Last Revised: January 17, 2024
This Terms of Use Agreement (this "Agreement") governs your access to and use of the website located at www.comparehealth.ca (the "Website"), together with services and applications which are made available through the Website.
CompareHealth Inc. (“CompareHealth”) owns the Website and such services and applications, or contracts with third parties to provide them to you. CompareHealth serves only as the platform provider, and any decisions regarding the marketing, soliciting, and purchase of insurance products and services are solely those of the insurer, Advisor, Client and Lead (as those terms are defined below) and not CompareHealth.
In consideration for your right to access and use the Website and the Services, you agree to the terms and conditions set out below.
As used in this Agreement, “you” means (and “your” refers to) the user of the Services, “we” means (and “us”, “our”, and “ours” refer to) CompareHealth, and “Services” means any and all services and products that are made available on or through the Website or apps we offer from time to time, unless otherwise provided herein. The effective date of this Agreement is when you accept it, in accordance with the terms and conditions that are set out below.
IMPORTANT! YOUR ACCESS TO COMPAREHEALTH AND THE SERVICES IS SUBJECT TO LEGALLY BINDING TERMS AND CONDITIONS. CAREFULLY READ ALL OF THE FOLLOWING TERMS AND CONDITIONS BEFORE YOU PROCEED. ACCESSING AND USING THE SERVICES IS THE EQUIVALENT OF YOUR SIGNATURE AND INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS AND THAT YOU INTEND TO BE LEGALLY BOUND BY THEM. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, DO NOT USE THE SERVICES.
You can view, print, download or save this Agreement at any time under the “Terms of Use” link on the Website.
CompareHealth is an online platform that makes quoting, comparing, and reviewing personal health and replacement health insurance plans easy for Leads, Clients, and Advisors in Canada by creating Generated Quotes for these health insurance products and services offered by insurers, on-demand, or connecting Leads with Advisors (as these terms are defined below) upon request.
A Client accesses our Services through a Client Quoter (as that term is defined below) provided by an Advisor or from an Advisor creating a Generated Quote on behalf of the Client. A Lead accesses our Services through our Website without an Advisor or, if we share the Lead’s information with an Advisor, through an Advisor that creates a Generated Quote on behalf of the Lead if requested by the Lead.
If you are not an Advisor, Client or Lead (as those terms are defined below) and wish to use our Services, you must contact us at hello@comparehealth.ca prior to using our Services.
If you solicit insurance products and services, please start at Part 1(b) - Advisors.
Part 1(a) - Leads
Part 1(a) applies only to Leads (as that term is defined below in this Part). As used in this Part 1(a), "you” means (and "your" refers to) a Lead, as the case may be.
“Lead” means a visitor to our Website with a personal need and desire to buy personal health or replacement health insurance plans for personal use, does not solicit insurance products, nor has directly initiated contact previously with an Advisor (as that term is defined below) who is a user of our Services.
Leads will have the ability to input and submit a form on our Website that captures basic details like a province, date(s) of birth, and some preferences (“Questionnaire”) to review hidden and limited results of personal health and replacement health insurance plan information and quotes offered by insurers based on the basic details provided (“Generated Quote”) at no charge. Information in the Generated Quote provided to a Lead at no charge will be hidden and limited at our sole discretion, such as, but not limited to, limiting the number of plan results, redacting plan names, details, and cost breakdowns.
After submitting details in the Questionnaire and accepting the disclaimer before viewing the Generated Quote, Leads can review the hidden and limited information in the Generated Quote, voluntarily provide personal contact information to be shared with an Advisor, who may provide a new Generated Quote on the Lead’s behalf at no charge to the Lead, or pay us a one-time fee plus applicable taxes to instantly access all hidden and limited information in the Generated Quote and additional comparison tools.
Each Generated Quote submitted by a Lead is based on the Lead’s details, including province, sex and date of birth(s). If the Lead pays us a one-time fee plus applicable taxes to access all hidden and limited information in the Generated Quote and additional comparison tools, Leads may modify other comparison criteria, such as specific benefits, without further charge for up to sixty (60) days. Leads access the Generated Quote by using a unique link emailed to the Lead after paying us a one-time fee plus applicable taxes. Leads may be unable to modify specific details like any date(s) previously entered. After sixty (60) days, the Generated Quote is no longer accessible.
If a Lead does not provide us with personal contact information and closes the browser session, the Lead’s details will not be available for future reference. Leads do not register for a CompareHealth account and provide personal contact information to have an Advisor contact the Lead.
