Terms of Use

(Version <1> posted and last modified on February 22, 2021)

Welcome! Please read these terms of use (“TOU“) carefully. In these TOU, any of the terms “we”, “our” “us” or “Duuo” refer to Duuo Insurance Services Inc. The term “you” refers to you, the individual that agrees to these TOU. These TOU are a legal and binding agreement between you and us.

We reserve the right to modify these TOU from time to time. If there are any changes to these TOU, you will be notified upon logging-in to the Platform. Your use of the Platform following your being notified of any changes to these TOU constitutes acceptance of those changes. These TOU govern your use of the Platform. Your use of the Website is governed by the terms and conditions available at https://duuo.ca/legal/

1. Definitions 

In these TOU, the capitalized terms set out below have the following meanings. Additional definitions may be described throughout these TOU:

“Claim” means a claim for coverage under an Insurance Policy.

“Insurance Policy” means an insurance policy that is purchased by you through the Platform that sets out the relevant coverage, limits and terms.

“Insured” means the individual who is, or the individuals who are, the beneficiary(ies) of the Insurance Policy purchased through the Platform.

“Insurer” means the insurer that underwrites your Insurance Policy, as indicated in your Insurance Policy. 

Platform means the proprietary software services that Duuo has made available to you through the Website to allow you to get a quote, purchase Insurance Policies, manage your Insurance Policies and submit Claims. 

“Premium” means the amount payable for the coverage provided by an Insurance Policy.

“Privacy Policy means our privacy policy, as amended from time to time, available at https://duuo.ca/privacy/

“Representatives” means, collectively, the employees, agents, and subcontractors of Duuo, your Insurer and Slice, as the case may be. 

“Slice” means Slice Labs Inc., who have facilitated the provision of the Platform by Duuo. 

Third-Party Providers means any third parties that provide any service or functionality as part of the Platform that are not provided by Duuo or Slice or any of their respective Representatives

“Website”means the website provided to you by Duuo that is located at https://duuo.ca, and includes all subdomains of that website, present and future. 

2. General Code of Conduct for Use of the Platform

The following general code of conduct shall apply to your use of the Platform:
 

  • You will not use the Platform in any manner that violates these TOU; 
  • You will not use the Platform in any manner that violates any intellectual property rights of Duuoyour Insurer, Slice, the Third-Party Providers, or any other third party; 
  • You will not use the Platform in any manner to propagate spam, including but not limited to unsolicited advertising, bulk electronic mail or messages, and communication of links to spam or phishing websites; 
  • You will not use the Platform in any manner to (a) propagate software viruses, Trojan horses, worms, or any other malicious or non-malicious computer code, files or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment in any form whether belonging to Duuoyour Insurer, Slice or a third party, or (b) damage or obtain unauthorized access to any system, data, or other information (whether personal information or not) of Duuoyour Insurer, Slice, other Platform users, or any other third party; 
  • You will not: (1) take any action that imposes or may impose (as determined by Duuo in its sole discretion) an unreasonable or disproportionately large load on Duuo‘s, your Insurer’s, Slice’s or the Third Party Providers’ infrastructure; (2) interfere or attempt to interfere with the proper functioning of the Platform or any activities conducted through the Platform; (3) bypass any measures Duuo, Slice or the Third-Party Providers may use to prevent or restrict access to the Platform or any element thereof; (4) use manual or automated software, devices, or other processes to “scrape”, “crawl” or “spider” any page or services of the Platform; or (5) harvest or scrape any content from the Platform; and 
  • You will use the Platform in good faith, and in compliance with all applicable local, provincial, federal, and international laws. 

3. Accounts

To use the Platform, you are required to create an account. As part of the account registration, you will be asked to choose a password. It is your responsibility to create a password of sufficient strength that cannot easily be discovered by third parties, and that conforms to any password requirements that may be displayed during the registration process.

