Last Revised: February 22, 2025
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 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 Lead, Client, Advisor, External Partner, and Insurer (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, including Leads, Clients, Advisors, External Partners, and Insurers, as applicable. “We” means (and “us”, “our”, and “ours” refer to) CompareHealth, and “Services” means any and all services and insurance products and services 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 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.
For definitions of key terms used in this Agreement and how we handle your information, refer to our Privacy Policy.
CompareHealth's Mission, Role and Responsibilities
At CompareHealth, our mission is to make personal health insurance plans more accessible, easier to understand, and simpler to compare, empowering Canadians to make informed decisions about their health. By equipping Advisors and External Partners with a platform to better support Canadians' evolving health coverage needs and providing Insurers with research tools to assess market competitiveness, CompareHealth helps foster a more informed and competitive marketplace—where everyone benefits.
We provide technology solutions to help Users—Leads, Clients, Advisors, External Partners, and Insurers—compare personal health insurance plans in Canada and facilitate connections. All insurance-related decisions, including research, analysis, comparisons, marketing, solicitation, and purchases, are the sole responsibility of the involved parties. We are an independent, unlicensed platform and do not act as an insurance broker, agent, or intermediary. We do not sell, endorse, or provide recommendations, nor do we bind coverage for any insurance products and services. All information provided is for educational and informational purposes only.
By using CompareHealth, you acknowledge and agree to the following:
Your Roles and Responsibilities
A Lead directly uses our Services to explore personal health insurance plans for personal use identified through criteria such as province, date of birth, sex and insurance preferences. Leads access our Website directly or through an External Partner.
Leads can:
A Quote ID is automatically generated when a Lead submits information to create a comparison for tracking and delegation purposes. The ability for a Lead to modify or store Quote IDs may vary. This email is first received by CompareHealth and then manually forwarded to one or more designated External Partners. See the Privacy Policy for details on how this information is handled.
Leads must ensure their information is accurate and consent to being contacted if they provide contact details.
An Advisor is an insurance broker, whether independent or affiliated with a brokerage or Insurer, who holds the applicable license to sell personal health insurance plans in Canada, who subscribes to CompareHealth to access tools for managing Clients and generating personal health insurance plan comparisons, which assigns a Quote ID.
Key points:
An External Partner is a third-party organization or individual, such as an Insurer, brokerage, or marketing partner, that interacts with Leads provided by CompareHealth to offer insurance products and services. This may also include Advisors who receive Leads in addition to their paid subscription access.
External Partners may participate in CompareHealth’s Lead process in one of two ways:
External Partners cannot act as both a referring partner and a receiving partner simultaneously. An External Partner that generates Leads via referral links cannot purchase or receive Leads from CompareHealth, and vice versa.
External Partners must comply with all privacy laws, obtain valid consent for outreach, and securely handle data. They may not misuse, redistribute, or resell Lead information beyond its intended purpose.
Referral links are granted at CompareHealth’s discretion and require External Partners to meet eligibility criteria. Revenue shares and compensation structures are determined by CompareHealth based on various factors, including referral traffic and agreement terms, and are established in advance through written agreements.
CompareHealth reserves the right to approve, deny, or revoke referral links at any time. If you are interested in becoming an External Partner, please contact us at hello@comparehealth.ca.
If you receive Leads from us, you agree to:
CompareHealth reserves the right to audit interactions with Leads to ensure compliance. Any misuse of Lead information or violating applicable laws may result in revoked access to Leads and other consequences.
A Client is a customer or prospective customer of an Advisor, identified through criteria such as province, date of birth, sex and insurance preferences exploring personal health insurance plans for personal use. Clients access CompareHealth through an Advisor, or through the use of the Client Quoter.
The Client Quoter allows Advisors to customize the personal health insurance plan comparison experience for their Clients. Advisors configuring the Client Quoter tool control elements of the comparison survey, including provinces displayed, Insurers shown, and custom web links assigned to "Apply" buttons. Clicking these links may direct Clients to external websites outside CompareHealth's control. Clients should verify all information with their Advisor or the Insurer before finalizing any decisions and review the privacy policies of any third-party platforms they interact with.
