Travelers Canada - Broker Portal Legal      

 

LEGAL TERMS AND CONDITIONS FOR USE OF THIS WEB SITE

By clicking "I accept" or by continuing to use this web site, you confirm that you understand fully and accept and agree to be bound by the following terms and conditions. The Dominion of Canada General Insurance Company (the "Travelers Canada") makes this website available pursuant to these terms and conditions. From time to time, Travelers Canada may amend these terms and conditions by updating this web site or otherwise notifying you of such changes. You should review this section of this web site periodically.

This web site, the data and information contained in it and all software related to it (the "web site") can only be used by an insurance brokerage authorized to transact business with Travelers Canada pursuant to a broker agreement with Travelers Canada ("Authorized Insurance Brokerage"), including any insurance brokers employed by or with an ownership interest in the Authorized Insurance Brokerage, designated employees, consultants or contractors working on behalf of the Authorized Insurance Brokerage (the "Users").

All provisions of the broker agreement and other agreements entered into between the Authorized Insurance Brokerage, and Travelers Canada are applicable to all data and transactions transmitted to and from the web site, or any other use of the web site.

 

AUTHORIZED AND APPROPRIATE USERS OF THE WEB SITE

All User identification numbers, passwords, universal resource locators and digital certificates provided to Users and the Authorized Insurance Brokerage ("ID"s) are the property of and the confidential information of Travelers Canada and must be treated with strict confidence. Any act or omission on the part of a User, or taken with a User's ID is deemed to be the act of an Authorized Insurance Brokerage, whether or not that act or omission was approved or known by the User or by the Authorized Insurance Brokerage. Under no circumstance may a User allow any other person to use the User's ID. Each User and the Authorized Insurance Broker agrees to notify Travelers Canada immediately of any loss of or unauthorized use of a User's ID.

The Authorized Insurance Brokerage and Users are responsible for maintaining the security and confidentiality of User IDs and ensuring that all Users understand this responsibility.

If a User ceases to be employed by an Authorized Insurance Brokerage, or it becomes necessary to change Users within the Authorized Insurance Brokerage office, Travelers Canada must be notified immediately.

Brokers and Users:

  • Agree to only use the website in accordance with all applicable laws, including, without limitation, all applicable insurance and privacy laws.
  • Represent and warrant that they have obtained all required permissions and consents required to disclose personal information to the website in accordance with applicable laws and to allow Travelers Canada to collect, use and disclose the personal information in accordance with the privacy policy of Travelers Canada found at: www.travelerscanada.com
  • Represents and warrants that they have all other registrations, licenses, consents, permissions and approvals required to use the website, including, without limitation, all types and classes of insurance licenses required under applicable insurance laws for the types of insurance requested by the Authorized Insurance Brokerage and Users in the provinces for which such insurance is requested.

     

    CONFIDENTIALITY

    In addition to the foregoing, the Authorized Insurance Brokerage agrees to maintain the confidentiality of any and all information contained within and on the website and to not further disclose the information to any unauthorized person or entity, unless required or permitted by law. With respect to the use of motor vehicle reports, the Authorized Insurance Brokerage agrees not to sell, assign or otherwise transfer any information or portions of information obtained in a driving record except as is necessary to conduct Travelers Canada legitimate insurance business or as may be required by law. The Authorized Insurance Brokerage will not use any driver record information for any purpose other than a legitimate insurance purpose, and will not use any information provided in a driving record for direct mail advertising or any other type of mail or mailings. The Authorized Insurance Brokerage will not disclose or publish any information appearing in any driver record for commercial policies, and not share any information or portions of information obtained in a driving record with any insured or prospective customer.

     

    INAPPROPRIATE USE OF WEB SITE

    Authorized Insurance Brokerages and Users may not use this web site in order to transmit, distribute, store or destroy material in violation of any applicable law or regulation, in a manner that will infringe the copyright, trademark, or other intellectual property rights of others, that will violate the privacy, publicity or other personal rights of others, or in any manner that is or may be harmful to Travelers Canada or third parties.

    Authorized Insurance Brokerages are prohibited from violating or attempting to violate the security of this web site, including:

  • Accessing and using data not intended to be used by the Authorized Insurance Brokerage or User or logging on to a server or account which the Authorized Insurance Brokerage or the User is not authorized to access;
  • Attempting to probe, scan or test the vulnerability of the system or network or to breach security or authentication measures without proper authorization; or
  • Attempting to interfere with service to any User, host or network, including, without limitation, by way of submitting a virus to the web site, overloading the web site, or by other actions intended to disrupt or disable the service. Violations of systems or network security may result in civil or criminal liability.

     

    ACCURACY OF DATA TRANSMITTED ON WEB SITE

    The Authorized Insurance Brokerage is fully responsible for the accuracy of all information transmitted by its Users on the web site. Travelers Canada is responsible for the accuracy of all information transmitted by its employees and intended to be used and relied upon by the Authorized Insurance Brokerage and Users. All Users and Authorized Insurance Brokerages are responsible for communications made by them and for the consequences of transmitting information on this web site.