It is strongly suggested that you log out of your account at the end of every session, and not leave a logged-in account unattended for any period of time. You will be responsible for any losses or damages, direct or indirect, pecuniary or non-pecuniary, resulting from your failure to log out at the end of the session, an unattended logged-in session, or a third party using the Platform with your account information and accessing your account through any means. (not applicable in Québec) Duuoyour Insurer, Slice and their respective Representatives will not be held liable for any losses or damages, direct or indirect, pecuniary or non-pecuniary, resulting from your failure to log out at the end of the session, an unattended logged-in session, or a third party using the Platform with your account information and accessing your account through any means, and disclaims any responsibility in this regard.

(not applicable in Québec) Duuo reserves the right to terminate your account, at its sole discretion, at any time and for any reason. (applicable in Québec only) Duuo reserves the right to terminate your account, in the event you act inconsistently with these TOU.

4. Acknowledgements on Your Behalf and on Behalf of Third-Party Insureds

Prior to using the Platform to purchase an Insurance Policy for your benefit or for your benefit and the benefit of third-party Insured(s), you acknowledge and agree to the following:
 

  • You (and any third-party Insured(s) if applicable) are at least sixteen (16) years of age; 
  • The Insurance Policy purchased through the Platform is for your benefit, or for your benefit and the benefit of another person; and 
  • All the information you provide to us is truthful and accurate, to the best of your knowledge. You agree to provide any additional information pertinent to the underwriting of your coverage for your Insurance Policy, or to conform with any regulatory requirements, when requested by us. This subsection applies equally to any third-party Insureds if applicable, and you represent and warrant that you have permission to provide such information on behalf of the third party, now and in the future. 

5. Purchase of Insurance Policy

When you use the Platform to purchase an Insurance Policy, you acknowledge and agree to the following:
 

  • You (and any third party who is an Insured under the Insurance Policy) are bound by the terms and conditions of the Insurance Policy without qualification. A copy of the Insurance Policy will be made available to you prior to and following your purchase. The Insurance Policy is exclusively based on the information you provide to us, and information we may obtain about you from third parties 
  • Any quote provided through the Platform is non-binding. Once a final Premium is determined, the Premium is firm and in Canadian dollars. The Premium may be converted to other currencies at the time of payment processing, depending on your country of origin or credit card account agreement. Premiums do not include applicable sales taxes, which shall be displayed during the checkout process, depending on your location; 
  • You shall pay the Premium and any applicable sales tax thereon. As described in our Privacy Policy, payment processing of your Premium and any applicable sales taxes is handled through the online payment processor Stripe, Inc. (“Stripe”). Stripe currently accepts certain credit cards (which shall be displayed to you upon making your payment) as payment options, but these are subject to change without notice. Once transactions are accepted by Stripe, they are processed in accordance with Stripe’s program rules and procedures and terms of use. Duuoyour Insurer, Slice and Stripe are unaffiliated companies and Duuo, your Insurer and Slice have no influence on the operations of Stripe. (not applicable in Québec) Duuo, your Insurer and Slice and their respective Representatives shall in no way be held responsible for any losses or damages, direct or indirect, pecuniary or otherwise, resulting from any error or failure on the part of Stripe; and  
  • The terms as outlined in this section are separate and in addition to any terms relating to the purchase of insurance found in the Insurance Policy. 

6. Submitting and Processing of Claims
 

  • You shall submit your Claim through the Platform as soon as possible following the discovery of your loss or damage. 
  • All the information you submit as part of your Claim shall be truthful and accurate, to the best of your knowledge. 
  • You shall provide any additional information pertinent to the processing of your Claim, when requested by us or your Insurer, which shall also be truthful and accurate, to the best of your knowledge. 
  • Licensed claims adjusters of your Insurer shall determine the merit of and amount payable for your Claim. 
  • If you are entitled to payment under your Claim, your Insurer will remit payment to you via the payment method determined by your Insurer. At your Insurers sole discretion and as specified in the Insurance Policy, your Insurer may undertake to repair or replace damaged property. 
  • The terms as outlined in this section are separate and in addition to any terms relating to the processing of Claims found in the Insurance Policy. 