Clients complete a simplified Questionnaire, providing their first and last name, phone number, and email, which is used to generate results. The completed Questionnaire is accessible to the Advisor, who receives an email containing the comparison results and the Client’s contact details. Clients also receive an email with the Advisor's contact details. Advisors also have access to additional filters and tools to further tailor comparisons for their Clients. Clients using the Client Quoter feature generate a Quote ID, which counts toward the Advisor's allocated monthly Quote IDs.
An Insurer or Insurance Provider is an insurance company in Canada offering insurance products and services that may be shown on our Website. Insurers interested in understanding how their insurance products and services compare in the market can request a research license from CompareHealth. As part of this, they may gain access to:
The ability to modify or store Quote IDs may vary based on the licensing agreement. Licensing terms vary based on the number of licenses, tools provided, and the level of access required. CompareHealth works directly with Insurers to create a custom agreement that outlines these details, as well as pricing and renewal terms.
This research access is for internal research and analysis purposes only and cannot be shared publicly, used in marketing materials, redistributed, or resold, and does not permit direct engagement with Leads.
To inquire about research access, Insurers can contact CompareHealth at hello@comparehealth.ca.
This type of access does not involve direct engagement with Leads. However, if an Insurer also participates as an External Partner, they may engage directly with Leads under the same terms and conditions that apply to all External Partners.
How CompareHealth Generates Revenue
CompareHealth generates revenue through multiple channels, including but not limited to:
Revenue terms for specific Services will be outlined in the applicable agreements and are subject to periodic updates.
Advisor, Insurer, and External Partner Account Registration and Usage
Emails & Notifications
CompareHealth may manually or automatically send email notifications from CompareHealth’s official domain (@comparehealth.ca) when a Lead submits information through the Questionnaire to view comparisons, or when a Client uses the Client Quoter feature. These emails may contain comparison results, contact details, confirmations, or next steps related to their request. CompareHealth does not control follow-up actions beyond the initial email notification.
Subscription Tiers and Payment Terms
Subscription Tiers and Payment Terms
Free Trials and Discounts
Upgrading and Downgrading
Advisors can adjust their subscription anytime in their Advisor Account under "My Subscription."
Cancellations
Advisors can cancel their subscription anytime in their Advisor Account under "My Subscription."
For Insurers and External Partners, cancellation terms, including any applicable fees or continued access, will be outlined in the separate agreement established during account setup.
Missed Payments
Payment Processors
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 of, 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.
Taxes and Fees
All fees are charged in Canadian currency and are subject to applicable taxes.
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.
Refunds or disputes regarding Lead purchases will follow CompareHealth’s policies, as outlined in the agreement or communicated directly to the User.
Fees and Adjustments
CompareHealth reserves the right to adjust fees for Services at its discretion. Any adjustments will be communicated to Users at least fourteen (14) days in advance unless otherwise agreed in writing. Such adjustments will apply to subsequent billing cycles.
Platform Disclaimers and Limitations
CompareHealth does not sell, recommend, endorse, or guarantee any insurance products and services, Insurer, Advisor, or External Partner. Sponsorships or advertising may influence product visibility, but CompareHealth remains committed to unbiased and accurate comparisons.
CompareHealth provides informational tools but does not guarantee the accuracy, completeness, or timeliness of displayed rates, personal health insurance plan details, or other data. Users are responsible for verifying information directly with Insurers.
CompareHealth does not determine the suitability of insurance products and services and makes no guarantees about their quality or appropriateness. Users should consult licensed professionals before making decisions.
All insurance agreements are solely between the Lead, Client, Advisor, External Partner, and Insurer. Using CompareHealth does not create a binding commitment to purchase insurance products and services or guarantee policy approval. Insurers may adjust premiums, modify coverage (e.g., exclusions or limits), or deny coverage during underwriting. CompareHealth is not involved in these decisions and advises Users to review terms directly with Insurers before finalizing any agreement.
CompareHealth is not responsible for:
By using the platform, you acknowledge and agree that:
To the fullest extent permitted by law, you agree to release and hold CompareHealth, its affiliates, officers, directors, employees, and agents harmless from any claims, damages, liabilities, or losses arising out of your use of the platform, including interactions with Leads, Clients, Advisors, External Partners, or Insurers.
