Conditions of Use
Conditions of Use
This Conditions of Use Agreement (this “Agreement”) constitutes a legally binding contract between You and Onlia Agency Inc. (“Onlia Agency”, “We”, “Us” or “Our”) concerning Your use of the website: www.onlia.ca/insurance (the “Agency Website”), the content, information, and services provided through the Onlia Agency Website, Customer support, and via social media channels (collectively, the “Services”). It is important that You carefully read and understand the terms and conditions of this Agreement.
This Agreement does not apply to any other domain (sub or primary) of the onlia.ca website that is owned and/or operated by or on behalf of any third party and/or an affiliate or related company of Onlia Agency even if we provide a link to such subdomain on the Onlia Agency Website.
YOUR USE OF THE ONLIA AGENCY WEBSITE CONSTITUTES AGREEMENT TO THESE CONDITIONS OF USE.
Be advised that this Agreement contains disclaimers of warranties and limitations on liability that may apply to You.
The Onlia Agency Website and the Services
This Agreement applies to all Users of the Onlia Agency Website, and all forms of communication including chat, email, social media, phone calls, text messaging, etc.
Onlia Agency is a licensed insurance agent of Verassure Insurance Company. The Onlia Agency Website and the Services offered through the Onlia Agency Website are designed to offer, price and administer insurance products, and to help You with on-going changes and/or claims support. We do not use the services of other intermediaries to place Your insurance. We only access Verassure Insurance Company and their respective products and services.
You are able to quote, purchase, and modify your insurance policies online. All information you provide, including payment information must be up to date, and you declare all known facts relevant to the calculation of premium, the assessment of the risk, and or the decision to place or arrange coverage. This information is encrypted and stored in a secure way and transmitted only to those parties involved in the processing of your payment and provision of described services .
Some insurance products or related services mentioned on the Onlia Agency Website may only be available in certain areas or jurisdictions. Any insurance products or related services mentioned on the Onlia Agency Website are made available in accordance with the applicable law and only where they may be lawfully offered for sale.
The information and descriptions contained on the Onlia Agency Website are not intended to be a complete and accurate description of all terms, conditions and exclusions of the insurance products and related services offered. In all cases, the insurance product and related Services shall be governed by the terms and conditions of the applicable policy. We do our best to explain our products and services on our website, and should you not fully understand, or have any concerns, please contact us for further information.
We will assess and facilitate insurance protection based on your request, our understanding of Your needs, as well as Our knowledge of the products that are offered by Verassure Insurance Company. If you misplace Your policy documentation, the account owner can access a digital copy at their convenience by signing into ‘My Account’, or by contacting our customer support team. Without limiting the generality of any other section of this Agreement, any purchase of insurance products through Us is subject to underwriting eligibility criteria.
Customer Support Channels
All customer support representatives charged with handling insurance-based inquiries are licensed insurance representatives of Onlia Agency.
Customer support is a permission-based service. All engagement with Customer support is monitored and recorded for accuracy, record keeping, quality control and training purposes. Our Customer support representative(s) may require additional personal information to assist you. As such, by using Customer support you consent to the release of such additional information. Any personal information gathered during a Customer support session is governed by Our Privacy Notice.
IT IS IMPORTANT THAT YOU UNDERSTAND YOUR DUTY TO PROVIDE COMPLETE AND ACCURATE MATERIAL INFORMATION TO US NOT ONLY WHEN YOU INITIALLY OBTAIN YOUR INSURANCE, BUT ALSO THROUGHOUT THE TERM OF YOUR INSURANCE POLICIES, AT TIME OF RENEWAL, OR AT ANY OTHER TIME WHEN YOU MAKE OR REQUIRE CHANGES OF WHICH THE INSURANCE COMPANY HAS TO BE NOTIFIED. FAILURE TO DO SO COULD RESULT IN BUT NOT LIMITED TO; CANCELLATION OF YOUR INSURANCE POLICY, OR POTENTIAL DENIAL OF CLAIMS OR FORFEITURE BENEFIT ENTITLEMENT.
Material information is any information that could influence an insurer’s decision to accept Your risk including the cost of Your insurance.
You also agree to the terms and conditions of Our Privacy Notice hereby incorporated by reference which details how we use your personal data.