7. Proprietary Rights

You acknowledge that: (i) the Platform contains proprietary and confidential information that is protected by applicable intellectual property and other laws, and (ii) Duuoyour Insurer, Slice and other third parties own all right, title and interest in and to the Platform and content that may be presented or accessed through the Platform, including without limitation all Intellectual Property Rights therein and thereto. All rights not specifically granted under these TOU are reserved to Duuoyour Insurer, Slice and their respective licensors.

For the purposes of these TOU, “Intellectual Property Rights” means any and all rights existing from time to time under patent law, copyright law, industrial design law, trade secret law, trademark law, unfair competition law, and any other applicable law, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide.

You agree that you will not, and will not allow any third party, to (i) copy, sell, license, distribute, transfer, modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from, the Platform, or content that may be presented or accessed through the Platform for any purpose; (ii) take any action to circumvent or defeat the security measures deployed or enforced with respect to the Platform; or (iii) remove, obscure, or alter Duuo‘s, your Insurer’s, or any third party’s copyright notices, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Platform.

The content, arrangement and layout of the Platform, including but not limited to the trademarks, photos, logos, videos, audio, images, text (in the form of plain text, HTML, or PDFs) and computer code are proprietary to Duuo and Slice, either owned or under license, and may not be copied, imitated, reproduced, displayed, distributed, transmitted, decompiled or otherwise used without the express permission of Duuo and Slice. Any unauthorized use of the content, arrangement or layout of the Platform, computer code, images, logos, videos, audio or trademarks found in the Platform or any derivative works thereof may violate civil or criminal laws, including but not limited to intellectual property laws, and Duuo or Slice may take action 

The above paragraph further applies to third party property used as part of the Platform, including but not limited to third party computer code. For the purposes of the present section, “computer code” includes source code, object code, frameworks, CSS or JavaScript files, templates, modules, or any similar files, and related documentation.

If you choose to communicate suggestions for improvements to the Platform to Duuo (collectively, “Feedback”), Duuo and Slice shall own all right, title, and interest in and to the Feedback and will be entitled to use the Feedback without restriction. You hereby irrevocably assign all right, title and interest in and to the Feedback to Duuo and Slice and waive in favour of Duuo, Slice, and their respective successors and assigns all your moral rights in the Feedback and agree to provide Duuo and Slice such assistance as Duuo and Slice may require to document, perfect, and maintain Duuo‘s and Slice’s rights to the Feedback. You acknowledge and agree that, by providing any Feedback to Duuo and Slice, you are not entitled to any compensation or reimbursement of any kind from Duuo or Slice under any circumstances.

Duuo and Duuo by cooperators are trademarks of The Cooperators Group Limited. Airbnb, VRBO, HomeAway and any other trademarks, product names, company names or logos presented through the Platform are the property of their respective owners. Reference to any third-party products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Duuo, your Insurer or Slice.

8. Interruption of Service (not applicable in Québec)

From time to time, the Platform may be unavailable for brief periods of time due to maintenance or the need to make modifications to the Platform. While we will endeavour to make this unavailability as brief as possible, Duuo, your Insurer and Slice shall not be held liable for any losses or damages, direct or indirect, pecuniary or non-pecuniary, resulting from the interruption of the normal functioning of the Platform, and disclaim any responsibility therefor.