For more details on third-party obligations regarding personal information, refer to the 'Responsibilities of Advisors and External Partners' section of our Privacy Policy.
For more details on CompareHealth’s liability limitations, refer to the ‘No Warranty’, ‘Limitations of Liability, Release and Indemnity’ sections of this Agreement and to the 'Responsibilities of Advisors and External Partners' section of our Privacy Policy.
User Responsibilities and CASL Compliance
Leads and Clients: By using the Services, you agree to provide accurate and complete information solely for reviewing personal health insurance plan comparisons. This may include health-related details, as well as your name, telephone number, and email address. You represent and warrant that you have obtained consent from any individuals whose information you provide for the Services.
Advisors: You agree to use the Services exclusively for creating and reviewing Quote IDs, assisting Clients, and offering relevant insurance products and services. Any personal information (e.g., name, telephone number, email) shared through the platform must be handled in compliance with privacy and anti-spam regulations. You represent and warrant that you have obtained valid consent to contact each Client and will use their information only for intended purposes. Personal contact information collected through the Client Quoter will only be shared via email and not stored in your account, and confidentiality must be maintained while ensuring compliance with all applicable laws when handling Clients’ data.
External Partners: You agree to use the Services exclusively for assisting Leads, and offering relevant insurance products and services. Any personal information (e.g., name, telephone number, email) shared through the platform must be handled in compliance with privacy and anti-spam regulations. You represent and warrant that you have obtained valid consent to contact each Lead and will use their information only for intended purposes. Confidentiality must be maintained while ensuring compliance with all applicable laws when handling Leads’ data.
CASL Compliance for External Partners and Advisors: By using the Services, you agree to comply with the Canadian Anti-Spam Legislation (“CASL”) when sending commercial electronic messages (CEMs). External Partners may only contact Leads, and Advisors may only contact Clients only with valid consent or meet CASL-defined relationship criteria, such as:
General Obligations Under CASL:
Enforcement and Accountability:
External Partners and Advisors must verify the accuracy of contact information, respect opt-out or unsubscribe requests, and maintain compliance records. Misuse of Leads or Clients or non-compliance may result in:
CompareHealth reserves the right to audit CASL compliance practices but assumes no liability for non-compliance. CompareHealth reserves the right to investigate potential violations of these Terms of Use and take enforcement actions, including account suspension, revocation of access, or initiating legal proceedings.
General Terms and Conditions
These General Terms and Conditions apply to all Users of the Services who access the Website. All Section numbers referenced below refer to the General Terms and Conditions.
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 Quote IDs, 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 Quote IDs, 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, 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 User’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 Quote IDs for the purposes of comparing insurance products and services. WE DO NOT SELL OR ENDORSE INSURANCE PRODUCTS AND SERVICES, AND WE ARE NOT A PARTY TO ANY RELATIONSHIPS OR AGREEMENTS YOU MAY HAVE WITH USERS, INCLUDING LEADS, CLIENTS, ADVISORS, EXTERNAL PARTNERS, INSURERS, OR ANY OTHER THIRD PARTIES INVOLVED IN THE SALE, DISTRIBUTION, ADMINISTRATION, OR REFERRAL OF INSURANCE PRODUCTS AND SERVICES OR LEADS, 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 LEADS, CLIENTS, ADVISORS, EXTERNAL PARTNERS, INSURERS, OR ANY OTHER THIRD PARTIES INVOLVED IN THE SALE, DISTRIBUTION, ADMINISTRATION, OR REFERRAL OF INSURANCE PRODUCTS AND SERVICES OR LEADS. 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 LEADS, CLIENTS, ADVISORS, EXTERNAL PARTNERS, INSURERS, OR ANY OTHER THIRD PARTIES INVOLVED IN THE SALE, DISTRIBUTION, ADMINISTRATION, OR REFERRAL OF INSURANCE PRODUCTS AND SERVICES OR LEADS, 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 QUOTE ID. 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 Quote IDs 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 or you stop using our Services. Your termination will be effective when we receive notice of your termination, subject to any applicable terms in this Agreement.
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: