(Last modified March 31, 2019)
We reserve the right to modify the TOU from time to time. If there are any changes to the TOU that materially affect your relationship with us, you will be notified upon logging-in to the Services. Your use of the Website or Application following your being notified of any changes to the TOU constitutes acceptance of those changes.
In the TOU, the capitalized terms set out below have the following meanings. Additional definitions may be described throughout the TOU:
“Application” means the mobile application provided to you by The Co-operators and includes any updates to the Application that we may make available to you from time to time. The Application may be described in this TOU as either the “iOS Application” or the “Android Application”, where the TOU relate to the use of the Application with a specific mobile operating system.
“Claims” means a claim for coverage under an Insurance Policy.
“Device” means the smartphone or tablet device onto which you have downloaded the Application. The Device may be described in this TOU as either an “iOS Device” or an “Android Device”, where the TOU relate to a Device that is using a specific mobile operating system.
“Insurance Policy” means an insurance policy that is purchased by you through the Services 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 Services.
“Premium” means the amount payable for the coverage provided by an Insurance Policy.
“Services” means the proprietary software services that The Co-operators has made available to you through the Website and the Application to allow you to get a quote, purchase Insurance Policies, manage your Insurance Policies and submit Claims.
“Slice” means Slice Labs Inc., who have facilitated the provision of the Application, Services and Website by The Co-operators.
“Website” is the website provided to you by The Co-operators that is located at https://duuo.ca, and includes all subdomains of that website, present and future.
PART ONE: PRIVACY STATEMENT AND PERSONAL INFORMATION CONSENT
1. What Information is Collected and How it is Used:
The following describes the personally-identifiable information (information that identifies an individual, or that can be used in conjunction with other information to identify an individual) (collectively, “Personal Information”) that is collected from you when you use the Website, Application or Services and further describes how we will use such Personal Information.
- Account Information. We collect your name and email address to create your account (collectively, the “Account Information”). Account Information is used by us to (i) manage your account, (ii) verify your account log-in credentials, (iii) deliver information about your account or your Insurance Policies when necessary, (iv) in conjunction with other information, determine the Premium to be paid for a particular Insurance Policy, (v) facilitate the purchase of Insurance Policies, (vi) facilitate the processing and payment of your Claim(s), if any, and (vii) to the extent that you have opted-in, to provide you with news and information regarding our products, services and activities.
- Billing Information. To pay the Premium for an Insurance Policy, you will be required to provide us with the following information: credit card holder name, credit card number, credit card expiry date, card security code (CVV), and billing address (collectively, “Billing Information”). Billing Information is used to process credit card transactions relating to your purchases of Insurance Policies.
- Underwriting Information. We collect certain information from you to underwrite your Insurance Policy (collectively, “Underwriting Information”). The Underwriting Information collected differs, depending on the type of coverage that you select. Underwriting Information is used to (i) in conjunction with other information, determine you meet underwriting criteria and the Premium to be paid for a specific Insurance Policy, (ii) process your applications for Insurance Policies, and (iii) investigate, defend or settle Claims.
- Claims Information. When you use the Services to submit a Claim, you may voluntarily submit photographs, videos or documents related to the Claim, which may include Personal Information. These photographs, videos or documents may include geo-location or other metadata, which shall also be used for the purposes described in this Privacy Statement. If you have not previously provided us with your phone number, you will be required to submit this as well. Additionally, you may submit Personal Information, including contact information, about other individuals. All this information is referred to in the TOU as “Claims Information”. By submitting Claims Information about other individuals to us, you represent and warrant that you have their consent and permission to do so, and you shall be solely responsible for any consequences arising from such disclosure. We use Claims Information to investigate, defend or settle Claims, and to communicate with you about your Claims.
In addition to the uses described above, The Co-operators also uses your Account Information, Billing Information, Underwriting Information and Claims Information (collectively “Your Data”) to detect, investigate and prevent fraud, for The Co-operators’ internal business purposes, and for record-keeping, as may be required by law.