9. Termination of the Platform, Your Access Thereto, and these TOU 

  • (not applicable in Québec) You agree that Duuo, in its sole discretion, with or without cause, has the right (but not the obligation) to block your IP address, revoke your account credentials, or otherwise terminate your access to or use of the Platform (or any portion thereof), immediately and without notice, for any reason, including, without limitation, if Duuo believes that you have acted inconsistently with the letter or spirit of these TOU. If Duuo terminates your access to the Platform, any Insurance Policy already purchased by you shall continue to be operative and effective through its stated expiration date.  
  • (applicable in Québec only) You agree that Duuo has the right to block your IP address, revoke your account credentials, or otherwise terminate your access to or use of the Platform (or any portion thereof), immediately and without notice in the event you act inconsistently with these TOU. If Duuo terminates your access to the Platform, any Insurance Policy already purchased by you shall continue to be operative and effective through its stated expiration date. 
  • (not applicable in Québec) Duuo may also, in its sole discretion and at any time, discontinue providing the Platform, or any part thereof, with or without notice. You agree that Duuo shall not be liable to you or any third party for any losses or damages, direct or indirect, pecuniary or nonpecuniary, resulting from the discontinuation of the provision of the Platform, or any portion thereof. If Duuo discontinues providing the Platform, any Insurance Policy already purchased shall continue to be operative and effective through its stated expiration date. 
  • Termination of the Platform or your access to the Platform shall terminate these TOU as between you and Duuo, provided that all provisions of these TOU which by their nature should survive termination of these TOU shall survive termination, including without limitation, intellectual property provisions, disclaimers, indemnity and limitations of liability.

10. External Links

 

From time to time Duuo may provide links to third party websites or services via the Platform (the “Third-Party Resources”). Accessing such Third-Party Resources is solely at your own risk, and your access and use of such Third-Party Resources shall be governed by the terms and conditions applicable to such Third-Party Resources. Duuo provides these links to Third-Party Resources as a convenience to you and Duuo shall not be responsible for the consequences of your use of Third-Party Resources. We encourage you to review the terms of use and privacy policy applicable to each Third-Party Resource that you visit. Duuo does not make any claim or warranty whatsoever about the content of Third-Party Resources to which we link, or any products or services available through Third-Party Resources (whether for free or for purchase) or the third parties operating those Third-Party Resources.

In no way will Duuoyour Insurer, Slice or their respective Representatives be held responsible for any damages, direct or indirect, pecuniary or non-pecuniary: (1) for your use of Third-Party Resources that may be linked to from the Platform or the information thereon; (2) for any virus, Trojan horse, worm or other malicious software or code that you receive as a result of your use of Third-Party Resources; (3) caused by or in connection with, the use of, or reliance on, any content, products or services (whether free or for purchase) available on or through any linked-to Third-Party Resource; or (4) for the actions of the operators of any such Third-Party Resource.

11. Disclaimer of Warranties (not applicable in Québec) 

You expressly understand and agree that your use of the Platform, the information thereon (whether provided by Duuo or third parties) or any activity arising from your use of the Platform or the information thereon or the materials downloaded therefrom is at your sole risk. The Platform, any materials downloaded therefrom, and any Third Party Resources, are provided on an “as is” and “as available” basis, and you will be solely responsible for any damage to your computer system, or device or loss of data that results from downloading, streaming or accessing any material obtained through the use of the Platform or any other functionalities of the Platform, or losses or damages (financial or otherwise) resulting from (i) your use of the Platform, the information thereon, any materials downloaded therefrom, or (ii) any activity arising from the use of the Platform, the information thereon or any materials downloaded therefrom.

The information or resources provided through the Platform, written or produced by or on behalf of Duuo are known to be as accurate as possible at the time of writing or production, and every effort has been made to ensure that the information provided through the Platform is as accurate and up-to-date as possible. However, certain information may change, and errors or omissions may occur, and Duuo, your Insurer and Slice shall not be responsible for any loss or damage, financial or otherwise, resulting from changes or errors in information, or any omission, on the Platform.

Duuo, your Insurer and Slice expressly disclaim all warranties of any kind, whether express or implied, including but not limited to: warranties of title and non-infringement; warranties that the Platform, the information thereon or any materials downloaded therefrom, and any Third Party Resources will be uninterrupted, error-free, accurate, reliable and free from virus and other harmful components; and the implied warranties of merchantability and fitness for a particular purpose. Duuoyour Insurer, Slice and their respective Representatives do not warrant that: (i) the Platform will be secure or available at any particular time or location; (ii) any defects or errors or omissions will be corrected; (iii) any content or software available at or through the Platform is free of viruses or other harmful components; or (iv) the results of using the Platform or any content downloaded therefrom will meet your requirements.