Content and Feedback
As part of Your use of the Services, Users may voluntarily participate in certain posting activities, rating activities, and/or other public communications and forums. We welcome and encourage Your comments, ideas, suggestions and feedback (collectively, “Feedback”), and You acknowledge and agree that We are free to use the Feedback You submit without any restriction or compensation to You.
You acknowledge and agree that any postings, messages, text, photos, audio/visual works, information, suggestions, feedback, reviews, ratings, or content provided by You on the public portion of the Services (collectively, “Content”) may be viewed by the general public. Such Content will not be treated as private, proprietary, or confidential, and You hereby authorize Us and Our affiliates, licensees, and sub-licensees, without compensation to You or others, to copy, adapt, create derivative works of, reproduce, incorporate, distribute, publicly display, publicly perform, or otherwise use or benefit from such Content throughout the world in any format or media (whether now known or hereafter created) for the duration of any copyright or other rights in such Content, and such permission shall be worldwide, royalty-free, perpetual, and irrevocable. Further, to the extent permitted under applicable law, You waive and release and covenant not to assert any moral rights that You may have in any Content posted or provided by You.
By posting or providing any Content on the Services, You represent and warrant to Onlia Agency that You own or have the right to use and permit Us to use and license such Content in the manner stated in this Agreement.
All Services provided on, by, or through the Onlia Agency Website or otherwise, including but not limited to data, text, graphics, designs, logos, images, audio/visual materials, links, and references, are provided for personal use only. Without Our written consent, no information or any other Onlia Agency materials or property may be copied, reproduced, displayed, republished, downloaded, posted, digitized, translated, modified, transmitted, distributed, or commercially exploited in any way, except as expressly permitted herein.
Acceptable Use Policy
You agree not to use the Services to take any action(s) that (i) is contrary to the Onlia Agency public image, goodwill, or reputation, (ii) modifies, adapts, sub-licenses, translates, sells, reverse engineers , decompiles, or disassembles any portion of the Onlia Agency Website, (iii) removes any copyright, trademark, or other proprietary rights or notices contained in or on the Onlia Agency Website, (iv) interferes with or disrupts any Services or equipment with the intent of causing an excessive or disproportionate load on the infrastructure of Onlia Agency or its licensors or suppliers, and /or (v) violates any applicable law, statute, ordinance, or regulation, or encourages any conduct that could constitute a criminal offence or give rise to civil liability.
Improper use of the Services may result in termination of Your access to and use of the Services, and/or civil or criminal liabilities.
Onlia Agency Communications
You agree that We may send You communications such as marketing emails, newsletters, etc. If you do not wish to receive these communications, you may opt out at any time.
Ownership and Trademarks
The Services, including all trademarks, logos, and service marks displayed on the Services, are owned and operated by Onlia Agency and its licensors, and the information and services (and any intellectual property and other rights relating thereto) are and will remain the property of Onlia Agency and its licensors. The Services are protected by Canadian and international copyright, trademark, and other laws. You acknowledge that these rights are valid and enforceable. The Services may be used solely (a) to the extent permitted in this Agreement or (b) as expressly authorized in writing by Us, Our third-party partners, licensors or suppliers.
The Services are provided “as is” and “with all faults” and without warranties of any kind and any warranties that the Services are current and/or up-to-date are hereby expressly disclaimed to the fullest extent permissible under applicable law. Onlia does its utmost best to ensure that our services will function inline with our rigorous expectations, however;
THERE IS NO WARRANTY, REPRESENTATION, OR GUARANTEE THAT THE SERVICES, OR YOUR USE OF THE SERVICES, WILL BE UNINTERRUPTED, COMPLETE, ACCURATE, CURRENT, RELIABLE, ERROR-FREE, SECURE, OR THAT ANY PROBLEMS WILL BE CORRECTED, OR THAT THE SERVICES, OR ANY INFORMATION, SOFTWARE, OR OTHER MATERIAL ACCESSIBLE FROM THE SERVICES, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES AND YOUR RELIANCE THEREON.
ONLIA AGENCY MAKES NO WARRANTY, REPRESENTATION, OR GUARANTEE CONCERNING PRODUCTS AND SERVICES OFFERED BY THIRD PARTIES, AND WE SPECIFICALLY DISCLAIM ANY WARRANTY CONCERNING THE CONDUCT OF ANY THIRD PARTY IN CONNECTION WITH THE SERVICES.