2. Security of Your Data
The Co-operators takes your privacy very seriously, and we follow standard industry practices (physical, electronic and procedural) to protect Your Data. The Co-operators uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Website, Application and Services, and these third parties have been selected for their high standards of security, both electronic and physical. For example, Amazon Web Services provides the underlying data storage services and some of the infrastructure necessary to operate the Website, Application and Services.
3. Gathering of Information for Statistical, Analytical, Monitoring and Security Purposes
The Co-operators automatically collects certain anonymous information using third party analytics programs and services such as Google Analytics to help us understand how our users use the Website, Application and Services (collectively, the “Analytic Data”). Analytics Data does not identify you personally. For example, each time you visit the Website, we automatically collect your IP address, browser and computer type, access times, the web page from which you came, and the web page(s) you access (as applicable). When you log in to the Services via the Application we collect similar information. We use Analytic Data to better understand your needs and the needs of the Website, Application or Services users in the aggregate. We also use Analytic Data to keep track of the number of visits to the Website, the specific pages on the Website that are visited, and the number of users of the Application, to identify and remedy bugs and to identify and develop improvements. Finally, Analytic Data may be used to detect, investigate and prevent fraud and violations of the TOU, and for security monitoring of the Services. Analytics Data may be transferred to the third-party analytics program and service providers so that they can provide us with the relevant features of their programs and services.
4. Cookies and Related Tracking Technologies
The Co-operators uses “cookies” on the Website and in the Application. Cookies are small text files placed in the memory of your computer or Device when you visit a website or use an application, to track use and improve your user experience. The Website, Application and Services use “session cookies,” which improve your user experience by storing certain information from your current visit on your computer or Device.
- to facilitate your signing-in to your account on the Website or Application;
- to provide general internal and user analytics;
- to conduct research to improve the content of the Website, Application and Services;
- to facilitate payment processing, and repeated payment processing in the Services; and
- to assist in identifying possible fraudulent activities.
5. Disclosure of Your Data to Third Parties
Except as provided elsewhere in the TOU, The Co-operators does not disclose, sell, rent, trade or license Your Data to third parties. Only the employees, representatives, subcontractors, officers and agents of The Co-operators who are responsible for the management and development of the Website, Application and Services, the management of your Insurance Policies, and the adjudication of your Claims have access to Your Data.
We may share any information we have collected about you or that you have submitted (whether Personal Information or not): (1) in response to subpoenas, court orders, or legal processes; or to establish, protect, or exercise our legal rights or defend against legal claims or demands; (2) if we believe it is necessary to investigate, prevent, or take action regarding illegal activities, fraud, or situations involving potential threats to the safety of any person, or any violation of the TOU; (3) if we believe it is necessary to investigate, prevent, or take action regarding situations that involve abuse of the Website, Application or Services infrastructure or the internet in general (including but not limited to voluminous spamming, denial of service attacks, or attempts to compromise the security of the Website, Application or Services); or (4) with affiliates of The Co-operators. If The Co-operators merges with another entity, is subject to a corporate reorganization, or sells or transfers all or part of its assets relating to the Website, Application or Services, we will require the succeeding entity to assume our obligations under the TOU. The Website and Application are owned by Slice and are operated by Slice on behalf of The Co-operators. Accordingly, Slice uses Your Data and the Analytics Data to operate the Website, the Application, and the Services. In turn, Slice uses certain third-party service providers (collectively “Third-Party Providers”) to supplement the operation of the Website, Application and Services. Your Data is transferred from Slice to these Third-Party Providers, but only to the extent required for the Website, Application or Services to function properly. In addition to the foregoing, Slice may irrevocably anonymize Your Data and then use such anonymized information for the purposes of maintaining and improving its technology.
6. Secured Payments
7. Permissions – iOS Devices
The following iOS Device functions are accessed or modified by the iOS Application when installed on an iOS Device. Where noted, these will function with explicit user permission only. You acknowledge that denying explicit permission may affect or reduce your user experience with the iOS Application and the Services.
