The agreement contains the following sections:
- What is the Intact Insurance app?
- Interpretation and Jurisdiction
- Electronic or paper documents
- Functionality and Use
- Digital fingerprint recognition
- Other Terms
- Disclaimer of Warranty and Limitation of Liability
- Intellectual property
- Links to other sites
We reserve the right, at our sole discretion, to modify the Terms at any time by providing notice and obtaining your consent for such modifications where legally required to do so. Where such consent is not required, modifications are effective immediately and you agree to be bound by them through your continued use of the Application. We recommend you revisit these Terms periodically, which can be viewed at any time within the Application. By downloading the Application on your mobile device, you consent to the installation on your mobile device of the Application, and of any future upgrades or updates thereto (which may be installed automatically if you have selected this feature within your application purchasing profile), made available by Intact.
You further agree that the Application, or any updates or upgrades thereto, could or will perform the functions described below. You may withdraw your consent at any time by deleting the Application from your mobile device.
As long as you comply with these Terms, Intact grants you a personal, non-exclusive, non-transferable license to access and use the Application for private, non-commercial purposes.
2. What is the Intact Insurance app?
The Intact Insurance app is an Application installed on your mobile device that could or will allow you, among other things, to:
- view your Intact car and home insurance policies and access your documents on-the-go;
- access a copy your Intact proof of car insurance directly on your mobile device;
- submit a car or home insurance claim; and
- view and manage your Intact profile, previous purchases and payments.
The information, content, documents and text provided by us through the Application (the “Content”) is believed to be accurate and reliable when posted on the Application, but we cannot guarantee that the Content available on the Application is accurate, complete or current at all times.
Certain Content in the Application is presented in summary form. You must always refer to the terms, exclusions and conditions of your official insurance documents, a copy of which you may access through your Client Centre on the intact.ca website, for a complete description of your selected coverage.
The Application and all Content is owned or licensed by Intact, contains proprietary information, including third party proprietary information, that is protected by copyright, trademark, and patent laws, and other intellectual property laws. Except as otherwise allowed under these Terms or by functionality within the Application or integrated within your mobile device’s operating system, the Application and the Content may not be copied, modified, altered, reproduced, republished, uploaded, posted, broadcasted or transmitted or distributed in whole or in part, to any computer, server, website, application, or any other medium of publication on the Internet or any other computer network, or for any commercial purpose, without prior written consent of Intact.
We reserve the right to modify, suspend or discontinue the Application and/or Content at any time, without notice.
Except as otherwise allowed under these Terms, you may not:
- sell, assign, sublicense, or otherwise transfer any right in or access to the Application or any content, software or services available therein;
- transfer your account to a third party;
- make any commercial use of any portion of the Application or any Content;
- modify, decompile, disassemble, reverse engineer, create derivative works or otherwise attempt to discover any source code of the Application;
- reproduce any portion of the Application, except as permitted in the Terms;
- use software or code to automatically scrape, extract, copy or monitor the Application or any Content, or any data about the Application or any Content;
- probe, scan or test for vulnerabilities in the Application or Content, any systems or networks connected to the Application, or any web-based services offered through the Application;
- attempt to gain unauthorized access to any portion of the Application or any Content, any related systems or networks connected to the Application, any stored information, or any web-based services offered through the Application;
- attempt to interfere with, or disrupt, the proper functioning of the Application or delivery of the Content, or any other person’s use of the Application or the Content; or
- violate these Terms or make any unlawful or prohibited use of the Application or the Content.
We may block, suspend or terminate your use of, or access to, the Application for failure to adhere to the Terms.
5. Interpretation and Jurisdiction
If any provision of the Terms, in whole or in part, is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severable from the rest of the provisions and shall not affect the validity and enforceability of any remaining provisions of the Terms.
Insurance products mentioned in this Application are sold in Quebec, Ontario, Alberta, British Columbia, New Brunswick, Nova Scotia, and Prince Edward Island only. Only residents of these provinces who can validly be bound by these Terms under applicable laws can use this Application. It is your responsibility to determine if you can legally use the Application in compliance with all applicable laws.
We do not guarantee that the Application or any Content is free of viruses, worms, Trojan horses, or other destructive or disruptive code.
To access this Application and to complete any insurance transaction available through the Application, you will need your email address and password. We may provide you with access to information, documents or services related to your insurance policy or claims through the Application. When we do so, you are responsible for ensuring your login credentials for your account are kept confidential and for any activity under your account that occurs as a result of your failure to do so. You will immediately notify Intact if there is any unauthorized use of your login credentials or activity on your account.