Paying to access all hidden and limited information and comparison tools in a Generated Quote or requesting an Advisor contact the Lead requires submitting personal contact information, including a name, telephone number and email address. When you share this information, you agree to provide accurate, current, and complete information about you and update it as necessary. By providing your information, you are consenting to be contacted by an Advisor who will have access to your personal contact information, including the information you provided in the Questionnaire. The Advisor may request additional information.
We reserve the right to refuse access of our Services to Leads, that we deem inappropriate, in our sole discretion. If you do not provide accurate, current and complete information, you may be refused access to our Services. If you use the Services, you are solely responsible for maintaining the confidentiality of your information, and you agree to accept responsibility for all activity that occurs. When you provide information to us, you represent and warrant that you have legal authority to do so. In particular, you represent and warrant that: you are entitled to submit the information to us; the information is accurate; and the information is not confidential, in violation of any contractual restrictions or third-party rights.
Part 1(b) – Advisors
Part 1(b) applies only to Advisors (as those terms are defined below in this Part). As used in this Part 1(b), "you” means (and "your" refers to) an Advisor, as the case may be.
Advisors enroll for a monthly subscription, which provides direct access to our Services through a login account (“Advisor Account”). The Advisor Account provides an Advisor access to our Services and other administrative functions, including managing provinces and insurers, inputting unique commission links for insurers to be credited for sales, viewing subscription payments, upgrading or downgrading subscription Tiers (as that term is defined below) and accessing other Tier-specific features if applicable.
Advisors can create a maximum number of Generated Quotes (as that term is defined below in this Part) each Billing Period (as that term is defined below) outlined in the chosen Tier (as that term is defined below). Advisors must accept the disclaimer before viewing a Generated Quote.
Each “Generated Quote” provides results of personal health and replacement health insurance plan information and quotes offered by insurers based on the Client’s or Lead’s (if provided to you by us) province, sex, date of birth (required) and other criteria (optional). A “Client” is a customer or prospective customer of an Advisor, identified by province, date of birth and sex. CompareHealth will assign a unique alphanumeric ID (“Quote ID”) for each Generated Quote. Advisors may modify other comparison criteria in the Generated Quotes, such as the Client’s or Lead’s family details and specific benefits requested by the Client or Lead, without further charge for up to sixty (60) days.
The maximum number of Generated Quotes available to an Advisor in a Billing Period for a subscription level through our Website and may include other features (“Tier”). Advisors may upgrade or downgrade their Tier to accommodate usage at any time in their Advisor Account. Any unused Generated Quotes available in a Tier do not carry forward to the subsequent Billing Period and cannot be shared between accounts. A Tier may also provide additional benefits not available in other Tiers or may not be publicly displayed on the Website.
Some features in an Advisor Account may be Tier-specific, such as, but not limited to, allowing Clients to create their own Generated Quotes with limited results based on the provinces and insurers specified by the Advisor (“Client Quoter”) and lead-generation resources, if available. A Client that submits information through the Client Quoter uses one (1) Generated Quote available in the Advisor’s account. If a Generated Quote is unavailable, no Quote ID is assigned, Clients or Advisors cannot review results, and the Advisor will not receive an email notification. If a Generated Quote is available, a Quote ID is assigned, Clients can review limited results of personal health and replacement health insurance plan information and quotes offered by insurers based on the basic details provided, and the Advisor will receive an email notification with information like the Client’s contact information and Quote ID for the Advisor to access in the Advisor Account for up to 60 days. Advisors must contact Clients that use the Client Quoter. Clients cannot access a Generated Quote at a later time and must contact the Advisor.
To register, insurance brokers who are independent or affiliated with a Brokerage (as that term is defined below) or insurer (“Advisors”) must sign up and create an account using the Services to access the Advisor Account and use its features.
A “Brokerage” is an insurance organization with more than one affiliated Advisor or a managing general agent (MGA).
ONLY ONE ADVISOR PER ADVISOR ACCOUNT IS ALLOWED. THE ONLY EXCEPTION IS AN ADVISOR THAT GIVES ACCESS TO A MAXIMUM OF ONE (1) STAFF MEMBER THAT PROVIDES ADMINISTRATIVE SUPPORT TO THE ADVISOR ONLY. A BROKERAGE MUST REQUIRE A SUBSCRIPTION FOR EACH ADVISOR THAT ACCESSES OUR SERVICES.
Creating an Advisor Account requires submitting certain information, including a name, email address and password. When you register an Advisor Account, you agree to provide accurate, current, and complete information about your organization and update it as necessary.