- Location – Allows the iOS Application to access your current location (user permission only)
- Notifications – The iOS Application may send you notifications (user permission only)
- Device & App History – The iOS Application may read this log data stored on your Device
- Wi-Fi Connection Information – The iOS Application may retrieve network connectivity and speed information from your Device
- Permissions – Android DevicesThe following Android Device functions are accessed or modified by the Android Application when installed on an Android Device. Where noted, these will function with explicit user permission only. You acknowledge that denying explicit permission may affect or reduce your user experience with the Application and the Services.
- Location – Allows the Android Application to access your current location (user permission only)
- Notifications – The Android Application may send you notifications (user permission only)
- Device & App History – The Android Application may read this log data stored on your Device
- Wi-Fi Connection Information – The Android Application may retrieve network connectivity and speed information from your Device
- Risks Associated with the Internet and Wireless Data Transmission (not applicable in Québec)Despite our best efforts to ensure that third parties will not access or obtain Your Data through your use of the Website, Application or Services, complete confidentiality and security cannot be guaranteed when transmitting data over the internet or via wireless digital technology of any type. Communication via the internet or wireless technology is subject to interception, loss, or alteration. You acknowledge and agree that The Co-operators, Slice, and their respective Representatives are not responsible for damages resulting from the transmission of confidential information (including but not limited to Your Data) over the internet or other wireless technology, and that such transmissions are at your own risk.10. MinorsThe Website, Application and Services are not intended for individuals that are under the age of majority in their province of residence.
11. Transfer of Information Outside of Canada
Your Data may be stored and processed in Canada, the United States or any other country where The Co-operators, Slice, or their Third-Party Providers have facilities, and by using the Website, Application or Services or otherwise submitting information (including Personal Information) to The Co-operators, you consent to the transfer of information to such countries.
If you have any questions about this Privacy Statement or if you wish to inquire about or access Your Data, please contact The Co-operators Privacy Office, 130 Macdonell Street, Guelph, ON, N1H 6P8, 1-888-887-7773
PART TWO: ADDITIONAL TERMS AND CONDITIONS
- General Code of Conduct for Use of the Website, Application and ServicesThe following general code of conduct shall apply to your use of the Website, Application and Services:
- You will not use the Website, Application or Services in any manner that violates the TOU;
- You will not use the Website, Application or Services in any manner that violates any intellectual property rights of The Co-operators, Slice, their Third-Party Providers, or any other third party;
- You will not use the Website, Application or Services 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 Website, Application or Services 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 The Co-operators, 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 The Co-operators, Slice, other Services users, or any other third party;
- You will not: (1) take any action that imposes or may impose (as determined by The Co-operators in its sole discretion) an unreasonable or disproportionately large load on The Co-operators’ (or its third party providers’) infrastructures; (2) interfere or attempt to interfere with the proper functioning of the Website, Application or Services or any activities conducted on the Website or Application, or through the Services; (3) bypass any measures The Co-operators (or its Third-Party Providers) may use to prevent or restrict access to the Website, Application or Services 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 Website or Application; or (5) harvest or scrape any content from the Website or Application; and
- You will use the Website, Application and Services in good faith, and in compliance with all applicable local, provincial, federal, and international laws.
- Use of the ApplicationThe Application is licensed to you, and not sold to you. The Application has been developed and customized by Slice for The Co-operators. The Co-operators grants you the non-exclusive, non-transferable, non-sublicensable, limited right and license to install and use the Application solely and exclusively for your personal use on your Device(s), and as permitted by the usage rules set forth in the App Store Terms and Conditionsfor the iOS Application or the Google Play Terms of Service for the Android Application.You are solely responsible for (and The Co-operators, Slice and their Representatives have no responsibility to you or to any third party for) your use of the Application, any breach of your obligations under the TOU, and for the consequences of such use and any such breach (including but not limited to any loss or damage, direct or indirect, pecuniary or non-pecuniary, which The Co-operators, Slice or their Third-Party Providers may suffer). Where a third party uses the Application on the Device, you are solely responsible for the consequences of such use, including any breach by them of the TOU.3. Accessing and Downloading the iOS Application from the Apple iTunes Store, and Related Acknowledgements
You acknowledge and agree that (i) the TOU are concluded between you and The Co-operators only, and not Apple Canada Inc. or Apple Inc. (collectively, “Apple”); and (ii) The Co-operators, not Apple, is solely responsible for the Application and content thereof. Your use of the Application must comply with the Apple App Store Terms and Conditions, which you are responsible to review from time to time.