Please note that this Application may allow you to store offline copies of your insurance documents on your mobile device, or to transfer these documents outside of the Application through functionalities offered by your mobile device's operating system.
By allowing your insurance documents to be stored or transferred in this manner, you accept the information they contain will no longer be protected by the Application's secured environment and could be governed by the privacy policies of your mobile device manufacturer or other third parties, which differ from ours.
7. Electronic or paper documents
The Application gives you the option to choose to electronically receive and access, through your Client Centre, most of your insurance documents, or to continue receiving a paper copy of these documents by mail. If you choose to electronically receive and access your insurance documents through your Client Centre, you understand that these electronic documents may be used as evidence and will have the same force of law as if you had received them by mail.
By choosing electronic documents, you agree that the email address you provided is your last known email address. You are responsible for notifying us, in a timely manner, of any email address change.
8. Functionality and Use
Use of the Application may affect your battery life. The Application is free and can be downloaded via Wi-Fi or cellular data. However, the Application itself will use your cellular data to transfer information to and from Intact. You are responsible for assuming all roaming fees, data fees, plan fees, overage fees and any other fees your mobile service provider may charge you as a result of your download and use of the Application.
Please note that while roaming, unless your data is turned off on your mobile device, data will continue to be transferred.
Federal and provincial laws may prohibit you from using your mobile device and the Application in any manner while driving. For your own safety, and the safety of everyone around you, Intact strongly encourages you to avoid using your mobile device or the Application while driving.
9. Digital fingerprint recognition
When you enable the digital fingerprint recognition function for the Application (Touch ID or Fingerprint, as the case may be), you can either access the Application with a single touch, or use your email and password to log in.
This function is a service offered by your mobile device’s manufacturer and Intact does not endorse or warrant its use. Intact does not record or store your digital fingerprint in any way and assumes no responsibility or liability with regards to your use or inability to use this function. If you choose to enable this function, any fingerprint recorded in your mobile device can be used to access the Application, your Intact account and your insurance documents. To help keep your account and personal information secured, Intact does not recommend that you activate this function if fingerprints not belonging to you are recorded on your mobile device. Intact assumes no responsibility or liability which may result from the Application being accessed with fingerprints not belonging to you.
We are committed to protecting your privacy, and do our utmost to ensure that the personal information of our customers is safeguarded properly.
Any personal information we collect from you or that you disclose to us through this Application is subject to our Privacy Promise. To understand how we will collect, use and disclose your personal information, please read our Privacy Promise, available at www.intact.ca.
If you have any questions about your privacy or would like more information, please contact our Privacy Office at:
12. Other Terms
We may allow you to engage in certain activities on the Application such as:
- quote or purchase insurance products or services;
- submit an insurance claim or report a motor vehicle accident; or
- access information, documents or services related to your insurance quote, policy, or claim.
When we do so, other terms may apply to these activities (“Other Terms”). If there is a conflict between these Terms and the Other Terms posted on a portion of the Application or other website, the Other Terms will govern and control with respect to these other activities.
Further, we use code provided by third parties and embedded within our Application’s code to integrate the following services into this Application:
Crashlytics is a mobile application analytics service provided by Google Inc. Crashlytics uses code embedded within Intact’s proprietary Application code to detect and report to Intact, on an anonymous basis, certain features or functionalities of the Application or of your mobile device that may, from time to time, cause the Application to crash or otherwise malfunction. Crashlytics can also detect and report to Intact from time to time, on an anonymous basis, ways in which mobile Application or device features are used by you.
We use the reports generated by Crashlytics to help us understand how users interact and use the features made available through our Application and how mobile device features impact the functionality of our Application, to make decisions about how to improve the Application, and to assess any error that may be found in the Application’s code.
If you do not agree with our use of third party embedded code, you should not activate the Application and should delete the Application from your mobile device.
13. Disclaimer of Warranty and Limitation of Liability
The Application is made available "as-is", "with all faults" and "as available" and it is used at your own risk. Intact makes no warranties or guarantees of any kind, express or implied, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. Intact does not warrant that the Application and its operation will be uninterrupted or error or defect-free, that any errors or defects in the Application will be corrected, that data will not be lost or damaged, or that the Application or server(s) that make it available are free from viruses, disabling code or other contaminants.
Intact and its affiliates and suppliers shall not be liable for any direct, indirect, special, incidental, exemplary, punitive, or consequential losses or damages resulting from, arising out of, related to or in connection with, the use of or access to, or inability to access, the Application, Content, these Terms or any related services whether provided by Intact or its affiliates or suppliers.
You agree to defend and indemnify Intact from and against any and all claims, demands, actions, suits, damages, liabilities, losses, settlements, judgments, costs and expenses (including but not limited to reasonable attorney’s fees and costs), brought or asserted against Intact resulting from (i) your access to, or use of, the Application; (ii) your breach of any laws or the Terms; (iii) your negligence or wilful misconduct; or (iv) your violation of any third party intellectual property rights. This section will survive the termination of these Terms.
14. Intellectual property
The Application is protected by the Copyright Act and other applicable intellectual property laws, and its Content cannot be altered, sold, reproduced, copied, published, distributed, uploaded, broadcast or retransmitted without infringing on our and the author's rights and his/her moral rights.
Certain names, words, titles, expressions, phrases, logos, icons, graphics or designs or other content in the Application are, as the case may be, trade-names or trade-marks of Intact Insurance Company and its affiliated companies. Certain names, words, titles, phrases, logos, icons, graphics or designs or other content in the pages of the Application can constitute trademarks or trade names, registered or not, property of third parties and may be used under licence.
15. Links to other sites
These links should not be construed as an endorsement, a guarantee or a recommendation of the products or services offered on those sites.
You access these sites at your own risk. We cannot be held responsible for damages or prejudice of any nature resulting from the use or the content of other sites connected to the Application by hyperlink.
Use of the Application does not grant you any rights to the Application or the Content nor are any rights of use granted in any trademarks or logos included in the Application.
Intact and its third party licensors reserve the right to use any suggestions, recommendations or other feedback you provide without your consent or further obligations to you.
Please note that by accepting to receive the digital proof of auto insurance (the “DPAI”) in the Application, you consent to receive your proof of insurance, including future updates and modifications, digitally through this Application or your Client Center, when applicable.
You further acknowledge and undertake that you have (or will): (i) notify any other drivers who operate a vehicle listed on your DPAI about these Terms; and (ii) obtain their acceptance and agreement to be bound by the Terms; (iii) share the most recent version of the DPAI with all insureds listed on your insurance policy.
You acknowledge that by using the DPAI you assume all risks, including :
- possible damage to your mobile device, when handing your device over to a third party to review your DPAI;
- possible access to personal information if you do not turn off notifications or if your mobile device is accidentally unlocked with facial or fingerprint recognition.
- When your mobile device is not able to access the internet or data network.
- When your mobile device is turned off.
- When you have been locked out of your Application.
- When you have forgotten the password to your Application.
- When you have not properly locked your mobile device to access your DPAI.
- When you have limited or obstructed visibility of your DPAI , e.g. due to damage to your mobile device.
You also acknowledge that:
- It is your responsibility to ensure that your mobile device has access to a working internet or data network for the Application to download the most up to date version of your DPAI. For iOS users, the DPAI will automatically refresh every time you open the Application or access the widget. For Android users, the DPAI will automatically refresh daily.
- Only the front side of your DPAI will be accessible on the lock screen. The reverse side of your DPAI will be accessible once you have unlocked your mobile device and accessed your Application.
- The DPAI is not accepted by law enforcement or departments of motor vehicles in all provinces of Canada, nor by all states in the United States – and it is your duty to ensure you possess proof of insurance in the form and manner required by any jurisdiction in which you operate a vehicle listed on your DPAI.
- Federal and provincial laws may prohibit you from using your mobile device and the DPAI in any manner while driving. For your own safety, and the safety of everyone around you, Intact Insurance strongly encourages you to avoid using your mobile device or the DPAI while driving.
- When you share the DPAI electronically with others, including law enforcement, you are providing those parties with your personal information, including your email address.
- Please also be advised that, regardless of the format (DPAI or paper copy of your proof of insurance), the operator of your vehicle must always have a proof of insurance in the vehicle at all times.
Any other questions?
If you have any technical questions about downloading or activating the Application or its functionalities, please call us at 1 844 312 7982 , or email email@example.com. For all other inquiries, please contact your broker.
ALL TERMS, LIMITS, CONDITIONS, EXCLUSIONS, DEFINITIONS AND PROVISIONS OF YOUR POLICY SHALL CONTINUE TO APPLY AND HAVE FULL FORCE AND EFFECT.
© 2018 Intact Insurance Company