We reserve the right to refuse access of our Services, registration of accounts, or to cancel any existing accounts, that we deem inappropriate, in our sole discretion. If the Tier includes access to the Client Quoter, the Advisor of that account must hold the applicable licence(s) in the selected provinces to use this feature. If you use the Services, you are solely responsible for maintaining the confidentiality of your account and password, and you agree to accept responsibility for all activity that occurs under your account, including the activity of Clients that use the Client Quoter. We are not responsible for updating your account. When you provide information to us, you represent and warrant that you have legal authority to do so. In particular, you represent and warrant that: you are entitled to submit the information to us; the information is accurate; and the information is not confidential, in violation of any contractual restrictions or third-party rights.
We may provide you access to Leads that use our Services and request an Advisor. Advisors may require a specific subscription Tier to have access to Leads. If we provide you with the personal contact information of a Lead by email who used our Services, you must either contact them within forty-eight (48) hours using the provided contact information or let us know that you refuse the Lead by replying to the email we send you within that timeframe. We can delegate any Leads to Advisors and revoke access at any time at our sole discretion. We may initially request details from you, including but not limited to the provinces in which you hold a valid insurance licence to sell personal health and replacement health insurance plans, to ensure the Leads we delegate to you apply to your business. You must inform us immediately in writing if any Leads you receive are in a province where you do not hold a valid insurance licence. We do not verify or monitor your license status in any province you tell us and are not responsible for updating this information, including changes to new or existing licences you hold, unless you ask us in writing.
Part 1(c) - Advisors and Leads
For Part 1(c), "You" means (and "your" refers to) an Advisor or Lead, where applicable and as the case may be.
A Generated Quote is based on the minimal information provided by you in the Questionnaire and may not include all available options offered by insurers. We provide you with quotes and comparisons for insurance products and services, but you are ultimately responsible for your decision to pursue a particular opportunity. We take no part in any communication you have with these parties, such as Clients, Advisors, Brokerages, Leads, insurance representatives, and insurers, and we are not responsible for, or a party to, any agreements you may enter into with these parties, including, but not limited to, the offering of insurance products and services. CompareHealth does not endorse any Clients, Advisors, Brokerages, Leads, insurance representatives, or insurers that may contact you through our platform (where applicable and as the case may be). While we facilitate connections, we are not responsible for the actions, advice, or agreements you may enter into with these entities. Your interactions with these entities are solely your responsibility. Advisors that contact a Client or Lead must comply with all laws, regulations, and best sales practices.
For all remaining parts and subsequent sections of this Agreement, "You" and “user” means (and "your" refers to) Advisors and Leads, where applicable and as the case may be.
TERMS OF PAYMENT: Terms of payment are as set out below and on the Website from time to time.
PRICE: The Services provided to you are sold on the following basis:
These prices (and any other charges in connection with your use of the Services, collectively referred to as the “Fees”) will be set out on the Website or otherwise in the Services, from time to time.
For Advisors: at any time, in our sole discretion, we reserve the right to change the Fees, provided at least fourteen (14) days' notice is provided to you. Any changes to the Fees which involve a monthly subscription fee will take effect in the Billing Period immediately following our notice to you. Your use of the Services after notice is given confirms your acceptance of such terms.
BILLING SCHEDULE
Advisors: Advisors are each billed a monthly fee in advance for access to the Services, commencing on the day you sign up for an Advisor Account and on the same date for each subsequent month thereafter during the term of this Agreement (“Billing Period”). The Billing Period may change for Tier upgrades or downgrades. Any fees for Leads will be on an ad hoc basis.
Leads: A one-time fee only billed when a Lead reviews all hidden and limited information in a Generated Quote.
TIER UPGRADES AND DOWNGRADES:
Advisors may upgrade or downgrade their Tier anytime in the Advisor Account.
Tier upgrades: Advisors will not receive any credit or refund for the remaining Billing Period. Any unused Generated Quotes will carry over to the upgraded Tier for the next Billing Period only and will be forfeited at the start of the next Billing Period. The Billing Period will change to the date the Advisor upgrades their Tier.
Tier downgrades: Advisors will not receive any credit or refund for the remaining Billing Period. The downgraded Tier benefits will take effect on the next Billing Period date. The Billing Period does not change for any Tier downgrades.
FREE SERVICES AND TRIALS: We may offer, in its entirety or any portion thereof, our Services at no charge to you from time to time, and, in our sole discretion, we reserve the right to limit or terminate your use of any free Services at any time without notice.
Advisors: Free Services, used on a trial basis, will terminate thirty (30) days after the initial sign-up date of your Advisor Account. We will not be liable for any damages from using our free Services.
DISCOUNTS: We may also offer, in its entirety or any portion thereof, our Services at a discounted Fee to you, and, in our sole discretion, we reserve the right to limit or terminate your use of any discounted Services at any time without notice. We will not be liable for any damages from the utilization of our discounted Services. Discounts do not carry over when making changes to your account, such as Tier upgrades, downgrades, or cancelling a subscription.