You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application.
Apple will have no warranty obligation whatsoever with respect to the Application. As between The Co-operators and Apple, any claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of The Co-operators, or as further specified and limited hereinafter.
You and The Co-operators acknowledge that, as between The Co-operators and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the Application or your possession and use of the Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
You and The Co-operators acknowledge that, in the event of any third-party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, The Co‑operators, not Apple, shall be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
You and The Co-operators acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of the TOU as related to your license of the Application, and that, upon your acceptance of the TOU, Apple will have the right (and will be deemed to have accepted the right) to enforce the TOU as related to your license of the Application against you as a third party beneficiary thereof.
You acknowledge that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
You acknowledge that updates to the iOS Application are subject to the approval of Apple, and The Co-operators, Slice and their respective Representatives shall not be held responsible for any losses or damages, direct or indirect, pecuniary or non-pecuniary, resulting from any delay in the approval of updates by Apple.
To use the Services, 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, or not leave a logged-in account unattended for any period of time. The Co-operators, 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 Services with your account information and accessing your account through any means, and disclaims any responsibility in this regard.
The Co-operators reserves the right to terminate your account, at its sole discretion, at any time and for any reason.
5. Acknowledgements on Your Behalf and on Behalf of Third-Party Insureds
Prior to using the Services 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 eighteen (18) years of age;
- The Insurance Policy purchased through the Services 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.
- Purchase of Insurance PolicyWhen you use the Services 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 information you provided us;
- Any quote provided through the Services 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 and/or credit card account agreement. Premiums do not include applicable sales taxes, which shall be displayed during the checkout process, depending on your location;
- 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.
- Submitting and Processing of Claims
- You shall submit your Claim 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, which shall also be truthful and accurate, to the best of your knowledge.
- Licensed claims adjusters of The Co-operators shall determine the merit of and/or amount payable for your Claim.
- If you are entitled to payment under your Claim, The Co-operators will remit payment to you via the payment method determined by The Co-operators. At The Co-operators’ sole discretion and as specified in the Insurance Policy, The Co-operators 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.
- Proprietary RightsYou acknowledge that: (i) the Application and Website contains proprietary and confidential information that is protected by applicable intellectual property and other laws, and (ii) The Co-operators, Slice and/or third parties own all right, title and interest in and to the Application and Website and content that may be presented or accessed through the Application and Website, including without limitation all Intellectual Property Rights therein and thereto. The Application is being licensed to you and you hereby acknowledge that no title or ownership in the Application is being transferred or assigned and the TOU should not be construed as a sale of any rights in the Application. All rights not specifically granted under the TOU are reserved to The Co-operators, Slice and their respective licensors.For the purposes of the TOU, “Intellectual Property Rights”means any and all rights existing from time to time under patent law, copyright 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 Application or Website, or content that may be presented or accessed through the Application or Website for any purpose; (ii) take any action to circumvent or defeat the security measures deployed or enforced with respect to the Application or Website; or (iii) remove, obscure, or alter The Co-operators’ 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 Application or Website.
The content, arrangement and layout of the Website and Application, 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 The Co-operators and/or 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 The Co-operators and Slice. Any unauthorized use of the content, arrangement or layout of the Website or Application, computer code, images, logos, videos, audio or trademarks found in the Website or Application or any derivative works thereof may violate civil or criminal laws, including but not limited to intellectual property laws, and The Co-operators or Slice may take action accordingly.