Some of the content displayed on the Platform may include materials (including with respect to products or services) that belong to or are provided by third parties. You acknowledge that Duuoyour Insurer, and Slice assume no responsibility for such content, products or services.

To the extent that the law does not permit a disclaimer of warranties, all content accessible on the Platform, or any other website to which we link, and all operations on the Platform are warranted only to the minimum amount legally required. 

12. Disclaimer of Warranties(applicable in Québec only)

You expressly understand and agree that your misuse of the Platform, the information thereon (whether provided by Duuo or third parties) or any activity arising from your misuse of the Platform or the information thereon or the materials downloaded therefrom is at your sole risk. You will be solely responsible for any damage to your computer system, or device or loss of data that results from downloading, streaming or accessing of any material obtained through your misuse of the Platform or any other functionalities of the Platform, or losses or damages (financial or otherwise) resulting from (i) your misuse of the Platform, the information thereon, any materials downloaded therefrom, or (ii) any activity arising from the misuse of the Platform, the information thereon or any materials downloaded therefrom.

The information or resources provided through the Platform, written or produced by or on behalf of Duuo are known to be as accurate as possible at the time of writing or production, and every effort has been made to ensure that the information provided through the Platform is as accurate and up-to-date as possible. 

To the extent that the law does not permit a disclaimer of warranties, all content accessible on the Platform, or any other website to which we link, and all operations on the Platform are warranted only to the minimum amount legally required.

13. Limitation of Liability (not applicable in Québec)

Duuoyour Insurer, Slice and their respective Representatives shall not be liable, and assume no responsibility, for any loss or damages arising from or relating to the information on the Platform or downloaded therefrom, the use of the Platform, activities arising from your use of the Platform, or any third-party materials available through the Platform.

To the maximum extent permitted by law, in no event will Duuoyour Insurer, Slice or their respective Representatives: (i) be liable for any direct, indirect, incidental, extraordinary, consequential, special, punitive or exemplary damages (including, without limitation, loss of revenue or profits, lost or damaged data, loss of use, business interruption or any other pecuniary loss), arising out of or relating to the Platform or your use, misuse or inability to use the Platform, even if Duuo, your Insurer, Slice or their respective Representatives have been advised of the possibility of such damages. This limitation of liability will apply regardless of the form of action, whether in contract, warranty, tort, negligence, strict liability or under any other legal or equitable theory.

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above exclusions and limitations may or may not apply to you. 

14. Limitation of Liability (applicable in Québec only)

To the maximum extent permitted by law, in no event will Duuoyour Insurer, Slice or their respective Representatives: be liable for any direct, indirect, incidental, extraordinary, consequential, special, punitive or exemplary damages (including, without limitation, loss of revenue or profits, lost or damaged data, loss of use, business interruption or any other pecuniary loss), arising out of or relating to your misuse of the Platform. This limitation of liability will apply regardless of the form of action, whether in contract, warranty, tort, negligence, strict liability or under any other legal or equitable theory.

15. Indemnity (not applicable in Québec) 

Notwithstanding any other term of these TOU or any act or failure to act by Duuo, your Insurer, Slice or their respective Representatives, you agree to indemnify, defend and hold harmless Duuoyour Insurer, Slice, their affiliates and their respective Representatives from and against any damages, liabilities, costs and expenses (including legal and accounting fees), claims or demands, arising out of (i) your use of or connection to the Platform or the information thereon or information downloaded therefrom; (ii) your participation in any activities arising from the Platform or the information thereon or information downloaded therefrom; (iii) your violation of, or failure to perform your obligations under these TOU; or (iv) your violation of any rights of a third party. 

