights and obligations governing the relationship between the User and Hypotek with respect to the Site and the Services offered. The current Conditions are therefore the only valid clauses that can serve as interpretative benchmarks and guideposts for any future interaction between the Parties.
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