If you choose to communicate to The Co-operators suggestions for improvements to the Website or Services (collectively, “Feedback”), The Co-operators 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 The Co-operators and Slice and waive in favour of The Co-operators, Slice, and their respective successors and assigns all your moral rights in the Feedback and agree to provide The Co-operators and Slice such assistance as The Co-operators and Slice may require to document, perfect, and maintain The Co-operators’ and Slice’s rights to the Feedback. You acknowledge and agree that, by providing any Feedback to The Co-operators and Slice, you are not entitled to any compensation or reimbursement of any kind from The Co-operators or Slice under any circumstances.
duuo and duuo by co‑operators are trademarks of The Co‑operators Group Limited. Airbnb, VRBO, HomeAway and any other trademarks, product names, company names or logos presented through the Website, the Application or the Services 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 The Co‑operators or by Slice.
9. Interruption of Service (not applicable in Québec)
From time to time, the Website, Application or Services may be unavailable for brief periods of time due to maintenance or the need to make modifications to the Website, Application or Services. While we will endeavour to make this unavailability as brief as possible, The Co-operators 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 Website, Application or Services, and disclaims any responsibility therefor.
10. Termination of the Website, Application or Services, Your Access Thereto, and the TOU
You agree that The Co-operators, 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 Website, Application or Services (or any portion thereof), immediately and without notice, for any reason, including, without limitation, if The Co-operators believes that you have acted inconsistently with the letter or spirit of the TOU. If The Co-operators terminates your access to the Website, Application or Services, any Insurance Policy already purchased by you shall continue to be operative and effective through its stated expiration date.
The Co-operators may also, in its sole discretion and at any time, discontinue providing the Website, Application or Services, or any part thereof, with or without notice. You agree that The Co-operators 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 Website, Application or Services, or any portion thereof. If The Co-operators discontinues providing the Website, Application or Services, any Insurance Policy already purchased shall continue to be operative and effective through its stated expiration date.
Termination of the Website, Application or Services or your access to the Website, Application or Services shall terminate the TOU as between you and The Co-operators provided that all provisions of the TOU which by their nature should survive termination of the TOU shall survive termination, including without limitation, intellectual property provisions, disclaimers, indemnity and limitations of liability.
11. External Links
In no way will The Co-operators, 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 Website or Application 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.
12. Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE, APPLICATION AND SERVICES, THE INFORMATION THEREON (WHETHER PROVIDED BY THE CO-OPERATORS, OR THIRD PARTIES) OR ANY ACTIVITY ARISING FROM YOUR USE OF THE WEBSITE, APPLICATION OR SERVICES OR THE INFORMATION THEREON OR THE MATERIALS DOWNLOADED THEREFROM IS AT YOUR SOLE RISK. THE WEBSITE, APPLICATION AND SERVICES, ANY MATERIALS DOWNLOADED THEREFROM, AND ANY THIRD PARTY MATERIALS, 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 OF ANY MATERIAL OBTAINED THROUGH THE USE OF THE WEBSITE, APPLICATION OR SERVICES OR ANY OTHER FUNCTIONALITIES OF THE WEBSITE, APPLICATION OR SERVICES, OR LOSSES OR DAMAGES (FINANCIAL OR OTHERWISE) RESULTING FROM (I) YOUR USE OF THE WEBSITE, APPLICATION OR SERVICES, THE INFORMATION THEREON, ANY MATERIALS DOWNLOADED THEREFROM, OR (II) ANY ACTIVITY ARISING FROM THE USE OF THE WEBSITE, APPLICATION OR SERVICES, THE INFORMATION THEREON OR ANY MATERIALS DOWNLOADED THEREFROM.
THE INFORMATION OR RESOURCES PROVIDED THROUGH THE WEBSITE, APPLICATION OR SERVICES, WRITTEN OR PRODUCED BY OR ON BEHALF OF THE CO-OPERATORS 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 WEBSITE, APPLICATION OR SERVICES IS AS ACCURATE AND UP-TO-DATE AS POSSIBLE. HOWEVER, CERTAIN INFORMATION MAY CHANGE, AND ERRORS OR OMISSIONS MAY OCCUR, AND THE CO-OPERATORS 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 WEBSITE, APPLICATION OR THROUGH THE SERVICES.