16. Indemnity (applicable in Québec only)

Notwithstanding any other term of these TOU or any act or failure to act by Duuoyour Insurer, Slice or their respective Representatives, you agree to indemnify, defend and hold harmless Duuoyour Insurer, Slice, their affiliates and their respective Representatives from and against any damages, liabilities, costs and expenses (including legal and accounting fees), claims or demands, arising out of (i) your misuse of the Platform or the information thereon or information downloaded therefrom; (ii) your violation of, or failure to perform your obligations under these TOU; or (iii) your violation of any rights of a third party.
 

17. Governing Laws and Jurisdiction

These TOU shall be governed by and construed in accordance with the laws of the Province of Ontario, and the laws of Canada applicable therein, excluding any rules of private international law or the conflict of laws which would lead to the application of any other laws. Regardless of where you access the Platform from, you agree that any action at law or in equity arising out of or relating to these TOU or your use of the Platform shall be filed and adjudicated only in the Superior Court of the Province of Ontario, and any appellate courts therefrom, and you hereby irrevocably and unconditionally consent and attorn to the exclusive jurisdiction and venue of such court over any suit, action or proceeding arising out of these TOU or your use of the Platform. Notwithstanding the foregoing, Duuo, your Insurer, and Slice shall have the right to bring action against you in courts of competent jurisdiction in the jurisdiction in which you reside or are located: (i) to seek injunctive relief against you; (ii) to obtain a judgment against you where a judgment by the Ontario court may, or may not be, enforced by the jurisdiction in which you reside or are located; or (iii) to enforce a judgment obtained against you in the Ontario court.

You and Duuo expressly disclaim the applicability of the terms of the United Nations Convention of Contracts for the International Sale of Goods and any legislation implementing such convention will not apply to these TOU, your use of the Platform or to any dispute arising therefrom.

The provisions of this section apply to disputes relating to the use of the Platform not involving Insurance Policies; disputes involving Insurance Policies are covered by the terms of the Insurance Policy and all applicable laws relating thereto.

18. Miscellaneous Provisions

These TOU constitute the entire agreement between you and Duuo with respect to your use of the Platform, superseding any prior agreements between you and Duuo. When you are an Insured or have purchased an Insurance Policy for the benefit of yourself and a third-party Insured, you (and the third-party Insured as applicable) are also subject to the terms of the Insurance Policy. With respect to disputes regarding an Insurance Policy, in the event of any conflict between these TOU and the Insurance Policy, the Insurance Policy shall prevail. 

Duuoyour Insurer, Slice and their respective Representatives shall not be liable for any failure to perform their obligations under these TOU where such failure results from any cause beyond Duuo, your Insurer or Slice’s reasonable control, including, but not limited to, mechanical, electronic or communications failure or degradation. (this paragraph is not applicable in Québec)

You and Duuo acknowledge and agree that your Insurer and Slice are third-party beneficiaries of these TOU as related to your use of the Platform, and that, upon your acceptance of these TOUyour Insurer and Slice will have the right (and will be deemed to have accepted the right) to enforce these TOU as related to your use of the Platform against you as a third party beneficiary thereof.

If any provision of these TOU is found by a court of competent jurisdiction to be invalid, you and Duuo nevertheless agree that the court should endeavour to give effect to the intention of you and Duuo as reflected in such provision, and the other provisions of these TOU shall remain in full force and effect.

The failure of Duuo, your Insurer or Slice to enforce any provision of these TOU shall not be deemed a waiver of such provision nor of the right to enforce such provision.

The section titles in these TOU are for convenience of reference only and shall have no legal or contractual effect. 

19. Language

These TOU are also available in French on our Website. 

20. Questions?

If you have any concerns, questions or complaints regarding these TOU, please contact us at 1400 One York Street, Toronto, ON, M5J 0B6, 1 833 HEY DUUO (1 833 439 3886), helpme@duuo.ca 

If your concernremain unresolved, you may contact the Ombuds Office at 130 Macdonell Street, Guelph, ON, N1H 6P8, 1 877 720 6733, ombuds@cooperators.ca