Limitation of Liability
Neither Onlia Agency, Verassure Insurance Company, nor any of its licensors, sponsors, agents, successors, or assigns, nor Our or their directors, officers, employees, consultants, or other representatives (the “Onlia Agency Parties”), are responsible or liable for any indirect, incidental, consequential, special, exemplary, punitive, or other damages (including without limitation any loss of profits, lost savings, or loss of data) or liabilities under any contract, negligence, strict liability, or other theory arising out of or relating in any manner to the Services and/or any linked website, whether or not we have been informed of the possibility of such damages or liabilities. Your sole remedy with respect to the Services or any linked website is to stop using the Services, or linked website.
IF AN ONLIA AGENCY PARTY IS FOUND TO BE LIABLE TO YOU FOR ANY REASON, YOU AGREE THAT THE MAXIMUM, AGGREGATE LIABILITY OF ANY ONLIA AGENCY PARTY TO YOU, AND YOUR EXCLUSIVE REMEDY UNDER ANY THEORY OR FOR ANY CAUSE WHATSOEVER (INCLUDING BUT NOT LIMITED TO ANY TOTAL OR PARTIAL FAILURE OR DISRUPTION OF THE SERVICE PROVIDED HEREUNDER, FRAUD, MISREPRESENTATION, BREACH OF CONTRACT, PERSONAL INJURY, OR PRODUCTS LIABILITY), SHALL NOT EXCEED THE AMOUNT OF TEN DOLLARS (CAD $10.00). YOU ACKNOWLEDGE AND AGREE THAT NONE OF THE ONLIA AGENCY PARTIES WOULD HAVE AGREED TO PROVIDE THE SERVICES TO YOU WITHOUT YOUR AGREEMENT TO THIS LIMITATION.
YOU AGREE NOT TO MAKE, AND TO WAIVE TO THE FULLEST EXTENT ALLOWED BY LAW, ANY CLAIM FOR DAMAGES OTHER THAN DIRECT, COMPENSATORY DAMAGES AS LIMITED ABOVE.
You agree to fully indemnify, defend, and hold the Onlia Agency Parties harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees), and other expenses that arise directly or indirectly out of or from: (a) Your breach of this Agreement; (b) any allegation that any materials You submit to Us or transmit to the Services infringe or otherwise violate the copyright, patent, trademark, trade-secret, or other intellectual property or other rights of any third party; (c) Your activities in connection with the Services or other websites to which the Services are linked; and/or (d) Your negligence or willful misconduct.
If You have a dispute with one or more other users of the Services, You agree to release the Onlia Agency Parties from any and all claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute. In entering into this release, You expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims that You may know or suspect to exist in Your favour at the time of agreeing to this release.
These Conditions of Use shall be governed and construed in accordance with the laws of the Province of Ontario, and the laws of Canada applicable therein, without giving effect to any principles of conflicts of law. You irrevocably attorn to the exclusive jurisdiction of the courts in the Province of Ontario.
Changes to this Agreement
We reserve the right, at any time, with or without cause to:
- change the terms and conditions of this Agreement;
- change the permitted methods of payment at any time;
- change the Services, including eliminating or discontinuing any feature of the Services; or
- deny or terminate Your use of and/or access to the Services.
Any changes We make will be effective immediately upon Our notice to You, which may be given through any means, including but not limited to; being made available through the Services, such as posted on Our Agency Website or through any other form of electronic notification.
You agree that Your continued use of the Services after such changes constitutes Your acceptance of such changes. Be sure to return to this page periodically to ensure familiarity with the most current version of this Agreement.
The Onlia Agency Website is intended for visitors from Canada only, who have reached the age of majority. You agree that your use of the site shall not violate any applicable local, national, provincial/territorial, or international laws, including but not limited to any regulations having the force of law.
You agree not to impersonate another person in Your use of the site or the sending of any email to an address listed on the site.
You acknowledge that the Services are not available in the French language at this time.
Storage of Data and Third Party
If You have any questions, comments, or concerns relating to these Conditions of Use, please contact Us at:
Onlia Agency Inc.
351 King St. E, Suite 801
Toronto, ON M5A 1L1
Effective date: December 7, 2018