THE CO-OPERATORS 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 WEBSITE, APPLICATION OR SERVICES, THE INFORMATION THEREON OR ANY MATERIALS DOWNLOADED THEREFROM, AND ANY THIRD PARTY MATERIALS 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. THE CO-OPERATORS, SLICE AND THEIR RESPECTIVE REPRESENTATIVES DO NOT WARRANT THAT: (I) THE WEBSITE, APPLICATION OR SERVICES 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 WEBSITE, APPLICATION OR SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE WEBSITE, APPLICATION OR SERVICES OR ANY CONTENT DOWNLOADED THEREFROM WILL MEET YOUR REQUIREMENTS.
SOME OF THE CONTENT DISPLAYED ON THE WEBSITE OR APPLICATION MAY INCLUDE MATERIALS (INCLUDING WITH RESPECT TO PRODUCTS OR SERVICES) THAT BELONG TO OR ARE PROVIDED BY THIRD PARTIES. YOU ACKNOWLEDGE THAT WE ASSUME NO RESPONSIBILITY FOR SUCH CONTENT, PRODUCTS AND/OR SERVICES.
TO THE EXTENT THAT THE LAW DOES NOT PERMIT A DISCLAIMER OF WARRANTIES, ALL CONTENT ACCESSIBLE ON THE WEBSITE OR APPLICATION, OR ANY OTHER WEBSITE TO WHICH WE LINK, AND ALL OPERATIONS ON THE WEBSITE OR SERVICES ARE WARRANTED ONLY TO THE MINIMUM AMOUNT LEGALLY REQUIRED.
13. Limitation of Liability
THE CO-OPERATORS, 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 WEBSITE, APPLICATION OR SERVICES OR DOWNLOADED THEREFROM, THE USE OF THE WEBSITE, APPLICATION OR SERVICES, ACTIVITIES ARISING FROM YOUR USE OF THE WEBSITE, APPLICATION OR SERVICES, OR ANY THIRD-PARTY MATERIALS ON THE WEBSITE OR APPLICATION OR AVAILABLE THROUGH THE SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE CO-OPERATORS, 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 WEBSITE, THE APPLICATION OR SERVICES OR YOUR USE, MISUSE OR INABILITY TO USE THE WEBSITE, APPLICATION OR SERVICES, EVEN IF THE CO‑OPERATORS OR SLICE 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.
Notwithstanding any other term of the TOU or any act or failure to act by The Co-operators, Slice or their respective Representatives, you agree to indemnify, defend and hold harmless The Co-operators, Slice, their affiliates and its and their respective Representatives from and against any damages, liabilities, costs and expenses (including attorneys’ fees), claims or demands, arising out of (i) your use of or connection to the Website, Application or Services or the information thereon or information downloaded therefrom; (ii) your participation in any activities arising from the Website, Application or Services or the information thereon or information downloaded therefrom; (iii) your violation of, or failure to perform your obligations under the TOU; or (iv) your violation of any rights of a third party.
15. Governing Laws and Jurisdiction
The 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 Website, Application or Services, you agree that any action at law or in equity arising out of or relating to the TOU or your use of the Website, Application or Services 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 the TOU or your use of the Website, Application or Services. Notwithstanding the foregoing, The Co-operators or 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 The Co-operators 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 the TOU, your use of the Services or to any dispute arising therefrom.
The provisions of this section apply to disputes relating to the use of the Website, Application or Services not involving Insurance Policies; disputes involving Insurance Policies are covered by the terms of the Insurance Policy and all applicable laws relating thereto.
16. Miscellaneous Provisions
The Co-operators, Slice and their respective Representatives shall not be liable for any failure to perform their obligations under the TOU where such failure results from any cause beyond The Co-operators 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 The Co-operators acknowledge and agree that Slice is a third-party beneficiary of the TOU as related to your use of the Website, Application and Services, and that, upon your acceptance of the TOU, Slice will have the right (and will be deemed to have accepted the right) to enforce the TOU as related to your use of the Website, Application and Services against you as a third party beneficiary thereof.
The failure of The Co-operators or Slice to enforce any provision of the TOU shall not be deemed a waiver of such provision nor of the right to enforce such provision.
The section titles in the TOU are for convenience of reference only and shall have no legal or contractual effect.