     

    INTEGRITY AND SECURITY OF SYSTEM

    The Authorized Insurance Brokerage shall maintain all security measures necessary to maintain the confidentiality of the IDs provided to it and to the Users and to prevent any unauthorized access or use of the website or the confidential information contained thereon by any unauthorized person(s). This unauthorized use includes terminated Users. The Authorized Insurance Brokerage shall immediately notify Travelers Canada of any breach of the confidentiality or security measure required by this paragraph. Travelers Canada may immediately deactivate any ID the security of which it believes to be compromised, or for which it has received notice from the Authorized Insurance Brokerage has been breached.

    Travelers Canada and the Authorized Insurance Brokerage mutually undertake to use reasonable efforts to ensure that the web site is not contaminated by computer viruses or other factors causing or threatening to cause any malfunction or problem. Should either party become aware of any such fault, problem, or potential fault or problem, then it shall notify the other party forthwith and take immediate action to remedy the problem or potential fault or problem.

    All reasonable precautionary and preventive actions required of the Authorized Insurance Brokerage in connection with maintaining the security and integrity of the web site shall be managed by the Authorized Insurance Brokerage in consultation with Travelers Canada.

    Travelers Canada is not liable in any way for any system malfunction, contamination or other problems which may affect the ability of the Authorized Insurance Brokerage to transmit information to Travelers Canada or which may impact the Authorized Insurance Brokerage in any manner.

    Travelers Canada reserves the right to suspend web site operations if it becomes necessary to preserve the integrity or security of any information or in order to repair or rectify a malfunction, contamination, or other problem or potential problem. Travelers Canada shall have the discretion to suspend web site operations on a specific basis or on a system-wide basis, as the circumstances require.

     

    LIABILITY AND EXCLUSION OF WARRANTIES

    Travelers Canada does not represent and warrant that the web site will operate error free or that the web site and its server are free of computer viruses or other harmful mechanisms. If use of the web site results in the need for servicing or replacing equipment or data, Travelers Canada is not responsible for those costs or any consequences attendant thereto. In no event shall Travelers Canada be liable for any special, indirect, or consequential damages or any damages whatsoever resulting from loss of use, data, or profits, whether in an action based on contract, negligence or other tort, arising out of or in connection with the use of information available from this web site.

     

    INTELLECTUAL PROPERTY

    The contents of this web site, including text, graphics, logos, images, trademarks, service marks, and other materials, are protected under the copyright laws and other laws of Canada, and other countries. All content of this web site is the exclusive property of Travelers Canada.

    The sale, reproduction, distribution or any unauthorized use of the material in this web site or any part thereof in any way for any unauthorized private, public or commercial purpose is done in breach of these terms and conditions. Unauthorized use of the materials may violate copyright, trademarks and other laws, and is prohibited.

     

    TERMINATION OR SUSPENSION

    Travelers Canada reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of postings from this web site and immediate suspension or termination of access or use of the web site by any or all Users and Authorized Insurance Brokerage, suspension or termination of ID's and any other service provided by Travelers Canada upon any breach or potential breach of any of these terms and conditions, if Travelers Canada is unable to verify or authenticate any information submitted to the web site or if the dealer agreement or other agreement between Travelers Canada and Authorized Insurance Broker is terminated.

     

    INDEMNITY

    The Authorized Insurance Brokerage and User(s) agree to defend, indemnify and hold harmless Travelers Canada and its affiliates and the directors, officers, employees and agents of the foregoing from and against any claims, actions or demands, including, without limitation, reasonable legal fees, alleging or resulting from use of this web site or any breach or alleged breach or potential breach of these terms and conditions.

     

    GENERAL

    This web site is based in Toronto, Canada. Travelers Canada makes no claims that the materials available on this web site are appropriate or may be downloaded outside of Canada and this is done at the User's own risk and the User is responsible for compliance with the laws of the relevant jurisdiction.

    By virtue of maintaining this web site, Travelers Canada shall not be construed to be doing or transacting business or otherwise being subject to the jurisdiction of any governmental authority in which the Authorized Insurance Broker, the User, or this or any linked site server or internet provider is resident, domiciled or located.

    These terms and conditions are governed by the laws of the Province of Ontario, Canada, without respect to conflict of law provisions. If any provision of these terms and conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these terms and conditions, which remain in full force and effect.

    No waiver of any term or condition shall be deemed a further or continuing waiver of such term or any other term.

    Except as expressly provided in material on a particular page of this web site or as may be delivered to you in writing from time to time by Travelers Canada, these terms and conditions, in conjunction with the broker agreement or other agreements entered into between the Authorized Insurance Brokerage, or User(s) or both and Travelers Canada, constitute the entire agreement amongst the Authorized Insurance Brokerage, User(s) and Travelers Canada with respect to the use of this web site.

     

    NOTICES

    All notices required pursuant to the terms and conditions shall be sent to Travelers Canada, 165 University Avenue, Toronto, Ontario, M5H 3B9, and to the head office address provided for the Authorized Insurance Brokerage.