CANCELLATION AND REFUNDS:
Leads: The one-time fee to review all results in the Generated Quote is non-refundable once payment is processed. However, if you encounter any issues, please contact us at hello@comparehealth.ca.
Advisors: You may cancel your subscription anytime by contacting us at hello@comparehealth.ca or in the Advisor Account under ‘My Subscription’. Any unused portion of the monthly subscription fee that has already been paid will not be refunded. However, you will have access to your account until your current Billing Period ends. The Fees are payable regardless of whether or not the Client or Lead ultimately enters into a contractual relationship regarding insurance products and services. Advisors who repeatedly sign up and cancel their subscriptions may be refused registration. Payments for any Leads will be non-refundable.
RENEWALS (Advisors): Your monthly subscription will automatically renew for successive one (1) month periods, at our then-current prices as set out on the Website or through the Services, from time to time until you cancel your subscription upon fourteen (14) days written notice to us.
ACCESS TO SERVICES: To access the Services, you will be required to activate your payment method by entering your credit card information (or such other payment methods as we may offer to you from time to time). If your payment method is declined or invalid, your access to our Services will be restricted until your payment method is activated with a valid credit card.
CURRENCY: Unless stated otherwise, all prices quoted are payable in Canadian currency.
CHARGEBACKS AND DISPUTES: You agree to indemnify and hold harmless CompareHealth and its officers, directors, subsidiaries, affiliates, employees, partners, representatives, agents, licensors and their respective successors and assigns (collectively, its "Others"), against any chargeback costs (plus any related fees) which we are required to pay, as a result of a payment dispute with you or in relation to a payment you have made to us through the Website or the Services.
TAXES: The cost of all applicable taxes arising from your use of the Services shall be added to the Fees that you are responsible for paying us.
THIRD PARTY PAYMENT PROCESSOR Payment of the Fees is processed by and through a third party payment processor, made available to you through the Website. The processing of your payment is therefore conducted by an entity wholly separate from and independent of CompareHealth, and we hereby disclaim absolutely any and all liability, whether direct, indirect, vicarious or otherwise, for the processing of your payment. You acknowledge and agree that we provide access to such third-party payment processors "as is" without any warranties, representations or conditions of any kind. Your use of third-party payment processors is entirely at your own discretion, and you should ensure you are familiar with, and approve, the terms on which such services are provided by the relevant third-party payment processors. We do not have access to your personal credit card details, and your personal details are subject to the security policies and systems employed by the third-party payment processor. As such, you are advised to familiarize yourself with such security policies and systems. Other payment methods may be made available in the future, and you should read this Agreement periodically for the methods that are available.
NO CIRCUMVENTION You may not use any method, equipment, device, software or other means to (or designed to) circumvent the pricing structure set out in this Agreement and which otherwise applies to the use of the Services. Without limiting the generality of the foregoing, Advisors or Leads may not work in concert with other Advisors or Leads for the purpose of sharing login account details (Advisors) or unique links containing Generated Quote details unless an Advisor shares login account details with a maximum of one (1) staff member that provides administrative support to the Advisor only. Advisors and Leads cannot share any details of Generated Quotes that contain the same identifying elements, such as a province or date of birth of another Client or Lead. You may not resell our Services to anyone else. You agree that we have the right to monitor and audit your use of the Services, and that, as part of that right, we may, on fifteen (15) days' notice to you, inspect your records, systems and facilities, to verify that your use of the Services conforms to the terms and conditions of this Agreement (including the pricing provisions thereof). You agree to promptly pay any fees which we determine, acting in our sole discretion, acting reasonably, ought to have been charged. In addition to such payment rights, we reserve the right to seek any other remedies available at law or in equity, whether under this Agreement or otherwise, including, without limitation, immediately terminating your access to the Services without any refund. Advisors who repeatedly sign up and cancel their subscriptions may be refused registration. Do not create an account for any individual or party outside your organization or immediate family.
This platform helps Clients (via the Client Quoter), or Leads quote and compare insurance products and services for personal use only and does not require registering for a CompareHealth account. Advisors must register and have a CompareHealth subscription through our Website to access and use our Services. Advisors using our Services available for Leads and Clients, or Leads and Clients using our Services available for Advisors is STRICTLY PROHIBITED.
Leads: You agree that you will only use the Services for the purpose of reviewing Generated Quotes and comparisons or connecting with an Advisor for assistance. The Services may require you to input detailed information, including information about your health. When sharing information with an Advisor, we request your name, telephone number and email. Completing a payment to review all hidden and limited information in a Generated Quote may require additional information like your mailing address. In any event, you represent and warrant that you have permission from each member to input their information for use in the Services.
Advisors: You agree that you will only use the Services for the purpose of creating and reviewing Generated Quotes and assisting Clients and Leads. The Services may require you to input detailed information regarding Clients and Leads, including information about their health. We do not request a Client’s or Lead’s name or any identifying information in your account, nor is it required for the purposes of the Services (unless a Client or Lead voluntarily provides that information when creating a Generated Quote). In any event, you represent and warrant that you have permission from each Client or Lead to input their information for use in the Services, including, but not limited to, the use of the Client Quoter feature. If your Tier includes access to the Client Quoter (as set out on the Website), a Client would voluntarily provide their name, telephone number and email to access all Generated Quote details. The Client’s personal contact information is only shared by email with you and not stored in your account.
You also agree that you will only use the Services to cause quotes and other commercial electronic messages to be forwarded to individuals with whom you have an “existing business relationship”, an “existing non-business relationship”, a “personal relationship” or a “family relationship”, as those terms are defined in the statute known as An Act to promote the efficiency and adaptability of the Canadian economy by regulating certain activities that discourage reliance on electronic means of carrying out commercial activities, and to amend the Canadian Radio-television and Telecommunications Commission Act, the Competition Act, the Personal Information Protection and Electronic Documents Act and the Telecommunications Act (Canada) (“CASL”), or that you otherwise have valid consent to send commercial electronic messages to the recipient in a manner that conforms to CASL’s requirements:
Part 2 - General Terms and Conditions
Part 2 applies to all users of the Services who access the Website.
You consent to our collection, use and disclosure of the personally identifiable information you provide to us when you register for and use the Services, in accordance with our Privacy Policy. You can click here to review our Privacy Policy, which explains what personally identifiable information we collect, how we use it and with whom it is shared.
When you visit the Website, use the Services or send an email to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
We may revise this Agreement, at any time, by updating this posting. We may provide notice to you of such revisions by means of a general notice on the Website. Your continued use of the Services after such revisions are posted will signify your agreement to these revised terms. Therefore, you should visit this page periodically to review this Agreement.
Our Content: Except for Your Content (which is discussed below), all materials displayed or otherwise accessible on the Website or through the Services, including, without limitation, text, photographs, images, illustrations, graphics, icons, code (collectively, "Our Content") and the selection and arrangement of Our Content on the Website are protected by copyright, pursuant to Canadian copyright laws, international conventions and other copyright laws. We either own the intellectual property rights, including copyright, or have acquired the necessary rights or licences, in Our Content. Portions of Our Content may have been licenced to us or otherwise been made available from third parties. Any reproduction, modification, publication, transmission, transfer, sale, distribution, display or exploitation of the Website or Our Content, other than for the purpose of providing Generated Quotes, whether in whole or in part, without our express written permission, is strictly prohibited. The display of Our Content does not imply that you have been granted a licence by us or other entities with respect to it.
Your Content: You retain ownership in and to materials you submit to us, including, without limitation, your text, photographs, images, illustrations, graphics and icons (collectively, "Your Content"), but you agree to grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide licence to use Your Content, as we see fit, in our sole discretion, for the purpose of providing the Services and supporting our operation of the Services, generally, in accordance with our Privacy Policy. We reserve the right to disclose Your Content, at any time, as is required to comply with applicable laws, and the right to remove any of Your Content that is in violation of the terms and conditions of this Agreement. You also agree that any rights you assert in and to Your Content will be subject to standards of commercial reasonableness. You may request deletion of Your Content, but our ability to delete Your Content may be restricted if you have shared it with others.
Trademarks: Certain words, phrases, names, designs or logos on the Website may constitute trademarks, services marks, or trade names that are owned by us or others. The display of such marks on the Website does not imply that you have been granted a licence by us or others with respect to them.
If you believe in good faith that any material that is made available on the Website infringes your copyright, or if you have any other complaints about your use of the Services, please contact us at hello@comparehealth.ca. You can also contact us if another member provides content or otherwise uses the Services in a way that you find objectionable. While we are not responsible for how others use the Services, we will make commercially reasonable efforts to make your use of the Services enjoyable.
Subject to the terms and conditions of this Agreement, you are granted a limited personal, non-exclusive, non-transferable, revocable licence to access, view and use the Website, including a limited licence to download, print and store single copies of Our Content from the Website, for your personal use, provided that you maintain all copyright and other notices contained in such items and you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, in the Website. Except for the purpose of providing Generated Quotes, Our Content must not be reproduced, republished, or disseminated in any manner or form without our prior written consent or the prior written consent of the third parties from which such information was collected, as the case may be.
While you use the Services, you must comply with all applicable laws, rules and regulations, as well as this Agreement and our Privacy Policy. In addition, your use of the Services is based on the following rules of conduct. You will not:
Any person who is found or reasonably suspected to have violated the rules of conduct provided above may be barred from using the Website, in our sole discretion, and may be subject to other legal remedies.
Storage or Deletion of Content: You agree that we have no responsibility or liability for the deletion of, or the failure to store or to transmit, any information maintained by us, including, without limitation, Your Content and Our Content. We will provide you access to Your Content, through your use of your account (Advisors), but we are not responsible for copying, extracting or otherwise transferring Your Content to you.
Limits on Storage: We retain the right to create limits on use and storage, at our sole discretion, at any time, with or without notice.
Our Access to Stored Content: We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary, including, without limitation, Your Content, to: (a) satisfy any applicable law, regulation, legal process or governmental request; (b) enforce this Agreement, including investigation of potential violations hereof; (c) detect, prevent, or otherwise address fraud, security or technical issues; (d) respond to user support requests; or (e) protect our rights, property or safety, our users or the public. We will not be responsible or liable for the exercise or non-exercise of our rights under this Agreement.
Industry Analysis: We reserve the non-expiring right to use, disclose and transfer for value (for commercial purposes or otherwise) the textual and numerical statistical portion of all data in the Services at any time, provided that such data shall not be singularly isolated and labelled as a particular Brokerage, Advisor, Client or Lead’s data.
We may make customer service features available to you, as a courtesy only, such as technical support by telephone and email. We are not obliged to provide customer service to you and our decision to do so shall not create an obligation to provide additional customer service to you.
No Endorsement or Responsibility: The Website may include links to other websites, solely as a convenience to users. We do not endorse any users, linked websites or the information, material, product, services or opportunities created by, listed in, or contained on linked websites or accessible through other users or linked websites. We make no express or implied warranties with regard to the information, material, product, services, or opportunities that are contained on or accessible through other users and linked websites.
Use at Your Own Risk: Your access to and use of other users' and linked websites, including information, materials, products, services, and opportunities on linked websites or available through other users' and linked websites, is solely at your own risk and, with respect to linked websites, is governed by the terms of service of the linked website. If there is any conflict between this Agreement and any of the terms or notices set forth on any other website, then the terms of that other website will control your use of that link. Please review the terms of use for each link so that you understand all of the terms that will apply. You should note that the Internet is an inherently insecure medium, and sending any online communication provides no guarantee of successful delivery. Care should be taken to ensure that the content of your online communication is not sensitive or confidential, since we can take no responsibility for communication which is lost, delayed, or misdelivered.
Linking to the Website: Please request permission to link to the Website prior to linking to the Website. We reserve the right to cancel and revoke any permission we may give to link to the Website at any time, for any reason, without any notice, and without any liability to you or any other person.
NO WARRANTY: EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, WE DO NOT MAKE OR GIVE ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES AS TO UNINTERRUPTED OR ERROR FREE TRANSACTIONS, PRIVACY, SECURITY, MERCHANTABILITY, QUALITY, TITLE, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE.
Use at Your Own Risk: Access to the Services is provided "as is" and without warranties of any kind, either express or implied. By accessing and using the Services, you acknowledge and agree that it is entirely at your own risk. We are not responsible for your reliance on the Services. While we try to keep the Services available without interruption, we are not responsible for ensuring the Services are available or that they will convey information to anyone, on your behalf. We recommend that you review each insurer’s website and other information provided by that insurer before you conclude any purchase of insurance products and services.
Agreements and Interaction with Others: The Services provide you with Generated Quotes for the purposes of comparing insurance products and services. WE DO NOT SELL OR ENDORSE INSURANCE, AND WE ARE NOT A PARTY TO ANY RELATIONSHIPS OR AGREEMENTS YOU MAY HAVE WITH CLIENTS, ADVISORS, BROKERAGES, LEADS, INSURANCE REPRESENTATIVES, AND INSURERS, AND AS SUCH, YOU ARE SOLELY RESPONSIBLE FOR ALL AGREEMENTS AND ARRANGEMENTS YOU ENTER INTO, AND INTERACTION YOU HAVE, WITH THESE PARTIES, INCLUDING, BUT NOT LIMITED TO: (A) SUITABILITY FOR A PARTICULAR PURPOSE; (B) ACCURACY OF DATA OR INFORMATION; AND (C) ANY CONDUCT OF ANY OTHER CLIENTS, ADVISORS, BROKERAGES, LEADS, INSURANCE REPRESENTATIVES, AND INSURERS. YOU AGREE THAT YOU WILL HAVE NO RECOURSE OR REMEDY AGAINST US, EXCEPT AS EXPRESSLY SET OUT IN THIS AGREEMENT. WE DO NOT CONDUCT BACKGROUND CHECKS OR INVESTIGATIONS ABOUT CLIENTS, ADVISORS, BROKERAGES, LEADS, INSURANCE REPRESENTATIVES, AND INSURERS, OR VERIFY ANY STATEMENTS THEY MAKE. WITHOUT LIMITING THE FOREGOING, WE MAKE NO REPRESENTATIONS ABOUT, AND DO NOT GUARANTEE, AND YOU AGREE NOT TO HOLD US RESPONSIBLE FOR THE QUALITY OR SUFFICIENCY OF ANY INSURANCE PRODUCTS AND SERVICES.
Third Party Information: WE TAKE NO RESPONSIBILITY FOR AND DO NOT ASSUME ANY OBLIGATION TO REVIEW OR PRE-SCREEN ANY INFORMATION FROM THIRD PARTIES THAT IS MADE AVAILABLE THROUGH THE SERVICES, INCLUDING, BUT NOT LIMITED TO, INFORMATION CONTAINED WITHIN A GENERATED QUOTE. WE SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, COMPLETENESS, CORRECTNESS, TIMELINESS OR USEFULNESS OF THIRD PARTY INFORMATION. WE ARE NOT RESPONSIBLE FOR ANY MATERIALS OR INFORMATION ON THE WEBSITE OR ANY LINKED WEBSITE THAT YOU MAY FIND OFFENSIVE, UNDESIRABLE OR OBJECTIONABLE.
Verification: We are not responsible for verifying your identity, the identity of anyone who uses your account, or the identity or legitimacy of any other user, posting, resume, or profile.
No Endorsement: WE DO NOT ENDORSE ANY INSURANCE PRODUCTS AND SERVICES. Although we may undertake additional checks and processes designed to help ensure the information included in Generated Quotes is accurate, we do not make any representations about, confirm, or endorse any insurance products and services. We do not offer professional advice, including, but not limited to, legal, financial, insurance, or accounting advice.
THIS SECTION LIMITS OUR LIABILITY TO YOU AND PROVIDES FOR A RELEASE AND AN INDEMNITY, FROM YOU, IN FAVOUR OF US. PLEASE READ IT CAREFULLY.
LIMITATION OF LIABILITY: UNDER NO CIRCUMSTANCES SHALL YOU BE ENTITLED TO RECOVER ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES FROM US, ARISING DIRECTLY OR INDIRECTLY FROM: (A) ANY BREACH OF THIS AGREEMENT, FUNDAMENTAL OR OTHERWISE; OR (B) ANY OF OUR NEGLIGENCE, ACTS OR OMISSIONS; OR (C) ANY PROVISION, DUTY OR REQUIREMENT OF ANY STATUTE; OR (D) THE CONDUCT, ONLINE OR OFFLINE, OF ANY USER, OR (E) ANY DUTY AT LAW OR IN EQUITY. UNDER NO CIRCUMSTANCES SHALL OUR LIABILITY TO YOU FOR DIRECT DAMAGES YOU SUFFER ARISING OUT OF, RELATED TO OR CAUSED BY THIS AGREEMENT OR YOUR USE OF THE WEBSITE OR THE SERVICES EXCEED A MAXIMUM AMOUNT EQUAL TO THE AMOUNT ACTUALLY PAID BY YOU TO US WITHIN THE TWELVE (12) MONTHS’ PERIOD PRECEDING THE CLAIM, OR $1,000 (WHICHEVER IS LESSER). YOU ACKNOWLEDGE THAT THESE LIMITATIONS OF LIABILITY CONTAINED IN THIS SECTION 12 REFLECT THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT WE WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON LIABILITY.
RELEASE: EXCEPT AS SET OUT IN THIS SECTION 12, YOU AGREE TO RELEASE, REMISE, ACQUIT AND DISCHARGE US FROM ANY CLAIMS, ACTIONS, DEMANDS, COSTS AND EXPENSES OF ANY KIND WHATSOEVER, WHETHER IN CONTRACT, NEGLIGENCE OR TORT, AT LAW OR IN EQUITY, OR BY STATUTE OR OTHERWISE, HOWSOEVER CAUSED, WITH RESPECT TO YOUR USE OF, OR OUR OPERATION OF, THE WEBSITE AND THE SERVICES.
INDEMNITY: YOU AGREE TO INDEMNIFY, SAVE AND HOLD US HARMLESS FROM AND AGAINST ANY CLAIMS, ACTIONS, DEMANDS, JUDGMENTS, AWARDS, DECLARATIONS, ORDERS, SETTLEMENTS, DAMAGES (INCLUDING GENERAL, SPECIAL, PUNITIVE, AGGRAVATED OR EXEMPLARY DAMAGES), LIABILITIES, LOSSES, COSTS, CHARGES, INTEREST AND EXPENSES, OR PROCEEDINGS OF ANY KIND WHATSOEVER WHICH MAY BE INITIATED OR PRESENTED BY ANY OTHER PERSONS, INDIVIDUALS OR OTHER LEGAL ENTITIES, AND WHICH ARISE DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE WEBSITE AND THE SERVICES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU HEREBY AGREE TO PAY ALL COSTS, FEES AND EXPENSES, ON A SOLICITOR AND OWN CLIENT BASIS, WHICH MAY BE INCURRED BY US, RELATING TO YOUR USE OF THE WEBSITE AND THE SERVICES.
SINCE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES OR LIABILITY, SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION 12 MAY NOT APPLY TO YOU.
FOR THE PURPOSE OF THIS SECTION 12, THE TERMS “WE”, "US" AND "OUR" SHALL INCLUDE OUR AFFILIATES AND OURS AND OUR AFFILIATES' RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND CONTRACTORS.
Application of Manitoba Laws: We are physically located, and all activities with respect to the Services and the Website take place, within the Province of Manitoba, Canada. This Agreement will be governed by the laws of the Province of Manitoba and the laws of Canada applicable therein and shall be treated in all respects as a Manitoba contract, without reference to the principles of conflicts of law. In the event of a dispute, you agree to submit to the exclusive jurisdiction of Manitoba’s courts.
Laws Excluded: We expressly exclude the UN Convention on Contracts for the International Sale of Goods, and The International Sale of Goods Act (Manitoba), C.C.S.M. c. S11, as amended, replaced or re-enacted from time to time.
Waiver of Rights: You agree to waive any right you may have to: (a) a trial by jury; and (b) commence or participate in any class action against us related to your use of the Services, the exchange of electronic documents between us or this Agreement and, where, applicable, you also agree to opt out of any class proceedings against us or our licensors.
Agreement in English: The parties hereto have required that this Agreement and all documents relating thereto be drawn up in English. Nous avons demandé que cette convention ainsi que tous les documents qui s’y rattachent soient rédigés en anglais.
Unless otherwise specified, the Website and the Services are presented solely for the purpose of providing information on products and services in Canada. We make no representation that the Website, the Services, Our Content and all other materials on the Website are appropriate or available for use in any particular location. Those who choose to access the Website do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
We will not be liable for failure or delay in our performance of our obligations under this Agreement due to any cause beyond our reasonable control, including, but not limited to: (a) acts of God; or (b) failure or disruptions in third-party-controlled or operated communications facilities; or (c) worms, viruses and other disabling or disruptive software, communications or files.
Suspension of your Use of the Website by you: You may terminate this Agreement at any time, by cancelling your account (Advisors) or you stop using our Services (Leads). Your termination will be effective when we receive notice of your termination.
Suspension of your Use of the Website by us: If you breach any provision of this Agreement, you may no longer use the Website. We may at any time and for any reason, with or without cause, and in our sole discretion, immediately suspend or terminate (in whole or in part) your permission to use the Website or the Services, all without any notice or liability to you or any other person.
No Refunds or Rights on Termination: Except as otherwise set out expressly in this Agreement, we shall not be responsible for refunding or otherwise paying any funds, amounts or credits that we may owe to you if we have suspended or terminated your permission to use the Website or any part thereof. We reserve the right to cease, suspend or interrupt the operation of or access to the Website or any part thereof, and shall not be required to provide any notice in respect of such cessation, suspension or interruption of access, nor shall we have any liability for such cessation, suspension or interruption of access.
Survival: The provisions of Sections that are by their nature intended to survive termination of this Agreement shall survive termination of this Agreement including, but not limited to, Sections 1, 2, 4, 8, 10, 11, 12, 13, 14, 17 and this Section 16.
Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. We may assign this Agreement without restriction. This Agreement contains the entire understanding of the parties with respect to the subject matter hereof, and supersedes all prior and contemporaneous written or oral understandings, agreements, representations and warranties with respect to such subject matter. The relationship between the parties is that of independent contractors. Nothing contained in this Agreement shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise, employment or fiduciary relationship between the parties, and neither party shall have authority to contract for or bind the other party in any manner whatsoever.
If you have any questions about this Agreement, or the Services generally, please contact us at: